HomeMy WebLinkAbout14-4323 Supreme CotrANif-Pennsylvania
Cour of CommofiA .leas For Prothonotary Use Only:
C� >il'Cover Sheet ,
�... Docket No:
Cuiibe`rland
C011ilty
4 :f t
The information collected on this form is used solely for court administration purposes. .This farm 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 0 Complaint 0 Writ of Summons 0 Petition
0 Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
U.S. Sank National Association et al. Corrine M. Mangan
T Dollar Amount Requested: Owithin arbitration limits
Are money damages requested? [D Yes 0 No (check one) Ox outside arbitration limits
0
N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes ED No
A Name of P]aintifflAppeliant's fktteniey: Acarieuv J Marley
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
Q Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment
rl Motor Vehicle 0 Debt Collection:Other [3 Board of Elections
E] Nuisance 0 Dept.of Transportation
0 Premises Liability 0 Statutory Appeal:Other
S Q Product Liability(does not include
E mass tort) Employment Dispute:
Slander/Libel/Defamation Discrimination
C Other: Employment Dispute:Other ® Zoning Board
T. 0 Other:
0 Other:
o MASS TORT
[l Asbestos
N 13 Tobacco
0 Toxic Tort-DES
[ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
Q Toxic Waste
[� Other: 0 Ejectment � Common Law/Statutory Arbitration
0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute Non-Domestic Relations
El Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
0 Legal 0 Quiet Title 0 Other:
0 Medical 0 Other:
0 Other Professional:
Updated 1/1/2011
STEVEN K. EISENBERG,ESQUIRE(75736) Cj -
M.TROY FREEDMAN, ESQUIRE(85165)
LESLIE J. RASE,ESQUIRE(58365) ? jib
ANDREW J. MARLEY,ESQUIRE(312314)
JACQUELINE F. McNALLY,ESQUIRE(201332) 4',P�
f
THOMAS F. GALLAGHER, ESQUIRE(316368) �C' ,q wI D'ACU,,
EDWARD J. McKEE,ESQUIRE(31672 1)
STERN&EISENBERG,PC
1581 MAIN STREET, SUITE 200
THE SHOPS AT VALLEY SQUARE
WARRINGTON,PA 18976
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY
US Bank National Association, as Trustee, Civil Action Number: Rq?c�
successor in interest to Bank of America,National �
Association, as Trustee, successor by merger to
LaSalle Bank National Association, as Trustee, for
Residential Asset Mortgage Products, Inc., ;Complaint in Mortgage Foreclosure
Mortgage Asset-Backed Pass-Through
Certificates, Series 2007-RP4
C/O Ocwen Loan Servicing, LLC
1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
(Plaintiff)
V.
Corrine M Mangan
41 Walnut Street
Carlisle, PA 17013-3877
(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. Ct
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c�
� ���s
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
Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
STEVEN K. EISENBERG, ESQUIRE(75736)
M.TROY FREEDMAN, ESQUIRE(85165)
LESLIE J. RASE,ESQUIRE(58365)
ANDREW J. MARLEY,ESQUIRE(312314)
JACQUELINE F. MCNALLY,ESQUIRE(201332)
THOMAS F. GALLAGHER,ESQUIRE(316368)
EDWARD J.MCKEE,ESQUIRE(316721)
STERN&EISENBERG PC
1581 MAIN STREET, SUITE 200
THE SHOPS AT VALLEY SQUARE
WARRINGTON,PA 18976
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY
US Bank National Association, as Trustee, Civil Action Number:
successor in interest to Bank of America, National '
Association, as Trustee, successor by merger to
LaSalle Bank National Association, as Trustee, for
Residential Asset Mortgage Products, Inc., Complaint in Mortgage Foreclosure
Mortgage Asset-Backed Pass-Through
Certificates, Series 2007-RP4
C/O Ocwen Loan Servicing, LLC
1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
(Plaintiff)
V.
Corrine M Mangan
41 Walnut Street
Carlisle, PA 17013-3877
I
(Defendant(s))
CIVIL ACTION —MORTGAGE FORECLOSURE
NOTICE AVISO
i
You have been sued in court. If you wish to Le han demandado a usted en la corte. Si usted
defend against the claims set forth in the ;quiere defenderse de estas demandas expuestas en
following pages, you must take action within las paginas siguientes, usted tiene veinte (20) dias
twenty (20) days after this complaint and notice de plazo al partir de la fecha de la demanda y la
are served by entering a written appearance notificacion. Hace falta asentar una comparencia
personally or by attorney and filing in writing escrita o en persona o con un abogado y entregar a
with the court your defenses or objections to the la corte en forma escrita sus defensas o sus
claims set forth against you. You are warned that objeciones a las demandas en contra de su
if you fail to do so the case may proceed without persona. Sea avisado que si usted no se defiende,
you and a judgment may be entered against you la corte tomara medidas y puede continuar la
by the court without further notice for any money :demanda en contra suya sin previo aviso o
claimed in the complaint or for any other claim or notification. Ademas, la corte puede decidir a
relief requested by the plaintiff. You may lose favor del demandante y requiere que usted cumpla
money or property or other rights important to i con todas las provisiones de esta demanda. Usted
you. 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 Lleva esta demanda a un abogado
A LAWYER, OR CANNOT AFFORD ONE, GO i inmediatamente. Si no tiene abogado o si no tiene
TO OR TELEPHONE THE OFFICE SET FORTH!el dinero suficiente de pagar tal servicio, vaya en
BELOW TO FIND OUT WHERE YOU CAN j persona o llame por telefono a la oficina cuya
GET LEGAL HELP. THIS OFFICE CAN direccion se encuentra escrita abajo para averiguar
PROVIDE YOU WITH INFORMATION donde se puede conseguir asistencia legal.
ABOUT HIRING A LAWYER.
IF YOU CANNOTAFFORD TO HIRE
LAWYER. THIS OFFICE MAYBEABLE TO
PROVIDE YOU WITH INFORMATION
ABOUTAGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS
ATA REDUCED FEE OR NO FEE.
Lawyer Referral and Information Service
(Asociacion de Licenciados Servicio de Referencia e Informacion Legal)
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
NOTICE PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.
