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HomeMy WebLinkAbout14-0678 R Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: Docket No: Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other pape rs as required by law or rules o court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: MorEquity, Inc. Lead Defendant's Name: Donald M. Witters; Kathy C M. Witters T Dollar Amount Requested: ❑ within arbitration limits I Are money damages requested ?: ❑ Yes ® No (Check one) ® outside arbitration limits O N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Christopher A. DeNardo, Esquire ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not ❑ Employment Dispute: include mass tort) Discrimination E ❑ Slander /Libel /Defamation ❑ Employment Dispute: Other ❑Zoning Board C F Other: T ❑ Other: I ❑ Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ .Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations _ ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ 'Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: — Updated 1/1 /2011 Y SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 7g° °4471 -,'j- ,S -�f " -' ;. CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 # rF, —,. 3 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON KING OF PRUSS 19406E 150 �e�r't�S YL V �M(A TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 044797 MorEquity, Inc. COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNT VS. NO: Donald M. Witters 8 Poplar Street Wormleysburg, PA 17043 Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 DEFENDANTS COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. S I� Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717 - 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA A13AJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 1.7013 717 - 249 -3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO: 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 044797 MorEquity, Inc. COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNT VS. NO: Donald M. Witters 8 Poplar Street Wormleysburg, PA 17043 Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 ; DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, MorEquity, Inc., the address of which is, c/o Nationstar Mortgage LLC, 350 Highland Dr., Lewisville, Texas 75067, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage Mortgagee TMS Mortgage, Inc., dba The Money Store Mortgagor(s) Donald M. Witters and Kathy M. Witters (b) Date of Mortgage May 25, 1999 (c) Place and Date of Record of Mortgage Recorder of Deeds Cumberland County Mortgage Book 1548, Page 808 Date: June 8, 1999 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments Assignor: TMS Mortgage, Inc., dba The Money Store Assignee: Morequity, Inc. Date of Assignment: May 25, 1999 Recording Date: March 19, 2001 Book: 669 Page: 445 The Assignment(s) is /are a matter a matter of public record and are therefore incorporated herein as provided by Pa. R.C.P. No. 1019(g). 2. Plaintiff is either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by operation of law. 3. The real property that is subject to the Mortgage is generally known as 8 Poplar Street, Wormleysburg, PA 17043 and is more specifically described as attached as part of Exhibit "A ". 4. Each mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Promissory Note "). A true and correct copy of the Note is attached and marked as Exhibit "B ". 5. The names and mailing addresses of the Defendants are: Donald M. Witters, 8 Poplar Street, Wormleysburg, PA 17043 and Kathy M. Witters, 8 Poplar Street, Wormleysburg, PA 17043. 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of September 1, 2013 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of January 17, 2014: Principal Balance Due $64,517.71 Interest Currently Due and Owing at a variable rate $891.30 From August 1, 2013 through January 17, 2014 Escrow Advances $694.87 Appraisal Fees $95.00 Property Inspection $54.15 Forbearance $(18.60) TOTAL $66,234.43 9. Interest continues to accrue for each day that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. In addition to the above amounts, reasonably incurred attorney's fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 1.1. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq., was sent to each individual Mortgagor at their mailing address and /or the mortgaged property address by first -class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "C" in accordance with Pa.R.C.P. 1019(i). 12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: 2 rr BY: r t � �i°� fESQumE S & D File No. 13- 044797 ,• rGcoF ,,Ei:D c.'JtiE�RIJ,:10 c0may -Pa .99 JUN 8 P(i 3 06 Parcel Number: 47.20.1858.184 After recording return to: The Money Store /Packaging P.O. Box 160128 Sacramento, CA 95816 -0128 MORTGAGE THIS MORTGAGE ( *security instrument-) is made this Twenty- f i fth Day of May, 1999 between theMongagor, Donald M. Witters And Kathy M. Witters (herein -Borrower'), and the Mortgagee, TMS Mortgage Inc.. dba The Money Store which is orgadsed and existing under the laws of MeW Jersey and whose address is 4660 Trindle Road Suite 1002. Shiremanstown, PA 17011 (herein *Lender). WHEREAS. Borrower is indebted to Lender in the principal sum of Fifty -Four Thousand, Eight Hundred Dollars (U.S. s 54.800.00 ) together with Interest, which indebtedness is evidenced by Borrower's note dated May 25. 1999 (the 'Note'), providing for monthly installments of p rincipal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on June 1, 2029 TO SECURE to Lender the repayment of the i ndebteduen evidenced by the Note, with Interest thereon; extern ions and ratewais of the Note; the payment of all other sums, with Interest thereon. advanced in accordance with this Security instrument to protect the security of this Security Instrume and the performance of the covenants and agnarems of Borrower contained In this Mtutgage, Borrower does hereby mortgage, great and convey to leader, the following described located in Cumberla County. Pennsylvania: MEXMIBIT 'A' ATTACHED) being the sane property commonly known as:. 8 Poplar Street. Worml eysburg , PA 17043 ('Property Address). POINSYLVANIA MORTGAGE prase Original - Record M002.1PA rar.7 of r �W�INI�N�ININ�IIN�NI�I� Bood548 PAd e808 TOGETHER with all the improvements now or hereafier erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Security Instrument. All of the foregoing, together with such property (or the leasehold at= If this Security Inuntment is an a leasehold) are alled the 'Property. ' Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage. gram and convey the Property. and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and covenants that Borrower will defend generally the title to the Property against all claims and demands, subject to encumbrancer of record. Borrower further warrants, represents and covenants as follows: 1. Payment of Principal and Interrat. Borrower shall promptly pay when due the principal and interest indebtedness and all other charges evidenced by the Note. 2. Funds for Tam send Insurance. If required by Leader, sad subject to applicable law, Bonuwa shall pay to Larder as the day monthly payments are due under the Note, until the Note is paid in tall, a sum ('Funds") for (a) yauly taxes and &seam aus which may man priority over this Security iortnmtent m a I[ea or the property: (b) Yearly leasehold payments or ground tern an the Property. if any; (c) yearly hazard or property insurance premiums; (d) yearly flood bmtrance premiums. if troy. and (e) yearly mortgage imurtoa premiums, if say. These (team are called 'Hscrow Items.' Lender rosy, at any time, calla[ and hold Funds In an amount not to exceed