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HomeMy WebLinkAbout14-2882 Supreme Couff-4,Tennsylvania Court_:f Common 'Pleas For Prothonotary Use Only: C><�><1tet Docket No: fit; i (< Ctinberland f Coutlty 7t, The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S Q Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Deutsche Bank National Trust Company, et al. Robert A. Patrick and Tammy L. Patrick T Dollar Amount Requested: I �within arbitration limits I Are money damages requested? Q Yes No (check one) Ox outside arbitration limits O N Is this a Class Action Suit? 0 Yes [A No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff/Appellant's Aoeme ! Andnow.1 hdndPkj 0 Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment E3 Motor Vehicle 0 Debt Collection:Other 0 Board of Elections 0 Nuisance Dept.of Transportation S 0 Premises Liability 0 Statutory Appeal:Other Product Liability(does not include E mass tort) El Employment Dispute: El Slander/Libel/Defamation Discrimination C 0 Other: 0 Employment Dispute:Other 0 Zoning Board ,r 0 Other: I Other: O MASS TORT 0 Asbestos N 0 Tobacco Toxic Tort-DES C Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: Ejectment Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations x Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal Quiet Title El Other: 0 Medical 0 Other: Other Professional: Updated 1/1/2011 c STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) 1 LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 r��/� ©o '� WARRINGTON,PENNSYLVANIA 18976 q 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 for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Ul. Series 2003-X2, by its servicer, Ocwen Loan 1 �� Servicing LLC. Civil Action Number: 1 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 COMPLAINT IN MORTGAGE FORECLOSURE V. Robert A. Patrick 1130 2nd St Enola, PA 17025-3264 Tammy L. Patrick 1130 2nd St Enola, PA 17025-3264 Defendant(s) CIVIL ACTION -MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within expuestas en las paginas siguientes, usted twenty (20) days after this complaint and notice tiene veinte (20) dias de plazo al partir de la are served, by entering a written appearance fecha de la demanda y la notificacion. Hace �J personallyor by attorneyand filing in writing falta asentar una comparencia escrita o en 1 a.V%k4 S b3--7� az ee' u3(II-4.11)1P 0..4 -%b57SB with the court your defenses or objections to the persona o con un abogado y entregar a la claims set forth against you. You are warned that corte en forma escrita sus defensas o sus if you fail to do so the case may proceed without objeciones a las demandas en contra de su you and a judgment may be entered against you persona. Sea avisado que si usted no se by the court without further notice for any money defiende, la corte tomara medidas y puede claimed in the complaint or for any other claim or continuar la demanda en contra suya sin relief requested by the plaintiff. You may lose previo aviso o notificacion. Ademas, la money or property or other rights important to corte puede decidir a favor del demandante y you. requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede YOU SHOULD TAKE THIS PAPER TO A perder dinero o sus propiedades u otros LAWYER AT ONCE. IF YOU DO NOT HAVE derechos importantes para usted. A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET Lleva esta demanda a un abogado FORTH BELOW TO FIND OUT WHERE YOU inmediatamente. Si no tiene abogado o si CAN GET LEGAL HELP. THIS OFFICE CAN no tiene el dinero suficiente de pagar tal PROVIDE YOU WITH INFORMATION servicio, vaya en persona o flame por ABOUT HIRING A LAWYER. telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar IF YOU CANNOT AFFORD TO HIRE A donde se puede conseguir asistencia legal. LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 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. 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 for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC. Civil Action Number: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 COMPLAINT IN V. MORTGAGE FORECLOSURE Robert A. Patrick 1130 2nd St Enola, PA 17025-3264 Tammy L. Patrick 1130 2nd St Enola, PA 17025-3264 Defendant(s) COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC. (hereinafter referred to as "Deutsche Bank National Trust Company, as Trustee, by its servicer, Ocwen Loan Servicing LLC.")with offices located at 1661 Worthington Road, Suite 100 , West Palm Beach, FL 33409. 2. Defendants are Robert A. Patrick Tammy L. Patrick, an adult individual with a last-known address of 1130 2nd St, Enola, PA 17025-3264. 3. Under date of 01/24/2003, Robert A. Patrick and Tammy L. Patrick executed and delivered to Ameriquest Mortgage Company a mortgage upon the property 130 2nd St, Enola, PA 17025 (the "Property") to secure the payment of the sum of$59,400.00. The said mortgage was recorded in the Office for the Recorder of Deeds in and for Cumberland County on 02/11/2003 at Book: 1795, Page: 4403 and is incorporated herein by reference as though set forth at length herein. A copy of the mortgage and legal description of the Property is attached hereto and made a part hereof as Exhibit "A". 4. An assignment transferring the mortgage originally with Ameriquest Mortgage Company (Originating Lender) 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, Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2 Asset Backed Certificates, Series 2003-X2, under the Pooling and Servicing Agreement dated June 1, 2003,was recorded on 2/17/2009, in (instrument) 200904121, in the Office of the Recorder of Deeds in Cumberland County, Pennsylvania. ii. Corrective Assignment from Ameriquest Mortgage Company to Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2., was duly recorded on 09/26/2013 at Instrument: 201331804 in the Office of the Recorder of Deeds in Cumberland County, Pennsylvania. 5. Robert A. Patrick and Tammy L. Patrick are the real owners of Property 130 2nd St, Enola, PA 17025. 6. In accordance with Pennsylvania law, the required pre-foreclosure notice (under Act 91/Act 6 as may be applicable), was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit`B". 7. The said loan is in default as a result of the failure to pay the monthly installments of $625.49 due on March 1, 2013 and on the same day of each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE.......................................................$42,187.94 INTEREST accrued to 02/21/2014 of ..................................$4,007.36 Interest after 02/20/2014 shall accrue at the per diem rate of$10.55) LATE CHARGES accrued to 02/21/2014 of........................$64.12 Late charges after 02/20/2014 shall accrue at the monthly rate of$32.06) ESCROW ADVANCES........................................................$223.48 Property Inspection Fee.........................................................$94.50 FCLSCost.......................................................... $298.09 Property Valuation Fee—BPO....................................$584.00 Foreclosure Fee.................................................... 825.00 Title Report Fee....................................................$300.00 Prior Servicer Fees.................................................$352.94 TOTAL..................................................................................