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HomeMy WebLinkAbout14-5447 Supreme Court.bf Pennsylvania Court.."o' ;COnimon.Pleas For Prothonotary Use Only: Civil :Caner;Sheet Docket No: Cumberland County y� The information collected on this form is used solelv,frn• court udminisn-ation purposes. This lurm do , 01 11 supplement or replace the filing and service of pleadings or wher liaper•s u.s 1011- or ruics „l;r,ru/. Commencement of Action: •n (`mm�lainl lh/rit of Qnnimnnc n Pontin. u . •.,.r,...... .,.,........... S . _....-... ❑ Transfer from Another Jurisdiction ❑ Declaration of"I aking E C Lead Plaintiff's Name: Lead Defendant's Name: US Bank, NA, Legal Title Trustee for Truman 2012 SC2 Nicholas Sworen T Dollar A17)OUnt Requested: ❑within arbittatiun linlil> Y Are money damages requested? El Yes [D No (check one) ❑outside arbitration limits 0 N Is this a Class Action Suit? ❑Yes M No Is this an MDJAppeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: Emmanuel J.Argentieri, Esquire; Romano Garubo&Argentieri_ Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional ❑ Buyer Plaintiff Administrative Agencies Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle ❑ Debt Collection: Other ❑ Board of(Elections Nuisance ❑ Dept.of Transportation © Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include Elmass tort) Employment Dispute: E Discrimination --- -_ - I Slander/Libel/Defamation j Other: El Employment Dispute: Other ❑ Zoning Board I -- ---— ❑ Other: I ❑ Other: - -- - O MASS TORT ❑ Asbestos N E] Tobacco Q Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste ❑ Common Law/Statutory Arbitration ❑ Other: ❑ Ejectment B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑ Replevin Legal ❑ Quiet Title ❑Other: Medical ❑ Other: Other Professional: I Ilpdaled 1/1/2/1/l FROTHo ROMANO GARUBO &ARGENTIERI Emmanuel J.Argentieri, Esquire "A IEP Attorney Id#59264 ' �F 52 Newton Avenue P.O.Box 456 CUK4BERtL A 110 Woodbury,New Jersey 08096 PENAjs Y 0U (856)384-1515 L� r��� Attorneys for Plaintiff U.S. Bank N.A., as Legal Title Trustee for Truman 2012 SC2 Title Trust COURT OF COMMON PLEAS 15480 Laguna Canyon Road, Suite 100 CUMBERLAND COUNTY Irvine, CA 92618 No. I Lt - SM(4`, ��vt Plaintiff, V. Nicholas Sworen CIVIL ACTION 144 Red Tank Road Boiling Springs, PA 17007 MORTGAGE FORECLOSURE Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this complaint and notice are served,by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. 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 C SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. II Lawyer's Referral Service �,} P4r'S L. (71.7) 249-3166 or(800) 990-9108 (in PA only) Pd a t P ['4- 2///)Skil Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (717)249-3166 USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente or por medio de un abogado una comparecencia escrita y redicando en Ia Corte por escrito sus defensas de, y objeciones a, los 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 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIA TA MENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A VA YA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Lawyer's Referral Service (717) 249-3166 or(800) 990-9108 (in PA only) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (717)249-3166 ROMANO GARUBO &ARGENTIERI Emmanuel J. Argentieri, Esquire Attorney Id#59264 52 Newton Avenue, P.O. Boa 456 Woodbury,New Jersey 08096 (856) 384-1515 Attorneys for Plaintiff U.S. Bank N.A., as Legal Title Trustee for Truman 2012 SC2 Title Trust COURT OF COMMON PLEAS 15480 Laguna Canyon Road, Suite 100 CUMBERLAND COUNTY Irvine, CA 92618 No. Plaintiff, V. Nicholas Sworen CIVIL ACTION 144 Red Tank Road Boiling Springs, PA 17007 MORTGAGE FORECLOSURE Defendant. COMP.I,A.INT IN MORTGAGE FORECLOSURE` 1. Plaintiff, U.S. Bank,National Association,as Legal Title Trustee for'Truman 2012 SC2 Title Trust (the "Plaintiff), has an address of c/o Rushmore Loan Management Services at 1548G Laguna Canyon Road, Suite 100, Irving, CA 92618, 2. Defendant,Nicholas Sworen, (hereinafter referred to as "Defendant") is an adult individual and are the real owner of the property hereinafter described. 3. Upon information and belief, Defendant, Nicholas Sworen, resides at 144 Red 'Tank Road,Boiling Springs,PA 17007. 4• On July 31, 2007, in consideration of a loan in the principal amount of $165,000.00, Defendant executed and delivered to Novastar Mortgage, Inc. an adjustable rate balloon note (the "Note") with an interest rate at 6.950% per annum, and monthly payments commencing on September 1, 2007, continuing each month until the maturity date of August 1, 2037. A true and correct copy of the Note is attached hereto and made apart hereof as Exhibit "A". 