the maximum amount a leader for a federally related mortgage loan may require for Borrower's escrow amount under the federal Real Estate Settlement Procedures Act of 1974, as amended from time to time, 12 U.S.C. Section 2601 a seq. ('RESPA'), unless another law that applies to the Funds sets a later amount. If so, Larder may, at any time, collect said hold Furls in an saammt not to exceed she later amount. Leader may alim a the amount of Funds due on the bans of current data and reasonable aadmares of expenditures of future Escrow Remo at otherwise In accordance with applicable law. The Funds shall be held in an Istitatlon whose deposits are insured by a federal agency, istrumentWty, or entity (including Lender. If Leader is such on Institution) or in any Federal Home Lam Bank. Lender shall apply the Ftmda to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, sarmally atudysing the escrow account, or verifying the 8sorow Items, unless Leader pays Borrower interest on the Fords and applicable law permits Sender to make such a chap. However, tender may require Borrower to pay a one -time charge for an Independent real eatate tax reporting service used by Lender In ,, 1 Ion with this loam, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, lade shall not be required to pay Bonowes any lateral or earnings on the Ponds. Borrower and lads may agree in writing, however. that interest thali be paid on the Funds. Leader dA give to Borrower, without charge, an annual soeouatiag of the Funds, showing credits and debits to the Funds and the propose for which each debit to the Funds was made. The Funds are pledged as additional security for all sues secured by this Security instrument. If the Funds held by larder exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds In accordance with the rary(rmfmts of applicable law. If the amount of the Funds held by !.ender at any time Is not sufficient to pay the Fxrow Item when due, Leader may to oodly Bomwer In writing, caul, in such sae Borrower shall pay to Lender the amount oacestary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, a Lender's sole discretion. Upon payment in fail of all sums scarred by this Security instrument. Lender shall promptly refund to Borrower any Funds held by Leader. If. under Paragraph 18, fader WWI acquire or sell the Property, larder. prior to the acquisition or sale of the Property, shall apply any Funds held by tender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument, 3. Application of Payments. All payments; of principal and interest received by Leader shall be applied as Provided in the Note. If Borrower owes lender any late chuga, or other tees or charges ('other charges% they will be payable upon demand of Lender. Unless prohibited by law. the application of payments may be affected by the haposition of other charges. Therefore, payments of other charges, whether paid to Leader In addition to the manthlY payment or separately, will be applied in a manner at the absolute discretion of the Isader, Borrower agrees that Leader may WPIy an payment received under Paragraphs l and 2, tither first to amounts payable under Paragraph 1, or fast to smmo nts•payable under ParaiMb 2. .v PE MSYLVAMIA MORMGE a7on original - RBOard M002.2PA ' goo %SJtABE ►809 4. Prior Mortgages and Deeds of 71rust; Charges; Was. Borrower shall perform ail of Borrower's obligations under any mmtgsge, deed of trust or other security agreement with a lien which has priority over this Security Instrument, it any, including Borrower's eoveaama to make payments when due. Borrower shaft pay or cause to be paid all taxes, assessments and other charges, fines and Im ositimn attributable to the Property Which may attain a priority over this Security Instrument, and leasehold payments or ground rem. U any. S. hummmce. Borrower ahail keep the improvements now existing or hereafter erected on she property insured against loss by fire, hazards included within the term 'extended ctsvengo,' flood and any other hazards as Lender may require, from time to time, and in such amount and for such periods as Lander may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided that such approval shall not be unreasonably withheld. If the Borrower falls to maintain the coverage described above, Lender may, at Its option, obtain coverage to protect Its rights on the Property in aceordarcc with Paragraph 8. All insuraree policies and renewals thereof shall be in a form acceptable to Lender and shall Include a standard mortgage clause in favor of and in a form acceptable to Lender. lender shall have she right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. If any imu tune proceeds are made payable to Borrower, Borrower shall promptly pay such amounts to Lender, including, without limitation, the endorsement to Lender of any proceeds made by check or other draft. Unless Lander and Borrower otherwise agree in writing, tnavrenoe proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Leader's security is not lessened. if the restoration or repair is not economically feasible or Lender's security would be lessened, the Insurance proceeds shall be applied to the sums aetxtred by this Security Instrument, whether or not then due, with any excess paid to Borrower. Unless Lender and Borrower otherwise agree in welting, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Paragraphs 1 and 2 or lunge the amounts of the payments, if under Paragraph 18 the Property Is acquired by fender. Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the aegnlshlon shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. The provisions of this Paragraph 3 concerning the payment, disbursement or application of insurance proceeds shall apply to any insurance proceeds covering the Property whether or not (i) Lender is a named insured, (ii) the policy contains a mortgage clause, or (ill) Lender has required Borrower to maintain the insurance. Borrower authorizes and directs any inauscr to list lender as a loss payee on any payment of insurance proceeds upon Lender's notice to insurer of Lender's Interest In the insurance proceeds. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. It the Property is abandoned by Borrower, or if Borrower falls to respond to Lefler within 30 days from the date notice Is mailed by tender to Borrower that the Insurance curler offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at L alder's option either to restaration or repair of the Property or to the sums secured by this Security Instnrrnent. 6. Preaervsdton and Mahntestance of Property; L.emeholds; Condominiums; Planned Unit Developments. Borrower shall keep the Properly in good repair and shall not commit nor permit waste or impairment or deterioration of the Property. Borrower shall not do anything affecting the Property that Is in violation of any law, ordinance or government regulation applicable to a residential property, and Borrower shall comply with the provisions of any lease if this Security instrument is on a leavhold. If this Security Instrument is on a unit in a condominium or a planned unit development; Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or phoned unit development, the by -laws and regulations of the condominium or planted unit development, and constituent documents. Unless Lender and Borrower otherwise agree In writing, all awards. payments or judgments. including interest thereon, for any Injury to or decrease to the value of the Property received by Borrower will be used to restore the Property or applied to the payment of amps secured by this Security Instrument, whether or nor then due, with any exow paid to Borrower. Unless lender and Borrower Otherwise agree in writing, any application of proceeds to principal shall not wend or postpone the due date of the monthly payments referred to in Paragraphs I and 2 or change the amounts of the payments. Borrower agrees that In the event an award, payment or judgment includes cornpa=lon for both injury or decrease in the value of the Property and compensation for any other Injury or loss, the total amount of such award, payment or judgment PENNSYLVANIA MORTGAGE nowt 0rig1na2 - Record ar0e2 -1PA Ap 7 d 7 p �BKavQ81AGi ,810 shall be deemed compensation with respect to the Property and Borrower hereby am, is to Lender's Intervention into any proceedings regarding the Property. 