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14-1749
Supreme Col T Pennsylvania COu of :Co�mmo leas For Prothonotary Use Only: " C Teti 7 i� C:over�Sheet f S Docket No: T Cu erland' r County The irrfornnalion collected on this form is used solely for court administration purposes. This fibrin does not supplement or replace the and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S Ix; Complaint [I Writ of Summons F1 Petition Transfer from Another Jurisdiction L❑' Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Deutsche Bank National Trust Company, et al Betty J. Baker T X Dollar Amount Requested: ❑ -' within arbitration limits I Are money damages requested? El Yes El No (check one) El outside arbitration limits O N Is this a Class Action Suit? 0 Yes CE No Is this an MDJAppeal? (3 Yes E No A Name of Plaintiff /Appellant's ARerney: KA T-wy- Ereedman E' Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS F11 Intentional I.1 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card C Board of Assessment E] Motor Vehicle E] Debt Collection: Other Board of Elections F1 Nuisance C Dept. of Transportation MD � Premises Liability I_] Statutory Appeal: Other S Product Liability (does not include E mass tort) ff ._1 Employment Dispute: �..�' Slander/Libel/ Defamation Discrimination C ❑ Other: J Employment Dispute: Other L ii Zoning Board � Other: , I ® Other: O MASS TORT M Asbestos N 0 Tobacco Toxic Tort - DES E] Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS I_1 Toxic Waste [l Other: 0 Ejectment E] Common Law /Statutory Arbitration B i. Eminent Domain /Condemnation 0 Declaratory Judgment - =1 Ground Rent E'a Mandamus El Landlord /Tenant Dispute I] Non- Domestic Relations ix; Mortgage Foreclosure: Residential _ Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure: Commercial Quo Warranto I: Dental 0 Partition El Replevin CI Legal {J Quiet Title Other: i`.1 Medical Other: ❑i Other Professional: Updated 1/1/2011 STEVEN K. EISENBERG, ESQUIRE (75736), M. TROY FREEDMAN, ESQUIRE (85165) ;' f 4'r; w LESLIE J. RASE, ESQUIRE(58365) CHRISTINA C. VIOLA., ESQUIRE (308909) 20 f !I f'fAr 25 I f ; 02 ANDREW J. MARLEY, ESQUIRE (312314) STERN & EISENBERG; PC CCMBE - RLA #U C0UN T Y 1.5 81 MAIN STREET, SUITE 200 PE�t sY TEi.E SHOPS AT VALLEY SQUARE WARRINGTON, PA 18976 TELEPHONE: (215) 572 -811.1 FACSIMILE (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, Civil Action Number: in trust for registered holders ofABFC 2005 -AQ1 Trust, Asset - Backed Certificates, Series 2005 -AQ1, by its servicer Ocwen Loan Servicing, LLC 1661 Worthington Road Complaint in Mortgage Forecl.os Suite 100 West Palm Beach, FL 33409 (,� C lu ( T (Plaintiff) 41LI- I V. Betty J Baker 507 Ohio Ave Lemoyne, PA 17043 -1737 ( CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil. Action. or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIN la /63, t 5d a C OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 1.7013 (800) 990 -9108 STEVEN K. EISENBERq ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J..MARLEY, ESQUIRE (312314) STERN & EISENBERQ PC 1581 MAIN STREET, SUITE 200 Ti-IE SHOPS AT VALLEY SQUARE WARRINGTON, PA 18976 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, Civil. Action Number: in trust for registered holders ofABFC 2005 -AQI. Trust, Asset - Backed Certificates, Series 2005 -AQ1, by its servicer Ocwen Loan Servicing, LLC 1661 Worthington Road Complaint in Mortgage Foreclosure Suite 100 West Palm Beach, FL 33409 (Plaintiff) V. Betty J Baker 507 Ohio Ave Lemoyne, PA 17043 -1737 (Defendant( CIVIL ACTION — MORTGAGE FORECLOSURE NOTICE _ AVISO You have been sued in court. If you wish to defend Le han demandado a usted en la corte. Si usted against the claims set forth in the following pages, quiere defenderse de estas demandas expuestas en las you must take action within twenty (20) days after paginas siguientes, usted tiene veinte (20) dias de this complaint and notice are served by entering a plazo al partir de la fecha de la demanda y la written appearance personally or by attorney and notificacion. Haee falta asentar una comparencia filing in. writing with the court your defenses or escrita o en persona o con un abogado y entregar a la objections to the claims set forth against you. You corte en forma escrita sus defenses o sus objeciones a are warned that if you fail to do so the case may las demandas en contra de su persona. Sea avisado proceed without you and a judgment may be entered que si usted no se defiende, la corte tomara medidas against you by the court without further notice for y puede continuar la demanda en contra suya sin . any money claimed in the complaint or for any other previo aviso o notificacion. Ademas, la corte puede cla or r r equested by the plaintiff. Y ou may decidir a favor del demandante y requiere que usted lose money or property or other rights important to cumpla con todas las provisioner de esta demanda. you. Usted puede perder dinero o sus propiedades u otros dereehos importantes para. usted. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A Lleva esta demanda a un abogado inmediatamente. LAWYER, OR CANNOT AFFORD ONE, GO TO Si no tiene abogado o si no tiene el dinero suficiente OR TELEPHONE THE OFFICE SET FORTH de pagar tal servicio, vaya en persona o flame por BELOW TO FIND OUT WHERE YOU CAN GET telefono a la oficina cuya direccion se encuentra LEGAL HELP. THIS OFFICE CAN PROVIDE escrita abajo para averiguar donde se puede YOU WITH INFORMATION ABOUT HIRING A conseguir asistencia legal. LAWYER.. IF YOU CANNOTAFFORD TO HIRER. LAWYER, THIS OFFICE MAYBEABLE TO PROVIDE YOU WITHINFORIKATIONABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA REDUCED FEE OR NO FEE. Lawyer Referral and Information Service (Asociacion. de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association Lawyer Referral. Service 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE (OR OTHER SECURED OBLIGATION) AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY (SECURED PROPERTY). STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY, ESQUIRE (312314) STERN & EISENBERQ PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON, PA 18976 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, Civil. Action Number: in trust for registered holders of ABFC 2005 -AQ 1 Trust, Asset- Backed Certificates, Series 2005 -AQ1, by its servicer Ocwen Loan Servicing, LLC 1661 Worthington Road Complaint in Mortgage Foreclosure Suite 100 West Palm Beach, FL 33409 (Plaintiff) V. Betty J Baker 507 Ohio Ave Lemoyne, PA 17043 -1737 (Defendant( COMPLAINT CIVIL ACTION — MORTGAGE FORECLOSURE 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005 -AQI Trust, Asset- Backed Certificates, Series 2005 -AQ1, by its servicer Ocwen Loan Servicing, LLC (hereinafter referred to as "Deutsche Bank National Trust Company, as Trustee ") with offices located at 1661 Worthington. Road, Suite 100, West Palm Beach, FL 33409. 2. Defendant(s) is Betty J Baker, adult individual with a last - known address of 507 Ohio Ave, Lemoyne, PA 17043 -1737. 