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HomeMy WebLinkAbout14-3496 Supreme Couff-UT:Pennsylvania > 62 Cour oUComm-ons Pleas For Prothonotary Use Only: CliilCoe�r,SQ�h6et Docket No: % . ' t J Cui e`Iand l County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S IIX Complaint Eli Writ of Summons JI Petition Transfer from Another Jurisdiction rJi Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Ocwen Loan Servicing, LLC Benjamin &Jamie Koppenhaver Dollar Amount Requested: ®within arbitration limits I Are money damages requested? [x_l Yes CJI No (check one) M outside arbitration limits O N Is this a Class Action Suit? Cl Yes I_Xl No Is this an MDJAppeal? 0 Yes IX! No A Name of Plaintiff/Appel lant'st �9ey:Andrew ! Marled! ❑ Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"V 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 ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle Il Debt Collection: Other 0 Board of Elections ❑ Nuisance I1 Dept.of Transportation S 7 Premises Liability J Statutory Appeal: Other ❑❑ Product Liability (does not include Q Employment Dispute: E mass tort) MIJ Slander/Libel/Defamation Discrimination C J Other: Employment Dispute:Other Zoning Board ,I, El Other: I ❑ Other: O MASS TORT FIAI Asbestos N ❑ Tobacco FLI Toxic Tort-DES FLI Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste (Ji Ejectment E ❑ Other: � � ❑❑ Common Law/Statutory Arbitration B Eminent Domain/Condemnation Declaratory Judgment El Ground Rent 0 Mandamus '❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations X Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto iJ Dental FJ Partition ®Replevin 0 Legal CV Quiet Title Other: u=; Medical 0 Other: `l Other Professional: Updated 1/1/2011 STEVEN K.EISENBERq ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) ANDREW J.MARLEY,ESQUIRE(312314) P ` .�R STERN&EISENBERG,PC '_ 3'(,� U 4,j 1581 MAIN STREET,SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY 1 Ocwen Loan Servicing,LLC Civil Action Number: 'l .. J�°�� � vl 1661,Worthington Road West Palm Beach,FL 33409 (Plaintiff) V. Complaint in Mortgage Foreclosure Benjamin J Koppenhaver 2828 West Rosegarden Boulevard Mechanicsburg,PA 17055 and Jamie L Koppenhaver 2828 West Rosegarden Boulevard Mechanicsburg,PA 17055 (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 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. Dc# (ab � 3a71ac 12- IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle,PA 17413 (800)990-9108 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE.EsovIRF(583651 _ ANDREW J.MARLEY,ESQUIRE(312314) STERN&EISENBERQ PC 1581 MAIN STREET,SUI'T'E 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Oewen Loan Servicing,LLC Civil Action Number: 1661,Worthington Road West Palm Beach,FL 33409 (Plaintiff) V. Complaint in Mortgage Foreclosure Benjamin J Koppenhaver 2828 West Rosegarden Boulevard Mechanicsburg,PA 17055 and Jamie L Koppenhaver 2828 West Rosegarden Boulevard Mechanicsburg,PA 17055 (Defendant(s)) CIVIL ACTION—MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend Le han demandado a usted en la conte. Si usted quiere against the claims set forth in the following pages,you defenderse de estas demandas expuestas en las paginas must take action within twenty(20)days after this siguientes,usted tiene veinte(20)dias de plazo al complaint and notice are served by entering a written partir de la fecha de la demanda y la notificacion.Hace appearance personally or by attorney and filing in falta asentar una comparencia escrita o en persona o writing with the court your defenses or objections to con un abogado y entregar a la corte en forma escrita the claims set forth against you. You are warned that if sus defensas o sus objeciones a las demandas en contra you fail to do so the case may proceed without you and de su persona. Sea avisado que si usted no se defiende, a judgment may be entered against you by the court la conte tomara medidas y puede continuar la demanda without further notice for any money claimed in the en contra suya sin previo aviso o notificacion. complaint or,for any other claim or relief requested by Ademas,la carte puede decidir a favor del demandante the plaintiff. You may lose money or property or other y requiere que usted cumpla con todas las provisiones rights important to you. de esta demanda.Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, Lleva esta demanda a un abogado inmediatamente. Si OR CANNOT AFFORD ONE,GO TO OR no tiene abogado o si no tiene el dinero suficiente de TELEPHONE THE OFFICE SET FORTH BELOW pagar tal servicio,vaya en persona o Mame por telefono TO FIND OUT WHERE YOU CAN GET LEGAL a la oficina cuya direccion se encuentra escrita abajo HELP. THIS OFFICE CAN PROVIDE YOU WITH para averiguar donde se puede conseguir asistencia INFORMATION ABOUT HIRING A LAWYER. legal. IF YOU CANNOTAFFORD TO HIRE A LAWYER THIS OFFICE MAYBEABLE TO PROVIDE YOU WITHINFORMATIONABOUTAGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA REDUCED FEE OR NO FEE. Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia a Informacion Legal) Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle,PA 17013 (800)990-9108 NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU.WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty(30)days of receipt of this Ietter,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 LETTERJNOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY(AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE(OR OTHER SECURED OBLIGATION)AND HAVE NOT REAFFIRMED THE DEBT)THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT,BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY(SECURED PROPERTY). STEVEN K.EISENBERq ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LEST.TR I R Acc P4ZnTITRR(58365) 't ANDREW J.MARLEY,ESQUIRE(312314) $.,TERN&EISENBERQ PC I581 MAIN STREET,SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE:(215)572-8111 FACSIMILE:,(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Ocwen Loan Servicing,LLC Civil Action Number: 1661,Worthington Road West Palm Beach,FL 33409 (Plaintiff) V. Complaint in Mortgage Foreclosure Benjamin J Koppenhaver 2828 West Rosegarden Boulevard Mechanicsburg,PA 17055 and Jamie L Koppenhaver 2828 West Rosegarden Boulevard Mechanicsburg,PA 17055 (Defendant(s)) - COMPLAINT CIVIL ACTION—MORTGAGE FORECLOSURE I. Plaintiff is Ocwen Loan Servicing, LLC(hereinafter referred to as"Ocwen Loan Servicing,LLC')with offices located at 1661,Worthington Road,West Palm Beach,FL 334,09. 2. The Defendant(s), Benjamin J Koppenhaver and Jamie L Koppenhaver,adult individuals with a last- known address of 2828 West Rosegarden Boulevard,Mechanicsburg,PA 17055 and 2828 West Rosegarden Boulevard,Mechanicsburg,PA 17055 and. 3. Under the date of 01/29/2009,defendants,Benjamin J Koppenhaver and Jamie L Koppenhaver,executed and delivered to Mortgage Electronic Registration Systems, Inc,as nominee for American Home Bank a Division of First National Bank of Chester County, its successors and assigns a mortgage upon the property 2828 West Rosegarden Boulevard,Mechanicsburg,PA 17055(the "Property")to secure the payment of the sum of$167,069.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 02/26/2009,at instrument 2009053.40,,and is incorporated herein by reference as though set forth at length herein. A true and accurate copy of said Mortgage is attached hereto and made a part hereof as Exhibit"A." 4. An assignment transferring the mortgage to GMAC Mortgage,LLC was duly recorded on January 17, 2013,at instrument 201301860,in the office of the Recorder of Deeds of Cumberland County, Pennsylvania. The recorded assignment is hereby incorporated by reference as a document filed with the County. 5. An assignment transferring the mortgage from GMAC Mortgage,LLC to Plaintiff was duly recorded on April 29,2013,at instrument 201313873,in the office of the Recorder of Deeds of Cumberland County, Pennsylvania. The recorded assignment is hereby incorporated by reference as a document filed with the County. 6. Defendant(s)are the real owners of Property 2828 West Rosegarden Boulevard,Mechanicsburg,PA 17055. 7. In accordance with Pennsylvania law,the required pre-foreclosure notice(under Act 91/Act 6 as may be applicable),was sent to the defendant(s)and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto,made a part hereof,and marked as Exhibit"B." 8. The said loan is in default as a result of the failure to pay the monthly installment of$1,296.51 due on December 1,2013 and each month thereafter. 9. The following is due on the loan to 4/30/2014: PRINCIPAL BALANCE:...........................................................................$154,181.42 INTEREST TO THE DATE OF 04/30/2014 AT THE CURRENT RATE OF 5.00000....................................................$4,496.94 ESCROWADVANCES: ............................................................................$671.70 PROPERTY INSPECTION:.......................................................................$61.88 LATE CHARGES ACCRUED THRU 04/30/2014 OF:.............................$265.20 UNAPPLIED FUNDS...........................................................................$883.67 TOTALDUE........................................................................................$158,793.47 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,Ocwen Loan Servicing,LLC requests this Court to enter judgment,IN REM, for foreclosure of the mortgaged property for the sum of$158,793.47 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. Respectful! tib itte•--- By: Steven K.Eisenber , sqpiKe(75736) O M.Troy Freedm ,35ire(85165) ❑ Elie J.Rase quire(58365) 21rdrew J. Marley,Esquire(312314) tern&Eisenberg,PC 1581 Main Street,Suite 200 The Shops at Valley Square Warrington,PA 18976 Phone: (215)572-8111 Facsimile: (215)572-5025 tfreedman@sterneisenberg.com Date: Re: Benjamin J Kollpppenhaver Jamie L Koppenhaver 2828 West Rosegarden Boulevard,Mechanicsburg,PA 17055 XXXXXX6233 o VERIFICATION 1, 6�at1�aQ�L1CC hereby state that I am of Oewen Loan Servicing,LLC,Plaintiff in this matter. Ocwen Loan Servicing,LLC maintains and is in control of all documents and records supporting the statements in the foregoing complaint and therefore 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. Iq Name:Me n Paolucc Title: KTOPMO Oewen Loan Servicing,LLC PREPARED BY: AMERICAN HOME BANK A DIVISION OF �O�BGR FIRST NATIONAL BANK OF CHESTER COUNTY 3840 HEMPLAND ROAD,MOUNTVILLE,PA 17554 RECORD AND RETURN TO American Home Bank a division of First National Bank of Chester County 3840 Hempland Road Mountville,PA 17554 ATTN: FINAL DOCUMENTS