7. Loan Application Process. Borrower shall be In default under this Security Instrument, if Borrower, during the loan application protege, give materially false or Inaccurate information or statements to Larder (or failed to provide Lander with any material information directly besrtng on Lender's decision to exnmd credit to Borrower). In connection with the loan evidenced by the Note. 8. Protection of Lender's Rights In the Property. If Borrower falls to perform the covenants and agreements eonulned in this Security Instrument, or them Is a legal proceeding that may significantly affect Le der's rights in the Property (suds as a proceeding In bankruptcy, probste, for condemnation, forfeiture, or to enforce laws or rcgulrnimts), Then Leader may do and pay for whatever is necessary to protect the value of the Property and Lender's eights in the Property. Leader's anions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing In court. paying reasonable attorneys' fees and entering on the Property to make repaint or abate anlwrces. Although I ender may take action under this Paragraph 8, Leader does not have to do so. The eight of Lander to protect bender's rights In the Property shall Include the right to obtain at Bonvwees expense. property Inspections, credit reports, appraisals, opinions of value or other expert opinions or reports. amine prohibited by law. Any smemnts disbursed by Lender under this Paragrrph 8 shall become additional debt of Borrower seared by this Security Instrument. Unless Borrower and Lander agree to other terms of payment, these amours shall bear Interest from die due of disbursement at the Note We ad shall be payable, with {merest, upon demand of L ader. TUe Borrower's obligation to pay the amorous advanced by lender under this Paragraph 8 shall continue in full force and effect after the entry of may Judgment in mortgage foreclosure at a judgment on the Note. 9. Mortgage Insurance. If Lender required mortgage loauesooe as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insureace in effect moil such lime ae the requirement for the insurance termluates in accordance with Borrower's and Lender's written agreement or applicable law. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to say such inspection specifying rabonable taws therefor as related to Lendes's Interest in the Property. 11. Condo mnsdon. The proceeds of any award or claim for damages, direct or coasequentlal, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terror of any mortgage, deed of trust or other security agreement with a lien which has priority aver this Security Instrument. In the evens of a total taking of the Property, the proceeds shall be applied to the sums serried by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the swan secured by this Security Instrument immediately before the taking, unit= Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds muldis ied by the following f alone (a) the total amount of the sums seared Immodiately before the taking, divided by (b) the fair maaitct value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of ■ partial asking of the Property in which the fair market value of the Property Immedtstely before the Wring Is less than the amount of the autos seatrod Immediately before the taking, unless Borrower and Ierder otherwise agree In writing or unless applicable law otherwise provides, the proceeds shall be applied to the auras secured by this Security Instrument whether or not the sums are than due. If the Property is abandoned by Borrower, or If, after madoc by lender to Borrower that the condemnor offers to make an award or settle a claim for damages. Borrower falls to respond to Lida within 30 days after the date the notice is given, Lender Is authorised to collect and apply the proceeds, at its option, either to restoration or repair of the Property or the sums secured by this Security instrument. whether or out rota due. Unlm Lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Paragraphs 1 and 2 or change the amount of such payments. Pot 1548 rat -tau I'MMSYLYANIA MOBTUAOE ts7m Original - Record 1Ao024PA "*COT o t. 12. Borrower Not Released; Forbs2rance By bender Not a Waiver; Acceptance or partial Payment. Extension of the time for pay at or 100111]1=11011 of &MO dzathm of the sums so Ii by this Savriry instrument granted bt ImIder to Borrower Or arty s0oeessor In iateneat of Borrower shall not operate to release, in ar0' marow. the liability of the original Borrower and Bormwer'i successors In interest. lender shall not be required to commence proocedings against such suaxtwr or may refuse to extend time for payment or otherwise modify mtortlEsdon of the sutras secured by this Security Instrument by reason of any demand made by the original Borrower cud Borrower's successors in Interest. Any forbearance by Lender on one or mote oats ions In exercising any right or remedy hereunder, or otherwise afforded by applicable law, stall not be a wtdver of or preclude the later exercise of that or any other right or remedy. Under tray accept partial peymems from Borrower, without waiving or forbearing any of its tights miler this Security Instrument or Under the Note even If such payments arc notated as a payment in full, or with a notation of similar meaning. 13. Successors; and Assigns Bound; Joint and Several LiabBltyi Signers. The covenants and agreements herein eontelned shall bind, and the rights hereunder shall inure to, the respective successors ad ssaigne of Leader and Borrower, subject to the ptovisiom of Paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who eigrs Ibis Security instrument. but does not execute the Note: (a) is signing this Security Instrument only to mortMe, gram and 000vry that Borrower's Interest in the Property to Lender under the tans of this Security Instrument, (b) Is not personally liable on the Note or miler this Security Instrument, and (c) agrees that Lend" and any other Borrower may agree to extend, modify, fotbeu or maim any accommodations with regard to the terms of this Security Instrument or the Note wid wit that Borrower's consent. 14. Notice. Except for any Mice required under applicable law to be given in another manner: (a) any notice to Borrow" provided for In this Security fnshument shall be given by delivering It or by trailing such notice by ferret class mail addressed to the Ptophfy Address or to such other address as Borrower may designate by notice to Letda as provided herein. and (b) any coda to Lemla shall be given by that class mail to Lender's address stated herein or to such other address as leader may designate by notice to Borrower as provided herein. Any notice provided for in this Security Instrument shall be dearKd to have been given to Borrower or lender when given in the manner designated herein. 