3. On 02/07/2005, Betty J Baker, executed and delivered to Ameriquest Mortgage Company a mortgage upon the property located at 954 Hummel Avenue, Lemoyne, PA 1.7043 (the "Property ") to secure the payment of the sum of $70,525.00. The said mortgage was recorded on 02/17/2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Book: 1897 & Page: 2296, and is incorporated herein by reference as though set forth at length herein. A true and accurate copy of said Mortgage is attached hereto, made a part hereof, and marked as Exhibit "A." 4. An Assignment transferring the mortgage originally with Ameriquest Mortgage Company (Originating Lender) is as follows: i. Assignment from Citi Residential Lending Inc., as Attorney -in -Fact for Ameriquest Mortgage Company to Deutsche Bank National Trust Company, as Trustee For, ABFC 2005 -AQ 1 Trust Asset - Backed Certificates Series 2005 -AQ1, under the Pooling and Servicing Agreement Dated June 1, 2005 was recorded on February 13, 2009, at Instrument: 200903955 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. ii. .Assignment from Deutsche Bank National Trust Company, as Trustee For, ABFC 2005 -AQI Trust Asset - Backed Certificates Series 2005 -AQ1, under the Pooling and Servicing Agreement Dated June 1, 2005 to Deutsche Bank National Trust Company, as Trustee For, ABFC 2005 -AQ 1 Trust Asset - Backed Certificates Series 2005 -AQI was recorded on July 6, 2010, at Instrument: 201017912 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 5. Betty J Baker is the real owner of the Property located at 954 Hummel Avenue, Lemoyne, PA 17043. 6. In accordance with Pennsylvania law, the required pre - foreclosure notice (under Act 91 /Act 6 as may be applicable), was sent to the defendant(s) and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto, made a part hereof, and marked. as Exhibit `B." 7. The said loan is in default as a result of the failure to pay the monthly installment of $585.09 due on June 1, 2013 and each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE: .................................................................. $77,843.43 INTEREST TO THE DATE OF 01/24/2014 ..............$1,137.39 (CURRENTLY A PER DIEM OF $4.32) ESCROW ADVANCES :.................................... ............................... $1,046.43 BPOS / APPRAISALS :........................................ ............................... $392.00 PROPERTY INSPECTION: .............................................................. $73.50 PROPERTY PRESERVATION: ........................................................ $495.00 TITLECOSTS: ...................................................... .......................... $300.00 OTHER FEES:(MISC FEES) ............................. ............................... $40.00 OTHER COSTS:(FCLS COST) ......................... ............................... $298.09 LATE CHARGES ACCRUED THRU 01/24/2014 OF: .................... $66.27 (LATE CHARGES AFTER 01/24/2014 SHALL ACCRUE AT THE MONTHLY RATE OF $22.09.) TOTALDUE :..................................................... ............................... $81,692.11 Attorney fees and costs are allowed in conformity with the mortgage documents and Pennsylvania law, and Plaintiff reserves the right to recover these amounts incurred, and to be incurred, in bringing and maintaining this action. WHEREFORE, Plaintiff, Deutsche Bank National Trust Company, as Trustee requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property in the sum of $81,692.11 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts that accrue, including but not limited to attorney fees and costs, over the course of the instant matter and for the foreclosure and sale of the mortgaged property. Respectfully S By: M. Freedman, Esq. Stern & Eisenberg, PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 Phone: (215) 572 -8111 Facsimile: (215) 572 -5025 Bar Number: 85165 (� treedman@sterneisenberg.com Date: Betty J Baker; 954 Hummel Avenue, Lemoyne, PA 1.7043 XXXXXX5330 VERIFICATION I, the undersigned, Lori Ann Dasch , of Ocwen Loan Servicing, LLC ( "Ocwen "), the duty authorized servicing agent for Deutsche Bank National Trust Company, as Trustee, in trust for registered holders ofABFC 2005 -AQ1 Trust, Asset - Backed Certificates, Series 2005 -AQ1, am authorized to make this verification. on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and/or based upon public record, this verification is based upon a review of the business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiffs behalf. In making this verification, I understand that it is a crime under 18 Pa.C.S. Section 4904 to make a written statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not believe to be true or which I ow e fals D✓ W e: Lori Ann Dasch Title Authorized Signer Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005 -AQ i. Trust, Asset - Backed Certificates, Series 2005 -AQ1, by its servicer Ocwen Loan. Servicing, LLC „ _ -, 1 i �:, t . Z- - El OF NEcD 7005 FEB 17 8M 1104 prepared By :Ameriquest Mortgage Company Annette Myers 150 Corporate Center Drive, Suite 102,Camp Hill, PA 17011 Return To: Ameriquest Mortgage Company P.O..Box 11507, Santa Ana, CA 92711 Parcel Number. 12 -22- 0824 -228 [Space Above This Line For Recording Datal MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument” means this document, which is dated February 7, 2005 , together with all Riders to this document. (B) "Borrower" is BET'T'Y J BAKER, a widow Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Ameriquest Mortgage Company PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 02/04/2005 1:29:38 0106491343 -5697 AM6PA (oaor) Pags 1 of is hRiau• VMP Mortgage SokAkx s. br- (WWI-rm 00000106481343030 01 EXHIBIT BK 1897PG2296 Lender is a Corporation organized and existing under the laws of Delaware Lender's address is 1100 Town and Country Road, Suite 200 Orange, CA 92868 Lender is the mortgagee under this Security Instrument. (D) "Nate" means the promissory note signed by Borrower and dated February 7, 2005 The Note states that Borrower owes Lender seventy thousand five hundred twenty —five and 00 /100 Dollars (U.S. S 70,525.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1, 2035 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (I) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider 0 Condominium Rider F Second Home Rider Balloon Rider 0 Planned Unit Development Rider F 1-4 Family Rider FI VA Rider 0 Biweekly Payment Rider Other(s) [specify] (Il) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non- appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are unposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (d) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tope so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. Initials: ,S AMSPA (own Page 2 d 16 /r Farm 3039 1101 0106491343 -5697 02/0412005 1:29:38 000001064913430301501702 8i(1897PG2297 (115) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. the Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 ofthis Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing ration, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any addition or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any patty that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]: Legal Description Attached Hereto and Made a Part Hereof. which currently has the address of 954 Hummel Avenue [strect] LQnoyne [City], Pennsylvania 17043 [Zip Code] ( "Property Address'): n AM6PA (o4o7i Page 30'16 Forth 3039 1101 02/04/2005 1:29:38 0106491343 -5697 010001064913430301501703 BK l 897PG2298 TOGE'T'HER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the " Property . 