$48,937.43 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 requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property, for the sum of$48,937.43 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. STERN IS N G, PC BY: STEVEN K. EISEN° E G, ESQUIRE ❑ M. TROY FREE MiA, ESQUIRE ❑ JACQUELIN cNALLY, ESQUIRE ❑ LESLIE J. RA , ESQUIRE ❑ LEN M. GARZA, ESQUIRE HRISTINA C. VIOLA, ESQUIRE El ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff Date: 20IL ' Re: Rob A. Patrick Tamm L. Patrick 130 2nd St Enol a,a, PA VERIFICATION I Duane Thompson ,hereby state that I am Contract Management Coordinator of Ocwen Loan Servicing,LLC, mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to Ocwen Loan Servicing,LLC for the mortgage loan which is subject of this action. Ocwen Loan Servicing, LLC maintains and is in control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer,rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. fi Date: _ (qa_l� Name: Duane Thompson Title: Contract Management Coordinator Deutsche Bank National Trust Company,as Trustee for Ameriquest Mortgage Securities Inc.,Quest Trust 2003- X2,Asset Backed Certificates, Series 2003-X2,by its servicer Ocwen Loan Servicing,LLC. T P. 71=^ _GLER !:ECORDER Or DEEDI :'t?L)ERLAND COUNTY-F,, '03 FEB 11 Pel 2 04 Prepared By:Ameriquest Mortgage conpany Return To: Susan Miller Aaeriquest Mortgage company 214 senate Ave., # 206,Camp Hill, P.O. Box 11507 PA 17011 Santa Alta, CA 92711 . Parcel Number: 45-17 1044-229 [Spam Above This I1ae For Rftor ing Data] MORTGAGE DEFINITIONS Words "'used in multiple sections of this document are defined below and other wards 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 datediaauary 24, 2003 together with all Riders to this docament. (B) 'Borrower"is ROBERT A PATRICK and TAbW L PATRTCR, Husband and Wife Borrower is the mortgagor under this Security Instrument. (C) "Lender"is Aaeriquest Mortgage Company Lender is a corporation 0041975459-5697 PENNSYLVANIA-Single Family-Fannie Mar/Freddie Mac UNIFORM INSTRUMENT Form 3038 1/01 -61PA)i000m Pape 1 o1 7001/24/2003 5:06:44 Inkll. VMP MORTGAGE FORMS-(800)621-7281 EXHIBIT BK ! 795p- 4403 organized and existing under the lays of Delaware Lender's address is 1100 Town and Country Road, Suite 200 orange, CA 92868 Lender is the mortgagee under this Security In hw=nt. (D) "Note"means the promissory note signed by Borrower and datedJanuary 24, 2003 The Note states that Borrower owes Lenderfifty-nine thousand four hundred and 00/100 Dollars (U.S. $59,400.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 1, 2023 (E) "Property"means the property that is described below under the heading "Transfer of Rights in the Property." M "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 Instrttment,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 []Condominium Rider ❑Second Home Rider 0 Balloon Rider []Planned Unit Development Rider 1-4 gamily Rider 0 VA Rider 0 Biweekly Payment Rider Other(s) [,specify] (H) "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. (n "Community Association Dues,Fees,and Assessments"means all dues, fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. M "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar Papa instrument, which is initiated through an ekctromc terminal, telephonic instrument, computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit or credit an account. Such term includes, but-is not limited to, point-of-sale transfers, automated teller machine transactions, transfiers initiated by telephone, wire transfers, and automated clearinghouse transfers. M "Escrow Items"means those items that are described in Section 3. (L) "Misce[ianeoas Proceeds"means any compensation, settlement, award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages de scribed in Section 5) for: (i) damage to, or destruction of, the Property; (it) 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. 'Mortgage Insurance"means insurance protecting Lender against the nonpayment of, or default on, the Loan. (M "Periodic Payment"means the regularly scheduled amount due for(i)Principal.and interest under the Now,Plus(ii) any amounts under Section 3 of this Security Instrument. 004"546 -5697 40-6(PA)l0000lni6i�,Pag,2of16 O1/24/2p044 Form 3039 1/01 BK 1795PL4404 i I (0) "RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.)and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "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 party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender:(i) the repayment of the loan, and all renewals,extensions and modifications of the Note; and (it) the performance of Borrower's covenants and agreements under this Security Instrument and the Now. For this purpose,Borrower does hereby mortgage,grant and convey to Lender the following described property located in the county (Typo of Recording Jurisdiction) of CUMBERLAM [Name of Recording Jurisdiction] Legal Description Attached Hereto and Made a Part Hereof. which currently has the address of 130 21D STREET [sweet[ »I.A [City], Pennsylvania 17025 (zip Code] ("Property Address"): 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." 00419 45 5697 40 Inhidr -6(PA)boos) vg.3 76 01/24/2003 5:0 :.44 Form 3.039 1/01 BKI795PG4405 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the light 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 ccovoeenants with limited variations by jurisdiction to constitute a uniform security instrument covering.real UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Prindpal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the princi W 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, bender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as Selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, 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 atthe 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 payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated-to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds'lender may hold such unapplied funds until Borrower makes payment to bring the Loan current.If Borrower does not do so within a reasonable period of time, 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 againstLender shall relieve Borrower from making payments due under Instrument.Note d this Security Instrument or performing the covenants and agreements secured by this Security 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all Payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments I 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 Instttument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a sufficient amount to pay any late charge due, the delinquent Periodic Payment which includes a the Late charge. If more than one Periodic Payment outstanding, may be lied to the delinquent payment and from Borrower tot o r tanding Lender may apply any payment received repayment of the Periodic Payments if, and to the extent that, each payment can be 0041�9 5697 ® aoQe a at to 01/24/2003 5:06: 4 Form 3039 1/01 8KI795FG44a6 paid in 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,untag 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 S; 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 agreernent" 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 maxum 