15. Governing [Ave; Severabfllty. The start: and local laws applicable to this Security Instrument thall be the laws of the jurisdiction in which the Property Is located. The foregoing semmce shall not limit the applicability of federal law to ibis Security In ttn mmt. In tine event that any provision or clause of this Security instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision, and to this end, the provisions of thin Security Instrument and The Note are declared to be severable. As need herein, 'coats,' 'expend' and 'attorneys' fees' include all stuns to the extent not prohibited by applicable law or limited herein. 16. Borrower's Copy. Borrower shall be famished a copy of the Note and of this Security Instrument at the time of execution at after. eeordatlon hereof. 17. Transfer of the Property or a Beneficial interest In Borrower. If all or any part of the Property or any interest In it is sold or transferred (or If a beneficial hardt In Borrower Is sold or transferred and Borrower is not a natural person) V 0111101 3 190 WO prior walmm consent. laud" may, u In Option, require Immediate payment in full of all soma secured by this Security Instrument. However, this option shell not be exerclad by !.ender it exercise is prohibited by federal Inv as of the date of this Security Instrument. If Linder exetchn this option, [.coder &hall give Borrower notice of acceleration. The notice shall provide s period of not less than 30 drys from the due the notice is delivered or raged within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these surer prior to the expirat ion of this period, trader may invoke my remedles permitted by this Seem* Instrument without further notice or demand on Borrower. 18. Aecelaatlon; Remedies. Except ur provided in Paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of Burrower to this Seeurlty�mstrumeat. Including the covenants to pay when due any sums secured by this Security Instrument, [ender prior to mcclerml shelf give notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the PENNSYLVANIA MOMAOE evxmn OrSglnaI - Record W=2-SPA e1o• e a r ff 866548 wt IM breach; (2) the uston required to cure such breach; (3) a date, not teas than 30 days from the date the ootiee is mailed to Borrower, by which such breach must be cured; and (4) that failure to cute such breach on or before the date specified In the notice may result in swelerstion of the sutra secured by this Security Inumrumn or foreclosure by judicial proceeding. The notice shall Naher inform Borrower of the right to reinsutc this Security Instrument after soeleration ad the right to bring a own action or to risen in the Judicial proceeding the onealstence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is of cured on or before the time specified in the notice. Leader, at Lender's option may declare all of the sums seemed by this Security Instrument to be immediately due and payable without f inher demand and may foreclose this Security Ituurommt by judicial proceeding and any other remedies permitted by applicable law. Lender shell be emitted to collect all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, court emu. and carat of documentary evidence, abstracts and title reports. even if the breach is caned prior to the completion of any foreclosure. Borrower agron that the imerest rate payable after judgment is entered on the Note, or In an salon of mortgage foreclosure, shall be the rate payable from time to time under the Note. 19. Borrower's Right to Refastste, Notwithstanding Leader's acceleration of the sums secured by this Security Instrument due to Borrower's broach, Borrower shall have the right to have any proceedings begot by leader to enforce this Security Inttrtient discontinued up to one hour prior to sale of the Property if: (a) Borrower pays tender all am which would be then due wider this Security Instrument and the Note bad no acceleration occurred; (b) Borrower cues all breaches of any other covenants or agreements of Bonower contained in this Security Instrument; (c) Borrower pays all reasonable attorneys' fees. trustees' fees and court sorts; and (d) Borrower takes such action as Lender may reasonably require to assts that the lien of this Security Inhuman, lender's interest in the Property and Borrower's obligation to pay the sums secured by this Security Instrument stall continue unimpaired. Upon such payment and cure by Borrower, this Security Inummead and the obligations secured hereby shall remain in full force and effect sec If no acceleration had occurred. Ws right to reinstate shall of apply, however, in the cam of acceleration purtuarn m Paragraph 17. 20. Assignment of Rents; Appointment of Receiver. As additional security heratnder. Borrower hereby assigns to Lender the tents of the Property, provided that Borrower sha8, Prior to acceleration order Paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents n they become due and payable. Upon acceleration under Paragraph 18 hercof or abandonment of the Property, Lander, in person, by agent or by Judicially appointed receiver, shall be emitted to enter upon, ulm possession of and manage the Property and to Dolton the team of the Property including Own peat due. All menu collected by Leader or the receiver shall be applied first to payment of the costs of management of the Property and collection of tents. Including, bat not limited to, receiver's fen, premiums on reodva's bonds and reasoable samaeya• fen, and then to the an secured by this Security Instrument. Leader std the receiver shall be liable to account only for those rents actually received. 21. Hazardous Substances. Borrower shall not rase or permit the presence. use, disposal, enrage, or release of any Hazardous Substances on or in the Property. Borrower shall of do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental law. The preceding two sawcum shalt act apply to the presence. use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate for normal residential am and for maintenance of the Property. Borrower shall promptly give leader written notice of any investigation, claim, demand, lawsuit or other action by any govemmenal cur regulatory agency or private Party Involving the Property and any Hazardous Substance or . Pnvlmnmmtai Law of which Borrower has actual knowledge. If Borrower teams, or is notified by any governmental or regulatory authority. that any removal or other ramedlation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take ail necessary remedial anions In accordance with Environmental Law. As used In this Paragraph 21. 'Hazardous Subsuaon• are those substances defined as toxic or hazardous substances by Environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pestickta and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioxtive msteriala. As used in this Paragraph 21, 'Pavironmrntal law' arcane federal laws and laws of the jilrisdictlon where the Property Is located that relate to health. safety or environmental protection. BooKIMSPAce .913 Ptsusanvarsu atoaroAOa mew original �- accord seoa -s PA n.s. e w r t 22. Release. Upon payment of all sums secured by this Security Instrument, Lander shall release the Security Instrument. Borrower shall pay arty release fees and costs of rccordadon unless applicable low provides otherwise. 23. 