11 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property- UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instent be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money er, rum (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic - Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial pa ent insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2 Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be plied m the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (cc amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to gay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in Initials: AM6PA (xm) Payeaal Form 3039 1101 0106491343 -5697 02/04/2005 1:29:38 00000�osae� 43030116017oa oil BK 1897PG2299 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall. promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds. for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be AM6PA (0407) Papa 5 of 16 Form 3039 1 101 0106491343 -5697 02/04/2005 1:29:38 000001 064913430MI 5017DS Inv I 897PG2300 paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender sball promptly refund to Borrower any Funds held by Leader. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the mariner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -tune charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. AMSPA toama Pare 6 of 16 Form 3039 1101 0106491343 -5697 02/04/2005 1:29:38 �I 000001064913430301501706 8� t 897PG230 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrowers expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrowers equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lenders right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of; the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise ague in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lenders security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lenders satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress jpayments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or rair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be apFlred to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons die Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or rf Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrowers rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Now or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refimd of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights arc applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due._ 6. OccuRanccyy . Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender kiw AMOA (0407) Pow 7of is Form 3039 1101 0106491343 -5697 02/04/2005 1:29:38 00000tor�fataaso'solsono� � 1897PG2-302 Otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7, Preservation, Maintenance and Protection of the Property; Inspections.. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of; the Property, Borrower shall be responsible for rewiring or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, inisleadin or inaccurate information or statements to Lender (or failed to provide Lender with material information�in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b ) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights und er this Security Instrument (such as a proceeding in bankniptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, includuig protecting and/or assessing the value of the Property, and securing and/or repairing the Property Lender's actions can include, but are not limited to: (a) pa g any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (e) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board rig doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. uuais_�� ANl6PA p4o7) Pave e d i s Farm 3039 1101 0106491343 -5697 02/04/2005 1:29:38 000001084913430301501706 nvI897pc23o 1 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously m effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage hisurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender wi{l accept, use and retain these payments as a non - refundable lass reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid iii full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiumsr required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source m of funds that the mortgage may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. AM6PA (a4o7t Pegs s of is 7 // 99 Form 3039 1101 0106491343 -5697 02/04/2005 1:29:38 000001064913430301501709 UK 897PG2304 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an o to inspect such Property to ensure the work has been completed to Lender's satisfaction, provide that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous . Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial tatting, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or it after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and i ly the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by Security Inshument, whether or not then due. "Opposing Patty" means the third party that owes rower M iscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a rulingg that, in Lenders Judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. AM6PA (D407) Page 10 d 16 Form 3039 1 101 0106491343 -5697 02/04/2005 1:29:38 m2mmoll 000001064913430301501710 IOU 1897PG2305 All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time far payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time, for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co- signer'): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Prop riy under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the visions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights trum ts and benefits under this Security hisent. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the p e of protecting Lender's interest in the Property and rights under this Security Instrument, including, ut not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted llimit; and (b) any sums already collected from Borrower which exceeded Permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a parpal prepayment without any prepayment charge (whether or not a prepayment charge is provided for under fire Note). Borrower's acceptance of any such refimd made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security. Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless AMSPA pm7) � n 01 16 Form 3039 1/01 0106491343 - 5697 ® II 02/04/2005 1:29:38 �l o00oo1084913430301501711 B4 897PG2306 Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrowers charge of address. If Lender specifies a procedure for reporting Borrowers change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that an provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. M Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by. Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a p?nod of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property ppursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable in�ia4x AM6PA Iw7> Pape 12 a 16 Form 3039 1/01 0106491343 -5697 02/04/2005 1:29:38 000001064913430301501712 Un 897PG230 i attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lenders interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower ay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer`s check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time pe . od which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of.this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or .threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental AM6PA p4m) Pago 13 or 16 Form 3039 1101 0106491343 -6697 02/04/2005 1:29:38 , 000001064913430301501713 uR 1897PG2308 f Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property- The preceding two sentences shall not apply to the presence, use, or storage on the Properly of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environemental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (e) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Leader for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section IS unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrowees time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. kplialr� f- � AMSPA p4o7} Page U d 16 Form 3034 1101 0106491343 -5697 I 02104/2005 1:29:38 7 177 897PG2309 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it- Witnesses: �. (Seal) BE J R - Borrower (Seal) - Borrower (Seal) (Seal) - Borrower -Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower -Borrower AMBPA (o4an P 15 or 16 Form 3039 1101 02/04/2005 1:29:38 0106491343 -5697 00000�ooasisasaiolsm»s �� ` ouI897PG23-10 COMMONWEALTH OF PENNSYLVANIA County ss: r On this, th _ day_of before me, Day A ear the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. My Commission Expires: Nelrtrslr -- �. Kann L �Clt, NrRp7 �1�ic IYl�a,ei�lo�htpsvro,,ar�dt�► ' asrc�n�n�on�s�a�aoo6 IrYi�rr,Psi W) Title of Officer Certificate of Residence 1 �r�Q���/ �. ��, __ , do hereby certify that the correct J address of the within - named Mortgagee is S�/ C e j l"� 21 t! Witness my hand this � � day of 2O�iS Day mcintuftlitYTear Agent f Mortgagee 00000106481343030150171 400 -16PA (1004) Page 16 or 16 0106491343 - 5697 02!04120051:29:38 PM 8 � 897FG231-1 ' Conestoga Title insurance Company Commitment Number: 2005010185 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at the distance of 20 feet measured in an easterly direction from the line dividing Lots No. 16 and 17, Block "l= ", in the hereinafter mentioned Plan of Lots; thence in a southerly direction along lands of Raymond S. Zimmerman, 140.45 feet, more or less, to a 15 foot alley; thence in a westerly direction along said alley, 20 feet, more or less, to a point; thence in a northerly direction along the line running through the center of the partition wall of the double brick dwelling house erected in part on the herein described lot, 140.45 feet, more or less, to a point on the southerly line of Hummel Avenue; thence in an easterly direction along Hummel Avenue 20 feet, more or less, to a point, the place of BEGINNING. Parcel #12 -22- 0824 -228 t .111: =r'i i�lllC� COIUIty . aR. Recor of Deeds ALTA Commitment Schedule C (2005010185.PFD/2005010185/16) u I!B97PG23 1'2 STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON, PA 18976 TELEPHONE: (215) 572 -8111 FAcsuvuu: (215) 572 -5025 DATE: OCTOBER 7, 2013 COMBINED NOTICE UNDER ACT b and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342- 2397.(Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT HOMEOWNER'S NAME(S): BETTY J BAKER PROPERTY ADDRESS: 954 Ht7MMELAwNUE, LEMOYNE, PA 17043 MAILING ADDRESS: BETTY J BAKER 507 OHIO AVE, LEMOYNE, PA 17043 -1737 LOAN ACCT NO.: XXXXXX5330 ORIGINAL LENDER: AMERIQUEST MORTGAGE COMPANY CURRENT LENDER/SERVICER: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS OFABFC 2005 -AQI TRUST, ASSET - BACKED CERTIFICATES, SERIES 2005 -AQ1, BY ITS SERVICER OCWEN LOAN SERVICING LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face -to -face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PRE VENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 (Brim it up to date) NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 954 HuMNMLAvENuE, LEmoyNB, PA 17043 IS IN SERIOUS DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments from 06/01/2013 through and including October 2, 2013 as follows: Monthly Payments of $368.21 due on 06/01/2013 through and including 09/01/2013, in the amount of ................................................. ............................... $1,472.84 Monthly Payments of $368.21 due on 10/01/2013 through and including 10/01/2013, inthe amount of ................................................. ............................... $368.21 TOTAL OF PAYMENTS IN DEFAULT: ..................................................... $1,841.05 Other Charges (Explain/Itemize): Late Charges: .................. ............................... $66.27 Escrow Advances: ............................................ ............................... $1,046.43 OtherFees Due: ................................................ ............................... $823.00 LessSuspense: .................................................................................. $0.00 TOTAL OF OTHER CHARGES: ..................................................... $1,935.70 TOTALAMOUNT DUE: .................................................................................. $3,776.75 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,776.75 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005 -AQ1 Trust, Asset - Backed Certificates, Series 2005 -AQ1, . _ by its servicer Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: NAME OF LENDER: Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005 -AQ1 Trust, Asset - Backed Certificates, Series 2005 -AQ1 ADDRESS: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 PHONE NUMBER: (800) 446 -2936 FAX NUMBER: CONTACT PERSON: Ocwen Loan Servicing LLC EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN & E�S G, BY: Stem Eisenberg, PC VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. Comprehensive. Dousing Counseling Agencies Agencias de Consejo al Cliente para Vivienda Cumberland County *CCCS of Western PA - Fork 888.511.2227 / 888.511.2227 55 Clover Hill Road www.cccspa.org Dallastown PA 