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 bender,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 o Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any imerest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 0041 5 -5697 4=-G(PA)boor,) J"t'�'' P.9.5 o 16 01/24/2003 5:06:144 Forth 3039 1/01 BKI795PG4407 shall be paid on the Funds. Lender shalt 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 mommy 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 shalt 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 shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,and Community Association Dues, Fees,and Assessments,if any. To the extent that these items are Escrow Items, Borrower shall pay them in the ma 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 proceedingsam pending, but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender-subordinating the hen 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, Luer may give Borrower a notice identifying the lien.Within 14 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 shallbe 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-time charge for flood zone determination and certification services and subsequent charges each time.remappimgs 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 lbrrower. 00419 5 -5697 �49PA)iowal 1n1e$' ate.a of Is 01/24/200 5:06 44 -Form 3039 1101 Bi{ 1 795E„4408 c If Borrower fails to maintain any Of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any Particular type or amount of coverage.Therefore,such coverage shall cover Lender, but might or might not Protect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk, hazard or liability and.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 Lender's Tight 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 renews! certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage,not otherwise required by lender., for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.Unless Lender-and Borrower otherwise agree in writing, any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,-ender 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 Lender's satisfaction, provided that such inspection shall be undertaken Promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series Of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. if the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,if any,paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, lender may file, negotiate and settle any available in claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance Proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of warned premiums paid by Borrower)under all insurance policies covering the Property,insofar as such rights are 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. O5697 ft ® Page 7 of 16 01/24/2003 5:06.44 Form 3039 1/01 BKI795PG4409 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless bender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which an 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 promPfiy 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 shalt be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a 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. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading, or inaccurate information or statements to Lender (or failed to provide bender 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 ImtntmenL (b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy,probate, for condemnation or forfeiture, for enforcement of 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, including protecting and/or assessing the value of the Property,and securing and/or repairing the Property. Lender's actions can include, but are not limited to; (a)paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions,.and have utilities turned on or off.Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for clot taking any or all actions authorized under this Section 9. 0041 754 -5697 ® Page Bof 16 01/24/200 5.06 44 Form3039 1/01 BKI795PG4410 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. 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 mo Previously provided such insurance and Borrower was r mortgage insurer that toward the Premiums for Mortgage Insurance, Borrowers shall pay make separately designated payments cover' substantially PaY the prenriums required to obtain coverage y equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to Pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect- Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid in full, and lender shall not be required to pay Borrower any interest ore airings on such loss reserve.Lender can no longer require loss reserve payments if Mortgage Insurance coverage(m the amount and for the period that Lender requires) provided by an eparatel designated selected by Lender again becomes available, is obtained, and Lender requires Separately gnated Payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated Payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, -or- to provide a 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 are Note. Mortgage Insurance-reimburses Lender (or any entity that purchases the Note) for certain losses it Insuincur rance. if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage 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 ung any source of funds that the mortgage insurer may have available(which may i Insurance premiums). nclude funds obtained from Mortgage 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 tha sht derive from(or might be characterized as) a portion of Borrower's payments for Mortgage I exchange for aInsurance, in ring 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 y for Mortgage Insurance;or any other tern's of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and hey will not entitle Borrower to any refund. 004"546 -5697 -6(PA)l000e) initi Im Pe.soeIe 01/24, ) 44 Fonn3039 1/o1 -BK I795PG44i I rA , (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage insurance under the Homeowners Protection Act or 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. 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 wail Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. 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, nnless 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 taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking,destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, 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 if, 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 apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be 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 004 4 -5697 m�r, =VIPA)i000el Pqe 10 of 18 01/24/20 3 5.:0 ;44 Form 3039 1/Ot BK 1795PG44 12 dismissed with a ruling that, in Lender's 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. 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 Walmer. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any 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 Instrament 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 Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signrr's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. 