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 Instrulment shell be o purchase money mortgage. Adjustable Rate Mortgage Loan Rider attached hereto and incorporated herein by this reference. BY SIONINO BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. �;,,,a /i'i "'� (Seat) (Seat) Donald M WI 46o'rexr Kathy M Wit era - Bonowcr (Seal) (SCSI) Atty at Law �smirarmr aortower roomy M. ANSTINE Certificate of Residence 1 John Maurer do hereby certify that the correct addr of the wit ess within-named Lender is 4660 Trindle Road Suite 1002, Shi remanstown, PA 17011 Witness my hand this 25th day of May 1999 L .f0 n Meurer Aaem of tAt ter COMMONWEALTH OF PENNSYLVANIA, Cumberland I County as- On this, the 25th day of May 1999 , before me. the undersigned officer, personally appeared Donald M. Hitters and Kathy M. Hitters known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged that they executed the same for the purposes herein contained. IN WrrNBSS WHEREOF, I hereunto act my hand and official seal. My Commission Expires: of om «r Noladal Seal Karon L. Burch. Notary H,69a Nampden Twp., Cumbonand County My Commissw Erolres Nov- 2s. 2001 'i-, �,.. (i �` n•' MKMW. FengtNanta Assa of NotaAm PIRMYLVANIA MORTGAGE te7on original - Record M002 -7PA •w• 7 " soo¢iNSPACl: A4 Schedule "A" ALL THAT CERTAIN lot of land situate In the Borough of Wonmlaysburg, County of Cumbodand and Slate of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Poplar Street on the line running through the eonter of the partition watt between properties Nos. 6 and 8 Poplar Street, said point Doing ninety -nfno end thirty -two one- hundredth3 (99.32) feet measured westwardly along the northern line of Poplar Street from the northwest comer of Poplar street and Front Street: thence In a northornly direction through the center of said partition wall and beyond one hundred sbdoen (116) foot to property now or late of William F..Martin: thence in a wastat(y direction along said property now or late of William F. Martin seventeen and sixty -three one - hundredths (17,63) feet to a point at a comer of lands of Charles D. Brown, Doing property No. 10 Poplar street; thence In a southerly direction along the line of said last mentioned property and through the canter of the partition wall between properties Nos. 8 and 10 Poplar Street one hundred sbdeun (116) feet to Poplar Street; thence In an easterly direction along the northern line of Poplar Street seventeen and sbdy-lbree ono - hundredths (17.63) feet to the point or place of Beginning. HAVING THEREON erected a three story frame dwelling house known as No. 8 Poplar Street, Wormleysburg, Pennsylvania; SUBJECT to all easements, rights-or-way. restrictions and covenants of record. 1 .2cod548 ra .815 Loan NO.W ADJUSTABLE RATE RIDER (LIBOR 6 Month Libor index— Ratecaps) THIS ADJUSTABLE RATE RIDER is made this 25th day of May 1999 , and is incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust or Security Deed (the 'Security Instrument') of the same due given by the undersigned (the 'Borrower ") to secure Borrower's Note (the "Note') to THS Mortgage Inc., dba The Money Store ([be'Lader ") of the same due and covering the property described in the Security Instrument and located at: 8 Poplar Street, Wormleysburg, PA 17043 lay Add-1 THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BPgROWEWS INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MINIMUM AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial Interest rate of 10.250 %, The Note provides for changes in the interest rue and the monthly payments, as follows: 4. BVTERW RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate 1 will lay may change on the 1St day of JUne, 2003 and on the 1St day of every 6th month(s) thereafter. Each date on which my interest rate could change Is called a "Change Date.' (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 Month Libor U.S. dollar - denominated deposits in the London market based on quotations of major banks, as published by 7He Wall Street Journal. The most recent index figure available as of the 201h day of the calendar month Immediately preceding each Change Date is called the 'Current Index." If the Index is no longer available, or is no longer published by The Wall Sneer Journal, the Note Holder will choose a new index or source of index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX and 2/5 percentage points ( 6.400 9e) to the Current Index. The Note Holder will then round the result of this addition up to the nearest one-eighth of one percentage point (0.12590). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new Interest rate until the next Change Date. MULTISTATE ADJUSTABLE RATE RIDER tsaha Original - Record 1610116011 "'� ow"t0r2 goon 35�R racE x816 The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 13.250 % or leas than 10.250 %. 71tereafier, my Imesest rate will never be increased or dacreased on say single Change Date by more than One percentage point($) ( 1.000 %) from the rate of interest 1 have been paying for the preceding Si X inonth(s), My interest rate will never be greater than 16.250 %, or less than 10.250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date unit] the amount of my monthly payment changes son. i70 Notice of Changes The Note Holder will deliver or mail to me a notice of any changes to my interest rate and the amount of my monthly payment before the effective date of any payment change. 71re notice will Include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Adjustable Rate Rider. Atty at Law Donald M Wittere - Borrower TIMOTHY M. ANS71NE &p4 z;w. ld ,9�� (Seal) Katy M Wi tars -Bares (Seat) -Bones r (Seal) -Borrower ; "» ; state of Punnst•Ivanle t Coc:nty of CumbcdandJ 88 r;G,• ttenr l4►�ilra «ire:- r.:A:r,l °;, r «F n • =rjr ;p> i- �r� {';• ' '1 liecnr {{f -d 1911 cIfice for the recording of 0eads ectderlendCounty,�ci ••isi�l:a�'•rira •,'. in Ito Vol _P 77SS ledur c r .y hanresl 1010 Carlisle. PA 06 dot Y 8..� cord MULTISTATE ADJUSTABLE RATE RIDER aa,c* Original - Record 114006112 ha. 2v a soilA548fACE AV ADJUSTABLE RATE NOTE (LIBOR 6 Month Libor Index - -Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MINIMUM AND THE MAXIMUM RATE I MUST PAY. May '25,. 1999 Date 8 Poplar Street, Wormleysburg, PA 17043 Property Address 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay Fi fty- Four Thousand, Ei ght Hundred Dollars (U.S. $ 54,800.00 ) (this amount will be called "principal "), plus interest, to the order of the Lender. The Lender is TMS Mortgage Inc., dba The Money Store I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST I will pay interest at an annual rate of 10.250 % Interest will be charged on unpaid principal beginning on June 1, 1999. , and will continue until the full amount of principal has been paid. The interest rate I will pay may change in accordance with Section 4 of this Note. Interest shall continue to accrue at the interest rate required by this Section 2 and Section 4 of this Note after the maturity or default of this loan. 3. PAYMENTS (A) Amount of My Initial Monthly Payments I will pay principal and interest by making payments each month ( "monthly payments "). My initial monthly payment will be in the sum of U.S. $ 491.06 This amount may change. (B) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. (C) Time; Place and Application of Payments I will make my monthly payments on the Fi rst day of each month beginning on July 1, 1999 I will make monthly payments every month until I have paid all of the principal and interest and any other fees or charges, described below, that I may owe under this Note. If, on June 1, 2029 , any sum still remains unpaid, I will pay what I owe in full on that date. All monthly payments received by Note. Holder shall ' be applied first to accrued interest and the remainder, if any, to the principal. If I owe the Note Holder any late charges, or other fees or charges ('other charges "), they will be payable upon demand of the Note Holder. Unless prohibited by law, the application of payments may be affected*by the imposition of other charges. Therefore, payments of other charges, whether paid to the Note Holder in addition to the monthly payment or separately, will be applied in a manner at the absolute