5. To secure the obligations under the Note, Defendant executed and delivered to MERS for Novastar Mortgage, Inc., a mortgage (tile "Mortgage") dated -July 3 1 , 2007, and recorded on August 7, 2007, with the Recorder of Deeds in and for Cumberland County as Instrument Number 200730808. The mortgage is a matter ofpublic record and is incorporated herein by reference in accordance with Pa.1Z.C,P.1019(g), 6. On March 23, 2011, an order was entered by the Court which reformed the aforesaid mortgage to include the correct legal description of the property being foreclosed herein. Said order was recorded on April 18, 2011 with the Recorder of Deeds in and for Cumberland County as Instrument Number 201111445. The order is a matter ofpublic record and is incorporated herein by reference in accordance with Pa.R.C.P.1019(g). 7. An Assignment of Mortgage from .MERS for Novastar Mortgage, Inc, to Wells Fargo Bank, NA, Successor by merger to Wachovia Banl<, NA, was recorded on hebruary 23, 2012 with the Recorder of Deeds in and for Cumberland County as Instrument Number 201305402. The assignment of mortgage is a matter ofpublic record and is incorporated herein 4 reference in accordance with Pa.R.C.P.1019(g). 8. An Assignment of Mortgage from Wells Fargo Bank, NA, Successor by merger to Wachovia Bank, NA to U.S. Bank, N.A. as Legal Title Trustee for Truman 2012. SC2 Title 'frust, was recorded on September 1.3, 2013 with the Recorder of Deeds in and for Cumberland County as Instrument Number 201330491 . The mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P.1019(g). 9. The Mortgage secures the following real property (the "Mortgaged Premises"): 144 Red Tank Road,Boiling Springs,PA 17007. A copy of the legal description of thc- Mortgaged Premises is attached hereto and made a part hereof as Exhib_ 10. Defendant is in default of his obligation pursuant to the Note and Mortgage because payments of principal and interest due January 1, 2012, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection'including title search.fees and reasonable attorney's fees. IL The following amounts are due on the Mortgage and Note: Balance of Principal -..------ $161,021 .98 Accrued but Unpaid Interest from ._..._._._._..__.__._.._ 12/1/201 1- 6/30/2014 (a, 6.95% $28,866.85 Late Charges � ------_._.----. -- . . ..___ .__ .... . _i __ $458.37 Inspection Fees $150.00— Appraisal Fees _ $200.00 Escrow Advances for ins. $1,345.73 Escrow Advances for taxes $6,657.67 Reasonable Attorney's Fees $1,650.00 Less Suspense Balance (-206.24) TOTAL as of June 30, 2014 $200,144.36 Plus, the following amounts accrued after June 30, 2014: Interest at the current Rate of 6.95% per annum; late charges of 5.00% of the overdue payment of principal and interest; any amounts expended for future recoverable advances; corporate advances; taxes and insurance along with additional costs and attorney fees incurred in this foreclosure action. 12. During the course of this action, the plaintiff may be obligated to make advances for the payment of taxes, assessments, insurance premiums and necessary expenses to preserve the security, and such sums advanced under the terms of the Note and Mortgage, together with interest, will be added to the amount due on the mortgage debt and secured by the plaintiff's Mortgage. 13. A combined Act 6/91 of 1983 notice was sent to Defendant on November 18, 2013 via certified and regular mail. A true and correct copy of such notice is attached hereto and made a part hereof as Exhibit "C". WHEREFORE, Plaintiff demands an.in rem judgment against Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph I I , namely, $200,144.36, plus the following amounts accruing after June 30, 2014, to the date of judgment: (a) Interest at the current Rate of 6.95% per annum; late charges of 5.00% on any overdue payment of principal and interest per month; (c) plus interest at the legal rate allowed on judgments after the date of judgment; (d) additional attorney's fees (if any) hereafter incurred; (e) costs of suit; and (1) any arnounts expended for future recoverable advances. corporate advances, taxes and insurance. Rol an Gar o & 7 ntieri Dated: $10,1 En11 ,J nr- ntieri-- Attorn s for P intiff VERIFICATION GLORIA A. ROCHA ASSISTANT I, , hereby certify that I am a VICE PRESIDENT of Rushmore Loan Management Services LLC, its Appointed Attorney in Fact for U.S. Bank National Association, as Legal Title Trustee for Truman 2012 SC2 Title 'trust and am authorized to make this verification on U.S. Bank National Association, as legal Title Trustee for Truman 2012 SC2 Title Trust, by Rushmore Loan Management Services, LLC; 's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief, based on review of business records during the normal course of business. This verification is made subject to the penalties of 18 Pa. C.S.§ 4904, relating to unsworn falsification to authorities. U.S. Bank National Association, as legal Title Trustee for Truman 2012 SC2 Title Trust, By; Rushmore Loan Management =vJcesLLC,, A oin d Attorney inFact _ _ _ Name: Gloria A. Rocha Title; Assistant Vice President Docket No. RGA File Number 314-053 Defendant Name: Nicholas Sworen Property.