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 purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,-but not limited to, attorneys' fees,property inspection and 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 arc 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 limit; and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower 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 0041 5 -5697 4=-6(PA)-(000s) Papa 11 of Is 01/_24/2003 5 0 :44 Form 3039 1101 oDU n I 795PG4-4 13 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 Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. 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 any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. 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. 18. 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 period of not less than 30 days from the date the notice is given in accordance with Section 15 within wbich 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 Atte- 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 We of the Property pursuant 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 004 54 -5G97 '"S ®®B(PAI wws) Page 12 or 16 01/24/2003 0 :44 Form 3039 1101 BK 1 795PG44 1 4 agreements;(c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged.Lender may require that Borrower pay 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 sball 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 Setvidxr and are not assumed by the Note purchaser unless otherwix 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 period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to 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, contnbnte to, or-otherwise trigger an Environmental Cleanup. 0041 5 9-5697 Mittal 4-6(PAJ twos) Pape 13 of 16 01/24, 3 5:0 :44 Forth 3039 1101 1% 1 79SPG441. 5 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 Law,(b) which creates an Environmental Condition, or(c)which, due to the presence,use,or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that arc 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 Environmental 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 (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shalt promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22. Acceleration;Rernedim 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 Inshrrmrent 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. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs 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 atter 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 00",75 9-5697 0-6(PA)bone) Pape 14 0 le 01�24�2 :44 Forth 3039 1101 8KI795PG4416 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) ROBERT A PATRICK -Borrower ( awo 0� (Seal) L L P CK -Borrower (fin ( � -Borrower -Borrower (Seal) (fin -Borrower -Borrower (Seam (Sean Borrower -Borrower OD41975459 -5697 _OW-stPAt l000el Papa t5erle 01/24/2003 5:06:44 Forrn 3039 1(01 BK 1795PG44 17 i i i Certificate of Residence n I u . 2• Lt S ,do hereby certify that the correct address of the within-named Mortgagee is 0 O0 �0 wN Amd COytiT/�( SrE coo , C�RftNG E cA ci Witness my hand this a a f Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA l,1V1x'6C- -bg4b County ss: On this the a Lf in- day of �/��tltJ.¢,2 Y. a��3 before me, the undersigned officer,personally appeared gMEAT A. P&�.t CK XYA WAu.H� AX 1-9-1 QC to me(or satisfactorily proven)to be the person(s)whose name(s)istare subscribed to the :i rument and acknowledged that he/shetthey executed the same for the purposes herein .�Qj•' ned. TNESS WHEREOF, I hereunto set my hand and official seal. UP � ',� , ,•; `fit oMission Expires: YlWwn R.l.irtdalsy,No"Pubic Low Allen Twp.,Cumberland(county KV Coandesfon Nov.24,2003 ) M~.Penr+sytvente AMod0on of NOMnes NO(' i�Yy� Ll C Title of Officer 4M1ePA(coq) rage leor ie 0041975459-5697 01/24/2003 5:06:44 AM BKI795PG4418 Data: 1/24103 Time: 10:40:34 AM r order Number: 000009010 Re: Robert A. Patrick 130 2ND STREET Tammy L. Patrick ENOLA, PA 17025 CUMBERLAND County EXHIBIT 'A' ALL THAT CERTAIN lot, parcel or tract of land situate in East Pennsboro Township (formerly West Fairview Borough), Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a pin in the western line of Second Street Seventy-Four Feet Seven and One-Half Inches (7417-1/2") South of the southwest corner of Second and North Streets; thence southwardly along the western line of Second Street Fifteen and Thirty-Eight Hundredths (15.38) feet to a hole in the walk at or opposite the center of the partition wall dividing properties known as 128 and 130 Second Street; thence westwardly through the center of the partition wall dividing properties known as 128 and 130 Second Street and beyond One Hundred Thirty-Nine (139) feet to a pin in the eastern line of a Sixteen (16) feet wide alley; thence northwardly along the eastern line of said Sixteen (16) feet wide alley Fifteen and Thirty-Eight Hundredths (15.38) feet to a pin; thence eastwardly along lands now or formerly of Emina Langletz Estate One Hundred Thirty-Nine (139) feet to a pin, the point and place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling and frame garage and being known as 130 Second Street. As to be recorded In ,'Ind County PA Recorder of Deeds BKI 795PG4 19 Page:6 of-6- Order Number 000009010 Stern & Eisenberg, PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215)572-8111 Date: July 12, 2013 COMBINED NOTICE UNDER ACT 6-and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home.This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE 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, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE 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. BIT HOMEOWNER'S NAME(S): Robert A. Patrick PROPERTY ADDRESS: 130 2nd St, Enola, PA 17025. MAILING ADDRESS: 1130 2nd St, Enola, PA 17025-3264 RR ADDRESS: 1130 2nd St, Enola, PA 17025-3264 LOAN ACCT. NO.: ORIGINAL LENDER: Ameriquest Mortgage Company CURRENT LENDER/SERVICER: Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its Servicer, Homeward Residential, Inc. 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, x IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP 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. AGENCYACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 130 2nd St, Enola,PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from March 1, 2013 through and including July 12, 2013 as follows: Payments of$625.49 due on 03/01/2013 through and including 07/01/2013, in the amount of.....................................................................$3,127.45 Other charges (explain/itemize): Latecharges:..........................................................................$64.12 Fees billed..........................•...................................................$665.94 Other charges (explain)..........................................................$0.00 Lesssuspense.........................................................................$0.00 TOTAL AMOUNT PAST DUE: ....................................................$3,857.51 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 $3,857.51, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY(30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Ocwen P.O. Box 6440 Carol Stream, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rij4hts 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 morteaLyed operty. 