discretion of the Note Holder, subject to applicable law. I will make my monthly payments at P.O. Box 1058, Newark, NJ 07101 -1058 or at a different address if required by the Note Holder. PENNSYLVANIA ADJUSTABLE RATE NOTE (8702) Original - File M005 -IPA Page 1 of 4 IIIIIIiIIIIIIIIIIIIII lIIIIIIIIIIIIIIIIIIIIIIIIIII 1' • 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1St day of June, 2003 and on the 1St day of every 6th month(s) thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 Month L1 bor U.S. dollar- denominated deposits in the London market based on quotations of major banks, as published by The Wall Street Journal. The most recent Index figure available as of the 20th day of the calendar month immediately preceding each Change Date is called the "Current Index." If the Index is no longer available, or is no longer published by The Wall Street Journal, the Note Holder will choose a new index or source of index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Six and 2/5 percentage points ( 6.400 %) to the Current Index. The Note Holder will then round the result of this addition up to the nearest one - eighth of one percentage point (0.125 %). Subject to the limits stated in Section . 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 13.250 % or less than 10.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One percentage point(s) ( 1.000 %) from the rate of interest I have been paying for the preceding Six month(s). My interest rate will never be greater than 16.250 %, or less than 10.250 %. '(E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of•my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any payment change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any of my monthly payments by the end of 15 calendar days after the date it is due, I will promptly pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my full monthly payment. I will pay this late charge only once on any late monthly payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back for all of its costs and expenses to the extent -not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees, foreclosure fees and court costs. PENNSYLVANIA ADJUSTABLE RATE NOTE t97o2! Original - File M005 -2PA Page 2 of 4 . Y (F) Check Collection Charges If I present the Note Holder with a check, negotiable order of withdrawal, share draft or other instrument in payment that is returned or dishonored for any reason, I will pay a check collection charge to the Note Holder. The amount of the charge will not be greater than U.S. $ 15.00 6. THIS NOTE SECURED BY A SECURITY INSTRUMENT In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument "), on real property (the "Property ") described in the Security Instrument and dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. The Security Instrument describes how and under what conditions I may also be required to make immediate payment in full of all amounts I owe under this Note. I agree to these conditions. Some of these conditions are as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 7. BORROWER'S PAYMENTS BEFORE THEY ARE DUE Subject to the application of payments described in Section 3(C), I have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." If I make a partial prepayment equal to one or more of my monthly payments, my due date may be advanced no more than one month. If I make any other partial prepayment, I must still make each later payment as it becomes due and in the same r amount. I may make a full or partial prepayment at any time. However, if within the first 60 months from the date of this loan I make any prepayment(s) within any 12 -month period whose total amount exceeds 20% of the original principal amount of this loan, I will pay a prepayment charge equal to six months' interest on the amount by which the total of my prepayment(s) within that 12 -month period exceeds 20% of the original•,principal amount of this loan. S. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as "presentment "); (B) to give notice that amounts due have not been paid (known as "notice of dishonor "); (C) to obtain an official certification of nonpayment (known as "protest "). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note, or who signs this Note to transfer it to someone else, also waives these rights. These persons are known as "guarantors," "sureties" and "endorsers." 9. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail addressed to me at the Property Address described in the Security Instrument. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(C). A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 10. RESPONSIBILITY OF PERSONS. UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 8 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that any onp of us may be required to pay all of the amounts owed under this Note. Any PENNSYLVANIA ADJUSTABLE RATE NOTE c97021 Original - File M005 -313A Page 3 of 4 person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Section :8 above) is also obligated to keep all of the promises made in this Note. This Note is intended by Lender and me as a complete and exclusive statement of its terms, there being no conditions to the enforceability of this Note. This Note may not be supplemented or modified except in a writing signed by me and the Note Holder. This Note benefits Lender, i its successors and assigns, and binds me and my heirs, personal representatives and assigns. 11. APPLICABLE LAW This Note shall be governed by the laws of the State of Pennsylvania. If a law which applies to this loan and sets I maximum loan charges is finally interpreted so that the interest and other charges collected or to be collected in connection with this loan exceed the permitted limits, then: (A) any such interest or other charge shall be reduced by the amount necessary to reduce the interest or other charge to the permitted limit; and (B) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this, refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 12. BORROWER'S COPY I hereby acknowledge receipt of a filled -in copy of this Note. (Seal) (Seal) Donald M Witters - Borrower Kathy M . fitters - Borrower (Seal) (Seal) Atty at Law der - Borrower TIMOTHY M. ANSTINF. (Sign Original Note Only) Pay to the order of: without recoarse, MorEgU fty 9 no. TMS Mortg ge Inc., Ra The Money Store By Bran h Manager John Maurer PENNSYLVANIA ADJUSTABLE RATE NOTE )9702) original - File M005 -4PA Page 4 of 4 NOTE ALLONGE THIS ENDORSEMENT IS INCORPORATED INTO AND SHALL BE DEEMED, PART OF THE NOTE TO WHICH IT IS ATTACHED. i I Borrower 1: DONALD WITTERS Borrower 2: KATHY WITTERS Date of Loan: 5/25/1999 Loan Amount: $54800 (Loan amount is truncated) Property Address: 8 POPLAR ST I City, State, Zip: WORMLEYSBUR, PA 17043 i Pay to the order of.