Parcel lD #/UPI#: 42-31-2153-008 [Space Above This Line For Recording Data] Commonwealth of Pennsylvania MORTGAGE FHA Case No. 441-8826735 MIN 1003252-0000404899-9 Loan ID # 0000500710 THIS MORTGAGE("Security Instrument") is given on January 29th, 2009 The Mortgagor is BENJAMIN J KOPPENHAVER AND JAMIE L KOPPENHAVER, HUSBAND AND WIFE ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as morgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of 3300 S.W. 34th Avenue, Suite 101, Ocala, FL 34474 and P.O. Box 2026, Flint, Michigan 48501-2026, tel. (888) 679-MERS. American Home Bank a division of First National Bank of Chester County , ("Lender") is organized and existing under the laws of UNITED STATES OF AMERICA and has an address of 3840 Hempland Road , Mountville, PA 17554 Borrower owes Lender the principal sum of One Hundred Sixty Seven Thousand Sixty Nine and no/100- - - - - - - - - - - Dollars(U.S. $167,069.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on February 1st, 2039 This Security Instrument secures to Lender: (a)the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS(solely as nominee for Lender and Lender's successors and assigns)and to the successors and assigns of MERS, the following described property located in Cumberland County, Pennsylvania: Initials: FHA Pennsylvania Mortgage with MERS-4/96 Amended 6/02 PAFMM1-05202009 Page 1 of 9 www.ProCtose.com EXHIBIT Loan ID # 0000500710 SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A". which has the address of 2828 West Rosegarden Boulevard, Mechanicsburg , [Street] [City] Pennsylvania 17055 ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late.charges, a sum for(a) taxes and special assessments levied or to be levied against the Property, (b)leasehold payments or ground rents on the Property, and (c)premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance.premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i)a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or(ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items"and the sums paid to Lender are called "Escrow Funds." Initials• �- PAFMM2-05202009 Page 2 of 9 m4w.ProClose.com Loan ID # 0000500710 Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24'CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items(a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and(c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by.Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under dhe Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either(a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or(b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal Initials: PAFMM3-05202008 Page 3 of 9 ProClose.com Loan ID # 0000500710 residence within sixty days after the execution of this Security Instrument(or within sixty days of a later sale or transfer of the Property)and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow die Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes,hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. 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 dhe lien in a mariner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in,.legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or(c) secures from the holder of the Iien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Fees. Lender may collect fees and charges authorized by the Secretary. Initials: PAFMM4.05202008 Page 4 of 9 .ProClosexom Loan ID # 0000500710 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law(including Section 341(d)of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d))and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property; is sold or otherwise transferred(other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD.Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration.or foreclosure if not permitted by regulations of die Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note,shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or(iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or Initials: PAFMMS-05202008 Page 5 of 9 www.ProClose.com Loan ID # 0000500710 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound;Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a)is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. 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. To this end the provisions of this Security Instrument and the Note are declared to be severable_ 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence,use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial.actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is Iocated that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hiitials: PAFMM6.05202008 Page 6 of 9 www.ProClose.com Loan ID # 0000500710 hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However,prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and(c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assigrunent of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18,including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. 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 without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable haw, 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. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22. 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. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ❑ Condominium Rider ❑ Growing Equity Bider ❑ Other[specify] ❑ Planned Unit Development Rider ❑ Graduated Payment Rider Initials: oClose.com PAFMM7-05202008 Page 7 of 9 ww-A,.Pr Loan ID # 0000500710 This is a contract under seal and may be enforced under 42 PA C.S. Section 5529(b). BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: (Seal) Ben ja;Ki xoppenhaver -Borrower (Seal) J ie L Koppenhaver -Borrower J (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: On this, 29th day of January, 2009 ;before me, the undersigned officer,personally appeared Benjamin J Koppenhaver and Jamie L Koppenhaver known to me(or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission Expires: / �� �c .v - f f�� v my CA!ri� �„„�,;by:�� itle of Officer PAFM 8-05202008 OT f 9 www.ProClosexom Loan ID # 0000500710 Certificate of Residence I do certify that the correct address of the within-named mortgagee is 3840 Hempland Road , Mountville, PA 17554 Witness my hand this 29th day of January, 2009 t Agent of rtgagee Initials: PAFMM9-05202008 Page 9 of 9 .ProClosexom Exhibit A Legal Description 2828 West Rosegarden Boulevard Mechanicsburg, PA 17055 Parcel No.:42-31-2153-008 ALL that certain lot of ground situate in the Tam ship of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follove, to wit: BE67MING at a point in the Western line of Rosegarden Boulevard (Nest) 60 feet snide, which said point is in the divisi.en line between Lots'Nos, 14 and 15 on the hereinafter mentioned Plan of Lots; thence extending along the Western line of Rosegarden Boulevard (West), North 09 degrees 04 minutes 05 seconds West 75.0 feet to a,point at corner of Lot Nos. lb on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots Noe. 15 and 16 on said Plan, south 80 degrees 55 minutes 55 seconds West, 134.0 feet to a point; thence extending slong the line of other lands now or formerly of H.S. Service Corporation, of which this is a part. South 09 degrees 04 minutes 05 seconds East, 75.0 feet to a point at corner of Lot No. 14 on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots Nos. 14 and 15 on said Plan. North 80 degrees 55 minutes 55 seconds East, 134.0 feet to a point in the Western line of Rosegarden Boulevard (West) aforementioned, at the point and place of Beginning. i t ROBERT P. ZIEGLER RECORDER OF DEEDS : - CUMBERLAND COUNTY - . .. 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number-200905340 Recorded On 2/26/2009 At 10:24:41 AM *Total Pages- 11 *Instrument Type-MORTGAGE Invoice Number-37937 User ID-RAK *Mortgagor-KOPPENHAVER,BENJAMIN J *Mortgagee-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC *Customer-GREAT RD *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES - $23.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $60.50 I Certify this to be recorded in Cumberland County PA 4i c�otrye@ © v RECORDER O D EDS *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 00011GR Prepared By. 3A7H Lisa Vang Q0 2925 County Drive St. Paul,MN 55117 When Recorded Return.To: Indecomm Global Services 2925 Country Drive St. Paul,MN 55117 PIN:42.31.2153.008 MIN: 100325200004048999 MERS Phone:888-679-6377 Assignment of Mortgage Dated:January 11,2013 For value received Mortgage Electronic Registration Systems,Inc.,as nominee for American Home Bank a Division of First National Bank of Chester County,its successors and assigns, 1901 E Voorhees Street,Suite C,Danville,IL 61834 or P.O. Box 2026,Flint, MI 48501-2026,the undersigned hereby grants,assigns and transfers to GMAC Mortgage,LLC,1100 Virginia Drive, Fort Washington, PA 19034, all beneficial interest under a certain Mortgage dated January 29,2009 executed by BENJAMIN J KOPPENHAVER AND JAMIE L KOPPENHAER and recorded in Book XX on Page(s)XX as Document Number 200905340 on February 26, 2009 in the office of the County Recorder of Cumberland County,Pennsylvania. MORTGAGE AMOUNT:$167,069.00 MUNICIPALITY:Upper Allen Township PROPERTY ADDRESS:2828 West Rosegarden Boulevard, Mechanicsburg, PA 17055 Certificate of Residence t,Mary Hall,do hereby certify that the precise address of the within-named Assignee is 1100 Virginia Drive,Fort Washington,PA 19034. Dated:January 11,2013 Mary Hall,Age of Assignee Page 1 Mortgage Electronic Registration Systems, Inc.,as nominee for American Home Bank a Division of First National Bank of Chester County, its successors and assigns By: Mary Mall, Assistant Secretary II llII ++ ++pppp llII ++ ii ++ ff NN{ STATE OF Minnesota COUNTY Ramsey )SS `U03364709* On January 11,2013 before me, Pang Mee Yang ,Notary Public in and for said State personally appeared Mary Hall ,Assistant Secretary of Mortgage Electronic Registration Systems,Inc.,, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the entity upon behalf of which the person acted,executed the instrument. WITNESS m hand and official seal. nnnn��n #PANG MEE YANG oterry Publ"InnesotaPang ee Yang, o a ublic 00MM *n EqW Jon$1.2017 My Co mission expires:January 31,2017 Page 2 Ocwen Loan Servicing,LLC PO Box 780 3451 Hammond Avenue' Waterloo IA 50704-0780 Date: 03/03/14 ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default,and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. HOMEOWNER'S NAME(S): JAMIE L KOPPENHAVER ADDRESS: 2828 WEST ROSEGARDEN BOULEVARD MECHANICSBURG PA 17055 LOAN ACCT.NO.: 0602276233 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. 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:2828 WEST ROSEGARDEN BOULEVARD MECHANICSBURG PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12/01/13 through 03/01/14.See attached Exhibit for payment breakdown. Monthly Payments $ 5186.04 Late Charges $ 511.04 NSF $ 0.00 Inspections $ 61.88 Other(Default Expenses and Fees). $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 5758.96 HOW TO CURE THE DEFAULT—You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,WHICH IS $ 5758.96,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 or certified check made payable and sent to: Ocwen Loan Servicing,LLC ATTN: Payment Processing PO Box 780 3451 Hammond Avenue Waterloo ,IA 50704-0780 EXHIBIT IF YOU DO NOT CURE THE DEFAULT—If you do not cure the default within THIRTY(30)DAYS of the date of this Notice,the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire - outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS,the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON—The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys,but you cure the delinquency before the lender begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred,up to $50.00. However,if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAYS period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES—The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE—If you have not cured the default within the THIRTY(30)DAY period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time-up to one-hour before the Sheriff'.s Sale. You may do so by paying the total amount then past.due,plus._ . any late or other charges then due,reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six(6)months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Ocwen Loan Servicing,LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas,TX 75204 Phone Number: 800-850-4622 Fax Number: 866-709-4744 Contact Person: Collection 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 Sheriff's Sale,a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE—You MAY or MAY NOT 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 FEDERAL BANKRUPTCY_LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan,please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5037 EXHIBIT 12/01/13 through 03/01/14. Mo.Pmt.Amt. $ 1296.51 Ocwen Loan Servicing,LLC . • PO Box 780 3451 Hammond Avenue Waterloo IA 50704-0780 Date: 03/03/14 ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default,and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. HOMEOWNER'S NAME(S): BENJAMIN J KOPPENHAVER ADDRESS: 2828 WEST ROSEGARDEN BOULEVARD MECHANICSBURG PA 17055 LOAN ACCT.NO.: 0602276233 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.-- HOW HE-DEBT.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:2828 WEST ROSEGARDEN BOULEVARD MECHANICSBURG PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12/01/13 through 03/01/14.See attached Exhibit for payment breakdown. Monthly Payments $ 5186.04 Late Charges $ 511.04 NSF $ 0.00 Inspections $ 61.88 Other(Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 5758.96 HOW TO CURE THE DEFAULT—You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,WHICH IS $ 5758.96,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 or certified check made payable and sent to: Ocwen Loan Servicing,LLC ATTN: Payment Processing PO Box 780 3451 Hammond Avenue Waterloo JA 50704-0780 IF YOU DO NOT CURE THE DEFAULT—If you do not cure the default within THIRTY(30)DAYS of the date of this Notice,the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS,the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON—The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys,but you cure the delinquency before the lender begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred,up to $50.00. However,if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAYS period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES—The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE—If you have not cured the default within the THIRTY(30)DAY period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheriff s_Sale._You may do so by paving the total amount then past due,plus- any late or other charges then due,reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six(6)months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Ocwen Loan Servicing,LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas,TX 75204 Phone Number: 800-850-4622 Fax Number: 866-709-4744 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE—You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale,a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE_You MAY or MAY NOT 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_PROTECTI.ON UNDER FEDERAL BANKRUPTCY LAW.- CONSUMER AW._CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan,please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. 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I•l''_ - - - - _ _ -'I.r 7x;.. iJ - -'' :�:r - - - - - _' - - _ - - - -_ - -- - - ri. - - - _ _ - _ :: _ ::1:- ' - _J �'I_ -- - _ - 1+ - - _ Fy' _ _ _ _ z._ - _ ___ _ .':I.: _ _ __ __.�i ...: _C= j "` ;��' �:y s -i E'. .i4�_ _ _ _ _ _ _ -L ., --- - - - - .:;f:-..:: it: - - - - _ _- _ _ _ - - _ _ __ - _ _ Wil. :i-: . ::7:/ - _ - _ _ _ __::` 1 i. .:l:. .-- _ _ _ - "' This Qoo cle explains ho��property = .. :..•:... o%irierscan avoid losing iheirhomes . :; because of Jelin ucnt 'a men Este lollefo explico a los propieianos - .- de taus tomo evifor perde su hegar -�" _:: „. .. , ;Ebi�l al ircumpliiniento eriaos g _ .,.. ,.<: AT HAPPENS WHEN I miss MY MORTGAGE PAYMENTS? Foreclosure may occur.This is the Iegal means that your lender can use to repossess(takeover)yourhome.When this happens,yon must move out of your house.If your property is worth less than the total amount you owe on your mortgage loan,a deficiency judgment could be pursued.If that happens,you not only lose your home,you also would owe HUD an additional amount. Both foreclosures and deficiency judgments could seriously affect your ability to qualify for credit in the future.So you should avoid foreclosure if possible. WHAT SHOULD 100? 7 1.DO NOT IGNORE THE LETTERS FROlvl YOUR LENDER.If you are having problems making your pay- meets,call or write to your lender's Loss Mitigation Department without delay.Explain your situation.Be prepared to provide them with financial information, such as your monthly income and expenses.Without this information,they may not be able to help. 2.Stay in your home for now.You may not qualify for assistance ifyou abandon your property. 3.Contact a HUD,approved housing counseling agency.Call 1-806-569-4287 or TDD 1-800-877-8331 for the housing counseling agency nearest you.-These agencies are valuable resources.They frequently have information on services and programs offered by Government agencies as ! well as private and community organizations that could help you.The housing counseling agency may also offer credit counseling.These services are usually free of cbarge. z- WHAT ARE MY ALTERNATMES? You may be considered for the following Special Forbearance.Your lender may be able to arrange a repayment plan based on your financial situation and may even provide for a temporary reduction or suspension of your payments.You may qualify for this if you have recently experienced a reduction in income or an increase in living expenses.You must furnish information to your lender to show thatyou would be able to meet the requirements of the new payment plan. VLortraiMModi$eation.You may be able to refinance the debt and/or intend the term of your mortgage loan.This may help you catch up by reducing the monthly payments to a more affordable level.You may qualify if you have recovered from a financial problem and can afford the new payment amount. Partial Claim Your lender may be able to work with you to obtain a one-time payment from the FHA-Insurance fund to bring your mortgage cunent. You may qualify if: 1.your loan is at least 4 months delinquent but no more than 17.months delinquent; 2.you are able to begin making full mortgage payments. When your lender files a Partial Claim, the U.S. , Department of Housing and Urban Development will pay ` your lender the amount necessary to bring your mortgage current.You must execute a Promissory Note,and a Lien will be placed on your property until the Promissory Note is paid in full- The ullThe Promissory Note is interest-free and is due when you pay off the first mortgage or when you sell the property. Pre-foreclosure sale.This will allow you to avoid foreclosure by selling your property for an amount less than the amount necessary to pay off your mortgage loan. You may qualify if. 1.the loan is at least 2 months delinquent; 2.you are able to sell your house within 3 to 5 months;and 3.anew appraisal(than your lender will obtain)shows that the value of your home meets HUD program guidelines. Deed-in 1ie¢offoreclosure.As a last resort,you may be able to voluntarily"give back"your property to the lender. This won`t save your house;but it is not as damaging to your credit rating as a foreclosure. You can qualify if- 1.you are in default and don't qualify or any of the other options; 2.your attempts at selling the house before foreclosure were unsuccessful;and 3.you don't have another FHA mortgage in default. NOW DO I KNOW IF I QUAUF'I<+'FOR e ANY OF TMSE AUERNMVES? Your lender will determine if you qualify for any of the alternatives:A housing counseling agency can also help you determine which,if any,of these options may meet your needs and also assist you in interacting with your lender. Call 1-800-569-4287orTDD 1-800-877-8339. SHOULD @ BE AWARE OF ANWHING ELSE? Yes.Beware of scams!Solutions that sound too simple or too good to be true usually are.If you're selling your home without professional guidance,beware of buyers r who try to rush you through the process.Unfortunately, - there are people who may try to take advantage of your financial difficult}.Be especially alert to the following: Equity skimming.In this type of scam,a"buyer" approaches you,offering to get you out of financial trou- ble by promising to pay off your mortgage or give you a sum of money when the property is sold.The"buyer" may suggest that you move out quickly and deed the property to him or her-The"buyer"then collects rent for a time,does not make any mortgage payments,and allows the lender to foreclose.Remember,signing over your deed to someone else does not necessarily relieve you of your obligation on your loan. Phony counseling agencies. Some groups calling themselves"counseling agencies"may approach you and offer to perform certain services for a fee.These could well be services you could do for yourself for free,such as negoti- ating a new payment plan with your lender,or pursuing a pre foreclosure sale.If you have any doubt abour paying for such services,call a HUD-approved housing counseling agency at 1-800-569-4287 or TDD 1-800-877-8339. Do this before you pay anyone or sign anything. ARE';AHEM ANY PRECAUTIONS ® 1 CAN TAKE? Here are several precautions that should help you avoid being"taken"by a scam artist: 1.Don't sign any papers you dor?t fully understand. 2.Make sure you get all"promises"in writing. 3.Beware of any contract of sale or loan assumption where you are not formally released from liability for your mortgage debt. 4.Check with a lawyer or your mortgage company before F entering into any deal involving your home. 5.If yodre selling the house yourself to avoid foreclosure, # check to see if there are any complaints against the prospective buyer:You can contact your state's Attorney t f General,the State Real Estate Commission,or the local District Attorney's Consumer Fraud Unit for this type of information. QWHAT AR9 THE MAIN POINTS I 6 ISWO LD REMEMBER? 1.Dodt lose your home and damage your credit history. 2.Call or write your mortgage lender immediately and be honest about your financial situation. 3.Stay in your Lome to make sure you qualify for assistance. 4.Arrange an appointment with a HUD-approved housing counselor to explore your options at 1-800-569-4287 or TDD 1-800-877-8339. 5.Cooperate with the counselor or lender trying to help You.- 6.Explore every alternative to keep your home. 7.Beware of scams. S.Do not sign anything you don't understand And remem- ber that signing over the deed to someone else does not necessarily relieve you of your loan obligation. Act now.Delaying can't help.If you do nothing,YOU WILL LOSE YOU RI IOME and your good credit rating. 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GC•,±1'., ..\. •a'..:,..'.�•�:��'ur'i't •c': .(., Iso-,r •i; ' - j r, - i:�' Srfi:i. 06/11/2014 12:40 TAX) P.0021009 FORM 1 IN THE COURT OF COMMON PLEAS OF. ti;M CUMBERLAND COUNTY,PENNSYLVANIA y�P car< ��yr�''II IIpps� (1y�� WW's 1 Lw I LU SVq Defendant(s) Civil 4 NOTICE OF RESID TIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which Is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MldPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial Information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet In the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference Is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MldPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial Information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference Is scheduled,you will have an opportunity to meet with a representative of your lender In an attempt to work out reasonable arrangements with your render before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE. YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submi A d: Date Signatur,e'bf Counsel for Plaintiff 06/11/2014 12:41 (TAX) P.0031009 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following Information to the best of your knowledge: CUSTOMERIPRIMARY APPLICATION Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑ No❑ Listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied: Yes❑ No❑ Mailing Address(if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people In household: How long? CO-BORROWER Mailing Address: City: State: Yip: Phone Numbers: Home: Office: Cell: Other: Email: tt of people in household: How long? FINANCIAL • • First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy?Yes❑ No❑ If yes,provide names, location of court,case number&attorney: 06/1112014 12:41 TAX) P.0041009 As Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1:Model: Year: Amount owed: Value: Automobile#2:Model: Year. Amount owed: Value: Other transportation(automobiles,boats,motorcyclesl: Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:(Please only include expenses you are currently caving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med. not covered Auto fuel/repairs Other Prop.Payment Install,Loan Payment Cable TV Child Su ort/Allm. Spending Mone Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a.Housing Counseling Agency? Yes❑ No 0 If yes, please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: 06/11/2014 12:41 TAX) P.0051009 Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)assistance? Yes❑ No❑ If yes,please Indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following Information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use/refer this Information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past.2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement(If property is currently on the market) V Copy of 2 years of federal Income tax returns V Copy of deed 06/11/2014 12:41 SAX) P.006/009 FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) vs. Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives In the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate In a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that 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 06/1112014 12:41 TAX) P.007/009 FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW,this day of ,20 ,the defendant/borrower In the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle,Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential. Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the 06/11/2014 12:41 TAX) P.0081009 Court of the defendant/borrower's failure to serve the completed form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. .3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference In person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. if the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court wl11 schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include. bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future In exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; 06111/2014 12:41 TAX) P.0091009 entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months;and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t I ,' . of 41111 Jody S Smith g , Chief Deputy =`l� S.,' Chief Richard W Stewart � t� , i U Solicitor . . PENNSYLVANIA Ocwen Loan Servicing Center, LLC Case Number vs. Jamie Koppenhaver(et al.) 2014-3496 SHERIFF'S RETURN OF SERVICE 06/12/2014 07:55 PM - Deputy Amanda Ebersole, 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: Jamie Koppenhaver at 2828 Rosegarden Boulevard West, Upper Allen Township, Mechanicsburg, PA 17055. C kly64 rt AMANDA EBERSOLE, DEPUTY 06/12/2014 07:55 PM- Deputy Amanda Ebersole, 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 Jamie Koppenhaver,wife,who accepted as"Adult Person in Charge"for Benjamin J Koppenhaver at 2828 West Rosegarden Boulevard, Monroe Township, Mechanicsburg, PA 17055. A $ 1, t, . 6 , ANDA EBERSOLE, DEPUTY SHERIFF COST: $56.28 SO ANSWERS, June 13, 2014 RONNW R ANDERSON, SHERIFF ;w- h,:i ��so-`i �',c. IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY OCWEN LOAN SERVICING, LLC 1661 Worthington Road West Palm Beach, FL 33409 Plaintiff v. BENJAMIN J. KOPPENHAVER 2828 West Rosegarden Blvd Mechanicsburg, PA 17055 and, JAMIE L. KOPPENHAVER 2828 West Rosegarden Blvd Mechanicsburg, PA 17055 Defendants : CIVIL ACTION NO. 14-3496 CIVIL NOTICE OD YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Date: % ` f -At Date: 1- 9' I L CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 enjain Or roppenhaver 2828 est Rosegarden Blvd Mechanicsburg, PA 17055 mie L. Koppenhaver 828 West Rosegarden Blvd Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY OCWEN LOAN SERVICING, LLC 1661 Worthington Road West Palm Beach, FL 33409 Plaintiff v. BENJAMIN J. KOPPENHAVER 2828 West Rosegarden Blvd Mechanicsburg, PA 17055 and, JAMIE L. KOPPENHAVER 2828 West Rosegarden Blvd Mechanicsburg, PA 17055 Defendants : CIVIL ACTION NO. 14-3496 CIVIL ANSWER TO COMPLAINT NOW COMES Defendants, BENJAMIN J. KOPPENHAVER and JAMIE L. KOPPENHAVER, and answer the Complaint in Mortgage Foreclosure as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied in part. Defendants never received an Act 91/Act 6 notice or notices. If they had, they would have cured the default. Defendants have regularly and consistently been advised by Plaintiff that a loan modification is forthcoming. Defendants were told not "to worry about a foreclosure" because of the workout that was ongoing. 8. Denied in part. Defendants' answer to paragraph 7 hereof is incorporated herein by reference. 9. Specifically denied. First, Defendants were told that during the "workout" period late charges would not accrue. The interest calculations are excessive. Also, Plaintiff is holding more than $8,000.00 in unapplied funds. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment for Defendants and against Plaintiff. NEW MATTER 10. Plaintiff assured Defendants that the instant foreclosure action would not be filed. 11. Defendants never received an Act 91/Act 6 letter. 12. If Defendants had received an Act 91/Act 6 letter they could have and would have cured the alleged default. 13. Defendants genuinely relied, to their great detriment, upon Plaintiff's assurances that the alleged default would be resolved pursuant to a loan modification and that the mortgage foreclosure action would not be filed. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment for Defendants and against Plaintiff. -1/11' e a r. "i J. Koppenhaver 2828 est Rosegarden Blvd Mechanicsburg, PA 17055 mie L. ppenhaver 828 West Rosegarden Blvd Mechanicsburg, PA 17055 VERIFICATION We, Benjamin J. Koppenhaver and Jamie L. Koppenhaver, hereby verify that the statements in the foregoing Answer and New Matter are true and correct to the best of our knowledge, information, and belief. We understand that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 7_1/7 Date:7q- I H oppenhaver mie L. oppenhaver CERTIFICATE OF SERVICE AND NOW, this /Qday of July, 2014, we, Benjamin J. Koppenhaver and Jamie L. Koppenhaver, do hereby certify that we have this day served, via first class mail, a copy of the attached Answer and New Matter to the following address: Ii 47 11' J. Koppenhaver 28 8 West Rosegarden Blvd Mechanicsburg, PA 17055 Andrew J. Marley, Esq. Stern & Eisenberg, PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 J: mie L. penhaver 828 West Rosegarden Blvd Mechanicsburg, PA 17055