• 144 Red Tank Road Boiling Springs PA 17007 EXHIBIT A MIN: .' Loan Number: ADJUSTABLE RATE BALLOON NOTE (LIBOR Six-Month Index (As Published In The Wali Street JournaQ-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME.YOU WILL, THEREFORE BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN,OR YOU WILL HAVE TO FIND A LENDER.WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH,WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY,YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. JULY 31, 2007 INDEPENDENCE IDate) OHIO (City) [slate) 144 RED TANK RD, BOILING SPRINGS, PENNSYLVANIA 17007 [Property Addrml I. BORROWER'S PROMISE TO PAY In return called"Principal')ra loan that I,plus nteresthto the orderave dof Lender•Leromisto nd r iss NOVAS TARO (this amount is MORTGAGE, INC., A VIRGINIA CORPORATION 1 will make all payments under this Note in the form of cash,check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who Is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.950 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section Z and Section 4 of this Note Is the rate I will pay both before and after any default described in Section 7(B)of this Note. 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making a payment every month. I will makemy monthly payments on the 1St day of each month beginning on SEPTEMBER 1 2007 . 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If,on AUGUST 1, 2037 1 still owe amounts under this Note,I will pay those amounts in full on that date,which is called the"Maturity Date." I4184make mymonthly payments at P.O. BOX 808911, KANSAS CITY, MISSOURI 69189--8911 (B) Amount of My Initial Monthly Payments or at a different place if required by the Note Holder. Each of my initial monthly payments will be in the amount of U.S.$1,019.37 amount may change. This (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of thy loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLE BATF BALLOON NOTE--LIBOR SIX-MONTH INDEX ((AS PUBUSHED IN THE WALL STREET Jp(/RNAL]_5utgle Fatuity nocMa¢o eaaa�arsue ASSUMABLE 05/17/06 Paye 1 of 4 M'N'wo c.conr 4. INTEREST RATE AND MONTHLY PAYMENT-CHANGES. (A) Change Dates The interest rate I will pay may change on the 1st day of AUGUST, 2009 OnthaDate." day every .6th month thereafter. Each date on which my interest rate could change is called a"Change and (B) The Index Beginning with the first Change Date,my interest rate will be based on an Index. The"Index"is the average Of interbank uttered rates for six month U.S.dollar-denominated deposits in the London market("LIBOR").as Published in The Won Sneel journ81. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the"Current Index." If the Index is no longer available,the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date,the Note Holder will calculate my new interest rate by adding FOUR AND 600/1000 percentage points( 4.600 %)to We Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate untll the next Change Date. unpaid principal thThe Note t Holder mexpected etermine the amount of the to owe at he Change Date in full on the Amortization Date(described bement that would be sufficient to low)the t my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. For purposes of calculating monthly payments beginning with the first monthly payment due after the first Change Date and continuingg thereafter through the final Change Date,the"Amortization Date"is the date that is 120 months following the Maturity Date. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9-950 %or less than 6,95 0 %. Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 000/1000 from the rate of interest I have been paying for the preceding 6 months-eMY interest point(s) will never begreater) than 13.950 %• P Y g My interest rate will never be less than 6.950 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. J will pay the amount of my new monthly payment beglnning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes In my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required bylaw to be given to me and also the title and telephone number of a person who will answer any question 1 may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY** See attached Prepayment Note to I have the right to make payments of Principal at any time before the are due, A payment ofPrincipal only is known as a"Prepayment." When I make a Prepayment,I will fell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge.The Note Ho)der will use my Prepayments to reduce the amount of PHncipaI that I owe under this Note.However,the Note Holder o map aymeotrt0 reduceytbe Principal amouii, this Note.rIf I make arpartial Pr P ymentotilere will beho Lange Pre a in the due dates of my monthly payments unless the Note Holder agrees In writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However,any reduction due to my partial Prepayment may be offset by an Interest rate increase. 6. LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges,is finally Interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the petmltted limits, then:(a)any such ton charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sums atready coiletted from me that exceeded permitted limits will be refunded to me. The Note Halder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal,the reduction will be treated as a partial Prepayment. MULTISTATE ADJUSTABLE KATE BALLOON NOTE—LI SIX-MONTH INDEX (/LS PUBLISHED A/1 7H£WALL STREET JOI/RNAL}-Single Fanu7y �oatagic eaos�9f rsz A MABLE 05/17/06 Page 2 of 4 Kwvw docinvgk.eom 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any month) pa men)by the end of 15 calendar dafter the date it is due,1 will pay a late charge to the Note Holder. The amount of the charge will be 5-MO %of my overdue payment of principal and interest. l will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. (C)Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay Immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if,at a tune when I am in default,the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if I am in default at a later time. and Exenses ts If the Note eHoldent of rvhas required eote Holder's oto pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extentnol prohibited by applicable law. Those expenses include,for example,reasonable attorneys'fees. S. GIVING OF NOTICES Unluires a different given by deliverpingl Itble law or by mailing it by firs class mail tr a at the Property Address above notice that must o iniven I eof atea different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method,any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promior ses made in this Note,including the promise to pay the full amount owed. Any person who is a guarantor, o do these including the obligati ns of r of this ote is also guarantor,surety orated te endorser of trhisgs.No e,is also obligated to keepover alll of the p obligations, ises made in this Note.The Note Holder may enforce Its rights under this Note against each person individually ora gainst all of us together. This means that anyone of us maybe required to pay all of the amounts owed under this Cole. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the"Security Instrument"), dated the same date as this Note,protects the Note Holder from promises that 1 make in 141s Note. That Security possible losses that might result If 1 do not keep the Instrument describs how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: Transfer of the Property or a Beneficial Interst In Borrower. As used in this Section 18, `Interest in the Property"means any legal or beneficial interest in the Property,Including, but Dot limited to,those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent,Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender If such exercise prohibited by Applicable Law. Lender also shall not exercise this option if:(a)Borrower causes to bise Mt1LTISTATE ADJUSTABLE RATE BALLOON NOTE—DBOR SIX-MONTH INDEX (0.S PUBLISHED IN 17E WALL 5TREETJOURAIAt)—Single Fairly nocMasrrc au16I9r362 ASSUMABLE 05/17/06 Page 3 of 4 wwsv. rg.Ac.c>am submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee:and(b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and That the risk of a breach of Security Instrument is acceptable to Lender. any covenant or agreement in this To the extent permitted by Applicable Law,Lender may charge a reasonable feeasa condition to ader also gereementthat isnsent o the loan acceptable ccept ble to Lender and eth t obligates ythe transferuire the ee to keep all the Promisensferee to sl an s agreements made In the Note and to this Security Instrument. Borrower will continue tb be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full.Lender shall give Borrower notice of acceleration. The notice shall provide a pertod 01`110t less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay These sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. 4&Q - NICHOLAS SWOREN -Borrower (Seal) Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) .Borrower HEREBY CERTIFY THIS TO BE A TRUE&CO F OP OF THE ORIGINAL BY: [Sign Original Only] (MULTISTATE ADJUSTABLE RATE BALLOON NOTE—LIBOR SIX-MDNTH INDEX ASSUMABLEE05n7/06 WALt STTZEET JOURNAL)—S'Ve Famly oocarogre c yr Page 4 of 4 WWW.d0anVw com Loan Number: ADDENDUM TO.ADJUSTABLE RATE NOTE THIS ADDENDUM is made this 31 st day of JULY 2007 and is incorporated into and shall be deemed to amend and supplement the Adjustable Rate Note made by the undersigned (the "Borrower")in favor of NOVASTAR MORTGAGE, INC., A VIRGINIA CORPORATION (the'Lender")and dated the same date as this Addendum. ADDITIONAL COVENANTS. In addition to the covenants and agreements In the Security Instrument. Borrower and Lender further covenant and agree as follows(despite anything to the contrary contained in the Security Instrument or Adjustable Rate Note): NOTWITHSTANDING THE 40 YEAR AMORTIZATION PERIOD,THIS LOAN IS PAYABLE IN FULL ON THE MATURITY DATE. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE NOTE AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER,WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH,WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY,YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. ACCORDINGLY, IF THIS LOAN HAS NOT BEEN SATISFIED,YOU WILL HAVE A BALLOON PAYMENT ON THE MATURITY DATE. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Addendum. Borrower NICHOLAS SWOREN Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date I HEREBY CERTTFYTHS TO RE A TRUE&CO ADDENDUM TO ADJUSTABLE RATE NOTE Doemayfc etFmvauas SW6191J62 06/29/06 wvrw.cbcmaryacum PREPAYMENT RIDER Loan Number: Date: JULY 31, 2007 Borrower(s): NICHOLAS SWOREN THIS PREPAYMENT RIDER (the"Rider") is made this 31st day.of JULY •2 0 0 7 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure repayment of Borrower's promissory note (the "Note") in favor of NOVASTAR MORTGAGE, INC. , A VIRGINIA CORPORATION ("Lender"), The Security Instrument encumbers the Property more specifically described in the Security Instrument and located at 144 RED TANK RD, BOILING SPRINGS, PENNSYLVANIA 17007 (Property Address] ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PREPAYMENT CHARGE The Note provides for the payment of a prepayment charge as follows: 5 BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under the Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will he no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those changes. If the Note contains provisions for a variable interest rate,my partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. (However,any reduction due to my partial Prepayment may be offset by an interest rate increase. Ir this Note provides for a variable interest rate or finance charge, and the interest rate or finance charge at any time exceeds the legal limit under 6 UL ISTATE PREPAYMENT RIDER Page 1 of 2 DocMaglce9bxmmw salsas-rc� which a Prepayment penalty is allowed, then the Note !-folder's right to assess a Prepayment penalty will be determined under applicable law. If within THIRTY—SIX ( 36 ) months from the date the Security Instrument is executed I make a full Prepayment or one or more partial Prepayments,and the total of all such Prepayments in any 12-month period exceeds twenty percent (20%) of the original Principal amount of the loan, I will pay a Prepayment charge in an amount equal to SIX ( 6 ) months' advance interest on the amount by which the total of my Prepayments within any 12-month period exceeds twenty percent(20%)of the original Principal amount of the loan. BY SIGNING BELOW,Borrower accepts and agrees to the terms and provisions contained in this Rider. r , (Seal) (Seal) NICHOLAS SWOREN -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) ..Borrower -Borrower MULTISTATE PREPAYMENT RIDER DoeMagice,-(W= 80964--lj62 6/03 Page 2 of 2 www.dbctngoc.com EXHIBIT B kr ` EXHIBIT"A" ALL THAT CERTAIN TRACT OF LAND W ITH IMPROVEMENTS THEREON SITUATE.TN SOUTH MIDDLETON TOWNSHIP,CUMBERLAND COUNTY,PENNSYLVANIA,BOUNDED AND DESCRIBED AS FOLLOWS: BEG1NNt1JG ATA SPIKE IN T14C ORIGINAL CENTER LINE OF TOWNSHIP ROAD T-542 LEADING FROM BOILING SPRINGS TO RED TANK(THE ORIOINAL WIDTH BEING THIRTY-THREE(33)FEET)AT CORNER OF LAND NOW OR FORMERLY OF ROBERT LEE KUHN;THENCE FROM SAID SPIKE AT THE PLACE OF BEONWNC ALONG THE ORIGINAL CENTER LINE OF SAID TOWNSHIP ROAD T-542,NORTH 54 DEGREES 19 MINUTES WEST,A DISTANCE OF ONE HUNDRED THREE AND FIFTY HUNDREDTHS(103.50)FEETTO A SPIKE;THENCE NORTH 39 DEGREES 298 MINUTES 10 SECONDS EAST,A DISTANCE OF SIX HUNDRED FIFTY TWO AND THIRTY-ONE HUNDREDTHS(652.31) FEET TO A STAKE ON TIME SOUTHERN LINE OF LAND FORJ•QEIU.Y OF.HARRJSBURG CLAY COMPANY,NOW OR FORMERLY OF CARL F.NELSON JR.;THENCE ALONG SAID LINE OF LAND,NOW DR FORMERLY OF CARL F. NELSON 7R.,SOUTH 57 DEGREES 22 MINUTES EAST,A DISTANCE OF ONE HUNDRED SIXTY-NINE AND EIGHTY HUNDREDTHS(169.30)FEET TO STONES AT CORNER OF LAND FORMERLI'OF W. CLE LAN WHiTCOMB,NOW OR FORMERLY OF WILLIAM GOLDSTEIN;THENCE ALONG SAID LINE OF.LAND NOW OR FORMERLY OF WILLIAM GOLDST.EIN;SOUTH 29 DEGREES 49 MINUTES WEST,A DISTANCE OF FOUR HUNDRED TWENTY-TWO AND NINETY RL REDT HS(422.90)FEET TO A STONE ATCORNER OF LAND NOW OR FORMERLY OF ROBERT LEE KUHN:THENCE ALONG THE NORTH LINE OF SAID LAND NOW OR FORMERLY OF ROBERT LEE KUHN,NORTH 54 DEGREES 19di1INUTES WEST,A DISTANCE OF ONE HUNDRED FIFTY(i S0)FRET TO A STAKE;THENCE ALONG THE WESTERN LINE OF SAID LAND NOW OR FORMERLY OF ROBERT LEE KUHN,SOUTH 36 DEGREES 15 MINUTE$ WEST,A O1:i,TA NCE OP TWO HUNDRED THIRTY NINE AND TWENTY-FIVE HUNDRFbTHS(239.15)FM7 TO A_$PTU IN THE ORIGINAL CENTER LINE OF TOWNSHIP ROAD T-542,THE PLACE OF BEGINNING,CONTAINING 2.488 ACRES. THE SOU t"HI RN MOST TWENTY-FIVE(25)FEET OF THE ABOVE DESCRIBED PREMISES 1S HEREBY DEDICATED 710 PUBLIC USE AS A PORTION OF TOWNSHIP ROAD T-542. i I i s I i i ----EXHIBITC Scan Date11/21/2013 November 18, 2013 RE: NICHOLAS SWOREN 144 RED TANK RD BOILING SPRINGS, PA 17007 Date: November 18, 2013 Scan Date1121/2013 ACT 91 NOTICE TAS ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort ate on vour home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help 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 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseline Ayency. The name address and Phone number of Consumer Credit Counseling Agencies serving our County are listed at the end of this Notice If you have anyquestions 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 INMEDIATAMENTE LLAMANDO ESTA AGENCIA(PENNSYLVANIA HOUSING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): NICHOLAS SWOREN PROPERTY ADDRESS: 144 RED TANK RD BOILING SPRINGS, PA 17007 LOAN ACCT NO: ORIGINAL LENDER: NOVASTAR MORTGAGE INC. CURRENT LENDER/SERVICER: Rushmore Loan Management Services LLC i RLMS PA NOI_100313 Page 1 of 8 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM Scan Date11212013 YOU MAYBE 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 11*11OR T GAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days from the date of this Notice (plus three(3)days for mailing). During that time you must arrange and attend a"face-to-face"meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY- THREE (33)DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-- If you meet with one of the consumer credit counseling agency 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 co Lllbrling 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 APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth later in this Notice(see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action,your application MUST be forwarded to PHFA and received within thirty(30)days of your face-to-face meeting with the counseling agency YOU SHOULD FILE HEMAPAPPLICATIONAS SOONAS POSSIBLE.IF YOUHAVEA 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 TEMPORARILYPREVENTED FROMSTARTINGA FORECLOSURE AGAINST YOUR PROPERTY,AS EXPLAINED ABOVE,IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSUREI. RLMS_PA—NOI 100313 Page 2 of 9 YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BE3'�9V§ LATE APPLICATION WILL NOT ARE VENT THE LENDER FROM.STARTINCA FORECLOSURE ACTION, BUT IF YOUR APPLICATlONJS EVENTUALLYAPPRDVED ° IME PERIODS.,g THE FORECLOSURE WILL BE STOPPED. AT ANY TIME BEFORE A SHERIFF'S SALE, AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. The disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania H Y will be Finance Agencyhas sixty( ) ousing 60 days to make a decision after it receives foreclosure roceed; -s will >,P your application. During that time no 1'•�-_--.nb "ursued aga;nct unit if have ave Met the firm-rP � You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on our ry.........,.C?tS set forth airO��e Y application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT CT THE (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 yourro e 144 RED TANK RD p p rry located at BOILING SPRINGS, PA 17007 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS for the months of 0 1/0 1/ through 11/01/2013 and the following amounts are now past due: 2012 Monthly Payments: $29,986.02 - Late Charges: $101.86 Other Fees: $0.00 Less Funds in Suspense: $206.24 Total Amount Past Due: $29,881.64 Your regular monthly payments are: $1,303.74 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 $29,881.64 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME D DURING THE THIRTY(30) DAY PERIOD. Payments must be made either by cash, cashier's check money order made payable and sent to: k or RLMS PA NOI-100313 Page 3 of 8 Overnight Mail: west'iffl Rli�i'd?i'12013 Rushmore Loan Management Services LLC Quick Collect (any location) ATTN: Cashiering Department CodeState: CA 15480 Laguna Canyon Road,Suite 100 CodeCity: Rushmore Irvine,CA 92618 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 Bender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of thi-- debt will be Cvns:dered due i—ed:ately 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 tender 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) DAY 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 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 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) 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: Rushmore Loan Management Services LLC Phone Number: 1 (888) 504-7200 15480 Laguna Canyon Rd, Suite100 Fax Number: (949) 453-1309 Irvine, CA 92618 Contact Person: Jared Kops Email Address: jkops@rushmorelm.com RIMs_PA NOI_100313 Page 4 of 8 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs §&11e 1*1T1tgi1& aur 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 (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located,using additional pages if necessary). RLMS_PA—NOI 100313 Page 5 of 8 DEBT COLLECTION Scan Date11/21/2013 This communication is for the purpose of collecting a debt, and any information obtained from the trustor(s)will be used for that purpose. Rushmore is acting as a "debt collector" as that term is defined in the Federal Fair Debt Collection Practices Act.This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from any one who has discharged the debt under the bankruptcy laws of the United States. CREDIT REPORTING We may report information about your account to credit bureaus. Late payments, missed paymenrs, or other defaults on your account may be reflected in your credit report. BANKRUPTCY if you have received a discharge of this debt through bankruptcy,you are not personally liable to us if you do not pay us the above amount. We can recover only the real property from you and you will not be obligated to pay us the difference between what we may get from the sale of the real property and the balance due on the loan.This notice is provided to inform you of what you must do to retain possession of your real property. HUD STATEMENT Pursuant to section 169 of the Housing and Community Development Act of 1987,you may have the opportunity to receive counseling from various local agencies regarding the retention of your home.You may obtain a list of the HUD approved housing counseling agencies by calling the HUD nationwide toll free telephone at 1-800-569-4287. RLMS_PA_NOI 100313 Page 6 of 8 Scan Date11212013 ADDITIONAL STATE SPECIFIC NOTICES The following notice applies to California residents only: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8:00 a.m. or after 9:00 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part,collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov. The following notice applies to Colorado residents only: Please Note: A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt. FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COLO RA DOATTO R N EYGEN ERAL.G OV/. Please be advised that you can reach the Colorado Foreclosure Hotline at 1-877-601-HOPE. If you have any questions regarding this letter, please contact: Irvin Borenstein 13111 E. Briarwood Ave. Ste 340 Centennial, CO 80112 . Phone: 303-309-3839 The following notice applies to Massachusetts residents only: NOTICE OF IMPORTANT RIGHTS YOU HAVE THE RIGHT TO MAKE A WRITTEN OR ORAL REQUEST THAT TELEPHONE CALLS REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF EMPLOYMENT. ANY SUCH ORAL REQUEST WILL BE VALID FOR ONLY TEN DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION OF THE REQUEST POSTMARKED OR DELIVERED WITHIN SEVEN DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO THE CREDITOR, RLMS PA NOI_300313 Page 7 of 8 i I Servicemembers Civil Relief U.S. Department of Housing OMB Approval 2502-0584 Act Notice Disclosure and Urban Development Scan Date11212013 Exp 11/30/2014 Office of Housing Leval Rights and Protections Under the SCRA Servicemembers on"active duty"or"active service,"or a spouse or dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act(50 USC App. §§ 501-597b)(SCRA). Who May Be Entitled to Lena! Protections Under the SCRA? • Regular members of the U.S. Armed Forces(Army,Navy, Air f=orce, Marine Corps and Coast Guard). • Reserve and National Guard personnel who have been activated and are on Federal active duty • National Guard personnel under a call or order to active duty for more than 30 consecutive days under section 502(f)of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds • Active service members of the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration. • Certain United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action. What Legal Protections Are Servicemembers Entitled To Under the SCRA? • The SCRA states that a debt incurred by a servicemember,or servicemember and spouse jointly,prior to entering military service shall not bear interest at a rate above 6%during the period of military service and one year thereafter,in the case of an obligation or liability consisting of a mortgage,trust deed,or other security in the nature of a mortgage,or during the period of military service in the case of any other obligation or liability. • The SCRA states that in a legal action to enforce a debt against real estate that is filed during,or within one year after the servicemember's military service,a court may stop the proceedings for a period of time, or adjust the debt. In addition,the sale, foreclosure,or seizure of real estate shall not be valid if it occurs during,or within one year after the servicemember's military service unless the creditor has obtained a valid court order approving the sale, foreclosure, or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Repuest Relief Under the SCRA? • In order to request relief under the SCRA from loans with interest rates above 6%a servicemember or spouse must provide a written request to the lender,together with a copy of the servicemember's military orders. Rushmore Loan Management Services, LLC/15480 Laguna Canyon Road, Suite 100/Irvine CA 92618 Telephone: (888)504-7200/Fax, (949) 453-1309 • There is no requirement under the SCRA, however, for a servicemember to provide a written notice or a copy of a servicemember's military orders to the lender in connection with a foreclosure or other debt enforcement action against real estate. Under these circumstances, lenders should inquire about the military status of a person by searching the Department of Defense's Defense Manpower Data Center's website,contacting the servicemember,and examining their files for indicia of military service. Although there is no requirement for servicemembers to alert the lender of their military status in these situations,it still is a good idea for the servicemember to do so. How Does a Servicemember or Dependent Obtain Information About the SCRA? • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at http-Hleoalassistance.law.af.mil/content/locator.oho • "Military OneSouree"is the U. S. Department of Defense's information resource. If you are listed as entitled to legal protections under the SCRA(see above),please go to www.militaryonesource.com/scra or call 1-800342- 9647 al11-800342- 9647(toll free from the United States)to find out more information. Dialing instructions for areas outside the United States are provided on the website. Rev 02/02/13 form HUD-82070 (612011) RLMS PA NOI 100313 Page 8 of 8 HEMAP Consumer Credit Counseling AgenciesScan Date1121/2013 CUMBERLAND County Report last updated.11/11/2013 08:18 AM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 I Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue i York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation I 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 717-234-6616 - 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800--342-2397 I I i i I I i X VIII J 1.800.538.4900 1J'1?Y www.tasersub.com Scan Date11/21/2013 . • Service— IED D5,tlfi)D14Y.-NO I"Sisr.711Ce Coverage Provided) I • L e1 r-I IV11 u POMP to a. Im Certified Sm yl N N ru ti N LD 23.1 V Retum Receipt Fee Postmark p O Endorsement Requbed) Here CD r- cit Reatrfcted Gel v"Fee ��.■� -0 d c r E.doraerc�ent pegLtrec>) a Z O N N LuV1 i .-O N Q it 0 — a) p Total Postage 6 Foam O 0 W. Z 1 cD M n "'�� Y nn r > ti (A Q tL r O d erriTo NICHOLAS SWOREN > --��"' t� d ~ N E p, LL U ftot ADt No.: 144 RED TANK RD ^�+,� p _� L O C c = rPOBurNo. BOILING SPRINGS,PA 17007 C) y D_' J u y d _ r O % •C Ci 6� x1:State,ZIp+4 ui 0 0 C C o I "U I O SEPARATE AT 2. ' • • s DELIVERY PERFORATION i A 13 Agent 71791000164801258161 x 11 Addressee co B.Reoelved by(Pml w Hama) C.Date of Delivery 1.Article Addressed to: D.is delivery address di few from Item 17 [3Yes K YES enter del 4 $ I ivory addles below. Q No c NICHOLAS SWOREN t– t' –v+ 144 RED TANK RD 9 1 1 REYOVELABFLUD BOILING SPRINGS,PA 17007 OREcanTFROM8<ClmfcL a KACEIAm ATTWOF I m` orva.opMTHE wlafl 72 3.Service Type ®Certified 0i1E�"'�" ADDRESS f-r2 4.Restricted Delivery?(Extre Fee) Yes , 1 Code: 19-Nov-13 — PS form 3811 Dorrmft Rehm ReOellpt UNWED SIAT'ES POS7'/LL SERVICE I First-Class Mail i UPostage 8 Fees Paid Permd No.G-10 1 J ' • W am J � ' J RUSHMORE LOAN MGMT SVCS o 15480 LAGUNA CANYON RD#100 IRVINE, CA 92618 i 1 o �— LIFT HERE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff25'4 Jody S Smith SSP 23 Chief Deputy ,, g �' �� C"i�ti . Richard W Stewart P� ��� . , t��,7fi' Solicitor v+FFiGEtFTK RFF '�S YCVANIA �, US Bank NA vs. Nicholas Sworen Case Number 2014-5447 SHERIFF'S RETURN OF SERVICE 09/18/2014 08:19 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Nicholas Sworen at 144 Red Tank Road, South Middleton Township, Boiling Springs, PA 17007. J ON KINSLER, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, September 19, 2014 ROOK ANDERSON, SHERIFF (c) Cou , TC18OSCfl, i::... OD, SOUTH MIDDLETON TOWNSHIP, E EXP: 10/15/2014 144 RED TANK Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE SHERIFF Richard W Stewart Solicitor US Bank NA vs. Nicholas Sworen Case Number 2014-5447 SERVICE COVER SHEET [Service Details: Category: Manner: Notes: Civil Action - Complaint in Mortgage Foreclosure Adult in Charge Expires: Zone: 10/15/2014 Warrant: Mortgaged address is 144 Red Tank Road, if def. does not live here and then def. whereever he may reside. [Serve To: Name: Primary Address: Phone: Alternate Address: Phone: Alternate Address: Phone: Nicholas Sworen 144 Red Tank Raod South Middleton Township Boiling Springs, PA 17007 DOB: Mobile: Notes: Notes: Notes: [Attorney / Originator: Name: ‘t• 4? ‘2. N Date: Time: Mileage: Deputy: Emmanuel J Argentieri Phone: 856-384-1515 Service Attempts: SWOREN, NICHOLAS 6 Notes / Special Instructions: 7//k//y •2dei (c) CountySiine Sheriff Teleosof..