• i Without recourse MorEquity, Inc j i U ny W. Gardner Vice President i i I ' Nationstar Mortgage, LLC PRESORT PO Sox 9095 First -Class Mail Temecula, CA 92589 -9095 U.S. Postage and Fees Paid; WSO i 7196 9006.9297 0665 8167 Send Payments to: NationslarMortgage RETURN RECEIPT REQUESTED 350 Highland Drive j Lewisville, TX 750674177 20131118 -160 Jill I'll 1 1111 111 1 1 1 1 114 11111 Jill III JI(III III] Jill 111111111111111 KATHY M W ITTERS 8 POPLAR ST WORMLEYSBURG, PA 17043 -1354 i I i i I i j PA • .I I i � I )0 1 Sent Via Certified Mail 7196 9006 9297 0665 8167 11/18/2013 ACT 91 NOTICE T A JKv ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached Papes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your Cwnty are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll -free at 1 -800 -342 -2397. (Persons with impaired hearing can call (717) 780- 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOT:IFICAC16N EN ADJUNTO ES DE SUMA :IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTLNUAR VIVI.ENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SE:R ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLA:MADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECH.O A :REDIiMIR SU HIPOTECA. PA N01 page 2of7 7196 9006 9297 0665 8167 HOMEOWNER'S NAME(S): DONALD M WITTERS KATHY M WITTERS PROPERTY ADDRESS: 8 POPLAR ST WORMLEYSBUR, PA 17043 LOAN ACCT. NO.: AM ORIGINAL LENDER: TMS MORTGAGE INC. DBA THE MONEY STORE CURRENT LENDER/SERVICER: Nationstar Mortgage, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR ROME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you. are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit Counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling aocricies listed at the end of this Notice., the lender may — NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your tender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA. and received within thirty (30) days of your face -to -face meeting with the counseling agency. C, C, YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HA PEA MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. PA N01 Page 3 of 7 7196 9006 9297 0665 8167 YOU HAVE THE RIGHT TO FILE A HEAIAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER .FROM STARTING A FORECLOSURE ACTION BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANI` TIME BEFORE A SHERIFFS SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available fitnds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to snake a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you. if you have met the tim.c requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at. 8 POPLAR ST WO.RMLEYSBUR, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT :MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Next Payment Due Date: 09/01/2013 Total Monthly Payments Due: $1,359.18 Late Charges: $69.96 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance Balance: $119.15 Unapplied Balance: $lj 8.60) TOTAL AMOUNT PAST DUE: $1,529.69 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHIC:II IS $1,529.69 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: Nationstar Mortgage, LLC 350 Highland Drive Lewisville, TX 75067 -4177 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender Intends to exercise Its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made witbin THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property R IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins PA_NUl Page 4 of 7 7196 9006 9297 0665 8167 , a legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If von cure the default within the THIRTY (30) DAY period, von will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The Lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by _gy ng_the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in wri.tinj�, by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale.' Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Nationstar Mortgage, LLC Address: 350 Highland Drive Lewisville, TX 75067 -4177 Phone Number: 1-888 -480 -2432 Fax Number: 1- 972 -315 -6827 Contact Person: Joseph Brookshire E -Mail Address: customer .service(a?nationstarmaii.com EFFECT OF SHERIFF'S SALE - You should. realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF . MORTGAGE - You X may or ____ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied YOU MAY ALSO HAVE THE RIGHT: • TO SELL TI:I:E :PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT. OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS .DEBT. • TO HAVE THIS DEFAULT CURED BY ANY TI41RD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS :RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) PA N01 page 5 of 7196 9006 9297 0665 8167 • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY 14AVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN RELOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.C` 1692(8), you may dispute the validity of this debt., or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, Joseph Brookshire Dedicated Loan Specialist Nationstar Mortgage, LLC 1-8774485018 ext, 1016884 350 Highland Drive Lewisville, TX 75067-4177 FEDERAL LAW REQUIRES US TO ADVISE YOU THAT NATIONSTAR MORTGAGE, LLC IS A DEBT COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAYBE USED :FOR THAT PURPOSE. TO THE EXTENT YOUR OBLIGATION I-LAS BEEN DISCHARGED OR IS SUBJECT TO THE AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE ADEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT AN INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY, PLEASE PROVIDE US WITH THE ATTORNEY'S NAME., ADDRESS AND TELEPHONE NUMBER. PA N01 Page 6 of 7 7196 9006 9297 0665 8167 Y HEMAP Consumer. Credit Counseling Agencies CUMBERLAND. County Repon last updated :10/16/2013.10:43 AM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown .Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA. 17104 888 -511 -2227 71.7 - 232 -9757 Housing Alliance. of YorkfY. Housing Resources Maranatba 290 West Market Street 43 Philadelphia Avenue York', PA 17401. Waynesboro,PA 1.7268 717 - 855 -2752 717 - 762 -3285 PathStone Corporation PathStone Corporation 1625. North. Front St 450 Cleveland Ave Harrisburg,. PA. 17102 Chambersburg, PA. 1.7201 717- 234 - 6616 717 -264 -5913 PA Interfaith Community Programs .Inc P.HFA 40 E High Street 211. North Front Street Gettysburg,. PA. 17325 H.anisburg,..PA .1.7110 71.7- 334 -1518 71.7- 780 -3940. 800 - 342 -2397 HC Page 7of? 7196 9006 9297 0665 8167 Nationstar Mortgage, LLC PRESORT PO Box 9095 First -Class Mail Temecula, CA 92589 -9095 U.S. Postage and Fees Paid WSO 7196 9006 9297 0665 8150 Send Payments to: NationstarMortgage RETURN RECEIPT REQUESTED 350 Highland Drive Lewisville, TX 75067 -4177 20131118 -160 Il��ln�llll�rli�rl����irI Bill 111 llilil loll I1111i111i DONALD M W ITTERS 8 POPLAR ST WORMLEYSBURG, PA 17043 -1354 PA — N01 Sent Via Certified Mail 7196 9006 92 0665 8150 11/18/2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling_ Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll -free at 1 -800 -342 -2397. (Persons with impaired hearing can call (717) 780- 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAa6N EN ADJUNTO ES DE SUMI A IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTLYUAR VIVIENDO EN SU CASA. SI NO COMPRENDE .EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO AFRRIBA. PUEDE SE:R ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" :EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA 'DEL DERECHO A REDIMIR SU HIPOTECA. PA N01 page 2of7 ?196 9006 9297 0665 8150 HOMEOWNER'S NAME(S): DONALD M WITTERS KATHY WITTERS PROPERTY ADDRESS: 8 POPLAR ST WORMLEYSBUR, PA 17043 LOAN ACCT. NO.- ORIGINAL LENDER: TMS MORTGAGE INC. DBA THE MONEY STORE CURRENT LENDER/SERVICER; Nationstar Mortgage, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you. are entitled to a temporary stay of foreclosure on your mortgage for thirty ( )0) days from the date of ibis Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS - NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS 14OW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling; agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have C, applications for the program, and they will assist you in subinitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting, with the counseling agency. t, C� YOU SHOULD FILE A HE41AP APPLICATION AS SOON AS POSSIBLE. IF YOU HA AMEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLIC,4T/0,N WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, I'\' THE SECTION CALLED "TEilIPORARY STAY OF FORECLOSURE " PA NO] page 3 of 7 7196 9006 9297 0665 8150 4 � YOU HAVE THE RIGHT TO FILE A HEttIAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACT10jN, BUT IF YOUR APPLICATION .IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you. if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 8 POPLAR ST WORMLEYSBUR, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT :MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Next Payment Due Date: 09/01/2013 Total Monthly Payments Due: $ 1,359.18 Late Charges: $69.96 Other Charges: Uncollected NSF Fees: $0.00 Other Fees: $0.00 Corporate Advance Balance: $1.19.15 Unappiied Balance: $1( 8.60) TOTAL AMOUNT PAST DUE: $1,529.69 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,529,69 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: Nationstar Mortgage, LLC 350 Hi Drive Lewisville, TX 75067 -4177 IF YOU DO NOT CURIE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise Its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will. be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY" (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property n 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 ease to its attorneys, but you cure the delinquency before the lender begins PA NOT page 4of7 7196 9006. 9297 0665 8150 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. If von cure the default within the THIRTY (30) DAY period, you will not be required to pav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for. the unpaid principal balance and all other sutras due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CON'T'ACT THE LENDER: Name of Lender: Nationstar Mortgage, LLC Address: 350 Highland Drive Lewisville, TX 75067 -4177 Phone Number: 1- 888 -480 -2432 Fax Number: 1- 972 -315 -6827 Contact Person: Joseph Brookshire E -Mail Address: customer.service(u nationstarmaihcom EFFECT OF SHERIFF'S SALE - You should. realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF . MORTGAGEE - You X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS .DEBT. • TO :IIAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS :RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) PA NO] page _ of7 7196 9006 9297 0665 6150 • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE :LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(8), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, Joseph Brookshire Dedicated Loan Specialist Nationstar Mort- g age, LLC 1-8774485018 ext. 1016884 350 Highland Drive Lewisville, TX 75067-4177 FEDERAL LAW REQUIRES US TO ADVISE YOU THAT NATIONSTAR MORTGAGE, LLC IS A DEBT COLLECTOR AND THAT TI-118 IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. TO THE EXTENT YOUR OBLIGATION I-LAS BEEN DISC14ARGED OR IS SUBJECT TO THE AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE ADEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT AN INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY, PLEASE PROVIDE US WITH THE ATTORNEY'S NAME, ADDRESS AND TELEPHONE NUMBER. PA N01 page 6 of 7 7196 9006 9297 0665 8150 HEMAP Consumer. Credit. Counseling Agencies. CUMBERLAND. County Report last updatcd:.10/ 16/24 1310:43 AM Advantage Credit. Counseling Service /CCCS. of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA. 17104 888 -51.1 -2227 717 -232 -9757 Housing Alliance. of York/Y. Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401. Waynesboro, PA 17268 717 -855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 Nonh..Front St 450 Cleveland. Ave Harrisburg, PA 17102 Chambersburg, PA. 1.7201 717 -234 -6616 717- 264 -5913 PA Interfaith Community Programs .Inc P.HFA 40 E High Street 211. North. Front Street Gettysburg,. PA. 17 325 Harrisburg,..PA .1.7110 717- 334 -1518 71.7- 780 - 3940....800 -342 -2397 HC Page 7of7 7196 9006 9297 0665 8150 VERIFICATION O livia McAdams hereby states that he /she is Assistant S ecretary of Nationstar Mortgage LLC, servicing agent for Plaintiff, in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 1 Name: - "Olivia McAdams DATE: ?i / - Title: Assistant Secretary Company: Nationstar Mortgage LLC S & D FILE NO: 13- 044797 Donald M. Witters and Kathy M. Witters FORM 1 IN THE COURT OF COMMON PLEAS OF ~ MorEquity, Inc. CUMBERLAND COUNTY, �. PENNSYLVANIA Plaintiff(s) CO VS. Donald M. Witters 8 Poplar Street Wormleysburg, PA 17043 s Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 DEFENDANTS I Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. :First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: SHAPIRO & DeNARDO, LLC Date F Attorneys for Plaintif CAITLIN M. DONNELLY, SQUIRE L +I j FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? C O-BOR R OWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? FIN ANCIAL •' • First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the Loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney Assets Amount Owed Value Home: $ $. Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount Owed: Value: Monthly Income: Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortage Food 2 Id Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. Payment Install. Loan Payment Cable TV Child Sup ort/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH ORIZATIO N I /We, , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating in financial situation for possible mortgage options. I /We understand that I /We am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) NV Listing agreement (if property is currently on the market) r ) FORM 3 IN THE COURT OF COMMON PLEAS OF MorEquity, Inc. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. : Donald M. Witters 8 Poplar Street Wormleysburg, PA 17043 Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 DEFENDANTS Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date i 2 FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court - supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff , ;SL... ,'. , 14,.'.41 ... L,O.� �' i art�t6�rfrr.9 d Jody S Smith i i 2: 4 s Chief Deputy Richard W Stewart CUMBERLAND LOUT i i. Solicitor F' a , � !F PENNSYLVANIA MorEquity, Inc. vs. Donald M Witters (et al.) Case Number SHERIFF'S RETURN OF SERVICE 02/18/2014 07:43 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Kathy M. Witters, Owner and Occupant at 8 Poplar Street,Wormleysburg Bor ugh, Wormleysburg, PA 17043. /4-3/ BRIAN GR =0 , r.� TY 02/18/2014 07:43 PM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Kathy M Witters at 8 POPLAR STREET, Wormleysburg Borough, WO£NGO BURG, PA 17043. ,e— TTY 03/07/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Donald M Witters, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 8 Poplar Street, Wormleysburg Borough, Wormleysburg, PA 17043. Defendant does not reside at this address and to this date the Wormleysburg Postmaster was unable to provide a good address for the defendant. SHERIFF COST: $78.08 SO ANSWERS, March 07, 2014 RONNK ANDERSON, SHERIFF SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044797 MorEquity, Inc. PLAINTIFF VS. Donald M. Witters and Kathy M. Witters DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 14-678 Civil PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. Date: tt,'4 BY: SHAPIRO & DeNARDO, LLC Attorneys for Plaintiff '"? SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044797 MorEquity, Inc. COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 14-678 Civil Donald M. Witters and Kathy M. Witters DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on 3 \n--c(L( to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Donald M. Witters 8 Poplar Street Wormleysburg, PA 17043 Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 Date: BY: SHAPIRO & DeNARDO, LLC Attorneys for Plaintiff