You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty
(30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof;
otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty(30) days of
receipt of this letter, this firm will send you the name and address of the original creditor if different
from above.
IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A
DISCHARGE IN BANKRUPTCY(AFTER ENTERING INTO THE RELEVANT MORTGAGE
NOTE AND MORTGAGE (OR OTHER SECURED OBLIGATION)AND HAVE NOT
REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE
CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE
ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY(SECURED
PROPERTY).
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165)
LESLIE J. RASE,ESQUIRE(58365)
ANDREW J. MARLEY,ESQUIRE(312314)
JACQUELINE F. MCNALLY,ESQUIRE(201332)
THOMAS F. GALLAGHER,ESQUIRE(316368)
EDWARD J. McKEE, ESQUIRE(316721)
STERN&EISENBERG, PC
1581 MAIN STREET, SUITE 200
THE SHOPS AT VALLEY SQUARE
WARRINGTON,PA 18976
TELEPHONE: (215) 572-8111
FACSIMILE: (215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY
US Bank National Association, as Trustee, Civil Action Number:
successor in interest to Bank of America, National
Association, as Trustee, successor by merger to
LaSalle Bank National Association, as Trustee, for
Residential Asset Mortgage Products, Inc., Complaint in Mortgage Foreclosure
Mortgage Asset-Backed Pass-Through
Certificates, Series 2007-RP4
C/O Ocwen Loan Servicing, LLC
1661 Worthingfon Road
Suite 100
West Palm Beach, FL 33409
(Plaintiff)
V.
Corrine M Mangan
41 Walnut Street
Carlisle, PA 17013-3877
(Defendant(s))
COMPLAINT
CIVIL ACTION—MORTGAGE FORECLOSURE
1. Plaintiff is US Bank National Association, as Trustee, successor in interest to Bank of America,
National Association, as Trustee, successor by merger to LaSalle Bank National Association, as
Trustee, for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through
Certificates, Series 2007-RP4, by its servicer Ocwen Loan Servicing, LLC (hereinafter referred
to as "US Bank National Association, as Trustee") with offices located at 1661 Worthington
Road, Suite 100, West Palm Beach, FL 33409.
2. The Defendant(s), Corrine M Mangan, adult individuals with a last-known address of 41 Walnut
Street, Carlisle, PA 17013-3877.
3. Under the date of 06/29/2005, defendants, Corrine M Mangan, executed and delivered to
Option One Mortgage Corporation, a California Corporation a mortgage upon the property 41
Walnut Street, Carlisle, PA 17013-3877 (the "Property") to secure the payment of the sum of
$96,400.00. The said mortgage is recorded in the Office for the Recorder of Deeds in and for
Cumberland County, Pennsylvania on 07/06/2005, at Book 1913 at Page 3395, 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 originally Option One Mortgage Corporation, a
California Corporation (Originating Lender) is as follows:
i. Assignment from Option One Mortgage Corporation, a California Corporation to
US Bank National Association, as Trustee, successor in interest to Bank of
America,National Association, as Trustee, successor by merger to LaSalle Bank
National Association, as Trustee, for Residential Asset Mortgage Products, Inc.,
Mortgage Asset-Backed Pass-Through Certificates, Series 2007-RP4 was
prepared and is in the process of being recorded in The Office Of The Recorder
Of Deeds in and for Cumberland County, Pennsylvania.
5. Corrine M. Mangan is the real owner of Property 41 Walnut Street, Carlisle, PA 17013-3877.
6. In accordance with Pennsylvania law, the required pre-foreclosure notice (under Act 91/Act 6 as
may be applicable), was sent to the defendant(s) and no response was made in the appropriate
period of time. A true and correct copy of the aforesaid notice is attached hereto, made a part
hereof, and marked as Exhibit "B".
7. The said loan is in default as a result of the failure to pay the monthly installment of$1,008.41
due on August 01, 2013 and each month thereafter.
8. The following is due on the loan:
PRINCIPAL BALANCE: ..................................................................$87,451.24
INTEREST TO THE DATE OF 07/02/2014
AT THE CURRENT RATE OF 8.0000%
(CURRENTLY A PER DIEM OF $19.43) ........................................$7,015.55
ESCROW ADVANCES:....................................................................$1,510.81
BPOS/APPRAISALS: .......................................................................$100.00
PROPERTY INSPECTION:..............................................................$157.50
TITLECOSTS:..................................................................................$300.00
FORECLOSURE COST....................................................................$568.19
LATE CHARGES ACCRUED TO 07/02/2014:................................$565.92
(LATE CHARGES AFTER 07/02/2014 SHALL ACCRUE AT THE MONTHLY
RATE OF $35.37.)
LESS SUSPENSE BALANCE:.........................................................($91.59)
TOTALDUE:.....................................................................................$97,577.62
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, US Bank National Association, as Trustee requests this Court to enter
judgment, IN REM, for foreclosure of the mortgaged property for the sum of$97,577.62 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.
Respec ly S bmt
By:
LEI- StevenK. is erg, Esquire (75736)
❑ M. Troy edman, Esquire (85165)
.? 'Andre . Marley, Esquire (312314)
❑ Thomas F. Gallagher, Esquire (316368)
❑ Edward J. McKee, Esquire (316721)
Stern & Eisenberg, PC
1581 Main Street, Suite 200
The Shops at Valley Square
Warrington, PA 18976
Phone: (215) 572-8111
Facsimile: (215) 572-5025
Date: 2L4 , i y v
Re: Corr' e M Mangan 41 Walnut Street,Carlisle, PA 17013-3877
VERIFICATION
I, the undersigned,_Contract Management Coordinator , of Ocwen Loan Servicing,LLC("Ocwen"),the
duly authorized servicing agent for US Bank National Association,as Trustee,successor in interest to Bank of America,
National Association,as Trustee, successor by merger to LaSalle Bank National Association,as Trustee,for Residential
Asset Mortgage Products,Inc.,Mortgage Asset-Backed Pass-Through Certificates, Series 2007-RP4,am authorized to make
this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and
correct to the best of my knowledge, information and belief. Except where otherwise stated and/or based upon public
record,this verification is based upon a review of the business records regularly created,kept and maintained in the course
of Ocwen's mortgage servicing business conducted on Plaintiffs behalf.