17313 Community Action Con - Capital Region 717.232.9757 1514 Derry St ww w. cactri county. org Harrisburg PA 17104 Harrisburg Fair.Ilousing Council 717.238.9540 2100N 6th St Harrisburg PA 17110 Housing & Redevelopment Authority - Cumberland Cnty 866.683.5907 / 717.249.0789 114 N Hanover St; STE 104 www.cehra.coni Carlisle PA 17013 Pathstone Corporation Pennsylvania 717.234.6616 1625 North Second St www.t Harrisburg PA 17102 Pennsylvania Interfaith Community Programs, Inc. 717.334.1518 40 E High St www.adamscha.org Gettysburg PA 17325 Report last updated: 4/30/2012 9:03:04 AM Prepare Date: October 2, 2013 I NOTE: NOTE: Many of the agencies offer workshops at various location sites; call to find a location near you. U.S. POSTAGE, >PITNEYBOWES Name and STERN & EISENBERG Address 04 1581 Main Street, Suite 200 i Q2 18 $ 001 .260 of Sender Warrington, PA 18976 0001371685OCT 07 2013 Line Article Postage Fee Number 1 * * ** BETTY J BAKER 954 HUMMEL AVENUE, U.S. Postal Service'r. LEMOYNE PA 17043 CERTIFIED MAIL R ECEIPT 2 * * ** BETTY JBAKER ( Domestic O nly; 507 OHIO AVE, co LEMOYNE, PA 17043 - 1737 Lr a g For delivery Information visit our „ U M Er Postage $ 4 * * ** C3 Certified Fee C3 Postmark * * * * Return Receipt Fee Here 5 C (Endorsement Required) O - ' Restricted Delivery Fee 6 PHFA r3 (Endorsement Required) Er PO BOX 8029 a t= � Total Postage &Fees ✓4 HARRISBURG, PA 17105 - 8029 7 * * ** m Sent To •4 --------- - - - - -• BE TTY J BAKER ---- • - - - - -- C3 Strset, Apt. No.; 8 * * ** N or PO Box No. 507 OHIO AVE, �" "w ti City State, ZIP +4 -- °........ .... LEMOYNE PA 17043 -1737 9 PS Form 3800, August 2006 See Reverse for Instructions 10 — _'4� ,r CERTIFIED RECEIPT ( Domes ti c I i nsurance C overage 12 r` 13 m * * ** Postage $ 14 * * ** CI Certified Fee 0 Return Receipt Fee Postmark 15 RE ACT NOTICE o (Endorsement Required) Here' Restricted Delivery Fee Total Number of Total Number of Pieces Postmaster, Per (Name of Receiving O (Endorsement Required) 0^ Pieces Listed b Sender Received at Post Office Employee) 0 Total Postage &Fees M Sent To , '-3 - -- -- -- . --------- - - - - -- BETTY J BAKER C3 Street Apf. No.; tt or PO Box No. 954 HUMMEL AVENUE City State, 2 ------- LEMOYNE PA 17043 PS Form :i0 August 2006 See Reverse for Instructions • I 03/25/2014 14:21 TAX) P.0021009 FORM 1 1� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintlff(s) C _ x° Defendant(s) _ Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which Is the subject of this foreclosure action, you may be able to participate In a court - supervised conciliation conference In an effort to resolve this matter with your lender, If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the 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 flied 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. rHISPRRP R spa II sub tted Date . Signature se for Plaintiff 03/2512014 14:21 (FAX) P.0031009 FORM 2 Cumberland County Residential Mortgage Poreclosure 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: • APPLICATIO 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: tt of people in household: How long? C O-BORRO WER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: N of people In household: How long? FINANCI • • 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 and 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: 03/25/2014 14:21 TAX) P.0041009 Asset 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. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net 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 Davin¢) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable rV Child Su ort/Alim. Spending Money Da /Child Care/Tult. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and 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: Email: 03/2512014 14:21 TAX) P.0051009 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? 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 my 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 Borrower Signature Date Please forward this document along with the following Information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal Income tax returns V Copy of deed 0312512014 14:21 (FAX) P.0061009 FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Defendant(s) Clvll 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 statements are made subject to the penalties of IS 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 03/2512014 14:22 TAX) P.0071009 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 03/25/2014 14:22 TAX) P.0081009 Court of the defendant /borrower's failure to serve the completed Form 2 with 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; 03125/2014 14:22 f AX) P.0091009 entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. S. 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 RAnderson Sheriff ' Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE (,)FTHE SHERIPF "���-L/�!'.�� n8'k APR |1 Al 110: �O �"''�' '` ,� �' � �° CUMERLAND CUUNTY PENNSYLVANIA Deutsche Bank National Trus Company vs, Betty J. Baker Case Number 2014-1749 SHERIFF'S RETURN OF SERVICE 03/202014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Betty J. Bakar, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Affidavit as "Not Found" at 954 Hummel Avenue, Lemoyne Borough, Lemoyne, PA 17043. Residence is vacant. 04/07/2014 07:45 PM - Deputy Noah Cline being duly sworn according to Iaw, served the requested Affidavit by handing a true copy to a person representing themselves to be Cheryl Bombara, daughter, who accepted as "Adult Person in Charge" for Betty J. Baker at 507 Ohio Avenue, Lemoyne Borough, Lemoyne, PA 17043. NOAH CLINE, DEPUTY SHERIFF COST: $46.08 SO ANSWERS, April 08, 2014 RONNY R ANDERSON, SHERIFF Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY LA 11 E PRO THW,J0 ire. 2-0111 HAY 21 PH 3 .1.6 CUMBERLAND COUNTY PENNSYLVANIA ©FFiC_ OF ME 5NERiFF *AMEITD IO* Deutsche Bank National Trust Company vs. Betty J. Baker Case Number 2014-1749 SHERIFF'S RETURN OF SERVICE 03/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Betty J. Baker, 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 Mortgaged Foreclosure as "Not Found" at 954 Hummel Avenue, Lemoyne Borough, Lemoyne, PA 17043. Residence is vacant. 04/07/2014 07:45 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgaged Foreclosure by handing a true copy to a person representing themselves to be Cheryl Bombara, daughter, who accepted as "Adult Person in Charge" for Betty J. Baker at 507 Ohio Avenue, Lemoyne Borough, Lemoyne, PA 17043. NOAFj,6CINE DEPUTY SHERIFF COST: $46.08 SO ANSWERS, April 08, 2014 RONNY R ANDERSON, SHERIFF (c) C;ountySuite Sherif`, Teleosoft, Inc. STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) FILED -OFFICE OF THE PROTHONOTARY 201x4 MAY 21 PH 3: 29 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005-AQ1 Trust, Asset -Backed Certificates, Series 2005-AQ1, by its servicer Ocwen Loan Servicing, LLC v. Betty J. Baker Defendant(s) Civil Action Number: 14-1749 Civil MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Betty J. Baker, for failure of said Defendant(s) to file a responsive pleading to the Complaint within twenty (20) days of service thereof. PRINCIPAL BALANCE $77,843.43 INTEREST accrued thru 01/24/2014 of $1,137.39 Interest after 01/24/2014 shall accrue at the per diem rate of $4.32.) LATE CHARGES accrued thru 01/24/2014 of $66.27 Late charges after 01/24/2014 shall accrue at the monthly rate of $22.09.) 