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, by its Servicer,Homeward Residential, Inc. Address: P.O. Box 6440 Carol Stream, IL 60197-6440 Phone Number: 800-310-9229 407-737-6300 (fax number) Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- You may or X may not (CHECK ONE)sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STE & SE RG, PC BY: ern & Eisenberg, PC VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTE 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. Comprehensi�e'Hausing reNs�sxtrkt+iA:tious►Nc A. CE' cettcv OutlSGililC,�Ag'eC1Cle5 Agencias de.Conseja:ai Clisntie para Vivienda, Cumberland County `CCCS&W-0—PA.-Yojk 55 CIov2f H71 Rsoad= Dallanown PA.1?313 . 88a.b11222?.1888. 511222?. 1NV\V.Gd.S�a.OIQ Community Action:Commiasion-Capital Region 1514 Derry St: Harftbug PA,17104. ?.17232.975?. �NVi:CactAMueN.Of0 Harrisburg Fair Hausittig COWIUJl 2100 N 5th.St Hardsh`urg.PA 12110 ?17238.9540: Housing&RedovclopriicntAutliority-Ctiiniiertand City 114 N HanoyerSt;SIE 104 Ca rfsL..PA..1?O i3 86fi.563.:59t17/?1?249.0?89. nM�yCdlfa.t4m pathstone Corporation Pennsylvania 1525 Horth Second St' Harrishuig,PA 1?102 ?17234.0515 Mr rali�^.��athetim �trtm Penrisyly n' ItiterfaithCornisiunityPrograms,lne, 40EHghSt, Gettysburg PA IMS ?1?.334:1518 ,i.waiiamsciia.ory NOTE:Many of the ayet.cie5 after wor cslwps at_various location elt4s call,ta fed a location neaf.you Page 1 of 1 Rep?rt last updated:413012012 9:03;04 AM Stern & Eisenberg, PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215)572-8111 Date: July 12, 2013 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE 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 (7.17) 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 IMPORTANCL ,, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.PUEDES SER ELEGIBLE 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. HOMEOWNER'S NAME(S): Tammy L. Patrick PROPERTY ADDRESS: 130 2nd St, Enola, PA 17025. MAILING ADDRESS: 1130 2nd St, Enola, PA 17025-3264 RR ADDRESS: 1130 2nd St, Enola, PA 17025-3264 LOAN ACCT. NO.: ORIGINAL LENDER: Ameriquest Mortgage Company CURRENT LENDER/SERVICER: Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its Servicer, Homeward Residential, Inc. 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: X IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, X IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days.for mailing) from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP 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. AGENCYACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED-AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 130 2nd St, Enola, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from March 1, 2013 through and including July 12, 2013 as follows: Payments of$625.49 due on 03/01/2013 through and including 07/01/2013, inthe amount of.....................................................................$3,127.45 Other charges (explain/itemize): Latecharges:..........................................................................$64.12 Feesbilled..............................................................................$665.94 Other charges (explain)..................................................... $0.00 Lesssuspense.........................................................................$0.00 TOTAL AMOUNT PAST DUE: ....................................................$3,857.51 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 $3,857.51, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY(3 0) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Ocwen P.O. Box 6440 Carol Stream, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30)DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment-of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged 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, ypu 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, by its Servicer, Homeward Residential, Inc. Address: P.O. Box 6440 Carol Stream, IL 60197-6440 Phone Number: 800-310-9229 407-737-6300 (fax number) Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--- You may or X may not(CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STE EISEYBERG, PC BY: 6?eme & Ei enberg, PC VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTE 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. Camprehensiva Housing p.EN.p SYLYktlIA.tf0US.tNG F,t.WEEhGENCY CaurvseIjng Agencies Agertc a8;ae Conseja.al Cliente para Vivienda Cumberland County `CCC$.&f Western P k-.York 55 Clover Hill Road bauastowa PA 17313 8 88.511.222 718 M.511.222?. 1NNV.GCCSOa.Otd Community Action'Commission-Capital Region 1514 Oe rry St Har6thuaj PA 171,94 717232.9757 WWl•I.Ca^_ifl^J3ufIN.4N Harrisburg Fair Housing CgU6cil 2100 N 6th St Harrish'uig PA 17110, 717238:9540 Housing'&Red@vi IopmentAuthority-'Cumberland.Cnty 114 N Hanover-St;STE 104 CarrsL?,PA iniX 866.683.590 71717 249.9189 SN.�acchra.com Pathstone Corporation Pennsylvania 1625 North Semad•st Hard§huig..PA 17102 717234.6616 uainvr,rali�nminathetnna naFtm Pi pinsylvania Interfaith Community Programs;-Inc; 4,11- [. Gettysburg F?.A:17325 717:334.1518 ;in�riiadamscha.oi6 NOT—Many of the age icies offer workshops id various location'sites;call to find a location near you P.epert last updated:4/3012012 9;03;04 AM Page 1 611 +"' = U.S.POSTAGES3 PITNEY BOWES a. ...�■rrrr ` ZIP 19046 Name and STERN&EISENBERG ' - 2 1VV $ 002.100 Address 261 Old York Road-The Pavilion-Ste 410 0001371685 JUL 12 2013 of Se nder Jenkintown PA 19046 Line Article Postage Fee Number 1 **** Robert A. Patrick _ G Postal rvicew 130 2nd St s Enola' PA 1 o= 7025 a co D• OnlY,No Insurance Coverage Proviaea) 2 **** Robert A. Patrick ;U Ln ru 11302nd St, No F• FC • A � � � Enola, PA 17025-3264 j ra 3 **** a i' Q' Postage $ Tammy L. Patrick 4 � 0 3{ 130 2nd St , ■ N Certified Fee t r, m ;t Enola PA 17025 '` N O Return Receipt Fee Postmark` ,. i O C3 (Endorsement Required) Here 4 **** Tammy L. Patrick ' •■•ee t W Restricted Delivery Fee 1130 2nd St ,`ft (Endorsement Required) E rn m zea' dv .alb D Enola PA 17025-3264 _r Total Postage&Fees **** • 'a �¢ _¢ 0' 'd .N - Sent To • p E Y , , - • EE E o x ra Tamm L. Patrick 6 **** PHFA m y a ° e m° ;m 0 Street,Apt.No.; Tammy 'L. o m i` p :<n or PO Box No. 2� o ' r`' ------------------------- 130 2nd St , -------------- PO BOX 8029 W W o V Cry,State,ztP+4 Enola, PA 17025 7 HARRISBURG,PA 17105-8029 E 9 2 2 6'C 6 0 E 0 0 0 0 9 fi E 2 T 0e- — -A **** Postal U.S. Postal 10 **** T. — ■ 0 (Domestic Mail Only; . • .-• (Domestic Malf Only; fIr coverage _ ruFor delivery . - information • . m �. ru OFFICIAL USt �.• r=1 rq IT Postage $ Q' Postage $ o — o 13 '~' 'xv. "s i Certified Fee **** Certified Fee M P., mArrk p Return Receipt Fee >? r Postmark 14 **** C3 Return Receipt Fee Here,'{ p i° E3 (Endorsement Required) 00 (Endorsement Required) .�:..ti- Here, Restricted Delivery Fee Restricted Delivery Fee 15 RE: ACT NOTICE p (Endorsement Required) — O (Endorsement Required) :f .� s Total Postage&Fees 7 Total Postage&Fees Total Number of Total Number of Pieces Mfn Sent To Pieces Lis ted b Sender Received at Post Office Sent To •. a _________ Robert A. Patrick — "' •----------- ----- - Tammy L. Patrick Street,A t N M Street Apt.No.; p p• o•� �. or PO Box No. 1130 2nd St, or PO Box No. 1130 2nd St City,State, 2I15+4 Enola,PA 17025-3264 ------------ Enola, PA 17025-3264 3:rr,OgLW g006 See Reverse for Instructions :rr rr. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., IN THE COURT OF COMMON Quest Trust 2003-X2, Asset Backed Certificates, PLEAS OF CUMBERLAND Series 2003-X2, by its servicer, Ocwen Loan COUNTY,PENNSYLVANIA Servicing LLC. Plaintiff COMPLAINT IN Z-�-; c V. MORTGAGE FORECLOSURE '- Robert A. Patrick ; Tammy L. Patrick v Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home, if you own and live in the residential property which is the subject of th is foreclosure action,you.may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 251.0 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty (20)days of the appoiutment 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 MidPen.n.Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be'filed with. the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conci liation conference is scheduled,you will have an opportunity to.meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage tbreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY TIDS NOTICE.TI.DS PROGRAM IS FREE. Respe y subs ....................._............__........_......... Date: ,� Sia e of Cotrnse . r P ntiffj Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., IN THE COURT OF COMMON Quest Trust 2003-X2, Asset Backed Certificates, PLEAS OF CUMBERLAND Series 2003-X2, by its servicer, Ocwen Loan COUNTY,PENNSYLVANIA Servicing LLC. Plaintiff COMPLAINT IN v MORTGAGE FORECLOSURE Robert A. Patrick Tammy L. Patrick Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland.County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage l"oreclosure Diversion Program" and has taken all.of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification. to authorities. Signature of Defendant's Counsel./Appointed Date: Legal Representative Signature of Defendant Date: Signature of Defendant Date: 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 for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC. Civil Action Number: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 COMPLAINT IN V. MORTGAGE FORECLOSURE Robert A. Patrick 1130 2nd St Enola, PA 17025-3264 Tammy L. Patrick 1130 2nd St Enola, PA 17025-3264 Defendants) 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 FIND 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 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY temu- THE...I� OTKO t� emu- k @FF ICE OF THE, :K,,RIFP JUN —14 ria CUMBERLAND COUNTY SANI Deutsche Bank National Trust Co. vs. Robert A. Patrick (et al.) Case Number 2014-2882 SHERIFF'S RETURN OF SERVICE 05/22/2014 07:07 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Tammy Patrick, Wife, who accepted as "Adult Person in Charge" for Robert A. Patrick at 1130 Second Street a/k/a 130 Second Street, East Pennsboro/W. Fairview, Enola, PA 17025. JASON KINStER DEPUTY 05/22/2014 07:07 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Tammy L Patrick at 1130 Second Street a/k/a 130 Second Street, East Pennsboro/W. Fairview, Enola, PA 17025. JASON INSLER, EPUTY SHERIFF COST: $61.44 SO ANSWERS, May 23, 2014 (c) CountySute Sheriff, 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) 1 y' tD HP PROTHONOTARY 2014 A 4Tir;2014AUG18 P 10:4JCJ1BEYLAdUfryPEh�SN!q IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC v. Robert A. Patrick Tammy L. Patrick Defendant(s) Civil Action Number: 14-2882 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), Robert A. Patrick and Tammy L. Patrick, for failure of said Defendant(s) to file a responsive pleading to the Complaint within twenty (20) days of service thereof PRINCIPAL BALANCE $42,187.94 INTEREST accrued thru 02/21/2014 of $4,007.36 Interest after 02/21/2014 shall accrue at the per diem rate of $10.55.) LATE CHARGES accrued thru 02/21/2014 of $64.12 Late charges after 02/21/2014 shall accrue at the monthly rate of $32.06.) ESCROW ADVANCES $223.48 4 ZOq),4I lJo 'Ce 11'ta ed PROPERTY INSPECTION .$94.50 FCLS COST $298.09 PROPERTY VALUATION FEE -BPO $584.00 FORECLOSURE FEE $825.00 TITLE REPORT FEE $300.00 PRIOR SERVICER FEES $352.94 Sub -Total Through Date of Complaint .. $48,937.43 ACCRUED INTEREST after 02/21/2014 shall accrue at the per diem rate of $10.55 to August 4, 2014 $1,730.20 ACCRUED LATE CHARGES Late charges after 02/21/2014 accruing at the monthly rate of $32.06 through August 4, 2014 $192.36 TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT $50,859.99 BY: STERN & EISEN,a ERG PC ❑ EN NBERG, ESQUIRE ❑ M. TROY EDMAN, ESQUIRE ❑ JACQU E F. McNALLY, ESQUIRE ❑ J,ESLIE J. RASE, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) 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 for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC v. Robert A. Patrick Tammy L. Patrick Defendant(s) Civil Action: 14-2882 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 1130 2"d Street a/k/a 130 2"d Street Enola, PA 17025-3264 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. STERN & EJSEli' G, ❑ STEVEN K. NBERG, ESQUIRE ❑ M. TROY EDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE -ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff Sworn to and subscribed before me this 13th Day of August, 2014. Notary Public NAM i r , ..V NIA NOTARIAL SEAL HELEN CAPASSO, Notary Public Warrington Twp., Bucks County My Commission Expires October 21, 2016 Department of Defense Manpower Data Center Status'Report Pursuant to Servicememnbers Civil, Relief Act Last Name: PATRICK First Name: TAMMY Middle Name: Active Duty Status As Of: Auq-13-2014 Results as of : Aug -13-2014 06:18:33 AM SCRA 3.0 On Active Duly 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 Da, s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA r.NoNA 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 -lip to Active Duty on Active Duly 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. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 401,:erN- Department of Defense Manpower Data Center Status Report Pursuant to :Servicemembers Civil Relief Act Last Name: PATRICK First Name: ROBERT Middle Name: Active Duty Status As Of: Aug -13-2014 Results as of : Aug -13-2014 06:18:13 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA "' No h " NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da 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. ra_ 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) ANDREW J. MARLEY (31231.4) 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 for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC v. Robert A. Patrick Tammy L. Patrick Defendant(s) Civil Action: 14-2882 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 : :IS EN 7 ❑ STEVEN K.rISENBERG, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE g'ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STERN & EISENBERG PC THE SHOPS AT VALLEY SQUARE 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC. (Plaintiff) v. Robert A. Patrick Tammy L. Patrick (Defendant(s)) TO: Robert A. Patrick 1130 Second Street aka 130 Second Street Enola, PA 17025-3264 Docket #: 14-2882 Civil TEN DAY NOTICE NOTICE PURSUANT TO Pa.R.C.P. 237.1 Date of Notice: Monday, July 21, 2014 Tammy L. Patrick 1130 Second Street aka 130 Second Street Enola, PA 17025-3264 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FATI;ED