In making this verification, I understand that it is a crime under 18 Pa.C.S. Section 4904 to make a written
statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument,which I do not
believe to be true or which I know to be false.
Name:Caroline Cochran
Title:Contract Management Coordinator
US Bank National Association,as Trustee,successor in interest to Bank of
America,National Association,as Trustee,successor by merger to LaSalle
Bank National Association,as Trustee,for Residential Asset Mortgage
Products,Inc.,Mortgage Asset-Backed Pass-Through Certificates,Series
2007-RP4,by its servicer Ocwen Loan Servicing,LLC
/* .011C
pj
PREPARED BY:
OPTION ONE MORTGAGE CORP.
P.O. BOX 57076
IRVINE, CA 92619-7076
Rr
r p TGr FF
n �,
PROPERTY ADDRESS: ;•! ,� -ER �F
41 WALNUT STREET, �•-f?f- !
,.
CARLISLE, PA 17013-3877 9ROr
JUL Il c DR ''• ,
[U J f 3 $3
Loan Number: r WHEN RECORDED MAIL TO:
Servicing Number: 001748919-6 OPTION ONE MORTGAGE CORP.
Parcel Number: 04-21-0320-433A P.O. BOX 57096
IRVINE, CA 92619-7096
(790) 790-3600
ATTN: RECORDS MANAGEMENT
Abdo M&Use Fns Ra w ft MaL
MORTGAGE
THIS MORTGAGE("Security Instrument")is given on June 29, 2005 The mortgagor is
CORRINE M MANGAN
('Borrower'). This Security Instrument is given to
Option One Mortgage Corporation, a California Corporation
Which is organized and existing under the laws of CALIFORNIA , and whose
address is
3 Ada, Irvine, CA 92618 ("Lender")
Borrower owes Lender the principal sum of
NINTY SIX THOUSAND FOUR HUNDRED
AND NO/100THs Dollars(U.S. $96,400.00 ).
This debt is evidenced by Borrowers 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 Jay 01, 2035
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 (e) the performance of Borrower's
covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby
mortgage, grant and convey to Lender the following described property located in
Cumbexland County, Pennsylvania:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF.
PENNSYLVANIA-Single Family
Page 1 of 10
PADl00l l.wp(03-24-03)
EX BIT
BK1913PG3395
.. . ...:. . ..
Loan Number: Servicing Number: 001748919-6 Date: 06/29/05
which has the address of 41 WALNUT STREET, CARLISLE
Pennsylvania 17013-3877 ("Property Address"); [street,City]
[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 COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage,grant and convey the Property and that the Property is unencumbered, except for encumbrances
of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,
subject to any encumbrances of record.
COVENANTS. Borrower and Lender covenant and agree as follows:
I. Payment of Principal and ; Pteptymeot and Labe Charges. Borrower shall promptly pay when
due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under
the Note.
2. Rends for Taxes and In mmee. Subject to applicable law or to a written waiver by Lender, Borrower
shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum
("Funds") for: (a)yearly taxes and assessments which may attain priority over this Security Instrument as a lien
on the Property;(b)yearly leasehold payments or ground rents on the Property,if any;(c)yearly hazard or property
insurance premiums;(d)yearly flood insurance premiums, if any; (e)yearly mortgage insurance premiums, if any;
and(f)any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the
payment of mortgage insurance premiums.These items are called"Escrow Items."Lender may,at any time,collect
and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may
require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended
from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets
a lesser amount. If so,.Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser
amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future-Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity(including Lender, if Lender is such an institution)or in any Federal Home Loan Bank.Lender shall apply
the Funds to pay the-Escrow Items. Lender may 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. However, Lender may require Borrower to pay a
one-time charge..fgr:an independent,real estate tax reporting service used by Lender in connection with this loan,
unless applicable.law provides.otherwise. Unless an agreement is made or applicable law requires interest to n
be
paid, Lender shall not.be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender
may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without
charge,an annual accounting of the Funds,showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security
Instrument.
Page 2 of 10
PAD10012.wp(03-24-05)
:VAf 93PG;s� 96
Loan Number:' Servicing Number: 001748919-6 Date: 06/29/05
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall
account to Borrower for the excess Funds in accordance:with the requirements of applicable law. If the amount of
the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify
Borrower in writing;and, in such ease Borrower shall pay to Lender the amount necessary to make up the
deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole
discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender,
prior to the acquisition or sale of the Property,shall apply any Funds held by Lender at the time of acquisition or
sale as a credit against the sums secured by this Security Instrument.
3. Applica6an of Paymen s. Unless applicable law provides otherwise, all payments received by Lender
under paragraphs 1 and 2 shall be applied:first,to any prepayment charges due under the Note;second,to amounts
payable under paragraph 2;third, to interest due; fourth, to principal due; and last,to any late charges due under
the Note.
4. Cbarl a; Lima. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable
to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents,
if any. Borrower shall pay these obligations in the mariner provided in paragraph 2, or if not paid in that manner,
Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender
all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly,Borrower shall
promptly furnish to Lender receipts evidencing the payments.
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;(b)contexts 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 lien
an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any
part of the Property is subject to a lien which 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.
5.Hazard or 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 floods or flooding,for which Lender requires insurance. This insurance shall be maintained in
the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen
by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain
coverage described above, .Lender may, at Lender's option, obtain coverage to protect Lender's rights in the
Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage
clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly
give to Lender all receipts.of paid premiums and renewal notices. 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,or applicable Law otherwise requires, insurance
proceeds shall be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any
such insurance proceeds, and then,at Lender's option,in such order and proportion as Lender may determine in
its sole and absolute discretion,and regardless of any impairment of security or lack thereof:(i)to the sums secured
by this Security Instrument, whether or not then due, and to such components thereof as Lender may determine in
its sole and absolute discretion;and/or(ii)to Borrower to pay the costs and expenses of necessary repairs or
Page 3 of 10 PAD10013.wp(M-24-05)
By1913PG3397
Loan Number:VW Servicing Number: 001748919-6
Date: 06/29/05
restoration of the Property to a condition satisfactory to Lender. If Borrower abandons the pro
perty,or does not
answer within 30 days a notice from Lender that the insurance carrier has offered to settle a clam!, Lender may
collect the insurance proceeds. Lender may, in its sole and absolute discretion, and regardless of any impairment
of security or'rack thereof, use ilii proceeds to repair or restore the Property or to pay the sums secured by th
ill bis
Security Instrument, whether or not then due. The 30-day period will when the notice is given,
Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change 8 the amount
of the payments. If under paragraph 21 the
Property is acquired by Lender, Borrower's right to any insurance
policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the
extent of the sums secured by this Security Instrument immediately prior to the acquisition.
If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the
Property and such insurance is not specifically required by Lender, then such insurance shall (i)name Leader as
loss payee thereunder, and(ii)be subject to the provisions of this paragraph S.
6. Ooprower
Leaseholds. Borrower �a'va'G% woe and Protecbm of the Property;Bottawer's Loan Application;
acknowledges that the Lender does not desire to make a loan to Borrower secured by this
property on the terms contained in the Note unless the property is to be occupied by Borrower as Borrowers
Peary/secondary residence. Lender makes non-owner residence loans of different terms.Borrower promises and
assures Lender that Borrower intends to occupy this property as Borrower's primary/secondary residence and that
Borrower will so occupy this Property as its sole primary/secondary residence within sixty(60)days after the date
of the Security Instrument. If Borrower breaches this promise to occupy the Property as Borrower's
primary/secondary residence, then Lender may invoke any of the following ries, in addition to the remedies
provided in the Security Instrument; (1)Declare all sums secured by the Security Instrument due and payable and
foreclose the Security Instrument,(2)Decrease the term of the loan and adjust the monthly payments under the Note
accordingly, increase the interest rate and adjust the monthl
that the principal balance y payments under the Note accordingly,or(3)require
being offered on non-owner occupied loans,reduced to a percentage of either the original purchase price or the appraised value then
Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate, or commit
waste on the Property,Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal,
is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially
impair the lien created by.this Security Instrument or Lender's security interest.Borrower may cure such a default
and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that,
in Lender's good faith determination, precludes.forfeiture of the Borrower's interest in the Property or other
material impairment of.the lien created by this Security Instrument or Lender's security interest.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 Borrowers occupancy of the
Property as a principal residence. 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,
Borrower shall,at Borrower's own expense,appear in and defend any action or proceeding
affect the Property or ang Pupated to
y portion thereof or Borrower's title thereto, the validity or priority of the lien created by
this Security Instrument,or the rights or powers of Lender with respect to this Security Instrumentor the Property.
All causes of action of Borrower, whether accrued before or after the date of this Security Instrument,for damage
or injury to the Property or any part thereof,.or in .. his
with any transaction financed in whole or in part by
the proceeds of the Note or any other note secured by this Security Instrument,by Lender, or in connection with
or affecting the Property or any part thereof, including causes of action arising in tort or contract and causes of
Page 4 of 10
PAD10014.wp(03-24-05)
6K 1913PG3398
Loan number:' Servicing Number: 001748919-6 Date: 06/29/05
action for fraud or concealment of a material fact, are, at Lender's option, assigned to Lender, and the proms
thereof shall be paid directly to Lender who, after deducting therefrom all its expenses, including reasonable
attorneys'fees,may apply such pt'o=&to the sums secured by this Security Instrument or to any deficiency under
this Security Instrument..or may release any monies so received by it or any part thereof, as Lender may elect.
Lender may, at its option, appear in and prosecute in its own name any action or proceeding
cause of action and may make any compromise or settlement thereof. Borrower grees toto enforce any such
assignments and any other instruments as from time to time may be to execute such further
and as Lender shall request. Y necessary to effectuate the foregoing provisions
7.Protecdon of i'axkr'a Rigbta in the Property.If Borrower fails to perform the 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, probate, for condemnation or forfeiture or to enforce laws or
regWations), then Lender may do and pay for whatever is necessary to protect the value of the Property and
Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority
over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property
to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower sed
by this Security Instrument.Unless Borrower and Lender agree to other terms of payment,these amounts shallcbeurear
interest from the date of disbursement at the Note rate in effect from time to time and shall be payable, with
interest, upon notice from Lender to Borrower requesting payment,
8. MortgW Iuaur=ce. If Lender required mortgage insurance as a condition of snaking the loan secured
by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect.
If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower
shall pay the premiums required to obtain coverage substantially 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 approved by Lender. If substantially equivalent mortgage insurance coverage
is not available, Borrower shall pay to Lender each month.a sum equal to one-twelfth of the yearly mortgage
insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender
will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments
may no longer be required, at the option of Lender,if mortgage insurance coverage (in the amount and for the
period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,
until the requirement for mortgage insurance ends in accordance with any written agreement , Borrower and
Lender or applicable law.
4. hupec tion. Lender or its agent may make.reasonable entries upon and inspections of the Property.
Lender shall give Borrower notice.at the time of or prior to an inspection specifying reasonable cause for the
inspection.
10.Cardamon,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 lieu of condemnation,are
hereby assigned and shall be paid to'Lender. Lender inay apply,use or release the condemnation proceeds in the
same manner as provided in paragraph 5 hereof with-re0ect'to insurance proceeds.
If the Property is abandoned'.by Borrower, or"if;after notice by Lender to Borrower that the condemnor
offers to make an award or settle a claim for damages;.Borrower fails to respond to Lender within 30 days after
the date the notice is.given,Lender is auib_Mzed to coil' and4ply the proceeds,at its option,either to restoration
or repair of.the Property or to_ibe.siuzrs.secured by this Security Instrument, whether or not then due.
UNess Lend@r and..$o ower p..t er%)r agree in writing,any application of proceeds to principal shall not
of extend h or papyomstp ne;the:due_daf Of't>ie:iziorithly payments referred to in paragraphs 1 and 2 or change the amount
Page 5 of 10
PADI0015.wp(03.24-05)
B�{ ! 9 1 3PG3399
I
Loan Number: Servicing Number: 001748919-6
Date: 06/29/05
11.Bonvwer Not Released; Forbearnow By Leader Not i Waiver.Extension of the time for a
modification of amortization of the sums secured by this Security Instrument payment or
in interest of Borrower shall not o granted by 1-ender to any successor
Purace.to release the,liability of the original Borrower or Borrower's successors
in interest. Lender shall not be required to commence Proceedings against any successor in interest or 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.Sumeaaors and Assigns Bound,Joint and Several Liab'.
of this Security Instrument shall bind and benefit the successors and amass.Co-ns sir���d Borrower,andsubjectagreements to the
provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower wVh0
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 thisSecurity t,
Instrumen
(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 terms
of this Security Instrument or the Note without that Borrower's consent.
13.Loan Chmgm.If the loan secured by this Security Instrument 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 llected from Borrower
which exceeded permitted limits will be refunded to Borrower. Lender may choose to makeetthis 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 out any prent
charge under the Note: payme
14.Notices.Any notice to Borrower provided for in this Security Instrument shalt 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 other 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.
15.Govennong Inst;3eve:abMq-This,S 4414 Instrument shall be governed by federal law and the law
of the jurisdiction in which the Property .. 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 Notewhich can be given effect without the conflicting provision. To this end the provisions of
this Security.Instrument and the Note are declared.to beseverable.
16..Borreoweer.'s Copy. Borrower shall be;given one conformed copy of the Note and of this Security
Instrument..
17.Transfer of the.: or a BCW
Y 410 eaR in BonOwer. If all or any part of the Property or any
interest in it is sold.or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not
a natural person)withourLender's_Prior written consent, Lender may, at its option,require immediate payment in
full of all sums secured.by this Security Instrument. However, this option shall not be exercised by Lender if
exercise is prohibited by federal law as of the date of this Security Instrument.
I f Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide
a period of not.less than 30 days from the date the notice is delivered or mailed within which Borrower must pay
all sums secured by this Scarcity 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.
Page 6 of 10
PAD10016.wp(03-24-05)
W-19 ! 3R0400
Loan Number:_ Servicing Number: 001746919-6 Date: 06/29/05
18.Borrower's Right to Reinke.If Borrower meets certain conditions,Borrower shall have the right to
have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a)5 days (or such
Other period as applicable law may specify for reinstatement)before sale of the Pro
of
sale contained in this Security Instrument; or(b)entry of a judgment 'pursuant tr any power se
conditions are that Borrower: (a)pays Lender all sums which thenwouldbe due under this Se urity�et nrument and
the Note as if no acceleration had occurred; (b)cures any default of any other covenants
all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys'fees;or agreements; (c)paysum
and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrent,
Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall
continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in
the case of acceleration under paragraph 17,
19. Sale of Note;ChwP of Loin Servicer.The Note or a partial interest in the Note(together with this
Security Instrument)may be sold one or more times without prior notice to Borrower.A sale may result in a change
in the entity(known as the "Loan Servicer")that collects monthly payments due under the Note and this Security
Instrument. There also may 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 in accordance with paragraph
14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address
to which payments should be made. The notice will also contain any other information required by applicable law.
The holder of the Note and this Security Instrument shall be deemed to be the Lender hereunder.
20• Hazardous Subsmncea. 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 Laver, The preceding two sentences shall
not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances thatare
generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
,claim,Borrower shall promptly give Lender written notice of any investigationlam, 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 notified by
learns, or is
any governmental or regulatory authority, that any removal or other remediation of any Hazaor is Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
Borrower shall be solely responsible for,shall indemnify,defend and hold harmless Lender, its directors,
officers, employees, attorneys, agents, and their respective successors and assigns, from and against any and all
claims, demands,causes of action,loss,damage, cost(including actual attorneys'fees and court costs and costs of
any required or necessary repair,cleanup or detoxification of the Property and the preparation and implementation
of any closure, abatement, containment, remedial or other (required plan), expenses and liability directly or
indirectly arising out of or attributable to(a) the use, generation, storage, release, threatened release, discharge,
disposal, abatement or presence of Hazaidous Substances on, under or about the Pr
operty, (b)the transport
from the Property of any Hazardousor
Substances, (c)the violation of any Hazardous Substances law, and (d)any
Hazardous Substances claims.
As used in this paragraph 20, "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 20, "Environmental Law" means federal laws and taws of the
jurisdiction where the Property is located that relate to health, safety or environmental protection.
ADDITIONAL COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Aooderalion; Remedies. If any int under the Note or notes secured
due,or if Borrower should be in defuh under any provision of this Y is not paid when
under any other mortgage or other iustzuammt secured b the s ,or if Borrower I s defiant
and accrued interest thereon shall at Once become due a Property.all soma wooed u thio Severity for nut
except 83 by aWx;,ble law,and regardless of
k at the option of I without per retie,
Page 7 of 10
PAD10017.wp(03-24-05)
all 913PG3401
i
Loan Number:' Servicing Number: 001748919-6 Date: 06/29/05
Morforbearaaee. In such event, Lender.at its option,and subject to applicable law, may then or attar
power of sale and/or any other reaoedma or take my other actions Mmittied by applicable law. I.emder
will collect all e�sp�hxwfed in pursuing the ramedim deem'in this Parsgrgah 21,incl
to.reasonable morwo,flees and costa of title evideaoc. ° E•but not limned
22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this
Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any
recordation costs. Lender may charge such person or persons a fee for releasing the Property for services rendered
if the charging of the fee is permitted under applicable law.
23.Waivaa.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.
24.Rpt Period.Borrowers time to reinstate provided in paragraph 18 shall extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument,
25.P11rc912le 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.
26.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.
27.Mixon and Nondisclosure.Borrower has made certain written representations and disclosures
in order to induce Lender to make the loan evidenced by the Note or notes which this Security Instrument secures,
and in the event that Borrower has made any material misrepresentation or failed to disclose any material fact,
Lender, at its option and without prior notice or demand, shall have the right to declare theindebtedness secured
by this Security. Instrument,irrespective of the maturity date specified in the Note or notes secured by this Security
Instrument, immediately due and payable.
28. Time is of the Essence. Time is of the essence in the performance of each provision of this Security
Instrument.
29.Waiver of Statute of[imitations.The pleading of the statute of limitations as a defense to enforcement
of this Security Instncment,or any and all obligations referred to herein or secured hereby, is hereby waived to the
fullest extent permitted by applicable law.
30.Modification.This Security Instrument may be modified or amended only by an agreement in writing
signed by Borrower and Lender.
31. Rpt, To the extent permitted by applicable law, Borrower shall reimburse Trustee and
Lender for any and all costs, fees and expenses which either may incur, expend or sustain in the execution of the
trust created hereunder or in the performance of any act required or permitted hereunder or by law or in equity or
otherwise arising out of or in connection with this Security Instrument, the Note, any other note secured by this
Security Instrument or any other instrument executed by Borrower in connection with the Note or Security
Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their fees in
connection with Trustee and Lender including, but not limited to assumption application fees; fees for payoff
demands and,statements of loan balance; fees for making,transmitting and transporting copies of loan documents,
verifications, full or partial lien releases and other documents requested by borrower or necessary for performance
of Lender's rights or duties under this Security Instrument; fees arising from a returned or dishonored check; fees
to determine whether the Property is occupied,protected,maintained or insured or related purposes; appraisal fees,
inspection fees, legal fees,broker fees, insurance mid-term substitutions,repair expenses,foreclosure fees and costs
arising from foreclosure of the Property and protection of the security for this Security Instrument; and all other
Page 8 of t0
PAD 10018.wp(03-24-05)
BK1913PG3402
Loan Number:' Servicing Number: 001948919-6
Date: 06/29/05
fees and costs of a similar nature not otherwise prohibited by law. Permitted by applicable law, Borrower shall pay
to Lender their fees in connection with Lender providing documents or services arising out of or in connection with
this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument
executed by Borrower in connection with the Note or Security Instrument.
32•Claud Error.In the event Lender at any time discovers that the Note,any other note secured by this
Security Instrument, Note or notes contains an error that was caused by a clerical
Security Instrument,the Security Instrument,or any other document or instrument executed in connection with the
mis
computer malfunction,printing error or similar error,Borrower agrees,upon notice from Lender,to re-execute any not liable
documents that are necessary to correct any such error(s). Borrower further agrees that Lender will be
to Borrower for any damages incurred by Borrower that are directly or indirectly caused by any such e
33.Lost Stolen,Destroyed or Mutilated Security h0hum� t� error.d and Other Doa
.In the event r the loss,
secured by this Security Instrument,the Security Instrument or any
theft or destruction of the Note,any other note
other documents or instruments executed in connection with the Security Instrument, Note or notes(collectively,
the "Loan Documents'), upon Borrower's receipt of an indemnification executed in favor of Borrower by Lender,
or, in the event of the mutilation of any of the Loan Documents, upon Lender's surrender to Borrower of the
mutilated Loan Document, Borrower shall execute and deliver to Lender a Loan Document in form and content
identical to, and to serve as a replacement of, the lost, stolen, destroyed, or mutilated Loan document, and such
replacement shall have the same force and effect as the lost, stolen,destroyed, or mutilated Loan Documents, and
may be treated for all purposes as the original copy of such Loan Document.
34.Amignmew of Rents. As additional security hereunder, Borrower hereby assigns to Lender the rents
of the Property. Borrower shall have the right to collect and retain the rents of the property as they become due
and payable provided Lender has not exercised its rights to require immediate payment in full of the sums secured
by this Security instrument and Borrower has not abandoned the Property.
35. Riders to d& security hutrugw3L If one or more riders are executed by Borrower and recorded
together with this Security Instrument,the covenants and agreements of each such rider shall be inoorporated 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))
❑Adjustable Rate Rider ❑Condominium Rider
❑I-4 Family Rider
❑No Prepayment Penalty Option Rider ❑Planned Unit Development Rider ❑Occupancy Rider
❑Other(s)(specify)
Page 9 of 10
PAD10019.wp(03-24-05)
BE' 1913PG3403
I
Loan Number: Servicing Number: 001748919-6 Date: 06/29/05
1 Certify this to be recorded
In Cumberland County PA
BY SIGNING BELOW,Borrower accepts and agrees to the terms and Hants co in in this
Instrument and in any rider(s)executed by Borrower and recorded with it,
Witnesses:
e or er�eeds
4ola k�l 01 csear
_ -Borrower
(Seal)
CORRINS MMAN -Borrower (S-l)
,Borrower
[seal) (Seal)
-Borrower -Borrower
Certificate of Residence
1, 4-,o t" f-_"' e-- , do hereby certify that the correct address of
the within-mitred Mortgagee is
3 Adm, Irvine, CA 92616
Witness my hand this day of -Z ap 5, ,
nt of Mortgagee
COMMONWEALTH OF PENNSYLVANIA, C C"ty as:
On this.
officer, personall y appeared the day of aw�efore me, the undersigned
/��
known to me(or satisfactorily proven)to be the person whose name /S subscribed to the
within instrument and acknowledged that executed the same for the
purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
WAL
INONNIE L COYLE.NOTARY PU9LIC
9ORO OF CARUKE,CUMBERLAND Co.PA
WCOM M91ON E>MOCTo9ER 17.2008 Tide of Officer oV74,�J. �" s 40-
Page 0 of 10
PAD10020.
1913P6 3404
STERN &EISENBERG, PC
1581 MAIN STREET, SUITE 200
THE SHOPS AT VALLEY SQUARE
WARRINGTON,PA 18976
TELEPHONE: (215)572-8111
FACSIMILE: (215)572-5025
Date: May13, 2014
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. EXHIBIT
HOMEOWNER'S NAME(S): CORRINE M MANGAN
PROPERTY ADDRESS: 41 WALNUT STREET,CARLISLE,PA 17013-3877
MAILING ADDRESS: CORRINE M MANGAN 41 WALNUT STREET CARLISLE,PA 17013-3877
LOAN ACCT NO.: XXXXXX6784
ORIGINAL LENDER: OPTION ONE MORTGAGE CORPORATION,A CALIFORNIA CORPORATION
CURRENT LENDER/SERVICER: US BANK NATIONALASSOCIATION,AS TRUSTEE,SUCCESSOR IN
INTEREST TO BANK OF AMERICA,NATIONALASSOCIATION,AS TRUSTEE, SUCCESSOR BY MERGER TO
LASALLE BANK NATIONAL ASSOCIATION,As TRUSTEE,FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS,
INC.,MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES,SERIES 2007-RP4,BY ITS SERVICER
OCWEN LOAN SERVICING LLC
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY
CIRCUMSTANCES BEYOND YOUR CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE
TO PAY YOUR MORTGAGE PAYMENTS,AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this
Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the
consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST
OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART
OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW
TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for
thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of
designated consumer credit counseling_agencies for the county in which the property is located are set
forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your
lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE --Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific information about the nature of your default.)
If you have tried and are unable to resolve this problem with the lender, you have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you
must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with
one of the designated consumer credit counseling agencies listed at the end of this Notice. Only
consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your application
MUST be filed or postmarked within thirty(30) days of your face-to-face meeting.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A
MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE
OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT
MEETING THEN THE LENDER WILL BE TEMPORARILY 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_INFOR1VIATION
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: 41 WALNUT STREET,CARLISLE,PA 17013-3877
IS IN SERIOUS DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
Monthly Payments from 08/01/2013 through and including May 13, 2014 as follows:
Monthly Payments of$1,008.41 due on 08/01/2013 through and including 05/01/2014,
inthe amount of................................................................................ $10,084.10
TOTAL OF PAYMENTS IN DEFAULT. .....................................................$10,084.10
Other Charges (Explain/Itemize):
LateCharges: .................................................................................... $565.92
OtherFees Due: ............................................................................... $895.69
LessSuspense: .................................................................................. $(91.59)
TOTAL OF OTHER CHARGES:..................................................... $1,370.02
TOTAL AMOUNT DUE: ..................................................................................$11,454.12
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 TAST.DUE TO THE LENDER,
WHICH IS $11,454.12 ,PLUSANYMORTGAGEPAYMENTSAND-LATE-CHARGES WHICH
BECOMEDUEDURING THE THIRTY(30)DAYPERIOD. Payments must be made either by cash,
cashier's check, certified check or money order made payable and sent to:
US Bank National Association, as Trustee, successor in interest to Bank of
America,National Association, as Trustee, successor by merger to LaSalle Bank
National Association, as Trustee, for Residential Asset Mortgage Products, Inc.,
Mortgage Asset-Backed Pass-Through Certificates, Series 2007-RP4,by its
servicer Ocwen Loan Servicing, LLC
1661 Worthington Road, Suite 100"
West Palm Beach,FL 33409
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY(30)
DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage
debt. This means that the entire outstanding balance of this debt will be considered due immediately
and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY(30) DAYS,the lender also intends to instruct its
attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay the
reasonable attorney's fees.that were actually incurred, up to $50.00. However, if legal proceedings are
started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender
even if they exceed $50.00.Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS
period,you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale
You may do so by paying the total amount then past due plus any late or other charges then due
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected
with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements
under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6)
months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to
you before the sale. Of course,the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will be by contacting the
lender.
HOW TO CONTACT THE LENDER:
NAME OF LENDER: US Bank National Association, as Trustee, successor in
interest to Bank of America;National Association, as Trustee,
successor by merger to LaSalle Bank National Association, as
Trustee, for Residential Asset Mortgage Products, Inc.,
Mortgage Asset-Backed Pass-Through Certificates, Series
2007-RP4
ADDRESS: 1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
PHONE NUMBER: (800) 446-2936
FAX NUMBER: (407) 737-6300
CONTACT PERSON: Ocwen Loan Servicing LLC
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the
other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO .
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH-ACTION BY
THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
(See Attached Page)
Sincerely,
STERN7JMarlev
G, C
BY:
sq.
Stern & Eisenber , P
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR MAIL
NOTICE PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS
NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS
REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
You may dispute the validity of the debt or any portion thereof. If you do so in writing within
thirty (30) days of receipt of this letter, this firm will obtain and provide you with written
verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within
thirty (30) days of receipt of this letter, this firm will send you the name and address of the
original creditor if different from above.
IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A
DISCHARGE IN BANKRUPTCY(AFTER ENTERING INTO THE RELEVANT MORTGAGE
NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT)THEN THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO
-COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE
MORTGAGE/LIEN AGAINST REAL PROPERTY.
±' Comprehensive Housing Counseling Agencies
PENNSYLVANIA NOUSING FINANCE AGENCY Agencias de Consejo al Cliente para Vivienda
Cumberland County
¢CCCS of Western PA-York
888.511.2227/888.511.2227
55 Clover Hill Road
www.cccspa.org
Dallastown PA 17313
Community Action Commission-Capital Region
717.232.9757
1514 Derry St
www.dactricounty.org
Harrisburg PA 17104
Harrisburg Fair Housing Council
717.238.9540
2100 N 6th St
Harrisburg PA 17110
Housing&Redevelopment Authority-Cumberland Cnty
866.683.5907/717.249.0789
114 N Hanover St;STE 104
www.cchra.com
Carlisle PA 17013
Pathstone Corporation Pennsylvania
717.234.6616
1625 North Second St
wwmtruralisc.org/pathstone_pa.htm
Harrisburg PA 17102
Pennsylvania Interfaith Community Programs,Inc.
717.334.1518
40 E High St
www.adamscha.org
Gettysburg PA 17325
Report last updated:4/30/2012 9:03:04 AM
Prepare Date: May 9,2014
NOTE: NOTE:Many of the agencies offer workshops at various location sites;call to find a location near you.
:'F+#r'L
+ U.S.POSTAGEE®TNEY BOWES
Name and STERN& EISENBERG aa��"�
Address 1581 Main Street,Suite 200 r ZIP 189766 $ 002.600
'
of Sender Warrington,PA 18976 t o ' 02 1Pi-
''I' '-. 0001371685 MAY. 13, 2014
Line Article Postage Fee
Number
1 **** CORRINE M MANGAN
41 WALNUT STREET
CARLISLE,PA 17013-3877
2 ****
4
6 **** PHFA
PO BOX 8029
HARRISBURG, PA 17105-8029
7 ****
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12 OO Certified Fee;
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**** C3 Return Receipt Fpe; y Here
13 C3 (Endorsement Required), t
**** p Restricted Delivery Fee-
(EndorsementRegmre�)
14 **** C3 Total Postage&Fees'
IS
RE: ACT NOTICE a sent to
M CORRINE IvI'M1INGAN .------------
r` street,Apt.NF, 41 WALNUTSTREET
Total Number of Total Number of Pieces Postmaster,Per(Name of Receiving or PO Box No.
------CARLISLE
Pieces Listed b Sender Received at Post Office Employee) ciiy'siete,-zfP+-- .'PA-17013-3871 A
F�RI>Jt-�
i
U.S. Bank National Association, et al
CP
y
vs. � �NKt
Corrine M. Mangan Defendant s /V 5civi1
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer you must take the following steps to be eligible for a
conciliation conference. First,within twenty(20) days of your receipt of this notice,you must contact MidPenn Legal
Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative,
at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal
representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal
representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If
you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will
prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days
of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled,you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to
be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the
appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that
a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed
with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation
conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectf �Su miffed:
7/24/2014
Date Signa 6e of Cou for ntiff
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 APPLICA TION
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: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
INFORMATIONFINANCIAL
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:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile#1:Model: Year:
Amount owed: Value:
Automobile#2: Model: Year:
Amount owed: Value:
Other transportation(automobiles,boats,motorcycles): Model:
Year: Amount owed: Value:
Monthly Income
Name of Employers:
1. 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 paving)
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 Support/Alim. Spending Money
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❑
If yes,please provide the following information:
Counseling Agency:
Counselor:
Phone(Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes❑ No
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
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
, 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. [/we
understand that [/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
FORM 3
Deutsche Bank National Trust Company, et aI. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
VS.
Corrine M. Mangan
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
FORM 4
Deutsche Bank National Trust Company, et al. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
VS.
Corrine M. Mangan
Defendant(s) Civil
CASE MANAGEMENT ORDER
AND NOW,this day of ,20 ,the defendant/borrower in
the above-captioned residential mortgage foreclosure action having filed a Request for
Conciliation Conference verifying that the defendant/borrower has complied with the
Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby
ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on at . M. in
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the defendant/borrower's failure to serve the completed Form 2 with the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff/lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff/lender is not available by telephone during the Conciliation Conference,
the court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months;and the institution of bankruptcy proceedings.
S. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff �?g _OFF t i=
01 Citic, r.. !!f ! HE PRO 1 H'UNNO 1-;R',`
Jody S Smith
Chief Deputy 2014 AUG -8Ati i I ; 02
Richard W Stewart
Solicitor
?FF.iCE OFTNZ,V4EFIFF
CUMBERLAND COUNTY
PENNSYLVANIA
U.S. Bank N.A. as Trustee, successor in interest
vs.
Corrine M Mangan
Case Number
2014-4323
SHERIFF'S RETURN OF SERVICE
07/30/2014 09:22 PM - Deputy Dawn KeII, 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 John Magan, husband, who accepted as "Adult
Person in Charge" for Corrine M Mangan at 41 Walnut Street, Carlisle Borough, Carlisle, PA 17013-3877.
ZatA31, c; 16VL,
DAWN KELL, DEPUTY
SHERIFF COST: $34.78 SO ANSWERS,
August 05, 2014
(c) CountySuile Sheriff, Teleosofi, Inc.
RO N R ANDERSON, SHERIFF
US Bank National Association, as Trustee,
successor in interest to Bank of America,
National Association, as Trustee, successor :
by merger to LaSalle Bank National
Association, as Trustee, for Residential
Asset Mortgage Products, Inc., Mortgage
Asset -Backed Pass -Through Certificates
Series 2007-RP4 C/O Ocwen Loan
Servicing, LLC
Corrine M. Mangan
Plaintiff
v.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 14-4323 CIVIL ACTION LAW
ANSWER TO COMPLAINT
AND NOW comes the Defendant by and through her attorney, John J. Mangan, Esq.
responding as follows:
1. Admitted upon infainiation and belief.
2. Admitted.
Admitted upon information and belief. Exhibit "A" is a written document which speaks for
itself subject to interpretation and dispute.
4. Denied. Defendant does not have sufficient knowledge about what was prepared nor what the
intentions are of the Plaintiff in regard to an assignment transferring the mortgage.
5. Admitted.
6. Admitted and Denied. It is admitted that the notice was sent to defendant; it is denied that no
response was made. Defendant has been in contact with Ocwen Loan Servicing in Order to
make arrangements to bring the mortgage current but has been frustrated by setting up specific
days and times to have conference calls which were to be initiated by Ocwen Loan Servicing to
discuss various options and several calls were not initiated. Defendant further has made offers
to make payments to remedy the situation only to be informed that payments would not be
accepted. Defendant had requested that Ocwen Loan Servicing provide direct wire transfer
information via email and/or mail so that payments can be made and the information was not
forthcoming. Exhibit "B" is a written document which speaks for itself subject to interpretation
and dispute.
7. Denied. This allegation is a conclusion of law to which no response is required and strict proof
thereof is demanded at trial; to the extent a response is necessary, Defendant incorporates her
answer in paragraph 6.
8. Denied. This allegation is a conclusion of law to which no response is required and strict proof
thereof is demanded at trial.
WHEREFORE, Answering Defendant demands that Plaintiff's Complaint be dismissed and
that judgment be entered in her favor, together with reasonable counsel fees and costs.
Respect lly ubnAd,
6C
John yfan6n, Esq.
17 W st S uth Street
Carlisle, PA 17013
717-241-2446
717-241-2456 (f)
I.D. # 87000
johnmangan@bayleymangan.com
Verification
I, John J. Mangan, Esq., hereby state that I am authorized to make this verification on behalf of
Answering Defendant. I further verify that the facts contained within the foregoing Answer to the
Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief and are
made pursuant to 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
/Z/Vi lei A-1 -
John Mangan, Esq.
Date: l Ull
CERTIFICATE OF SERVICE
I, John Mangan, Esq., do hereby certify that on this 13th day of October 2014, I caused a true and
correct copy of the foregoing Answer on behalf of the Answering Defendant, to be served upon the
following persons by hand delivery:
Andrew J. Marley, Esq.
Stern & Eisenberg, PC
1581 Main St., Ste 200
The Shops at Valley Square
Warrington, PA 18976