4/C • S-Dtaj/j1/7J c# 5T9t) ESCROW ADVANCES $1,046.43 R,# 30 4113 OTHER CHARGES $960.50 14)75C e /'491`'90/ FEES BILLED $40.00 LEGAL COSTS $598.09 Sub -Total Through Date of Complaint $81,692.11 ACCRUED INTEREST after 01/24/2014 shall accrue at the per diem rate of $4.32 to May 12, 2014 $466.56 ACCRUED LATE CHARGES Late charges after 01/24/2014 accruing at the monthly rate of $22.09 through May 12, 2014 $88.36 TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT $82,247.03 BY: STERN & EISENBERG, ' C ❑ SVEN K. EISENB G, ESQUIRE ❑ M. TROY FREED ESQUIRE ❑ JACQUELINE F. ► cNALLY, ESQUIRE O LESLIE J. RAS , ESQUIRE O CHRISTINA C. VIOLA, ESQUIRE rri ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) 'FILED -OFFICE THE PROTHONOTARY 213111MAY 21 PH 3: 29 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005-AQ1 Trust, Asset -Backed Certificates, Series 2005-AQ1, by its servicer Ocwen Loan Servicing, LLC v. Betty J. Baker Defendant(s) Civil Action: 14-1749 Civil MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: . SS COUNTY OF BUCKS I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants': 1. Last -known address is 507 Ohio Avenue Lemoyne, PA 17043-1737 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. BY: Sworn to and subscribed before me this 13th I1 ay of May, 2014. Notary Public STERN & EISENBER ❑ EVEN K. EIS pi:ERG, ERG, ESQUIRE O M. TROY FRE DMAN, ESQUIRE O JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE HRISTINA C. VIOLA, ESQUIRE ati ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff REM NARI SEAL HELEN CAPASSO, Notary Public Warrington Twp., Bucks County My Commission Expires October 21, 2016 v VAM A Department of Defense Manpower Data Center Results as of : May -13-2014 07:12:18 AM SCRA 3.0 Status Report Pursuant to Servieemembets. Civil. Relief Act Last Name: BAKER First Name: BETTY Middle Name: Active Duty Status As Of: May -13-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA- No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA - No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. r�. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) FILI_U-(1r 3 ICP OF THE PRO? HONQ.J i AR 2011i HAY 21 PM 3:29 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005-AQ1 Trust, Asset -Backed Certificates, Series 2005-AQ1, by its servicer Ocwen Loan Servicing, LLC v. Betty J. Baker Defendant(s) Civil Action: 14-1749 Civil MORTGAGE FORECLOSURE CERTIFICATION UNDER RULE 237.1. I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. BY: STERN & EISENBE.2 f C EVEN K. EIS NB c2.G, ESQUIRE ❑ M. TROY F'.` ED ► AN, ESQUIRE ❑ JACQUEL► '. McNALLY, ESQUIRE ❑ LESLIE J. ' SE, ESQUIRE ❑ IRISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON, PA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) INY THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, in trust for registered holders ofABFC 2005-AQ1 Trust, Asset -Backed Certificates, Series 2005-AQ1, by its servicer Ocwen Loan Servicing, LLC (Plaintiff) v. Betty J Baker (Defendant(s)) TO: Betty J Baker 507 Ohio Avenue Lemoyne, PA 17043-1737 Date of Notice: April 28, 2014 Docket #: 14-1749 Civil TEN DAY NOTICE NOTICE PURSUANT TO Pa.R.C.P. 237.1 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO. TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES T.O ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 STERN-ky,5-EN ,4orney for Plain STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) FILED -OFFICE (JF THE PROTHONOTARY ZO1 I y MAY 21 PH 3 2 9 CUMBERLAND COUNTY PENNSYLVANIA. IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005-AQ1 Trust, Asset -Backed Certificates, Series 2005-AQ1, by its servicer Ocwen Loan Servicing, LLC v. Betty J. Baker Defendant(s) Civil Action: 14-1749 Civil MORTGAGE FORECLOSURE CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above -captioned matter is not protected under the Homeowner's Emergency Assistance and Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. BY: 7 STERNS ENB RG, -PC STEVEN K. E ❑ M. TROY F ❑ JACQUEL RG, ESQUIRE AN, ESQUIRE . McNALLY, ESQUIRE ❑ LESLIE J. ' A SE, ESQUIRE RISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) FILED -OFFICE OF THE PROTHONOTARY MAY 2 I PM 3: 29 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC. 2005-AQ1 Trust, Asset -Backed Certificates, Series 2005-AQ1, by its servicer Ocwen Loan Servicing, LLC v. Betty J. Baker Defendant(s) Civil Action: 14-1749 Civil MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Deutsche Bank National Trust Company, as Trustee, by its servicer Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 (Plaintiff) Betty J. Baker 507 Ohio Ave Lemoyne, PA 17043-1737 (Defendant(s)) BY: STERN & EISENB ■ EN K. EI ` N RG, ESQUIRE ❑ M. TROY F' 'E ►. AN, ESQUIRE ❑ JACQUELIN F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ 2HRISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Deutsche Bank National et al. : ❑ Confessed Judgment Plaintiff ❑ Other VS. File No. 14-1749 Civil C Amount Due $82,247.03 Betty J. Baker rztcr rYt . Defendant Interest --c tni— N Address: Atty's Comm -<> — 954 Hummel Avenue Costs <c..7 - Lemoyne, PA 17043 = n C CO -f L-) c TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) 954 Hummel Avenue, Lemoyne, PA 17043 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUmberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishe ❑ (Indicate) Index this writ against the garnishee (s) as a lis pendenss . estate of th:i defendant(s) described in the attached exhibit. Date 05/13/2014 Signature: 2S, 5-0 lad A It 0g 1-103. 75- 77U3 g3 Pd C-# 50g -a p*- ?06/q3 Print Name: Address: Attorney for: Warrington, PA 18976 Plaintiff Telephone: 215-572-8111 Supreme Court ID No: 86727 • �0 4- I- 1)(4/6"/ 0 -)( /$sueQ/+ ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at the distance of 20 feet measured in an easterly direction from the line dividing Lots No. 16 and 17, Block "F", in the hereinafter mentioned Plan of Lots; thence in a southerly direction along lands of Raymond S. Zimmerman, 140.45 feet, more or less, to a 15 foot alley; thence in a westerly direction along said alley, 20 feet, more or less, to a point; thence in a northerly direction along the line running through the center of the partition wall of th.e double brick dwelling house erected in part on the herein described lot, 140.45 feet, more or less, to a point on the south.erl.y line of Hummel Avenue; thence in an easterly direction along Hummel Avenue 20 feet, more or less, to a point, the place of beginning. BEING KNOWN AS 954 Hummel Avenue, Lemoyne, PA 17043 BEING the same premises which Betty J. Baker, a widow, by Deed dated February 7, 2005 and recorded February 17, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 267 Page 2883, granted and conveyed unto Betty J. Baker, an unremarried widow. PARCEL NO. 12-22-0824-228 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net Deutsche Bank National Trust Vs. Betty J. Baker WRIT OF EXECUTION NO 14-1749 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $82,247.03 L.L.: $.50 Interest Atty's Comm: Due Prothy: $2.25 Atty Paid: $194.83 Other Costs: Plaintiff Paid: Date: 5/21/2014 David D. Buell, Pr onotary (Seal) By: REQUESTING PARTY: Name: Andrew J. Marley, Esq. Address: 1581 Main Street, Suite 200 Warrington, PA 18976 Attorney for: Plaintiff Telephone: 215-572-8111 Supreme Court ID No. 86727 Deputy STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) i_i.. E PROTHOH0T R1' 2al►; MAI 21 Ph'1 3: J3 CUM PEN ' LVANIA COUNTY IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005-AQ1 Trust, Asset -Backed Certificates, Series 2005-AQ1, by its servicer Ocwen Loan Servicing, LLC v. Betty J. Baker Defendant(s) Civil Action: 14-1749 Civil MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 954 Hummel Avenue, Lemoyne, PA 17043. 1. Name and address of Owner(s) or Reputed Owner(s): Betty J. Baker 507 Ohio Ave Lemoyne, PA 17043-1737 2. Name and address of Defendant(s) in the judgment: Betty J. Baker 507 Ohio Ave Lemoyne, PA 17043-1737 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: Graystone Bank, a Division of Graystone Tower Bank 4045 Linglestown Road Harrisburg, PA 17112 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Cumberland County 13 North Hanover Street Carlisle, PA 17013 Tax Claim Bureau Cumberland County Courthouse One Courthouse Street Carlisle, PA 17013 Tenant(s)/Occupant(s) 954 Hummel Avenue Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: May 13, 2014 MMOPo1 ve. .- F Nero 4SVi.vAN A BY: N0TARRIAL SEAL HELEN CAPASSO, Navy Public Warrington Tuvp., Bucks County My Commission Expires October Sworn to and subscribed before me This 13t Day of May, 2014. Notary Public STERN & )SEN e "G, PC ❑ L EVEN K. EI BERG, ESQUIRE ❑ M. TROY F G AN, ESQUIRE ❑ JACQUE . McNALLY, ESQUIRE ❑ LESLIE ' SE, ESQUIRE ❑,CHRIS ' ► A C. VIOLA, ESQUIRE ei AND W J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) 0 THE PRO i HQU0 iAR`I'.. Zf,I'I MM 2 I Phi 3: 30 00 PENNSYLVAN A f IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005-AQ1 Trust, Asset -Backed. Certificates, Series 2005-AQ1, by its servicer Ocwen Loan Servicing, LLC v. Betty J. Baker Defendant(s) Civil Action: 14-1749 Civil MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Betty J. Baker 507 Ohio Ave Lemoyne, PA 17043-1737 Your real estate at 954 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, September 3, 2014 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $82,247.03 obtained by Deutsche Bank National Trust Company, as Trustee, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern & Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stem & Eisenberg PC, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern & Eisenberg PC, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern & Eisenberg PC, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005-AQ1 Trust, Asset -Backed Certificates, Series 2005-AQ1, by its servicer Ocwen Loan Servicing, LLC v. Betty J. Baker Defendant(s) Civil Action: 14-1749 Civil MORTGAGE FORECLOSURE RE: PREMISES: 954 Hummel Avenue, Lemoyne, PA 17043 Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, September 3, 2014 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $82,247.03 together with interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff' s Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later. than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. May 13, 2014 BY: STERN & EISENBER, ,, PC TEVEN K. EIS.. 1 RG, ESQUIRE ❑ M. TROY F' DIVAN, ESQUIRE ❑ JACQUEL F . McNALLY, ESQUIRE ❑ LESLIE J4j SE, ESQUIRE ❑ STINA C. VIOLA, ESQUIRE E+7 ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at the distance of 20 feet measured in an easterly direction from the line dividing Lots No. 16 and 17, Block "F", in the hereinafter mentioned Plan of Lots; thence in a southerly direction along lands of Raymond S. Zimmerman, 140.45 feet, more or less, to a 15 foot alley; thence in a westerly direction along said al.l.ey, 20 feet, more or less, to a point; thence in a northerly direction along the line running through the center of the partition wall of the double brick dwel.l.ing house erected in part on the herein described lot, 140.45 feet, more or less, to a point on the southerly line of Hummel Avenue; thence in an easterly direction along Hummel Avenue 20 feet, more or less, to a point, the place of beginning. BEING KNOWN AS 954 Hummel Avenue, Lemoyne, PA 17043 BEING the same premises which Betty J. Baker, a widow, by Deed dated February 7, 2005 and recorded February 17, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 267 Page 2883, granted and conveyed unto Betty J. Baker, an unremairied widow. PARCEL NO. 12-22-0824-228 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) ANDREW J.MARLEY(317314) ; EDWARD J.McKEE(31672 1) STERN&EISENBERG,PC 1 Y JOee 2 1581 MAIN STREET,SUITE 200 ' C WARRINGTON,PENNSYLVANIA 18976 `�'U ` + US F TELEPHONE:(215)572-8111 PENES YL A A r�A FACSIMILE.(215)572-5025 � (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005-AQ1 Trust,Asset-Backed Certificates, Series 2005-AQ1, by its servicer Ocwen Loan Servicing, LLC Civil Action Number: 14-1749 Civil V. Betty J. Baker MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE OF SERVICE 1, EDWARD J. MCKEE, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by certified mail return receipt requested and regular mail on June 20, 2014 I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on June 20, 2014, as evidenced by copy of certificates of mailing attached. STE EISENfBERG, PC B EDWARD J. MCKEE Attorney for Plaintiff 6/23/14 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) ANDREW J.MARLEY(312314) EDWARD J.McKEE(31672 1) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005-AQ1 Trust, Asset-Backed Certificates, Series 2005-AQ1, by its servicer Ocwen Loan Servicing, LLC Civil Action: 14-1749 Civil V. Betty J. Baker MORTGAGE FORECLOSURE Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 954 Hummel Avenue, Lemoyne, PA 17043. 1. Name and address of Owner(s) or Reputed Owner(s): Betty J. Baker 507 Ohio Ave Lemoyne, PA 17043-1737 2. Name and address of Defendant(s) in the judgment: Betty J. Baker 507 Ohio Ave Lemoyne, PA 17043-1737 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Penn Waste Inc. 170 E. Market Street York, PA 17402 4. Name and address of the last recorded holder of every mortgage of record: Graystone Bank, a Division of Graystone Tower Bank 4045 Linglestown Road Harrisburg, PA 17112 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 Tenant(s)/Occupant(s) 954 Hummel Avenue Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 19, 2014 STERN& EIS B G, PC BY: cw,�aw S VEN EIS BERG, ESQUIRE ' �Fn �wruass� ra�,'a . TRO FRE MAN, ESQUIRE t,� E1Fr�' n "� `' .t ,s�;ic ❑ JACQU LIN F. McNALLY, ESQUIRE PA cill�t �f � 'i.if'7r�J k. � nl YCorr� a� , ❑ �ESLI J. SE ESQUIRE �.�e� 7/: 7 AND J. MARLEY, ESQUIRE ❑ EDWARD J. MCKEE, ESQUIRE Attorney for Plaintiff Sworn to and subscribed before me This 19th Day of June, 2014. 'Ia4 &? X-� Notary Public /j Ln 'a , r Y Z cn , N p uam,7 00 1 O� cc,> N � � f � rz = e -• •x- aE -� t * et - * z tL rn y cn Q a a cn .� O cs a o N a <D NCX7 RL «t O > CD co CD to CD P T CD (FQ 0CDCD Z 7014 0510 0000 8263 5842 o' " ` > o ° py rD o ? — kn o cn; Tm m r�.� a' a d '-t C!) a0c m m o _0 116m 6CD ID m � �� to oG X'9 cr ry ZZ w M� X31 n • CD CS ! O a CD CDJ lb '.� w a m $ two o MY • + t'h rte*' O r {� N d o O C/I d � :• oO O .j C" w 0 o ti y = CDz a00 O 0 d YC Czi �p moo-. 0 (D N O W f �N Q RR1 Q 0 quo � N •- o o ,a t� tA o ' x v �• ` cr �-. CD i CD It o w N SD oocr x z . A W::5 CD p p r $ rn rn D cn m L6$ m c N C) L g Z D m N ,soh/ m m b OG to c� STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) ANDREW J. MARLEY (312314) EDWARD J. MCKEE (316721) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111. FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) it ED- oF ?GIy JUL 23 �©``' CUMBERLAND Ur'fQE PENNSYLVANIA IA IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of ABFC 2005-AQ1 Trust, Asset -Backed Certificates, Series 2005-AQ1, by its servicer Ocwen Loan Servicing, LLC v. Betty J. Baker Defendant(s) Civil Action Number: 14-1749 Civil MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, EDWARD J. MCKEE, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriffs Sale was mailed to the Defendants by certified mail return receipt requested and regular mail on June 20, 2014.and signed for on June 24, 2014 as evidenced by signed green card attached. 7/21/2014 STE BY: ISENBERG, PC EDWARD J. MC Attorney for Plaintiff SENDER: COMPLETE THIS SECTION. ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallpiece, or on the front if space permits. TE THIS,SECTIQN ON DE 1. Article Addressed to: etly J• Baer 50� Onto Pie. Lemoyne, PA c1 -043- C. Date of Delivery -ail-�y D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No . Service Type l.ja Certified Mail° 0 Priority Mail Express"' ❑ Registered lX Return Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7 ©y 4 a a a❑ (Transfer from service late 0 51 8 2 6 3 5 8 4 2 PS Form 3811, July 2013 Domestic Return Recap SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,LED -O ,= lCE: Sheriff I'HE PRO t HMO VARY Jody S Smith Chief Deputy Richard W Stewart Solicitor OFC' OF $44`ERIFF 2014 OCT 21 PH 2: 56 CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company vs. Case Number Betty J. Baker 2014-1749 SHERIFF'S RETURN OF SERVICE 06/17/2014 07:13 PM - Deputy Dawn Kell, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 954 Hummel Avenue, Lemoyne - Borough, Lemoyne, PA 17043, Cumberland County. 06/20/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Betty J. Baker, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 507 Ohio Avenue, Lemoyne, PA 17043, this address is that of the defendants daughter Cheryl Bombora, deft is currently a resident of Manor Care Nursing Facility in Camp Hill, PA. 09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Steven Eisenberg, on behalf of Deutsche Bank National Trust Company as Trustee in Trust for Registered Holders of ABFC 2005-AQ1 Trust, Asset -Backed Certificates, Series 2005-AQ1, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $987.16 SO ANSWERS, September 16, 2014 RONR ANDERSON, SHERIFF (c) CountySuite S^eriff. •releosoft. /41,06 ack a.ate pet &. sV iod, ez4.9 op/ igiti 3 ig x.33' On May 23, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Known and numbered as, 954 Hummel Avenue, Lemoyne, as Exhibit "A" filed with this Writ and by this Reference incorporated herein., Date: May 23, 2014 By: Real Estate Coordinator LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2014-1749 Civil DEUTSCHE BANK NATIONAL TRUST COMPANY vs. BETTY J. BAKER Atty.: Steven Eisenberg ALL THAT CERTAIN piece or par- cel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at the distance of20 feet measured in an easterly direction from the line dividing Lots No. 16 and 17, Block "F", in the hereinafter mentioned Plan of Lots; thence in a southerly direction along lands of Raymond S. Zimmerman, 140.45 feet, more or less, to a 15 foot alley; thence in a westerly direction along said al- ley, 20 feet, more or less, to a point; thence in a northerly direction along the line running through the center of the partition wall of the double brick dwelling house erected in part on the herein described lot, 140.45 feet, more or less, to a point on the southerly line of Hummel Avenue; thence in an easterly direction along Hummel Avenue 20 feet, more or less, to a point, the place of beginning. BEING KNOWN AS 954 Hummel Avenue, Lemoyne, PA 17043. BEING the same premises which Betty J. Baker, a widow, by Deed dated February 7, 2005 and recorded February 17, 2005 in the Office of the Recorder of Deeds in and for Cum- berland County in Deed Book 267 Page 2883, granted and conveyed unto Betty J. Baker, an unremar- ried widow. PARCEL NO. 12-22-0824-228. 22 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 11, July 18 and July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 5 da of Jul 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28. 2018 The Patriot -News Co. 1900 Patriot Drive Mechanicsburg,' PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Oe patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. DE 2014.1749 Civic Term TSCHE BANK NATION TRUST COMPANY' vs. BETTY J. BAKER Any: Steven Eisenberg ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at the distance of 20 feet measured in an easterly direction from the line dividing Lols No. 16 and 17, Block "F", in the hereinafter mentioned Plan of Lots; thence in a southerly , direction along lands of Raymond S. Zimmerman, 140.45 feet, more or less, to a 15 foot alley; thence in a westerly direction along said alley, 20 feet, more or less, I"o a pole thence in a northerly direction along the This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 Sworn to and subscribed before me this 20 day of August, 2014 A.D. f COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Registered Holders of ABFC 2005-AQ1, Tr & Trust Asset -Backed Cert Series 2005-AQ1 Tr is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 21st day of May, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Tenn, 2014 Number 1749, at the suit of Registered Holders of ABFC 2005--AQ1 Tr & Asset -Backed Cert Ser 2005-AQ1 Tr, Ser against Betty J Baker is duly recorded as Instrument Number 201424028. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 521 day of , A.D. O /� 4 ) r' Recorder of Deeds Aecor of Deeds, Cumberland County, Carlisle, PA My Com ission Expires the First Monday of Jan. 2018