TO ENTER. A WRITTEN APPEARANCE PERSONALLY OF. BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 By: J:\Michaela\Ten Day\Cumberland\Ocwen.Patrick.07.14.docx ST -_ & EISENBERG, PC J Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) 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 for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC v. Robert A. Patrick Tammy L. Patrick Defendant(s) Civil Action: 14-2882 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: STERN & EISENB ° G ❑ STENBERG, ESQUIRE ❑ M. TRO / EDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE if -ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) 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 for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC v. Robert A. Patrick Tammy L. Patrick Defendant(s) Civil Action: 14-2882 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) Robert A. Patrick and Tammy L. Patrick 1130 2nd Street a/k/a 130 2nd Street Enola, PA 17025-3264 (Defendant(s)) BY: STERN & EISENBER EVEN K. EISE : ERG, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ JESLIE J. RASE, 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. VS. ❑ Confessed Judgment Plaintiff . ❑ Other File No. 14-2882 Civil Robert A. Patrick, Tammy L. Patrick Defendant Address: 1130 2nd Street a/k/a 130 2nd Street Enola, PA 17025-3264 TO THE PROTHONOTARY OF THE SAID COURT: - Amount Due $ 50,859.99 . 710r Interest Atty's Comm co Costs —4 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) 1130 2nd Street a/k/a 130 2nd Street, Enola, PA 17025-3264 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). ❑ (Indicate) Index this writ against the garnishee (s) as a lis penden defendant(s) described in the attached exhibit. Date 08/13/2014 Signature: fb3•�1S �l �l \Q, , SO \�Ll Print Name: Address: Attorney for: Telephone: Supreme Court ID No: 312314 gal st re Andrew J. ley 1581 Mainite 200 Warring on, PA 18976 Plaintiff 215-572-8111 a..s-b.x12 Li. ALL THAT CERTAIN lot, parcel or tract of land situate in East Pennsboro Township (formerly West Fairview Borough), Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a pin in the western line of Second Street Seventy -Four Feet Seven and One - Half Inches (74'7-1/2") South of the southwest corner of Second and North Streets; thence southwardly along the western line of Second Street Fifteen and Thirty -Eight Hundredths (15.38) feet to a hole in the walk at or opposite the center of the partition walL.dividing properties known as 128 and 1310 Second Street; thence westwardly through the center of the partition dividing properties known as 128 and 130 Second Street and beyond One Hundred Thirty -Nine (139) feet to a pin in the eastern line of a Sixteen (16) feet wide alley; thence northwardly along the eastern line of said Sixteen (16) feet wide alley Fifteen and Thirty -Eight Hundredths (15.38) feet to a pin; thence eastwardly along lands now or formerly of Emina Langletz Estate One Hundred Thirty -Nine (139) feet to a pin, the point and place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling and frame garage. BEING KNOWN AS 1130 2" Street a/k/a 130 2" Street, Enola, PA 17025-3264 BEING the same premises which Eloy M. Mazo, single man, and Justin R. Keppy and Nicole Crum-Mazo, now by marriage Nicole Keppy, husband and wife, by Deed dated January 22, 2003 and recorded February 11, 2003 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 255 Page 3701, granted and conveyed unto Robert A. Patrick and Tammy L. Patrick, husband and wife. PARCEL NO. 45-17-1044-229 ALL THAT CERTAIN lot, parcel or tract of land situate in East Pennsboro Township (formerly West Fairview Borough), Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a pin in the western line of Second Street Seventy -Four Feet Seven and One - Half inches (74'7-1/2") South of the southwest corner of Second and North Streets; thence southwardly along the western line of Second Street Fifteen and Thirty -Eight Hundredths (15.38) feet to a hole in the walk at or opposite the center of the partition walkdividing properties known as 128 and 130 Second Street; thence westwardly through the center of the partition wall dividing properties known as 128 and 130 Second Street and beyond One Hundred Thirty -Nine (139) feet to a pin in the eastern line of a Sixteen (16) feet wide alley; thence northwardly along the eastern line of said Sixteen (16) feet wide alley Fifteen and Thirty -Eight Hundredths (15.38) feet to a pin; thence eastwardly along lands now or formerly of Emina Langletz Estate One Hundred Thirty -Nine (139) feet to a pin, the point and place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling and frame garage. BEING KNOWN AS 1130 2nd Street a/k/a 130 2nd Street, Enola, PA 17025-3264 BEING the same premises which Eloy M. Mazo, single man, and Justin R. Keppy and Nicole Crum-Mazo, now by marriage Nicole Keppy, husband and wife, by Deed dated January 22, 2003 and recorded February 11, 2003 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 255 Page 3701, granted and conveyed unto Robert A. Patrick and Tammy L. Patrick, husband and wife. PARCEL NO. 45-17-1044-229 STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) 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) 284 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC V Robert A. Patrick Tammy L. Patrick Defendant(s) Civil Action: 14-2882 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 1130 2"d Street a/k/a 130 2"d Street, Enola, PA 17025-3264 1. Name and address of Owner(s) or Reputed Owner(s): Robert A. Patrick and Tammy L. Patrick 1130 2nd Street a/k/a 130 2nd Street Enola, PA 17025-3264 2. Name and address of Defendant(s) in the judgment: Robert A. Patrick and Tammy L. Patrick 1130 2"d Street a/k/a 130 2nd Street Enola, PA 17025-3264 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Citibank (South Dakota), N.A. 701 East 60`h Street N Sioux Falls, SD 57117 Cumberland County Adult Probation 37 East High Street Carlisle, PA 17013 Asset Acceptance, LLC assignee of Wells Fargo Bank c/o Fulton, Friedman & Gullace, LLP 130 B Gettysburg Pike Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: N/A 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 Tenant(s)/Occupant(s) 1130 2nd Street a/k/a 130 2"d Street Enola, PA 17025-3264 Tax Claim Bureau Cumberland County Courthouse One Courthouse Street Carlisle, PA 17013 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: August 13, 2014 STERN BY: Sworn to and subscribed before me This 13th Day of August, 2014. 1 • NANEA NOTARIAL SEAL HELEN CAPASSO, Notary Public Warrington Twp., Bucks County My Commission Expires October 21, 2016 PC o S VEN K. EIS /BERG, ESQUIRE ID M. TROY FRE AN, AN, ESQUIRE ID JACQUELINE F. McNALLY, ESQUIRE o ESLIE J. RASE, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) 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) /f leo fir, 'No ESC 1; ND PENNSYI VANIU 1T H IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC v. Robert A. Patrick Tammy L. Patrick Defendant(s) Civil Action: 14-2882 Civil MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Robert A. Patrick 1130 2nd Street a/k/a 130 2nd Street Enola, PA 17025-3264 Tammy L. Patrick 1130 2nd Street a/k/a 130 2nd Street Enola, PA 17025-3264 Your real estate at 1130 2nd Street a/k/a 130 2°1 Street, Enola, PA 17025-3264 is scheduled to be sold at Sheriffs Sale on Wednesday, December 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 $50,859.99 obtained by Deutsche Bank National Trust Company, as Trustee, by its servicer, Ocwen Loan Servicing LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern & Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern & Eisenberg PC, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you -will have of stopping the sale. (See notice on page two on how to obtain an »ttorney.) . . 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) 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 for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC v. Robert A. Patrick Tammy L. Patrick Defendant(s) Civil Action: 14-2882 Civil MORTGAGE FORECLOSURE RE: PREMISES: 1130 2"d Street a/k/a 130 2" Street, Enola, PA 17025-3264 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, December 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 $50,859.99 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. August 13, 2014 BY: STERN & EISE ❑ VEN K. IS : ERG, ESQUIRE ❑ M. TROY F'. DMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE [❑ ESLIE J. RASE, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN lot, parcel or tract of land situate in East Pennsboro Township (formerly West Fairview Borough), Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a pin in the western line of Second Street Seventy -Four Feet Seven and One - Half Inches (74'7-1/2") South of the southwest corner of Second and North Streets; thence southwardly along the western line of Second Street Fifteen and Thirty -Eight Hundredths (15.38) feet to a hole in the walk at or opposite the center of the partition wall..dividing properties known a's 128 and 130 Secon&Street; thence westwardly through the center of the partition wall • — dividing properties known as 128 and 130 Second Street and beyond One Hundred Thirty -Nine (139) feet to a pin in the eastern line of a Sixteen (16) feet wide alley; thence northwardly along the eastern line of said Sixteen (16) feet wide alley Fifteen and Thirty -Eight Hundredths (15.38) feet to a pin; thence eastwardly along lands now or formerly of EmMa Langletz Estate One Hundred Thirty -Nine (139) feet to a pin, the point and place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling and frame garage. BEING KNOWN AS 1130 2"d Street a/k/a 130 2"d Street, Enola, PA 17025-3264 BEING the same premises which Eloy M. Mazo, single man, and Justin R. Keppy and Nicole Crum-Mazo, now by marriage Nicole Keppy, husband and wife, by Deed dated January 22, 2003 and recorded February 11, 2003 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 255 Page 3701, granted and conveyed unto Robert A. Patrick and Tammy L. Patrick, husband and wife. PARCEL NO. 45-17-1044-229 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 COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES, INC. QUEST TRUST 2003-X2, ASSET BACKED CERTIFICATES, SERIES 2003-X2, BY ITS SERVICER, OCWEN LOAN SERVICING, LLC Vs. NO 2014-2882 Civil Term CIVIL ACTION — LAW ROBERT A. PATRICK TAMMY L. PATRICK WRIT OF EXECUTION 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: $50,859.99 Interest Atty's Comm: Atty Paid: $210.19 Plaintiff Paid: Date: 8/18/14 (Seal) REQUESTING PARTY: Name: ANDREW J. MARLEY, ESQUIRE Address: STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 312314 L.L.: $.50 Due Prothy: $2.25 Other Costs: David D. Buell, Pr•: honotary By: Deputy 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 OF 1 t 1`�1j 0 E in t,, 21711 OCTcut laE„ 100 '} Ls/, (COUNSEL FOR PLAINTIFF) _ i 'RE BiuRi" OF COMMON PLEAS`OFPENNSYLVANIA- FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC v. Robert A. Patrick Tammy L. Patrick Defendant(s) Civil Action Number: 14-2882 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 September 29, 2014. I further certify that notice of the Sheriffs Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on September 29, 2014, as evidenced by copy of certificates of mailing attached. 9/30/14 STERN & EISENBERG, PC J EDWARD J. MCKEE Attorney for Plaintiff BY: m .a- cr O C3 C3 t.r1 ru ru m rd n Name and Address of Sender STERN & EISENBERG 1581 Main Street, Suite 200 Warington, PA 18976 LinePostage �E Fee 1 Robert A. Patrick, 11.130 2nd St. a/k/a 130 2nd St., Enola, PA 17025-3264 2 Tammy L. Patrick, 1130 2nd St. a/k/a 130 2nd St., Enola, PA 17025-3264 3 Citibank (South Dak a) N.A., 701 E. 60th St. N., Sioux Falls, SD 57117 4 Cumberland County `. dult Probation, 37 E. High St., Carlisle, PA 17013 5 Asset Acceptance LLC assignee of Wells Fargo Bank c/o Fulton, Friedman & Gullace LLP 130 B Gettysburg Pike, Mechanicsburg, PA 17055 6 PA Dept. of Revenue, Bureau of Compliance, Box 281230, Harrisburg, Pa 17128 7 Domestic Relations ---,-Cumberland County, 13 N. Hanover St., Carlisle, PA 17013 8 Tax Claim Bureau, Cumberland County Courthouse, One Courthouse St., Carlisle, PA 17013 9 Tenant(s)/Occupant(s), 1130 2nd St. a/k/a 130 2nd St., Enola, PA 17025-3264 . U.S. Postal Service,. U.S. Postal Service,. RECEIPT CERTIFIED MAILTM CERTIFIED MAIL.TM RECEIPT (Domestic Mall Only; No insurance Coverage Provided) (Domestic Mall Only; No insurance Coverage Provided) ra For delivery information visit our website at www usps.come m For delivery information visit our website at www.usps.come l . ro �. Postage $ Zr rF' Postage S Certified Fee • LI Certified Fee c-3 Return Receipt Feeli (Endorsement Required) Postmark Here • U Rowe Receipt Fee O (Endorsement Required) Postmark Here Restricted Delivery Fee I U Restricted Delivery Foe (Endorsement Required) !' (Endorsement Required) O Total Postage & Fees $ Ln RI Intal Postage & $ Fees ru Sent To fLa rf • P Street Apt. Ne.; { .: a PO Box No. I { Zo "f N_c - S-1— i .State LIP+�t! V rr th 11 OZ5 15021-Idf } Y !,� 3 0 r'- Scntly !Qom _---L.----Pa$r__icx Street, Apt. N; or P°6°x ox No. ( /? / (/ 1 �% c ------- ZIP+4 Liao--_ ..d. _ __ �!-C_!_'_14__M_a!___.�E� _J y Sate . 0 • PS Form 3800, August 2006 ! See Reverse for Instructions; P$ Form 3800, August 2006 See Reverse for Instructions S. POSTAGE ),» PITNEY BOWES mow. . a_ ea ar.r... err 'LIP 18976 $ 004.23° 02 1'( 0001371685 SEP 29 2014 (CONTINUED SALE DATE 3/4/2015) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY c CIVIL ACTION -LAW -b a rq cn C U --p Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC. V. Robert A. Patrick Tammy L. Patrick Defendant(s) 3 1v .r- �a Civil Action Number: •S ISI-a$8a NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for December 3, 2014 in the above -captioned matter has been continued until March 4, 2014. BY: J Edward J. McKee, Esquire #31:721 (Attorney for Plaintiff) STERN & EISENBERG, PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215) 572-8111 DATE: I 7 I tl (7) _1 r� (CONTINUED SALE DATE 3/4/2015) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Quest Trust 2003-X2, Asset Backed Certificates, Series 2003-X2, by its servicer, Ocwen Loan Servicing LLC. v. Robert A. Patrick Tammy L. Patrick Defendant(s) 141488a -4_ Civil Action Number:11-0. NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for December 3, 2014 in the above -captioned matter has been continued until March 4, 2015. BY: Edward J. McKee, Esquire #3 6721 (Attorney for Plaintiff) STERN & EISENBERG, PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215) 572-8111 DATE: