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HomeMy WebLinkAbout05-5257 MILSTEAD & ASSOCIATES, LLC BY: Pina S. W ertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Mortgage Electronic Registration Systems, Inc. PO Box 2026 Flint, MI 48501, Plaintiff, Vs. James R. Barrick 347 Old Stone House Road Boiling Springs, P A 17007, Defendant. Attorney for Plaintiff File # 1.04270 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 05 - S2s1 C~c.>~l~0L~ CIVIL ACTION MORTGAGE FORECLOSURE {00066765} 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, P A 17013 717-249-3166 {00066765} ************************************************************************************************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************************************** 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. {00066765} MILSTEAD & ASSOCIATES, LLC BY:Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., PO Box 2026 Flint, MI 48501 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: DS - 5' ;).s7 ~od ~~ CIVIL ACTION MORTGAGE FORECLOSURE Vs. James R. Barrick 347 Old Stone House Road Boiling Springs, P A 17007, Defendant. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Mortgage Electronic Registration Systems, Inc. (the "Plaintiff'), is a Delaware corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at PO Box 2026, Flint, MI 48501. 2. Plaintiff, Mortgage Electronic Registration Systems, Inc., is or will be the owner of legal title to the mortgage that is the subject of this action and nominee for Equity One, Inc., or its successors and assigns, which is the owner of the entire beneficial interest in the mortgage. 3. Defendant, James R. Barrick, (the "Defendant"), is an adult individual and is the real owner of the premises hereinafter described. 4. James R. Barrick, Defendant, resides at 347 Old Stone House Road, Boiling Springs, PA 17007. 5. On November 21,2003, in consideration of a loan in the principal amount of $122,850.00, the Defendant executed and delivered to Equity One, Inc. a note (the "Note") with {00066765} interest thereon at 7.94 percent per annum, payable as to the principal and interest in equal monthly installments of $896.30 commencing January 1, 2004. 6. To secure the obligations under the Note, the Defendant executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Equity One, Inc., its successors and assigns, a mortgage (the "Mortgage") dated November 21, 2003, recorded on November 25, 2003 in the Department of Records in and for the County of Cumberland under Mortgage Book 1846, Page 1973. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 347 Old Stone House Road, Boiling Springs, PA 17007. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 8. The Defendant is in default of his /her obligations pursuant to the Note and Mortgage because payments of principal and interest due May 1,2005, 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. 9. The following amounts are due on the Mortgage and Note: Balance of Principal $121,417.85 Accrued but Unpaid Interest from 4/1/05 to $4,965.53 10/5/05 @ 7.94% per annum ($26.41 per diem) Accrued Late Charges $224.10 Deferred Late Charges $44.82 Prepayment Penalty $3,844.86 Title Search Fees $350.00 Reasonable Attorney's Fees $1,250.00 TOTAL as of 10/05/2005 $132,097.16 {00066765} Plus, the following amounts accrued after October 5, 2005: Interest at the Rate of7.94 per cent per annum ($26.41 per diem); Late Charges of $44.82 per month. 10. Plaintiffhas complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session ofthe General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendant at 347 Old Stone House Road, Boiling Springs, P A 17007 as well as to address of residences as listed in paragraph 3 ofthis document on July 31, 2005, the notice pursuant to ' 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $132,097.16, plus the following amounts accruing after October 5,2005, to the date of judgment: (a) interest of$26.41 per day, (b) late charges of $44.82 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) and costs of suit. MILSTEAD & ASSOCIATES, LLC ;JZ;IC- Pina S. Wertzberger, Esquire Attorney for Plaintiff {00066765} VERIFICATION I, Pina S. Wertzberger, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff 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. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, relating to unsworn falsification to authorities. ?~ S- ( -- Name: Pina S. Wertzberger, Esquire Title: Attorney {00066765} ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE VILLAGE OF CHURCHTOWN (ALLEN P 0) MONROE TOWNSHIP, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS ON THE WEST BY MAIN STREET THENCE BY SAID STREET 35 1/2 FEET MORE OR LESS TO HIGH STREET THENCE BY SAID STREET 200 FEET TO AN ALLEY THENCE BY SAID ALLEY 35 1/2 FEET TO LOT NO 7 THENCE BY SAID LOT NO 7 200 FEET TO THE PLACE OF BEGINNING BEING LOT NO 8 OF ADDITIONAL PLAN OF TOWN LOTS .. BEING THE SAME PROPERTY CONVEYED TO JAMES R BARRICK BY DEED FROM JAMES E BARRICK AKA JAMES R BARRICK, ADULT SINGLE MAN AND KEITH A BARRICK AND SUSAN M BARRICK, HUSBAND AND WIFE RECORDED 09/13/1999 IN DEED BOOK 207 PAGE 614, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID# 22282401107 I J EXHIBIT A A TI81HX3 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage of your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pa~es The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (JIEMAP) ma.y be able to Help save your home. This notice explains how the program works. To see ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when yOU meet with the Counselin~ Agency. The name, address and phone number of Consumer Credit Counselin~ A~encies servicing your County are listed at the end of this Notice. Ifvou have any questions. vou may call the Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869 This Notice contains 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 SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION ThfMEDIA T AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUl\1ERO NIENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DAL V AR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. EXHIBIT B 381PA2 03/31103 UU8 0000936 OBIOl/05 CMEQTS02 2 02 001430579. 8 TIBIHX., July 31, 2005 382PAl 11/15/t)4 10:00 000093' 08/01105 CMEQTS02 2 OZ 0084305798 James r. Barrick 347 OLD STONE HOUSE RD (TWP MONROE) BOILING SPRINGS PA 17007-9666 LOAN ACCT NO.: 9835971 ORIGINAL LENDER: Equity One, Inc. CURRENT LENDER/SER VICER: Equity One, Inc. 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 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. IHlS. MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU BRING YOUR MORTGAGE IW TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T" 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 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 Homeo\\TIer'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 MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICA TION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONL Y 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). NA TURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 347 OLD STONE HOUSE RD (TWP MONROE) BOILING SPRINGS P A 17007 311PA.3 04/07103 14:U 0000936 D8/011OS CMEQTS02 2 02 0014305198 IS SERIOUSLY IN DEFAULT because: YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: May 2005 - July 2005 at $896.30 per month, totaling $2,688.90 plus the following: Escrow: Current Late Charges: Deferred Late Charges: NSF Charges: $824.10 $134.46 $44.82 $0.00 TOTAL AMOUNT PAST DUE: $3,692.28 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 WInCH IS $2,688.90 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WInCH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check or money order made payable and sent to: Equity One, Inc. 301 Lippincott Drive. Suite 100 Marlton. New Jersev 08053 IF YOU DO NOT CURE THE DEFAUL T - 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 payoff the mortgaged 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) 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 THE SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will 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 charges then due, reasonable attorney's fees and costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing the default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 3111'''4 04/07'03 14;60 0000936 08/01105 CMEQ TS02 :1 02 0084305791 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately FIVE (5) 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 fmd out at any time exactly what the required payment of the action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Address' Phone Number: Contact Person: Equity One, Inc. 301 Lippincott Drive, Suite 100 MarIton, New Jersey 08053 1-866-361-3460 Timothy Tracy EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, NJ 08053 1-856-396-3606 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 THE DEBT. TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN TIfREE TIMES IN ANY CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LA WSUlT 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 IS INCLUDED. :taIPMi 04107103 '-':42 OOOOID OBlol1OS CMEQTS02 2 02 0014305791 pennsylvania Housing Finance Agency Homeowner's Emerengency Mortgage Assistance Program Consumer Credit Counseling Agencies CUMBERLAND Adams County Housing Authority 139-143 Carlisle st. Gettysburg PA 17325 (717) 334-1518 FAX (717) 334-8326 kledford~adamscha.org CCCS of Western PA 2000 Linglestown Road Harrisburg PA 17102 (717) 541-1757 FAX (717) 541-4670 jcorrell@Cccspa.org Community Action Commission of Captial Region 1514 Derry street Harrisburg PA 17104 (717) 232-9757 FAX (717) 234-2227 lufcac@paonline.com Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro PA 17268 (717) 762-3285 717-762-0460 natalie@fcsl.com Loveship, Inc. 2320 North 5th Street Harrisburg PA 17110 (717) 232-2207 lsopportunities~aol.com PHFA 2101 North Front Street Harrisburg PA 17110 800-342-2397 7177803995 drotZ@lphfa.org Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg PA 17101 (717) 234-5925 FAX (717) 234-9459 rnbulmh@aol.com 381PHF 04/0110'1 '3020 OOOOtU C,IIOllo!> CMEQ.TS02 2 OZ 0014305798 - (J ~ Q r-' 0 A.J c::::? t , c..::J -on ~ .~ ~:.~ c_........ 0 ~ (; ---\ ....... -.. ~ \ "- ~ C)'I ~ --- ~ '.,' ......... F! --,",'" -........: -...... ;.::" (-~ (,,) ~ ....,... -.-j .r:- :0 -c 0"1 -< -ft SHERIFF'S RETURN - REGULAR CASE NO: 2005-05257 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BARRICK JAMES R MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARRICK JAMES R the DEFENDANT at 1820:00 HOURS, on the 11th day of October , 2005 at 208 MEALS DRIVE CARLISLE, PA 17013 by handing to JAMES R BARRICK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.80 .00 10.00 .00 32.80 r~~~~~~'~ R. Thomas Kline 10/12/2005 MILSTEAD & Sworn and Subscribed to before me this )( day of A.D. I II i I! I I I MORTGAGE ELECTRONIC, REGISTRATION SYSTEMS, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-05257 CIVIL TERM V. JAMES R. BARRICK, Defendant. CIVIL ACTION-LAW ANSWER James R. Barrick, Defendant, through his attorneys. O'Brien, Baric and Scherer, responds as follows; 1 - 7. Admitted. 8. The Defendant's counsel. on at least two occasions, has requested that a written statement be forwarded as to the amount that is due to bring the mortgage current. The Defendant has the statutory right to cure the default and pay the reasonable and actually incurred costs. The Plaintiff has just recently sent a statement. A copy is attached. The Defendant is arranging a loan from his retirement benefits and the payoff will have to be I I II updated to reflect additional expenses. 9. The Defendant denies that the amounts claimed in the Complaint are the reasonable and actually incurred amounts that are due. 10. Admitted. Wherefore, The Defendant requests that he be given the opportunity to cure the default by paying the reasonable and actually incurred costs, late fees, principal, interest and escrows. 'I Respectfully submitted, O'BRIEN, BARIC & SCHERER 1 I I I I ii II II II II I I I I' I ~r?~ Robert L. O'Brien, Esquire 1.0. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 II VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Y;;;;E/;BAff;;! II II I Reinstatement Ouote: Mortgagors: James Barrick Property address: 347 Old Stone House Road, Boiling Springs, P A 17007 Equity One Loan #: 9835971 Quote Good through: 1 1/09/05 Principal Interest Escrow Advances Accrued Late Charges Deferred Late Charges Corporate Advances Outstanding Attorneys Fees and Costs: $ 752.65 $6,417.75 $2,197.60 $ 313.74 $ 44.82 $ 735.17 $ 516.67 AMOUNT DUE TO REINSTATE: $10,978.40 If mailing payment, please submit as follows: Equity One, Inc. 121 Woodcrest Road Cherry HilI, NJ 08003 Payments MUST be received in the form of a cashier's check, money order, certified funds. Equity One, Inc. has the right to correct any portion of this reinstatement quote. {00070081 } 0 .-" C) "'" ("' c~,. _.c\. ef\ - .-\ ~Z: -'j' [',1 - ", "Co" " -<' t,^,) ~.:.2.. <.,/1 - ,; MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney 10# 77274 220 Lake Drive East, Suite 30 I Cherry Hill, NJ 08002 (856) 482-1400 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501, Plaintiff, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 05-5257 Civil Term Vs. James R. Barrick 208 Meals Drive Carlisle, PA 17013 Defendant. PRAECIPE FOR JUDGMENT FOR FAIL URE TO ANSWER AND ASSESSMENT OF DAMAGES '\..- TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against James R. Barrick, Defendant for failure to file an Answer on Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiffs darnages as follows: As set forth in Complaint Interest - 10/6/05 to 11/28/05 Late Charges Escrow Advance Corporate Advance TOTAL $132,097.16 1,426.14 44.82 935.80 2,689.84 $137,193.76 I hereby certifY that (I) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accor w.th I 7.1. copy attached. ....... ---" ------ , sqUire {00074229} MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Mortgage Electronic Registration Systems, Inc., Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 2005-05257 James R. Barrick, Defendant(s). TO: James R. Barrick 208 Meals Drive Carlisle, P A 17013 DATE OF NOTICE: November 2.2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. {00070972} Page 1 of 2 ." I CUMBERLAND COUNTY NOTICE TO DEFEND 32 S. BEDFORD STREET CARLISLE,PA 17013 717-249-3166 Pina S. Wertzberger, Esquire # 77274 {00070972) Page 2 of 2 rJ f\ ;'30 ~ ";:10 ., r c.' h \- T) t: ~ P ::-:.~ ~. ...... 1'-;:: t " 0 }\ f".J - \,..'.) .s ~, ~ '" ~>--j ~ .1) - r ':{ -:::- c \ ).., ,-" \ <'> \A '- MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482- 1400 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501, Plaintiff, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 05-5257 Civil Term Vs. James R. Barrick 208 Meals Drive Carlisle, P A 17013 Defendant. VERIFICATION OF NON-MILITARY SERVICE Pina S. Wertzberger, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: I. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended. 2. defendant, James R. Barrick is over 18 years of age and resides at 208 Meals Drive, Carlisle, P A 17013. {00074229} .\ 1'''''' \.Cl " r--,-' ------ , In the Court of Common Pleas of Cumberland County, PA Mortgage Electronic Registration Systems, Inc. CIVIL ACTION Plaintiff NO.: 05-5257 Civil Term Vs. James R. Barrick Defendant(s) Praecipe For Writ of Execution (MOI.tgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: I . Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above captioned matter; 3. and index this writ against the Defendant( s) as follows: Jarnes R. Barrick 4. Real property involved: 347 Old Stone House Road Boiling Springs, PAl 7007 AMOUNT DUE $137,193.76 INTEREST From 11/29105 to Date of $ Sale at $22.55 per diem TOTAL $ (Costs to be added) November 28, 2005 k-- {00074229} , ALL THAT CERTAIN lot or ground situate in the Village of Church town, (Allen, P.O.) Monroe Township, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: ON THE West by Main Street; thence by said street, 35 y:. feet, more or less, to High Street; thence by said Street, 200 feet to an alley; thence by said alley, 35 Y:. feet to Lot No.7; thence by said Lot No.7, 200 feet to the place of beginning. BEING Lot No.8 of Additional Plan of town lots. BEING KNOWN AS 347 Old Stone House Road, Boiling Springs, PA 17007 PARCEL ID NO: 22-28-2401-107 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {00074229} -' " r-,.) (-:, ~;I ~ ~_.~:l !'- ~ ~ ~ r",) " " ~ " ,,-, "I ...... () : : <. "- ,- "-, t(\ 'Iv '" ---.\ ~ d "" , ""\ "- \"", 'fc ~ '"' ,~ , "-. : '" <\:'::"1 v a "- '-- v (l, <0 " d (} ()\ ~ ~;. ~\) ?- ;-.. t 'J ~. WRIT OF EXECUTION and/or ATTACHMENT , COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N005-5257 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Mortgage Electronic Registlration Systems, Inc. Plaintiff (s) From James R. Barrick 208 Meals Drive, Carlisle, Pa. 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description. (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$137,193.76 L.L.$0.50 Interest from 11/29/05 to Date of Sale at $22.55 per diem Atty's Cornrn % Due Prothy $1.00 Atty Paid $82.00 Plaintiff Paid Other Costs Date: November 29, 2005 ') (Seal) By: 1 Deputy REQUESTING PARTY: Name Pina S. Wertzberger, Esq. Address: 220 Lake Drive East, Suite 301 Cherry Hill, N. J. 08002 Attorney for: Plaintiff Telephone: 8564821400 Supreme Court lD No. 77274 , MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Plaintiff : No.: 05-5257 Civil Term vs. James R. Barrick AFFIDAVIT PURSUANT TO RULE 3129.1 Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I. Narne and address ofOwners(s) or Reputed Owner(s): Mortgage Electronic Registration Systems, Inc., Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was tiled the following information concerning the real property located at 347 Old Stone House Road, Boiling Springs, PA 17007: James R. Barrick 208 Meals Drive Carlisle, PA 17013 2. Name and address ofDefendant(s) in the Judgment: Sarne as above 3. Narne and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {00074229I 4. Name and Address of the last recorded holder of every mortgage of record: Mortgage Electronic Registration Systems, Inc. (Plaintiff herein) P.O. Box 2026 Flint, MI 48501 Manufacturers and Traders Trust Company One M&T Plaza Buffalo, NY 14360 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 347 Old Stone House Road Boiling Springs, P A 17007 Department of Domestic Relations Cumberland COWlty Courthouse 13 N. Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verifY that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. 1 Wlderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to Wlswom fal 'fication to authorities. Date: November 28, 2005 f"..... ~.. {00074229} ,"') ,; -(1 f";,' .,', ....'-, ....,J ~"- III "':] , u: MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff No.: 05-5257 Civil Term Vs. James R. Barrick Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P..1ll2 TAKE NOTICE: Your house (real estate) at 347 Old Stone House Road, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on March 8, 2006 at 10:00 am in the Commissioner's Hearing Room, Cumberland COWlty Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $137,193.76 obtained by Mortgage Electronic Registration Systems, Inc.. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHEPJFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney"s fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on next page and how to obtain an attorney). {00014229} YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER r RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. If the amoWlt due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property Wltil the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. Y Oil may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of ge11ing your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland COWlty Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 05-1-04270 {00074229} ALL THAT CERTAIN lot or ground situate in the Village of Church town, (Allen, P.O.) Monroe Township, COWlty of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: ON THE West by Main Street; thence by said street, 35 Yz feet, more or less, to High Street; thence by said Street, 200 feet to an alley; thence by said alley, 35 Yz feet to Lot J\1o. 7; thence by said Lot No.7, 200 feet to the place of beginning. BEING Lot No.8 of Additional Plan of town lots. BEING KNOWN AS 347 Old Stone House Road, Boiling Springs, PA 17007 PARCEL ID NO: 22-28-2401-107 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling (OO074229) f- ] o m IT <( U CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 PAY TOTHE ORDER OF P;n~ ~ WPrT7.hprgpr DATE December 20. 2005 1$ CVM8ERLIIND CD'2Itdlll''''OOcts PROTHONOTARY'" '" m..: 05-525~f::mieS - Mgnt Electronic vs Barrick._ ._._ /? . "'00~585'" ':0>1>1501.': ~08 ~~ll?l"r' '..~.~ 24.00 DOLLARS ~ 60-1503/313 1585 ~,: r .!'!! ITI II I '.'1... I' ():) - ~d-)7 i 61 r-' = = cJ' c:::> pi C") ('.) ~~ ::i- ~ --\ ~1,~,::P . r- -C r'1 :rJ C; '~~~~ ~?{ -"\_n.. <,0 ~'",~ cn ;~ ~ 4? N cD RECEIPT FOR PAYMENT ** DUPLICATE ** ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Receipt Receipt Date 11/29/2005 Time No. 16:22:12 171427 MORTGAGE ELECTRONIC REGISTRATI (vs) BARRICK JAMES R Case Number 2005-05257 - RefuV\d. 0'I()f\\~ Remarks PD ATTY PINA S WERTZBERGER JM Total Paid $*******24,00 PYMT/CHECK Ref# 21019 ---------------------- Distribution Of Payment ---------------------- Transaction Description Payment Amount JDMT/DEFAULT WRIT OF EXEC CUMBERLAND CO GENERAL FUND CUMBERLAND CO GENERAL FUND 9.00 15.00 24,00 11~ -H f-.lQ ~. iJ el\.\ l.-be.~8e ~ ( I i NrJ ~)~-J~ ~ ~/ ~ ~ RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date Rece~pt Time ReceJ..pt No. 12/21/2005 15:11:18 172195 MORTGAGE ELECTRONIC POBOX 2026 FLINT, MI 48501 MORTGAGE ELECTRONIC REGISTRATI (vs) BARRICK JAMES R Case Number 2005-05257 Received of SHOULD NOT DEFAULT OR Total Non-Cash..... + Total Cash......... + Change. . . . . . . . . . . .. - Receipt total...... = HAVE TAKEN THE WRIT OR EXECUTION 24.00 Check# ,00 .00 24.00 1585 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount REFUND 24.00 WERTZBERBER PINA 24.00 Cumberland County Prothonotary's Office Manual Release Check Reglster Escrow Amount 15294312212005 PYS405 Distribution Case No -~------------------------------------------------------.------------------------ 1585 3887 WERTZBERBER PINA REFUND 2005- 05257 Accounting Tran Date Page 1 12/21/2005 Date Release Check Date: 12/21/2005 Check No.: PYMT/CHECK 24.00 12/21/2005 Grand total: 24.00 Payee total: 24.00 -------------------------------------------------------------------------------- MORTGAGE ELECTRONIC, REGISTRATION SYSTEMS, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-05257 CIVIL TERM JAMES R. BARRICK, Defendant. CIVIL ACTION-LAW PETITION TO STRIKE A JUDGMENT 1. Petitioner is Robert L O'Brien, Esquire, attorney for the Defendant. 2. Respondent is Mortgage Electronic Registration Systems, Inc. 3. On November 14, 2005, Petitioner filed an Answer to the Respondent's Complaint. The following day a copy of the Answer was sent with a cover letter to counsel for the Respondent. No response to the request for an updated statement has been received by Petitioner. A copy of the Answer and correspondence is attached. 4. Despite the Answer being filed, in early December the Respondent moved forward and took a default judgment. A copy of the default judgment is attached. Petitioner has called and left a message and requested that Respondent call Petitioner to address this situation. No return communication has been received. Prior to filing the Answer the Petitioner had called and left messages which were also ignored. Wherefore, Petitioner respectfully requests that a rule be issued upon the Respondent to show cause why the judgment should not be stricken from the record. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~ r2.Cits ~- Robert L. O'Brien, Esquire Attorney for Defendant LD. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle. Pennsylvania 17013 Robert L O'Brien David A. Baric Michael A. Scherer Aaron D. Jones (717) 249-6873 Fax (717) 249-5755 E-mail: obs{(i1obslaw.com November 15, 2005 Pina S. Wertzberger, Esquire Milstead & Associates, LLC Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, New Jersey 08002 RE: Mortgage Electronic Registration Systems, Inc. V. James R. Barrick Dear Attorney Wertzberger: Enclosed is an Answer that I have filed in response to your Notice. My client has made an application to his retirement plan to borrow funds to become current on his mortgage. The mortgage update which you forwarded was good until November 9, 2005, however, he expects that the funds will be arriving approximately the end of November. If you could please forward an updated statement to him, it would be appreciated. We will update you as we get more information from the retirement plan. Very truly yours, O'BRIEN, BARIC & SCHERER ~a3fU- Robert L. O'Brien, Esquire RLOlta cc: File James R. Barrick rlo\Clients\Barrick\wertzberger.ltr MORTGAGE ELECTRONIC, REGISTRATION SYSTEMS, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-05257 CIVIL TERM JAMES R. BARRICK, Defendant. C) c:: ,...'1 r.' ,:2) C.rl CIVIL ACTION-LAW 2~ -- o -n ~~li.1} 17: .::- - I 2-': .....1.,. :~ c.) - {;i James R. Barrick, Defendant, through his attorneys, O'Brien, Baric and Scherer, ANSWER -, C'll '< responds as follows; 1 - 7. Admitted. 8. The Defendant's counsel, on at least two occasions, has requested that a written statement be forwarded as to the amount that is due to bring the mortgage current. The Defendant has the statutory right to cure the default and pay the reasonable and actually incurred costs. The Plaintiff has just recently sent a statement. A copy is attached. The Defendant is arranging a loan from his retirement benefits and the payoff will have to be updated to reflect additional expenses. 9. The Defendant denies that the amounts claimed in the Complaint are the reasonable and actually incurred amounts that are due. 10. - Admitted. Wherefore, The Defendant requests that he be given the opportunity to cure the default by paying the reasonable and actually incurred costs, late fees, principal, interest and escrows. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~ Robert L. O'Brien, Esquire I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. /;;;ES ;<BA::! I I I! Reinstatement Quote: Mortgagors: James Barrick Property address: 347 Old Stone House Road, Boiling Springs, P A 17007 Equity One Loan #: 9835971 Quote Good through: 11/09/05 Principal Interest Escrow Advances Accrued Late Charges Deferred Late Charges Corporate Advances Outstanding Attorneys Fees and Costs: $ 752.65 $6,417.75 $2,197.60 $ 313.74 $ 44.82 $ 735.17 $ 516.67 AMOUNT DUE TO REINSTATE: $10.978.40 If mailing payment, please submit as follows: Equity Oue, Inc. 121 Woodcrest Road Cherry Hill, NJ 08003 Payments MUST be received in the form of a cashier's check, money order, certified funds. Equity Oue, Inc. has the right to correct any portion of this reinstatement quote. {00070081} . MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501, Plaintiff, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 05-5257 Civil Term Vs. James R. Barrick 208 Meals Drive Carlisle, PA 17013 Defendant. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against James R. Barrick, Defendant for failure to file an Answer on Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint Interest - 10/6/05 to 11 /28/05 Late Charges Escrow Advance Corporate Advance TOTAL $132,097.16 1,426.14 44.82 935.80 2,689.84 $137,193.76 I hereby certifY that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accor 'th 1 7.1. copy attached. DAMAGES ARE HEREBY ASSESSED AS INDICA TED DATE: 1Ikt~ J9./Mo{ {00074229) MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Mortgage Electronic Registration Systems, Inc., Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 2005-05257 James R. Barrick, Defendant(s). TO: James R. Barrick 208 Meals Drive Carlisle, P A 17013 DATE OF NOTICE: November 2. 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this 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 tl1at may offer legal services to eligible persons at a reduced fee or no fee. {00070972) Page I of 2 CUMBERLAND COUNTY NOTICE TO DEFEND 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Pina S. Wertzberger, Esquire # 77274 {00070972} Page 2 of 2 CERTIFICATE OF SERVICE I hereby certify that on January 4_, 2006, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Petition To Strike A Judgment, by first class U.S. mail, postage prepaid, to the person(s) listed below, as follows: Pina S. Wertzberger, Esquire 220 Lake Drive East Suite 301 Cherry Hill, NJ 08002 r ~d3:,~ 1/4/610 ~;~ L_ .;::;: :'[,. , .c- ..,., "J- q, ~7-.:, f-{~ C~~ \ --O-~ .:; ,L, :.-- {-'" n'1 , \ 8. t_,J -.. \~~., CJ Oy MORTGAGE ELECTRONIC, REGISTRATION SYSTEMS, INC., Plaintiff, .JAN () 6 LUUb ;:,J'f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-05251' CIVIL TERM JAMES R. BARRICK, Defendant CIVIL ACTION-LAW RULE TO SHOW CAUSE AND NOW, this ~ day of J7f)vV7 2.00 " , 2-Ge6, upon consideration of the Petition To Strike A Judgment, a rule is issued upon Plaintiff/Respondent to show cause, if any there be, why the relief requested in the Petition should not be granted. Rule returnable ~D days from service. BY THE COURT, Tti . ~ ~ ~ t ~~ r --- ~, ~ ..p..x~ .p \-,< n\ r.y',/"" (",('~ .C' n~ I,) \ (,.,d ~',:1 ".J ,,' MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney I.D. No. 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Our File No. 1.04270 Mortgage Electronic Registration Systems P.O. Box 2026 Flint, MI 48501, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 05-5257 Civil Term James R. Barrick 347 Old Stone House Road Boiling Springs, P A 17007, CIVIL ACTION MORTGAGE FORECLOSURE Defendant. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW comes plaintiff, Mortgage Electronic Registration Systems, by its attorney, Pina S. Wertzberger, Esquire of Milstead & Associates, LLC, and hereby moves this Honorable Court to enter summary judgment against defendant, James R. Barrick, in this mortgage foreclosure action and in support thereof avers the following: I. INTRODUCTION L This motion for summary judgment (the "Motion") comes before this Court upon an action in mortgage foreclosure. 2. Defendant, James R. Barrick, (the "Defendant"), filed an Answer in which he effectively admitted all of the allegations of the Complaint or answered with general denials and has failed to specifically deny the mortgage default. The claims set forth in the New Matter and Counterclaim do not raise a dispute as to the existence of the Note and Mortgage and the Defendant's default thereunder. {00079659} < II. PARTIES 3. Plaintiff, Mortgage Electronic Registration Systems (the "Plaintiff'), maintains a place of business at P.O. Box 2026, Flint, MI 48501. 4. Defendant is an adult individual residing at 347 Old Stone House Road, Boiling Springs, PA 17007. III. BACKGROUND 5. On or about November 21,2003, in consideration of a loan in the principal amount of$122,850.00 (the "Loan") extended to Defendant by Equity One, Inc. (the "Lender"), Defendant executed and delivered a promissory note in favor of the Lender in the amount of $122,850.00 (the "Note") which Note is payable in consecutive monthly installments of principal and interest, with the balance, if any, due pursuant to the terms thereof. A true and correct copy of the Note is attached to the Affidavit in Support of the Motion (the "Affidavit") as Exhibit "A" and made a part hereof by reference. 6. On or about November 21, 2003, in consideration of and as security for the Loan, Defendant executed and delivered a mortgage in favor of Plaintiff as nominee for Lender and its successors and assigns (the "Mortgage") upon the premises located at 347 Old Stone House Road, Boiling Springs, P A 17007 (the "Property") which Mortgage is recorded of record with the Recorder of Deeds on November 21, 2003 in and for the County of Cumberland, under Mortgage Book 1846, Page 1973. A true and correct copy of the Mortgage is attached to the Affidavit as Exhibit "B" and made a part hereof by reference. 7. The Mortgage encumbers the Property which is more fully described on Exhibit "c" attached to the Affidavit and made a part hereof by reference. 8. Defendant is the real owner of the Property encumbered by the Mortgage. 9. The Defendant is now in possession of the Property. 1000796591 . 10. Defendant is in default under the terms ofthe Note and Mortgage for, inter alia, failing to make monthly payments of principal and interest as and when due from May 1,2005, and all succeeding months, thereafter despite demand made by Plaintiff therefore. 11. By virtue of said default, Plaintiff has accelerated Defendant's obligations so that Defendant is indebted to Plaintiff under the Note and Mortgage as follows: Balance of Principal: Accrued but Unpaid Interest from 4/1/05 through 1/6/05 @ 7.94% per annum ($26.41 per diem) Accrued Late Charges Deferred Late Charges Prepayment Penalty Title Search Fees Reasonable Attorney's Fees TOTAL as of 1/6/06 TOTAL DEBT: $121,417.85 $7,421.66 $358.56 $44.82 $3,844.86 $350.00 $1,250.00 $134,687.75 $134.687.75 olus additional Attorneys' fees and costs Interest continues to accrue from and after January 6, 2006, at the m diem rate of $26.41. Additionally, the Note provides for and the Mortgage secures reasonable attorneys' fees and costs incurred by Plaintiff in connection with this action. Additional attorney's fees and costs continue to accrue as do late charges. 12. During the course of this action, Plaintiff may be obligated to make advances for the payment of taxes, insurance premiums and necessary repairs and expenses to preserve the security of its mortgage, and such sums advanced under the terms of the Note and Mortgage, together with interest, are to be added to the amount due on the Note and secured by the Mortgage. 13. Plaintifffully complied with the notice provisions of Act 6, 41 P.S. S 101 et seq. and Act 91, 35 P.S. S 1680AOI(c), et seq. A true and correct copy of the notice sent to {00079659{ Defendant in compliance with the requirements of Act 6 and Act 91 is attached to the Atlidavit hereto as Exhibit "0" and made a part hereof by reference. 14. According to the Note, Plaintiff may recover the attorneys' fees and costs incurred in this action. At the time of the entry of final judgment, PlaintifI will submit proof with regard to the actual amount of attorneys' fees and costs incurred in the action. ] 5. Defendant alleges without specificity in the Answer that Defendant has no knowledge as to whether or not the Mortgage as assigned. The Defendant makes this unsupportable allegation as though, even if true, would constitute a defense to the action. Moreover, the Defendant asserts this claim notwithstanding that the assignment is duly recorded. Defendant has failed to specifically deny the default under the Loan Documents and to specifically deny the calculation of the amount due thereunder. Specifically, Defendant alleges that the Plaintiff includes disallowed charges in the calculation of the amount due without any specificity. Moreover, the Defendant does not dispute the existence of the Note and Mortgage and the default thereunder. In other words, the Defendant does not raise an issue of genuine fact in dispute. ]6. Because Defendant's Answer does not create a genuine issue of material fact, this matter is ripe for disposition by way of summary judgment. {00079659} IV. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests an order granting its motion for summary judgment and striking the answer of the Defendant. Dated: Respectfully submitted, MILSTEAD & ASSOCIATES, LLC n / /'" I' ,/i Attorney for Plaintiff, Mortgage Electronic Registration Systems {000796591 MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney I.D. No. 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry HilI, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Our File No. 1.03721 Mortgage Electronic Registration Systems P.O. Box 2026 Flint, M148501, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 05-3748 Sames R. Barrick 347 Old Stone House Road Boiling Springs, PA 117007 CIVIL ACTION MORTGAGE FORECLOSURE Defendant. PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION The within matter is a mortgage foreclosure action. The Defendant has filed an Answer in which the Defendant does not dispute the mortgage default. Accordingly, there is no genuine issue of material fact to consider in this Court, and Plaintiff is entitled to judgment as a matter of law. II. STATEMENT OF FACTS Plaintiff, Mortgage Electronic Registration Systems (the "Plaintiff'), maintains a place of business at P.O. Box 2026, Flint, MI 48501. Defendant, James R. Barrick (the "Defendants"), is an adult individual residing at 347 Old Stone House Road, Boiling Springs, P A 17007. A. BACKGROUND {000796591 On or about November 21,2003, in consideration ofa loan in the principal amount of $122,850.00 (the "Loan") extended to Defendant by Equity One, Inc. (the "Lender"), Defendant executed and delivered a promissory note in favor of the Lender in the amount of$122,850.00 (the "Note") which Note is payable in consecutive monthly installments of principal and interest, with the balance, if any, due pursuant to the terms thereof. A true and correct copy of the Note is attached to the Affidavit in Support of the Motion (the "Affidavit") as Exhibit "A" and made a part hereof by reference. On or about November 21, 2003, in consideration of and as security for the Loan, Defendant executed and delivered a mortgage in favor of Plaintiff as nominee for Lender and its successors and assigns (the "Mortgage") upon the premises located at 347 Old Stone House Road, Boiling Springs, P A 17007 (the "Property") which Mortgage is recorded of record with the Recorder of Deeds on November 21, 2003 in and for the County of Cumberland, under Mortgage Book 1846, Page 1973. A true and correct copy of the Mortgage is attached to the Affidavit as Exhibit "B" and made a part hereof by reference. The Mortgage encumbers the Property which is more fully described on Exhibit "C" attached to the Affidavit and made a part hereof by reference. Defendant is the real owner of the Property encumbered by the Mortgage. The Defendant is now in possession of the Property. B. DEFAULT AND RELIEF REOUESTED Defendant is in default under the terms of the Note and Mortgage for, inter alia, failing to make monthly payments of principal and interest as and when due from May 1,2005, and all succeeding months, thereafter despite demand made by Plaintifftherefore. By virtue of said default, Plaintiff has accelerated Defendant's obligations so that Defendant is indebted to Plaintiff under the Note and Mortgage as follows: (00079659) Balance of Principal: Accrued but Unpaid Interest trom 4/1/05 through 1/6/05 @ 7,94% per annum ($26.41 per diem) Accrued Late Charges Deferred Late Charges Prepayment Penalty Title Search Fees Reasonable Attorney's Fees TOTAL as of 1/6/06 TOTAL DEBT: $121,417.85 $7,421.66 $358.56 $44.82 $3,844.86 $350.00 $1,250.00 $134,687.75 $134.687.75 DillS additional Attorneys' fees and costs Interest continues to accrue from and after January 6, 2006, at the ll>'! diem rate of $26.41. Additionally, the Note provides for and the Mortgage secures reasonable attorneys' fees and costs incurred by Plaintiff in connection with this action. Additional attorneys' fees and costs continue to accrue as do late charges. During the course of this action, Plaintiff may be obligated to make advances for the payment of taxes, insurance premiums and necessary repairs and expenses to preserve the security of its mortgage, and such sums advanced Wlder the terms of the Note and Mortgage, together with interest, are to be added to the amount due on the Note and secured by the Mortgage. PlaintitIfully complied with the notice provisions of Act 6, 41 P.S. S 101 et sea. and Act 91,35 P.S. S 1680.401(c), et sea. A true and correct copy of the notice sent to Defendants in compliance with the requirements of Act 6 and Act 91 is attached to the Affidavit hereto as Exhibit "D" and made a part hereof by reference. III. ARGUMENT There is no genuine issue of material fact as to Defendant's obligations under the Note and Mortgage and default on their obligations under the Note and the Mortgage. Thus Plaintiff {00079659} is entitled to judgment as a matter of law. Pennsylvania Rule of Civil Procedure 1035.2 provides that a motion for summary judgment will be granted if: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element ofthe cause of action or defense which could be established by additional discovery or expert report... Pa.R.Civ.P. 1035.2; Eckenrod v. GAF Corp., 375 Pa. Super, 187, 192, 544 A.2d 50, 53 (1988), allocatur denied, 520 Pa. 605, 553 A.2d 968 (1988); McCain v. Pennbank, 379 Pa. Super. 313, 318-319,549 A.2d 1311, 1313-14 (1988); see, also. Celotex v. Catrett, 477 U.S. 317, 322-23 (1986); Musser v. Vilsmeier Action Co., 522 Pa. 367, 753, 562 A.2d 279,280 (1991) (Summary judgment is proper where the facts are undisputed and only one conclusion may reasonably be drawn from them, that is, in those cases that are clear and free from doubt). A non-moving party may not rely merely upon controverted allegations in the pleadings, but must set forth specific facts by way of affidavit, or in some other way as provided by Rule 1035.2 of the Pennsylvania Rules of Civil Procedure, demonstrating that a genuine issues exists. Atkinson v. Haug, 424 Pa. Super. 406, 411, 622 A.2d 983, 985 (1993). Bald, unsupported assertions of conclusory accusations cannot create genuine issues of material fact. McCain, 379 Pa. Super. at 318-19, 549 A.2d 1313-14. In this case, there is no genuine issue of material fact as to Defendant's default on his obligations pursuant to the Note and Mortgage (sometimes hereinafter collectively referred to as the "Loan Documents"). The Loan Documents state that as conditions of the Loan Documents, Defendant must make all payments in the Loan Documents when due and in the amount due. The Defendant does not specifically deny the default under the Loan Documents. The Loan Documents also state that if this condition is breached, Plaintiff may declare the Mortgage to be in default, demand immediate payment of the Note and foreclose on the Mortgage and Property. {00079659} According to the Loan Documents, Plaintiff may recover the attorneys' fees and costs incurred in this action. At the time of the entry of final judgment, Plaintiff will submit proof with regard to the actual amount of attorneys' fees and costs incurred in the action. Defendant essentially admits the material facts set forth in Plaintiff's Complaint, which include, inter alia, the existence of the Loan evidenced by the Note and Mortgage executed by the Defendant; that after demand, Defendant failed, and continues to fail, to comply with the terms of the Mortgage, including payment thereof, for an excessive period of time; and that Defendant is in default of the Mortgage. The Defendant only alleges that the Plaintiff includes amounts not allegedly due under the calculation of amount due. Yet the Defendant sets forth no specific facts in support of his claim that the Plaintiff's calculation of the amount due is incorrect. Specifically, does not constitute an issue of fact sufficient to defeat summary judgment. Defendant's Mortgage account is contractually due for the period of January 6, 2006 to date, a period of nine (9) months to the date of the filing of this Motion. Thus, Defendant is living in the mortgaged premises for free. As a result of Defendant's nonperformance, the present action in Mortgage Foreclosure was filed and, as of this date, Defendant has failed to bring the account current. Defendant does not dispute that he failed to make regular monthly mortgage payments since November 1, 2004, and all succeeding months and remains in default pursuant to the Loan Documents. Since the Defendant does not dispute the default under the Loan Documents there is no material fact subject to a genuine dispute. (00079659) IV. CONCLUSION WHEREFORE, for the foregoing reasons, Plaintiff, Mortgage Electronic Registration Systems respectfully requests that summary judgment be entered in its favor and against the Defendant, James R. Barrick. Dated: Respectfully Submitted, MILSTEAD & ASSOCIATES, LLC l' Vi; / . '/.. / i \,.'..1 ./ J / BY: ~ il...t, l./ Pin s. Wertzbet!)Cr, Esquire 220 Lake Drive!I;last, Ste. 301 Cherry Hill, NJtv8002 Attorney for Plaintiff, Mortgage Electronic Registration Systems I00079659} ,. , . ",~ .'. MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney I.D. No. 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Our File No. 1.03721 Mortgage Electronic Registration Systems P.O. Box 2026 Flint, MI 48501, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 05-3748 Sames R.Barrick 347 Old Stone House Road Boiling Springs, PA 117007 Defendant. CNIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Pina S. Wertzberger, hereby certify that I have caused to be served a copy of Plaintiffs Motion for~u ary Judgment with Supporting Affidavit, Memorandum in Support of Plaintiffs Motion f~ ary Judgment and proposed form Order by first class mail, postage pre-paid this Gay of February, 2006 upon counsel for Defendant addressed as follows: ~ Robert O'Brien, Esquire 19 West South Street Carlisle, PA 17013 I ( /~ I \ l {00079659 } , , "I, MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney I.D. No. 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF OUf File No. 1.03721 Mortgage Electronic Registration Systems P.O. Box 2026 Flint, MI 48501, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 05-5257 Sames R.Barrick 347 Old Stone House Road Boiling Springs, P A 117007 Defendant. CIVIL ACTION MORTGAGE FORECLOSURE STATE OF NEW JERSEY SS. COUNTY OF CAMDEN : J. Michael Perry, being duly sworn to law, deposes and says that: I. I am an the Vice President of Default Servicing of Equity One, Inc. ("Lender") and am qualified to make the within Atlidavit, as the Lender maintains the books and records for Plaintiff. 2. Plaintiff, Mortgage Electronic Registration Systems ("MERS") (the "Plaintiff'), maintains a place of business at P.O. Box 2026, Flint, MI 48501. 3. Defendant, James R. Barrick, (the "Defendant"), is an adult individual residing at 347 Old Stone House Road, Boiling Springs, PA 17007. 4. As a vice president of Lender, I make the within Affidavit based upon my knowledge of this matter and upon my review of the Lender's books and records kept in the ordinary course of business. (00079659} . :t. 5. On or about November 21,2003, in consideration ofa loan in the principal amount of$122,850.00 (the "Loan") extended to Defendant by Equity One, Inc. (the "Lender"), Defendant executed and delivered a promissory note in favor of the Lender in the amount of $122,850.00 (the "Note") which Note is payable in consecutive monthly installments of principal and interest, with the balance, if any, due pursuant to the terms thereof. A true and correct copy of the Note is attached hereto as Exhibit "A" and made a part hereof by reference. 6. On or about November 21,2003, in consideration of and as security for the Loan, Defendant executed and delivered a mortgage in favor of PlaintifJ as nominee for Lender and its successors and assigns (the "Mortgage") upon the premises located at 347 Old Stone House Road, Boiling Springs, PA 17007 (the "Property") which Mortgage is recorded of record with the Recorder of Deeds on November 21, 2003 in and for the County of Cumberland, under Mortgage Book 1846, Page 1973. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof by reference. 7. The Mortgage encumbers the Property which is more fully described on Exhibit "C" attached hereto. 8. Defendant is the real owner of the Property encumbered by the Mortgage. 9. The Defendant is now in possession of the Property. 10. Defendant is in default under the terms of the Note and Mortgage for, inter alia, failing to make monthly payments of principal and interest as and when due from May 1,2005, and all succeeding months, thereafter despite demand made by Plaintiff therefore. 11. By virtue of said default, Plaintiff has accelerated Defendant's obligations so that Defendant is indebted to Plaintiff under the Note and Mortgage as follows: Balance of Principal: $121,417.85 {00079659} ~ Accrued but Unpaid Interest from 4/1/05 through 1/6/05 @ 7.94% per annum ($26.41 per diem) Accrued Late Charges Deferred Late Charges Prepayment Penalty Title Search Fees Reasonable Attorney's Fees TOTAL as of 1/6/06 $7,421.66 $358.56 $44.82 $3,844.86 $350.00 $1,250.00 $134,687.75 TOTAL DEBT: $134.687.75 nlus additional Attorneys' fees and costs Interest continues to accrue from and after January 1,2006, at the ~ diem rate of $26.41. Additionally, the Note provides for and the Mortgage secures reasonable attorneys' fees and costs incurred by Plaintiff in connection with this action. Additional attorney's fees and costs continue to accrue as do late charges. 12. During the course of this action, Plaintiff may be obligated to make advances for the payment of taxes, insurance premiums and necessary repairs and expenses to preserve the security of its mortgage, and such sums advanced under the terms of the Note and Mortgage, together with interest, are to be added to the amount due on the Note and secured by the Mortgage. 13. Plaintiflfully complied with the notice provisions of Act 6, 41 P.S. S 101 et seq. and Act 91,35 P.S. S 1680.401(c), et seq. A true and correct copy of the notice sent to Defendant in compliance with the requirements of Act 6 and Act 91 is attached hereto as Exhibit "D" and made a part hereof {00079659{ I . . I certify that the foregoing statements made by me are true and correct. 1 am aware that if any of the statements made by me are willfully false, I am subject to punishment. Swom to and Subscribed Before \ne this ;)3 day J' .J <V'l , 2D06 .J <J/'tJ-i Notary Public EDWINA J. fISHER NOrAI'I PUU: OF 1R.IEIl5IY Co ......L"lErpb../17/IDIO :O()(}79h5lJ: EXHIBIT" A" ,,\,,~\e\'dO NOTE MIN 1000466-0000415971-2 November 21. 2003 [DaleJ Marlton [City] New Jersey {State] 347 OLD STONE HOUSE RO (TWP ,MONROE) BOILING SPRINGS.PA 17007 fPropertyAddress] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $122.850.00 (this amount is called ~Principal.), plus interest, to the order of the Lender. The Lender is Equity One, Incorporated I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this NQfe 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 Tale of 7.9400 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) offuis Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on January 1, 2004 . I 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 tbis Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on December 1, 2033 , I still owe amounts under this Note, I will pay those amounts in fuB on that date, which is called the "Maturity Date. . I will make my monthly payments at 301 Lipp4ncott Drive, Marlton, NJ 08053 or at a different place if required by the NOle Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 896.30 4. BORROWER'S RIGIIT TO PREPAY 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. I may make a full Prepayment or panial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this 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 be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. E835971 MUlTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT G-SNI02071 . VMPMORTGA.GEfORMS MWD7102 Form 3200 1101 IIIIIIIIIIIIIIIIIII~III~IIIIIIIII PSEl"1ot3 IBOOI521-7~'..... IM....._ -__~ __ "\-':, S. LOAN CHARGES Ifa law, which applies 10 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 permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limils will be refunded to me. The Note Holder 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. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0000 % of my overdue payment of principal and interest. I wiJl pay this lale charge promptly but only once aD each late paymene (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 roe 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 which 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. (0) No Waiver By Note Holder Even if, at a time 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. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in fun 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 extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different acIdress. Any notice thai must be given to the Note Holder under this Note will be given by delivering it or 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. 8. OBLiGATIONS OF PERSONS UNDER TIllS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amounl owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this NOle, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. 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 10 require the Note Holder to give notice to other persons that amounts due have not been paid. E835971 G-5NI02071 . Peg.2of3 Form 3200 1/01 Inltj'I.:~ 10. 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 possible losses which might result in do not keep the promises which I make in this Note. That Security Instrument describes 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 are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within 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. l- ~ ~ lL....J. MES R. BARRICK (Seal) -Borrower (Seal) .Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] E835971 -5N(0005)R,,,,.ed JB 050053 02112101 (re~.7128103) Page3of3 F0rm32001101 E 8 3 5 9 71 PREPAYMENT RIDER TO NOTE This PREPAYMENT RIDER TO NOTE is made this 21 s t day of N 0 v e m b e r . 2003 and is incoporated into and amends, modifies and supplements the Note of the same date given by the undersigned (the "Borrower") to E qui t y On e. In cor p 0 rat e d (the 'Lender") and any riders or modifications thereto ("Note"). In addition to the agreements made in the Note, Borrower and Lender further agrees as follows: 1. The section of the Note entitled "Borrower's Right to Prepay", is hereby deleted in its entirety and replaced with the following language: 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due, but the Note Holder may apply any tendered payments first to any amounts then due and owing under this Note or under the Security Instrument and then to principal not yet due. A payment of principal only is known as a "prepayment". A prepayment of all the unpaid principal is known as a "full prepayment". A prepayment of only part of the unpaid principal is known as a "partial prepayment". When I make a prepayment I will tell the Note Holder in writing that I am doing so. If , make a partial prepayment, there will be no changes in the due dates or amounts of my subsequent scheduled monthly payments unless the Note Holder agrees in writing to those changes. Partial prepayments shall be applied to the last scheduled installments in reverse chronological order, unless otherwise required by applicable law, starting with the final scheduled monthly installment. If the aggregate amount of principal prepaid in any twelve (12) month period exceeds twenty percent (20%) of the original principal amount of this Note during the first 3 (T H R E E ) year(s) commencing from the date of this Note, then as consideration for the acceptance of such prepayment, and in addition to any other sum payable hereunder, I agree to pay the Note Holder a prepayment charge equal to six (6) months interest on the amount of any prepayment exceeding (20%) of the original principal loan amount. 2. Section 3 of the Note regarding application of payments is hereby amended by adding prepayment charges to the list of .other charges". ~it. ~ (Seal) (Seal) B '" JAM E S R BARRICK "'-, (Seal) (Seal) Borrower Borrower '1/PFS Prepay Rider 1st Uen -'2130102 EXHIBIT "B" . Prepared By: Jennifer Hatch 301 Lippincott Drive MarItan, NJ 08053 RetumTo: Equity One. 1ne. 301 Lippincott Drive. MarItan, NJ 08053 f f l,' Parcel Number:: 'J;,- (Space Above This Line For RecordiDi; Datal MORTGAGE MIN 1000466~0000415971-2 DEFINITIONS Words used, in multiple sections of this document are defined below and other words are defined in Sections 3, 11.'13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated November 21. 2003 together with all Riders to this document. (B) "Bon-.wer" i, JAMES R. 8ARRICK Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. J\.ffiRS is tbe mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501.2026, tel. (888) 679-MERS. E835971 PENNSYlVANIA: Single Family _ Fannie Mile/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3039 1/01 C-6AIPA)lo~05) pege,r!>ol15 MW[$ICl2 'OI'le,.(J.l6 VMPMOATGAGEFOAMS-(BOOl5~ I1111111111111111111111111111111111 q;::'"!'2:i~__ (D) "Lender", is Equity One, Incorporated Lender is a Corporat ion organized and existing under the laws of Lender'saddressis 301 Lippincott Pennsylvania Drive. Marlton. NJ 08053 (E) "Note" means the promissory note signed. by Borrower and dated November 21. 2003 The Note states that Borrower owes Lender One Hundred Twenty Two Thousand Ei ght Hundred Fifty and no/lOO Doll", (U.S. $122.850.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than December 1. 2033 (F) )'Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (II) URiders" means all Riders to this Security Instrument that are executed by Borrower: The following Riders are to.be executed by Borrower [check box as applicable]: :<1'- "', ~,.' '.";,:J,'::";',,:,. " D Adjtista~le Rate ~ider 0 Condominium Rider D Second Home Rider :iD Balloon Rjder ~/,:'), 0 Planned Unit Development Rider 0 1-4 Family Rider :~:DVARider\i 'DBiweeklyPaymentRider o Other(s)[specifyl ::,t>; y,' ',(I) ':"AppUcable'Law" means all controlling applicable federal, state and local stahites, regulations, . - ordinances and administrative rules and orders (that have the effect of law) as well as all applicable fmal, non~appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" IIleans all dues, fees, assessments and other charges, that are imposed 00 Borrower or the Property by '8. condominium association, homeowners association or similar organizatioo.r.t:'; (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated. by check, draft, or similar paper instrument, which is initiated through an electronic tenninal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a fioancial institution to debit or credit an- aCcount. ~uch term includes, but is not limited to, point...ofcsale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage. to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or ,condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan, (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (il) any amounts under Section 3 of this Security Instrument, _ Oi6AIPA! lG'i061 PlIg&2o!16 '""'''iftl Form 3039 1/01 E835971 '. (P) "RESPA" means the Real Estate Settlement Procedures Act (l2 V.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, ~RESP A W refers to all requirements and restrictions that are imposed in regard to a -federally related mortgage loanw even if the Loan does not qualify as a wfederally related mortgage loan" under RESPA. (Q) "Successor in InterESt of Borrower" mearis any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note andlor this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instnunent and the Note. For this pUTJ>ose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns ofMERS, the following described property located in the COUNTY [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiclion}: SEE EXHIBIT A which qmentiy has the address of 347 OlO STONE HOUSE RD (TWP . MONROE) BOILING SPRINGS ,J~Pl"Ope~ ~'~dreSS"); ~', _} -; ,,~ TOGETHER' willi, all the improvements now or hereafter erected on the property, and all . easements; appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall ,also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only.legal title .to the interests granted by Borrower in this Security Instrument, but, if necessary to comply Wlth law or '; -, tustom; MERS (as nominee for Lender and Lender's successors and assigns) has the right; to exercise any or all of those' interests, including, but not limited to, the right to foreclose and sell the Property; and to :: take any, action required of Lender including, but not limited to, releasing and canceling this Security Instrument. E835971 [City], Pennsylvania 17007 [SlTeet] [Zip Code) 'O.x>-6AIPAII.0206J Poge30116 '""'''~ Form 3039 1/01 ,'.," BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mongage, grant and convey the Property and that the Propeny 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 encwnbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nOD-uniform covenants with- limited variations by jurisdiclion to constitute a uniform security instrument covering real propeny. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interesr on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under t~e Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other Jdcation as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the LaM current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in "the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan currenE. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior _ to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the: principal balance of the Note. If Lender receives' a payment from Borrower -for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and late 'charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received to. the repayment of the Periodic Payments if, and to the extent that, each payment Page40116 InjtI81':~ Form 3039 1/01 can be paid in full. To the extent that any excess exisls after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments 'shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds.) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums tor any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance p.remiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tenn of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnisb to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in wriling. In the event of such waiver. Borrower shall pay directly, when and where payable, the amounts due for any EScrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase .covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Ilem, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow hems at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to penDit Lender to apply the Funps al.the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data aild reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later thail tbe time specified under RESPA. Lender shall not charge Borrower for holding and applying, the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest E835971 G-6AfPAlro2oBI . . P~.50116 I""I.I~ Form 3039 1/01 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there- is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for -the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held io escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. , 4. -Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the paymenr of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of (he lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are conclude(1; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the liento this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in mis Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification andlor reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. \Vhat Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood Zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or' certification. Borrower shall also be responsible for the payment of .any fees impoSed by the Federal Emergency Management Agency in connection with me review of any flood zone determination resulting from an objection by Borrower. E835971 G-6AIPAJw2051 . POg.5DI'5 ,.,....,~.R_J~) FOfm 3039 1/01 . If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might nol protect Borrower. Borrower's equity in tbe Propeny, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mongage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any fonn of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Propeny, such policy shall include a standard mortgage clause and shall name 4nder as mortgagee andlor as an additional Joss payee. :; In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender < may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any, insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied [0 -restoration or repair of the Propeny, if the restoration or repair is economically feasible and - , Lender) security is not lessened. During such repair and restoration period, Lender shall have the right to hold, such inSurance proceeds until Lender has had an opportunity to inspect such Propeny to ensure the work has: been completed to Lender's satisfaction, provided that such inspection' shall be. undertaken promptly.- Lender may disburse proceeds for Ihe repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law. requires interest to be paid on such insurance proceeds, Lender shall not be required 10 pay Borrower any interesLoreaffiings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid om of the insurance proceeds and shall be lhe sole obligation of Borrower. If the restoratio_n or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds. shall be applied to the sums secured by this Security Instrument, whether or not then due, with the exce'ss; if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.' . If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 Or, otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance : proceeds jnan amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights 'are applicable to the coverage of [he Property. Lender may use the insurance proceeds either to repair or res[Ore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. E835971 G.6AIPA) 102061 . Pago7of'6 Inili'I$~ Form3039 1'01 "'. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal resideoce within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property. allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not, economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient 10 repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable ql.use, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed ,to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is alegal proceeding that might significantly affect Lender's interest in the Property andlor rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien' which may attain priority over this Security Instrument or to enforce laws or '~regulatioDS); or (c) Borrower has abandoned the Property, then Lender may do and'pay for whatever is :' reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting andlor assessing the value ofthe Property, and securing andlor repairing the Property,: Lender's actions can include, but are Dot limited to: (a) paying any sums secured by a lien which haS priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable altomeys~,'fees to protect its interest in the Property andlor rights un4er this Security Instrument, including its secured position in a bankruptcy proceeding; Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or bOard up doors and windows, drain water from pipes, eliminate building or other code violations or darigerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not 'under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all .actions authorized under this Section 9. E835971 (f' 0-6AIPAI-I02061 "";' ,c&> F'ag.SOI16 IrUli.ls~ Form 3039 1/01 ';ji it Any amounts- disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesling payment. If this Security Instrument is on a leasehold, Borrower shall comply with all me provisions of the lease. If Borrower acquires fee title to the Propeny, the leasehold and the fee title shall not merge unless Lender agrees to tbe merger in writing. 10. Mortgage Insul'ance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If. for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage- insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage sutlstantially equivalent 10 the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithsGmding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by ail insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward me premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Botrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required 10 maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wrinen agreement between Borrower and Lender providing for such tennination or uotil termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in tbe Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on tenns and conditions that are satisfactory to me mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds thatthe mortgage insurer may have available (whiCh may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer. any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from.(or migbt be characlerized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often tenned "captive reinsurance.. Further: (3) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and tbey will not entitle Borrower to any refund. E835971 G-6AIPA)IOZ061 . . P.~e 9 0116 '"",.,~ Form 3039 1101 (b) Any such agreements will not affect the rights Borrower has. if any. with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance tenninated automatically, and/or to receive a reCund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property; if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property 10 ensure the work has been completed 10 Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be -required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Propeny, the Miscellaneous ProCeeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any , paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than "the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by _ this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking,. destruction, or loss in value divided by (b) the fair market value of the Propeny irrunediately before the partial taking, destruction, or Joss in value. Any balance shall be paid to Borrower. In the even! of a partial taking, destruction, or loss in value of the Propeny in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is Jess than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and -Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. ~Opposing Pany" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeirore of the Propeny or otber material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be E835971 0-6AlPA) {02061 . P"IIel0of16 In;';'I':~ Form3039 1101 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shaH be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security InstrumeOl granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signersj Successors and Assigns Bound, Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this. Security Instrument; (b) is not personally obligated to pay the sums secured by this Security ,Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any _ accommodations with regard to the terms of mis Security Instrument or the NOle without the . co-signer's consent. . Subject" ,to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain . all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from 'Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing:' The covenants and agreements of this Security Instrument shall bind (except as provided in ,Section 20) and benefit the successors and assigns of Lender. ,. :; 14. Loan Charges. Lender may charge Borrower fees for services performed in cOflllection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this SecUrity Instrument, including, but not limited to, attorneys' fees, propeny inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not, be construed as a prohibition on the charging of such fee. Lender may not charge :' fees that arelfxpressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so . that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce lhe charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any' prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's' acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices, All notices given by Borrower or Lender in cOlUlection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to E835971 ~"6AIPAJ(02061 -. . Page 11 0116 Injlje..~ Form 3039 1101 '. have been given to Borrower when mailed by first class mail or when acrua11y delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may _be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address staled herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law. the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security .Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, .Interest in the Propeny. means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) wilhout Lender's prior written consenl, Lender may require immediate payment in full of all sums secured by this Security . Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. ' . , If.Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide:a period of not less tban 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 ,.Sec1!rityInstrument without further notice or demand on Borrower. 'eJ, ' V'19,'. Borrower's :Right to Reinstate After Acceleration. If Borrower meets. certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to',the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this:'Security Instrument; (b) such other period as Applicable Law might specify for tbe termination of ;' BOITow~r's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are' that Borrower: (a) pays Lender all sums which then would be due under this Security j~stfum.7~t 3Ijd the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 'E8~5971 ,"".."w Form 3039 1/01 ; '.,.', , .' ;,...;\.,-,' '. ';.~6A(PAI'1620~1 " ~\ Plgl'~ .,118 c:"" agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration bad occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A ,sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obfigations under the Note, this Security Instrument, and Applicable Law. There alSo might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state ilie name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection witb a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer oilier than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with tlte Loan Servicer or be transferred [0 a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litiganl or the member of a class) Ihat arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving' of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action caD be taken, that tif!1e period will be deemed 10 be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances. are those substances defmed as toxic or hazardous substances; pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law. means federal laws and Jaws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup~ includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an .Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. I835971 ',OIl>-6AlPAl102061 P.ge13of'6 '";,;W~ Form 3039 1/01 Borrower shall nOI cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances. or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due 10 the presence, use, or release of a Hazardous SlIbstance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances. that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other aClion by any governmemal or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any EnvironmentalCondition, including bur not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condilion caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in tbis Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleratiol1 of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right. to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration aDd foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence (0 the extent pennitted by Applicable Law. 23. Release. Upon payment of all sums secured by Ihis Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a tee for releasing this Security Instrument, but only if the fee is paid 10 a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to tbe extent pennitted by Applicable Law, waives and releases any error or defecls 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 homeSlead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate Aller 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. E835971 C -6A{PA) t020~1 . P&g.14ol16 IrM';."~ Form 3039 1/01 BY SlGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ~ (Seal) -Borrower (Soal) -Borrower (Seal) -Borrower E835971 G-6AIPAlI0206) . ~f2-, ~. J ES R. BARRICK PogolSof16 (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Form 3039 1/01 " Certificate of Resid~ce T. DIAV'L-~...-....c.....- the correct address of the within-named Mortgagee is P.O. . do hereby cenify that Box 2026, Flint, MY 48501-2026. Witness my hand this 21st day of November. 2003 ~/"----;C)~ /~ , Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, C" Itterf II4<</) County ss: On this, the 21st day of undersigned ,?fficer, personally appeared JAMES November. 2003 R. BARRICK ,before me, the known to me (or satisfactorily';proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ~(~ IlJOT/hf1 !u6lC/ TIUeofOfficer .; ,::,NO~rillIW~' . &~dH1e M~ Heffelfinger, N~tago~~lic Low"i Pll~ll TWp.~ I)aopt..- 24 2003 MYC~lll15sl"nExpilC:;NO\. . M'E!m1Jer,pennsY\1Ji!,8JAss.:.:i::.o.'lCfNot::lrles Poge16cf16 ,."....~ Form 3039 1101 EXHIBIT "C" EXHIBIT A ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF MONROE IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 09/03/1999 AND RECORDED 09/13/1999, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 207 AND PAGE 614 AND AND BEING MORE FULLY DESCRIBED IN A DEED DATED 03/22/1988 AND RECORDED 03/22/1988, AMONG THE LAND RECORDS.OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME F33 AND PAGE 1070. ADDRESS, 347 OLD STONE HOUSE RD; BOILING SPRINGS, PA 17007 TAX MAP OR PARCEL 1D NO.: 22-28-2401-107 EXHIBIT "D" . . . . ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This IS an official notice that the mortga~e of vour home is in default and the lender intends to foreclose Snecific infonnation ahollt the nature of the default is provided in the attached pages no HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM rHEMAP\ m1\)' be able to Help save vOllr home. This notice exolains how the oroQ:ram works. To see ifHEMAP can help vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with vou when vou meet with the COllnselin~ A2:ency The name address and phone numher of Commmer Crf'tht ('ounselln~ A~enc'es serviclnp your County are listeo at the end of this Notice. Ifvou have anv Questions vou mav call the Pennsvlvania Housing Finance Agenev toll free at 1-800-342-2397 (Persons with impaired hearin~ can call 1717) 780-1869 This Notice contains legal infonnation. 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 ADmNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SI CAS A. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFlCACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO" HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DAL V AR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. 381PA2 0]131103 '0,1. COOOSlO OR'OIIOS CMEOTS02 202 0084305198 . . . . . July 31, 2005 lS2P"1 11/"'<14 10,00 QOOD9J'OS!Ol!DSCMEQTS02 2llZ DOli4JOS191i James r. Barrick 347 OLD STONE HOUSE RD (TWP MONROE) BOILING SPRINGS PA 17007-9666 LOAN ACCT NO.: 983597] ORIGINAL LENDER: Equity One, Inc. CURRENT LENDER/SERVICER: Equity One, Inc. YOU MAY BE ELIGIBLE FOR FINANCIAL ASS]ST ANCE 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 PENNSYL VANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days 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. IHlS. MEETING MUST OCCUR WITHIN THE NF:XT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASS]ST ANCE YOll BRING YOllR MORTGAGE UP TO DATE THE PART OF TH]S NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T" 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 addres~s and telenhone numbers of desi~nated commmer counselinlJ a,Qencies for the eountv in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-tn-face meeting. Advise your lender immediatelv 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 infonnation 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 Homeov,ner'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 MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICA TION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by thc Agency under the eligibility criteria cstablished by the Act. The Pcnnsylvania Housing Finance Agency has sixty (60) days to make a decision after it rcceives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notifled 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 INFORMA nON PURPOSES ONL Y 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: 347 OLD STONE HOUSE RD (TWP MONROE) BOILING SPRINGS PA 17007 381M] 0410710314'4" OCOOU6 0810110S C"1EQTSO~ ~ OZ OD84]OSI~B . . ., ... , . . IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: May 2005 - July 2005 at $896.30 per month, totaling $2,688.90 plus the following: Escro\\': Current Late Charges: Deferred Late Charges: NSF Charges: $824.10 $134.46 $44.82 $0.00 TOTAL AMOUNT PAST DUE: $3,692.28 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 $2,688.90 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check or money order made payable and sent to: Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, New Jersev 08053 IF YOU DO NOT CURE THE DEFAlJI.T - 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 payoff the mortgaged 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) 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 THE SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will 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 charges then due, reasonable attorney's fees and costs connected with the Shenffs Sale as specified in writing by the lender and by perfonning any other requirements under the mortgage. Curing the default in the manner set fortb in this notice will restore your mortgage to the same position as if you had never defaulted. ,.,pM 04/0710' 14,SO OOOOn601!CII06CMEQTS02 20;Z COl43OH9B . . " " ~ . . . EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately FIVE (5) 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 of the action will be by contacting the lender. HOW TO CONTACT THR LRNDER Phone Number' Contact Person: Equity One, Inc. 30 I Lippincott Drive, Suite 100 Marlton, New Jersey 08053 1-866-361-3460 Timothy Tracy Name of Lender' Addre~s ' EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSIlMPTION OF MORTGAGE - You mayor may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, NJ 08053 1-856-396-3606 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 THE 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 DEF AUL T. (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 PROCEEDINGS 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 IS INCLUDED. J91PA5 tl4107jQJ 14,42 00009310&/OllD,CMEQTSO& 20Z OOl4JOSHI . :'.. ',.. ~ ~ Pennsylvania Housing Fina~ Agency Homeowner's Emerengency Mortgage Assistance Program Consumer Credit Counseling Agencies CUMBERLAND Adams County HouSing Authority 139-143 Carlisle st. Gettysburg PA 17325 (717) 334-1518 FAX (717) 334-B326 kledford@adamscna.org cccs of Western PA 2000 Linglestown Road Harrisburg PA 17102 (717) 541-1757 FAX (717) 541-4670 jcorrel1@Cccspa.org Community Action Commission of Captial Region 1514 Derry Street Harrisburg PA 17104 (717) 232-9757 FAX (717) 234-2227 lufcac@paonline.com Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro PA 17268 (717) 762-3285 717-762-0460 natalie@fcsl.com Loveship, Inc. 2320 North 5th Street Harrisburg PA 17110 (717) 232-2207 lsopportunities@aol . com PHFA 2101 North Front street Harrisburg PA 17110 800-342-2397 7177803995 drotz@lphfa.org Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg PA 17101 (717) 234-5925 FAX (717) 234-9459 rnbulmh@aol . com J8'PHF 0410~!"3 13020 """0". 08/01!OS CMHlTSO~ ~ 02 "084305758 C) -,1 ,-., t;.j) \ 0) .....,-. -c' ~' ,..,' 0\ -., -------.- -------------- . , PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501, Plaintiff, vs. No. 2005-05257, CIVIL TERM James R. Barrick 347 Old Stone House Road Boiling Springs, PA 17007 Defendants. 1. State the matter to be argued: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. 2. Identify counsel who will argue cases: (a) For Plaintiff: Jill M. Wineka, Esq. (or associated attornev) Purcell, Krug & Haller 1719 N. Front Street. Harrisburg, PA 17102-230~ (b) For Defendant: Robert O'Brien, Esquire 19 West South Street. Carlisle, P A 17013 3. I will notifY all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: The 29th dav of March , 2006. Milstead & Associates, LLC / {000855421 ..1 ~-;\ -~-l MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney I.D. No. 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Our File No. 1.04270 Mortgage Electronic Registration Systems P.O. Box 2026 Flint, MI 48501, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO, 05-5257 Civil Term James R. Barrick 347 Old Stone House Road Boiling Springs, P A 17007, CIVIL ACTION MORTGAGE FORECLOSURE Defendant. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW comes plaintiff, Mortgage Electronic Registration Systems, by its attorney, Pina S. Wertzberger, Esquire of Milstead & Associates, LLC, and hereby moves this Honorable Court to enter summary judgment against defendant, James R. Barrick, in this mortgage foreclosure action and in support thereof avers the following: I. INTRODUCTION 1. This motion for summary judgment (the "Motion") comes before this Court upon an action in mortgage foreclosure. 2. Defendant, James R. Barrick, (the "Defendant"), filed an Answer in which he effectively admitted all of the allegations of the Complaint or answered with general denials and has failed to specifically deny the mortgage default. The claims set forth in the New Matter and Counterclaim do not raise a dispute as to the existence of the Note and Mortgage and the Defendant's default thereunder. (00079659) . . . IV. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests an order granting its motion for summary judgment and striking the answer ofthe Defendant. Dated: Respectfully submitted, MILSTEAD & ASSQCIATES, LLC /--) 'f' 1 I ,.J ).. ,. /'~' ." '.' c . / .....' , ,.... ., I! B\% '\..' / / Pina S. We zbfr er, squire 220 Lake Driv,e East, Ste. 301 Cherry Hill, N(JI08002 Attorney for Plaintiff, Mortgage Electronic Registration Systems (00079659) . . . MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney I.D. No. 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry HilI, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Our File No. 1.03721 Mortgage Electronic Registration Systems P.O. Box 2026 Flint, MI 48501, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 05-3748 Sames R. Barrick 347 Old Stone House Road Boiling Springs, P A 117007 CIVIL ACTION MORTGAGE FORECLOSURE Defendant. PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION The within matter is a mortgage foreclosure action. The Defendant has filed an Answer in which the Defendant does not dispute the mortgage default. Accordingly, there is no genuine issue of material fact to consider in this Court, and Plaintiff is entitled to judgment as a matter of law. II. STATEMENT OF FACTS Plaintiff, Mortgage Electronic Registration Systems (the "Plaintiff'), maintains a place of business at P.O. Box 2026, Flint, MI 48501. Defendant, James R. Barrick (the "Defendants"), is an adult individual residing at 347 Old Stone House Road, Boiling Springs, P A 17007. A. BACKGROUND (00079659) On or about November 21, 2003, in consideration ofa loan in the principal amount of $122,850.00 (the "Loan") extended to Defendant by Equity One, Inc. (the "Lender"), Defendant executed and delivered a promissory note in favor of the Lender in the amount of$122,850.00 (the "Note") which Note is payable in consecutive monthly installments of principal and interest, with the balance, if any, due pursuant to the terms thereof. A true and correct copy of the Note is attached to the Affidavit in Support of the Motion (the "Affidavit") as Exhibit "A" and made a part hereof by reference. On or about November 21, 2003, in consideration of and as security for the Loan, Defendant executed and delivered a mortgage in favor of Plaintiff as nominee for Lender and its successors and assigns (the "Mortgage") upon the premises located at 347 Old Stone House Road, Boiling Springs, P A 17007 (the "Property") which Mortgage is recorded of record with the Recorder of Deeds on November 21, 2003 in and for the County of Cumberland, Wlder Mortgage Book 1846, Page 1973. A true and correct copy of the Mortgage is attached to the Affidavit as Exhibit "B" and made a part hereof by reference. The Mortgage encumbers the Property which is more fully described on Exhibit "c" attached to the Affidavit and made a part hereof by reference. Defendant is the real owner of the Property encumbered by the Mortgage. The Defendant is now in possession of the Property. B. DEFAULT AND RELIEF REOUESTED Defendant is in default under the terms of the Note and Mortgage for, inter alia. failing to make monthly payments of principal and interest as and when due from May 1,2005, and all succeeding months, thereafter despite demand made by Plaintiff therefore. By virtue of said default, Plaintiff has accelerated Defendant's obligations so that Defendant is indebted to Plaintiff Wlder the Note and Mortgage as follows: (00079659) . is entitled to judgment as a matter of law. Pennsylvania Rule of Civil Procedure 1035.2 provides that a motion for summary judgment will be granted if: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report... Pa.R.Civ.P. 1035.2; Eckenrod v. GAF Com., 375 Pa. Super, 187, 192,544 A.2d 50, 53 (1988), allocatur denied, 520 Pa. 605, 553 A.2d 968 (1988); McCain v. Pennbank, 379 Pa. Super. 313, 318-319,549 A.2d 1311, 1313-14 (1988); see, also. Celotex v. Catrett, 477 U.S. 317, 322-23 (1986); Musser v. Vilsmeier Action Co., 522 Pa. 367, 753, 562 A.2d 279, 280 (1991) (Summary judgment is proper where the facts are undisputed and only one conclusion may reasonably be drawn from them, that is, in those cases that are clear and free from doubt). A non-moving party may not rely merely upon controverted allegations in the pleadings, but must set forth specific facts by way of affidavit, or in some other way as provided by Rule 1035.2 of the Pennsylvania Rules of Civil Procedure, demonstrating that a genuine issues exists. Atkinson v. Haug, 424 Pa. Super. 406, 411, 622 A.2d 983, 985 (1993). Bald, unsupported assertions of conclusory accusations cannot create genuine issues of material fact. McCain, 379 Pa. Super. at 318-19,549 A.2d 1313-14. In this case, there is no genuine issue of material fact as to Defendant's default on his obligations pursuant to the Note and Mortgage (sometimes hereinafter collectively referred to as the "Loan Documents"). The Loan Documents state that as conditions of the Loan Documents, Defendant must make all payments in the Loan Documents when due and in the amount due. The Defendant does not specifically deny the default under the Loan Documents. The Loan Documents also state that if this condition is breached, Plaintiff may declare the Mortgage to be in default, demand immediate payment of the Note and foreclose on the Mortgage and Property. {00079659} , . According to the Loan Documents, Plaintiff may recover the attorneys' fees and costs incurred in this action. At the time of the entry of final judgment, Plaintiff will submit proof with regard to the actual amount of attorneys' fees and costs incurred in the action. Defendant essentially admits the material facts set forth in Plaintiffs Complaint, which include, inter alia, the existence of the Loan evidenced by the Note and Mortgage executed by the Defendant; that after demand, Defendant failed, and continues to fail, to comply with the terms of the Mortgage, including payment thereof, for an excessive period of time; and that Defendant is in default of the Mortgage. The Defendant only alleges that the Plaintiff includes amounts not allegedly due under the calculation of amount due. Yet the Defendant sets forth no specific facts in support of his claim that the Plaintiff s calculation of the amount due is incorrect. Specifically, does not constitute an issue of fact sufficient to defeat summary judgment. Defendant's Mortgage account is contractually due for the period of January 6, 2006 to date, a period of nine (9) months to the date of the filing of this Motion. Thus, Defendant is living in the mortgaged premises for free. As a result of Defendant's nonperformance, the present action in Mortgage Foreclosure was filed and, as of this date, Defendant has failed to bring the account current. Defendant does not dispute that he failed to make regular monthly mortgage payments since November 1, 2004, and all succeeding months and remains in default pursuant to the Loan Documents. Since the Defendant does not dispute the default under the Loan Documents there is no material fact subject to a genuine dispute. (00079659) . : IV. CONCLUSION WHEREFORE, for the foregoing reasons, Plaintiff, Mortgage Electronic Registration Systems respectfully requests that summary judgment be entered in its favor and against the Defendant, James R. Barrick. Dated: Respectfully Submitted, MILSTEAD & ASSOCIATES, LLC /}/) ,) f // {j :iii . ~ 1 i I/i'i / BY: 'v{ ,il / Pin S. WertzbeL~h, Esquire 220 Lake Driverl1ast, Ste. 301 Cherry Hill, NJI.o8002 Attorney for Plaintiff, Mortgage Electronic Registration Systems (00079659) t ' t MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney I.D. No. 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Our File No. 1.03721 Mortgage Electronic Registration Systems P.O. Box 2026 Flint, MI 48501, Plaintiff, vs. Sames R.Barrick 347 Old Stone House Road Boiling Springs, P A 117007 Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3748 CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Pina S. Wertzberger, hereby certify that I have caused to be served a copy of Plaintiffs Motion for~s . ary Judgment with Supporting Affidavit, Memorandum in Support of Plaintiffs Motion f~ ary Judgment and proposed form Order by first class mail, postage pre-paid this. day of February, 2006 upon counsel for Defendant addressed as follows: Robert O'Brien, Esquire 19 West South Street Carlisle, P A 17013 {00079659} i~_ MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney I.D. No. 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Our File No. 1.03721 Mortgage Electronic Registration Systems P.O. Box 2026 Flint, MI 48501, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 05-5257 Sames R.Barrick 347 Old Stone House Road Boiling Springs, PA 117007 Defendant. CIVIL ACTION MORTGAGE FORECLOSURE STATE OF NEW JERSEY SS. COUNTY OF CAMDEN : J. Michael Perry, being duly sworn to law, deposes and says that: 1. 1 am an the Vice President of Default Servicing of Equity One, Inc. ("Lender") and am qualified to make the within Affidavit, as the Lender maintains the books and records for Plaintiff. 2. Plaintiff, Mortgage Electronic Registration Systems ("MERS") (the "Plaintiff'), maintains a place of business at P.O. Box 2026, Flint, MI 48501. 3. Defendant, James R. Barrick, (the "Defendant"), is an adult individual residing at 347 Old Stone House Road, Boiling Springs, P A 17007. 4. As a vice president of Lender, I make the within Affidavit based upon my knowledge of this matter and upon my review of the Lender's books and records kept in the ordinary course of business. (00079659) 5. On or about November 21, 2003, in consideration of a loan in the principal amount of $122,850.00 (the "Loan") extended to Defendant by Equity One, Inc. (the "Lender"), Defendant executed and delivered a promissory note in favor of the Lender in the amount of $122,850.00 (the "Note") which Note is payable in consecutive monthly installments of principal and interest, with the balance, if any, due pursuant to the terms thereof. A true and correct copy of the Note is attached hereto as Exhibit "A" and made a part hereof by reference. 6. On or about November 21,2003, in consideration of and as security for the Loan, Defendant executed and delivered a mortgage in favor of Plaintiff as nominee for Lender and its successors and assigns (the "Mortgage") upon the premises located at 347 Old Stone House Road, Boiling Springs, P A 17007 (the "Property") which Mortgage is recorded ofrecord with the Recorder of Deeds on November 21, 2003 in and for the County of Cumberland, under Mortgage Book 1846, Page 1973. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof by reference. 7. The Mortgage encumbers the Property which is more fully described on Exhibit "c" attached hereto. 8. Defendant is the real owner of the Property encumbered by the Mortgage. 9. The Defendant is now in possession of the Property. 10. Defendant is in default under the terms of the Note and Mortgage for, inter alia, failing to make monthly payments of principal and interest as and when due from May 1,2005, and all succeeding months, thereafter despite demand made by Plaintiff therefore. 11. By virtue of said default, Plaintiff has accelerated Defendant's obligations so that Defendant is indebted to Plaintiff under the Note and Mortgage as follows: Balance of Principal: $121,417.85 (00079659} " Accrued but Unpaid Interest from 4/1/05 through 1/6/05 @ 7.94% per annum ($26A1 per diem) Accrued Late Charges Deferred Late Charges Prepayment Penalty Title Search Fees Reasonable Attorney's Fees TOTAL as of 1/6/06 $7,421.66 $358.56 $44.82 $3,844.86 $350.00 $1,250.00 $134,687.75 TOTAL DEBT: $134.687.75 nlus additional Attorneys' fees and costs Interest continues to accrue from and after January 1, 2006, at the ~ diem rate of $26A1. Additionally, the Note provides for and the Mortgage secures reasonable attorneys' fees and costs incurred by Plaintiff in connection with this action. Additional attorney's fees and costs continue to accrue as do late charges. 12. During the course of this action, Plaintiff may be obligated to make advances for the payment of taxes, insurance premiums and necessary repairs and expenses to preserve the security of its mortgage, and such sums advanced under the terms of the Note and Mortgage, together with interest, are to be added to the amount due on the Note and secured by the Mortgage. 13. Plaintiff fully complied with the notice provisions of Act 6, 41 P.S. S 101 et sea. and Act 91,35 P.S. S 1680AOl(c), et seq. A true and correct copy of the notice sent to Defendant in compliance with the requirements of Act 6 and Act 91 is attached hereto as Exhibit "D" and made a part hereof. (00079659) I certify that the foregoing statements made by me are true and correct. I am aware that if any of the statements made by me are willfully false, I am subject to punishment. EDWINA J. FISHER NOrARrPUllUC a NEW JERSEY CcI-..&~.ton bpIa8s 111711I10 :00079659} Michael J. Milstead, Esq michael@rnilsteadlaw.cem' MILSTEAD & ASSOCIATES, LLC Attorneys at Law Woodland Falls Corporate Park 220 Lake Drive East, Ste 301 Cherry Hill, New Jersey 08002 TEL (856) 482-1400 FAX (856) 482-9190 Philadelphia Address: 235South 13\hStreel Philadelphia, PA 19107 Pina S. Wertzberger, Esq. PA & NJ pwertzberger@milsteadlaw.com Please Reply To: NJ Office Our File No. 04-1-03084 Lisa Ann Thomas, Foreclosure Administrator Ithomas@milsteadlaw.com February 6, 2006 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: MERS vs. James Barrick Case No.: 05-5257 Dear Sir/Madam: Enclosed please find an original and copies of the Motion for Summary Judgment, supporting documents and Praecipe for Argument. Please file the original and forward a time-stamped copy of the same to our office in the enclosed self-addressed envelope. Thank you for your attention to this matter. Qfi~I, Paralegal (OOOl1986) EXHIBIT "A" ...,,€)\'l\O '\'<4\...., NOTE MIN 1000466-0000415971-2 November 21, 2003 [Date] Marlton ICily} New Jersey [State] 347 OLO STONE HOUSE RD CTWP .MONROE) BOILING SPRINGS.PA 17007 [propcrtyAddress] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 122,850.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Equity One, Incorporated 1 will make all payments under this Note in the form of cash. check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by tTansfer 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 7.9400 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(8) 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 make my monthly payment on the 1st day of each month beginning on January 1, 2004 . I 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 December 1, 2033 , I still owe amounts under this Note, I will pay those amounts in full on thaI date, whicb is called the ~Maturity Date. . I will make my montbly payments at 301 Lippincott Drive, Marlton. NJ 08053 . or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $896.30 4. BORROWER'S RIGHT TO PREPAY I bave the right to make payments of Principal at any time before they are due. A payment of Principal only is knO'WIl as a "Prepayment.. 'When I make a Prepayment, 1 will tell tbe 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. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this 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 be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. E835971 MUlT1STATE AXED RATE NOTE-Single Family-Fannie MOJe/Freddie Mac UNIFORM INSTRUMENT C-SN10207l . VMP~ORTG"'GEFORMS. -"'., Form 3200 1/01 I ~III~ 1m 1~lllm ~llm II~ Pag.olofJ f80015:n'7~.'.. In)".... .'. ~". ' "%.',<; 5. 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 he collected in connection with this 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 lim.it; and (b) any sums already collected from me which exceeded pennitted limits will be refunded to me. The Note Holder 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, me reduction wiH be treated as a panial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the dale it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0000 % of my overdue payment of principal and iDlerest. I w.iIl 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 which 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 ny Note Holder Even if, at a time when I am in defauU, 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. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder win have the right to be paid back by me for all of its COSts and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or 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. 8. OBLlGA nONS OF PERSONS UNDER TIllS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of tbe promises made in this Note, including tbe promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these thmgs. Ally person who takes over these obligations. including the obligations of a guarantor, surety or endorser of this Note. is also obligated to keep all of the promises made in this Note. Tbe Note Holder may enforce its rights under this Note against each person individually or against all of us logetber. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. ~Presenlment. means me right to require the Note Holder to demand payment of amounts due. ~Notice of DishonorM means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. E835971 O~5NI01071 Paglt2o!3 Form 3200 1101 I..ti.a:~ I 10. UNIFORM SECURED NOTE This Note is II uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, II Mortgage, Deed of Trust. or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if! do not keep the promises which I make in this Note. That Security Instrument describes 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 are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not II natural person and II beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within 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. WI1NESS THE HAND(S) AND SEAL(S) OF TIrE UNDERSIGNED. ~A__ t. (LJ MES R. BARRICK (So,]) .Borrower (So,]) -Borrower (S""I) -Borrower (Seal) -Borrower (Seal) ..~ (S""I) -Borrower (Seal) -BolTOWer (Seal) -Borrower [Sign Original Only] EB35971 _5N(0005)RftvIsed JB050053 02112101 (rll'l.1128103) Paga3013 F0rm32001l1l1 E835971 PREPAYMENT RIDER TO NOTE This PREPAYMENT RIDER TO NOTE is made this 21 s t day of No v e m b e r . 2003 and is incoporated into and amends, modifies and supplements the Note of the same date given by the undersigned (the "Borrower-) to E qui ty 0 n e. In cor p 0 rat e d (the "Lender") and any riders or modifications thereto ("Note"). In addition to the agreements made in the Note, Borrower and Lender further agrees as follows: 1. The section of the Note entitled "Borrower's Right to Prepay". is hereby deleted in its entirety and replaced with the following language: 4. BORROWER'S RIGIIT TO PREPAY I have the right to make payments of principal at any time before they are due, but the Note Holder may apply any tendered payments first to any amounts then due and owing under this Note or under the Security Instrument and then to principal not yet due. A payment of principal only is known as a "prepayment". A prepayment of all the unpaid principal is known as a "full prepayment-. A prepayment of only part of the unpaid principal is known as a .partial prepayment". When I make a prepayment I will tell the Note Holder in writing that I am doing so. If I make a partial prepayment, there will be no changes in the due dates or amounts of my subsequent scheduled monthly payments unless the Note Holder agrees in writing to those changes. Partial prepayments shall be applied to the last scheduled installments in reverse chronological order, unless otherwise required by applicable law, starting with the final scheduled monthly installment. If the aggregate amount of principal prepaid in any twelve (12) I'flonth period exceeds twenty percent (20%) of the original principal amount of this Note during the first 3 (T H R E E ) year(s) commencing from the date of this Note, then as consideration for the acceptance of such prepayment, and in addition to any other sum payable hereunder, I agree to pay the Note Holder a prepayment charge equal to six (6) months interest on the amount of any prepayment exceeding (20%) of the original principal loan amount. 2. Section 3 of the Note regarding application of payments is hereby amended by adding prepayment charges to the list of "other charges". ~~. B ,J AM E S ~ (Sea~ (Seal) R. BAR R lC K - (Seal) (Seal) Borrower SOIf(JOl8l' '1IPFS Prepay Rider 1st lien '2/30102 . . EXHIBIT "B" , Prepared By: Jennifer Hatch 301 Lippincott Drive Marlton. NJ 08053 RetumTo: Equity One. Inc. 301 Lippincott Drive. Marlton. NJ 08053 ~ i I Parcel Number:~ ; l '.' ';r" (Space Abon 1bis LiDo For Recordlnl Data] MORTGAGE !'IN 1000466-0000415971-2 DEFINITIONS Words used, in multiple sectioDS of this document are dermed below and other words are defined in Sections 3, 11,''13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrumenttl means this document, which is dated November 21. 2003 together with all Riders to this document. (B) "Borrower" is JAMES R. 8ARR J CK Borrower is the mortgagor under this Securiry Instrument. (C) "MER$" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and bas an address and'telephone number of-P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. E835971 PENNSYLVANIA ~ Single Family _ Fannie Mile/Freddie Mile UNIFORM INSTRUMENT WITH MERS Form 3039 1'01 OOll-6AIPAII0206l ~"lI.' 01 16 MW06I02 VMPMORTG"'G~FORlo4S ,",,".\,\l6 lel)mS~ IIIIII~IIIIIIIII~IIIIIII~IIIIIII 00' .~j Q~~;:',~:~~:; " ) (D) "Lendel,"uis Equi,ty One, Incorporated Lender is a Corporation organized and ,existing under the Jaws of Lende(s add.tess is . 301 Lippi ncott Dri ve, Pennsylvania Marltan. NJ 08053 (E) "Note~'.meanS the promissory Dote signed by Borrower and dated November 21, 2003 The-Not_e states that Borrower owes Lender One Hundred Twenty Two Thousand Eight Hundred Fifty and na/lOO Doll"., (U.s. $122,850.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic 'Paymenrs and [0 pay the debt in full nor tater than December 1. 2033 . (F) ;'Property" means the propeny that is described below under the heading nTransfer of Rights in the Property.- _, . . (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment ch~ges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (HL"Riders" means all Riders to this Security Instrument that are executed by Borrower: The following ,:,Rid~ ~~to,be executed by Borrower [check box as applicable): }~~::d'A~J~~i~ Rate" ~id~ D Condomillium Rider 8 Second -Home Rider _ ::j:,jD B~~~n R~der '~:~f:il" 0 P~anned Unit Develo~ment Rider 1-4 Family Ri~er , '.~ OVA Rlder'~ 0 Biweekly Payment Rider Other(s) [specrfy] . ",.,.",. "- . >" ~. " f,"." :,';, :1,'JNn',t-. . /'- -" '~-,: f'.,_ ::,-, "-.:~ 0) ;uApplieable ~Law"l means all controlling applicable federal, state and local statutes, regulations, '. ?ordinantes ahd administrative rules and orders (that have the effect of law) as well as all applicable final, . :,,:' non~appealable judicial opinions,. , ,- (J) "Community Association Dues, Fees,_ and Assessments" ioeans all dues, fees, assessments and other " charges.. that are imposed on Borrower or the Properry bY_}t condominium association, homeowners ,association or similar organization.i :t';; . (K) "Electronic Funds_Transrerlt means any transfer of funds, other than a transaction originated by ",,,,check. draft; or similar paper instrument, which is initiated through an electronic terminal, telephonic 'instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial instimtion to debit ,or credit an. account. ~uch term includes, but is not limited to, point.of~sale transfers, automated teller 'machine traIisactions, transfersmitiated by telepbone, wire. transfers, and automated clearinghouse transfers. (L) "Escrow hems" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage. to, or deslJ1lction of, the Property; (ii) condemnation or other taking of all or any parr of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or .condition of the Propeny. (N) "Mortgage Insurance" means insunwce prOlecting Lender against the nonpayment of, or default on, the Loan. (0)' "Periodtc, Paymeottl means the regularly scheduled amount', due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. . E835971 Form3039 "0' ln~I"'~ ,_~-6A(PA!1r,j2?6) Page 2 "I 16 ,,,, (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R.Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, ~RESPA. refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or Dol that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals. extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns oiMERS, the following described property located in the COUNTY rryp~ of RecordiDg Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]: SEE EXHIBIT A i;:.. -.i".' ~~.J ,k d l' n,. ,> ;"tt,' ~, 1" ''f.e' :ii~. .,'; ~';':~;':;: 'I which ~nily has the address of ,,347 OLD STONE HOUSE RD CTWP .' MONROO BOILING SPRINGS ,("Property Address"); ',,'; ~"'.'..;:, '.:' .:.' ',. - . - .,' \-- '.c ~j ;.~ TOGETHER': 'WITH all the improvements now or hereafter erected on the property, and all easementsi' appurtenances, and fixtures now or hereafter a part of the property. All replacements and '. additions ':shaII, also be covered by this Security Instrument. All of the foregoing is referred to in this ; Security Instrument as the "Property. ~ Bo~wer ~nderstands and agre:s that MERS holds only.legal title 'to the Interests granted by Borrower m thiS Secunty Instrument, but. If necessary to comply With law or /custom: MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any , ;"or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to ;:Iake' any action required of Lender including, but not limited to, releasing and canceling this Security Instrument." . EB3597I [City], Pennsylvania 17007 (Street] (Zip Code} PIllo30116 ,.,,"~ Form 3039 1101 f:' ; ,f.;' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. . THiS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. . UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Ilems pursuant 10 Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under [];Ie Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) EJectronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such ocher location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rigbts hereunder or prejudice to its rights to refuse such payment or partial payments in 'the future, but Leoder is Dot obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring Ihe Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds Qr return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal bal'ance under the Note immediately prior, to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under . the Note andthis Secmity Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments 01" Proceeds, Except as olherwise described in this Section 2, all payments acCepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounls shall be applied first to late charges, second to any other amounls due under this Security Instrument, and then to redu~ the: principal balance of the Note. If Lender receives' a payment from Borrower for a delinquenl Periodic Payment which includes a sufficient !lIllount to. pay any late charge due, the payment may be applied to the delinquent payment and the late'charge. If more than one Periodic Payment is oUlstanding, Lender may apply any payment received t,o, ~~Jepayment of the Periodic ,Payments if, and to the extent that, each payment p.~4or16 Inltl"':~ Form3039 1/01 can be paid in full. To the extent that any excess exists after the paymenl is applied to the full payment of one, or. more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments 'shall be applied first to any prepayment 'charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments ate due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security InstnIment as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Propeny, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section lO. These items are called "Escrow items." At origination or at any time during the term of the Loan, Lender may require that ,Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promplly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any EScrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation 10 make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreemenl" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be Obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow llems at any time by a notice given in accordance with Section 15 and, upOn such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pennil Lender to apply the Fun~s at "the' time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amollnt 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 Leoder is an institution whose deposits are so insured) or in any federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow items no later thail the time specified under RESPA. Lender shall not charge Borrower for holding and applying, the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in 'Wt"iting or Applicable Law requires inlereSt to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest EB35971 '.OOl>-6AfPAI,I020Sl , POll.SollS ,",""J!ll Form 3039 1101 " shall be paid -on the Funds. Lender shall give to' Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there" is a surplus of Funds held in escrow, as defined Under RESPA, Lender shall account to Borrower for -the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined UDder RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in DO more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment. in full of all sums secured by this Security Instrument, Lender- shall promptly refund to Borrower any Funds held by Lender. ; 4.Cbargesj Liens, Borrower shall pay all [aXes, assessments, charges, fines, and impositions attributable to the Propeny which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Hems, Borrower shall pay them in the manner provided in Seclion 3. Borrower shall promptly discharge any lien which has priority over this Security Instnunent unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lendec, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by,oc defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to pre'{eDt the enfortement of the lien while those proceedings are pending, but only until such proceedings are conc1udect; oc (c) secures from the holdec of the lien an agreement satisfactory to Lender subordinating the lien"to this Security Instroment. If Lender determines thaI any part of the Property is subject to a lien which can anain prioritY over this Security Instrument, Lender may give Borrower a rlOtice identifying the lien;' Within 10 days of the date on which that notice is given, Borrower shall satisfy tbe lien or take one or more of the actions set forth above in this Section 4. ; Lender may require Borrower to pay a one-time charge for a real eslate tax verification and/or repOrting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall iceeP the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance ,shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant 10 the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall he chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone detennination and certification services and subsequent charges each time remappings or similar changes occur which reasonably rillght affect such determination or 'certification. Borrower shall also b~ responsible for the payment of .any fees impoSed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. EB3597I Q-6AIPAlltllOGl . Page6Dl16 'm."'~ Form 3039 1101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at' Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of tbe insurance coverage so obtained might significantly exceed the cost of insurance that_ Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additioTU\l debt of Borrower secured by this Security Instroment. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower reques[ing payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal . certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and ,shall name ~nder as mortgagee and/or as an additional loss payee. "'~ ~,In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender -; may-make Pwof of loss, if not made promptly by Borrower. UnleSs Lender and Borrower otherwise agree in writmg, any insuranCe proceeds, whether or not the underlying insurance was required by Lender, shall "be applied EO restoration or repair of the Property, if the restoration or repair is economically feasible and :', Lender',~ security is nqt lessened. During such repair and restoration period, Leoder shall have the right to hold such insurance prOceeds until Lender has had an opportunity to inspect such Property to ensure the work has:. been completed to Lender's satisfaction, provided that such inspection - shall ~ undertaken ;'promptly_' Lender may disburse proceeds for the repairs and restoration in a singh: payment or io a series of p~ogiess payments as the work is completed. Unless an agreement is made io writing or Applicable Law, :. requires. interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest:or _earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be lhe sole obligation of Borrower. If 'the restOration or repair is not economically feasible or Lender's security would be lessened, the insurance , proCeedS' shall be applied to the sums secured by this Security Instroment, whether or not then due, with ;'.the excess, ifany, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.: ' If Boririwer abandons the Property; Lender may file, negotiate and settle any available insurance claim aDd related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will -begin when the notice is given. In either event, or if Lender acquires the Property UDder Section,2~ Or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance ,. proceeds _in ,aD. amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any~ other of Borrower's rights (other than me right to any refund of unearned premiums paid by Borrower) under all insurance policies covering lhe Property, insofar as such rights are applicable to the . coverage of the Property. Lender may use Ibe insurance proceeds either to repair or restore the Property or to pay amounis unpaid under the Note or Ihis Security Instrument, whether or not then due. EB3597I Q-6AIPAJ-I02C61 . P_7ot16 '";';..~ Form 3039 1/01 L ".'" ~ .,..' 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrumenl and shall continue 10 occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection or the Property; inspections, Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. 'Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deterioraling or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not _ economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Prop_erty, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable ~use, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior (0 such an interior inspection specifying such reasonable cause. ,8. Borrower's Loan Application, Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave malerially false, misleading, or inaccurate information or statements to Lender (or' faiJed -to provide Lender with material infonnation) in connection with thel.Oan. Material representations include, but are nol limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection or Lendec's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this 'Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien' which may attain priority over this Security Instrument or to enforce laws or regulations); or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interesl in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and secqring and/or repairing ,the Property;;, Lender's -actions can include, but are Dot limited to: (a) paying any sums secured by a lien which baS priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys~' f~ to protect its interest in the Property and/or rights un9.er this Security Instrument, including its ~ecured position in a bankruptcy proceeding. Securing the Propeny includes, but is not limited to, entering- the, Property to make repairs, change locks, replace or bOard up doors and windows, drain water from pipes,' ,eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have 10 do so and is not :-under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all :actions authorized under this Section 9. 0)' EB35971 , ...~, 2_r '-_ ' ,':~.6~IPAI '102(6) "h'u ,~ ,:. Pig. e ~r 16 Inllllls~ Form 3039 1(01 .#'" ~' , ,,~'j '\'.:!'!i, Any amounts. disbursed by Lender under this Section 9 shall become additional debt of Borrower . secured by this Security Instnlment. These amounts shall bear interest at the Note rate from the date of disbursement and shaH be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage- insurer that previously provided such insurance and Borrower was required 10 make separately designared payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage suJ)stantially equivalent to.the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased 10 be in effect. Lender will accepl, use and retain these payments as' a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that Ihe Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by'aiJ.. insurer selected by Lender again becomes available, is obtained..and Lender requires separately designated paymems toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as. a condition of making the Loan and BoiTower was required to make separately designaled payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wrinen agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluale Iheir lotal risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make paymeots using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any oilier entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from.(or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange, for a share of the premiums paid to the insurer, the arrangemeol is often termed "captive reinsurance.. Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and tbey will Dot entitle Borrower to any refund. .E835971 ',O<<t-6AIPAlI02061 PIg.90!16 '"'".~ Form 3039 1'01 (b) Any such agreements will Dot affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the rigbt to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance., to bave the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premii.lms that were unearned at the time of such cancellation or termination. ,~11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property; if the restoration or repair is economically feasible and Lender's'security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed [0 Lender's satisfaction, provided thaI such inspection shall be undertaken promptly. Lender may pay for the repairs ,and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to he paid on such Miscellaneous Proceeds, Lender shall not be .required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the resloralion or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied 10 the sums secured by this Security Instrument, whether or nol then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. , < In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous ProCeeds shall be applied to the sums secured by this Security Instrument, whelher or not then due, witll the excess, if any , paid to Borrower. In the event of a partial taking, destrUction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than' the amount of the sums secured by this Security Instnunent immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by, this Security InstrumeDl shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) !he total amount of the sums secured immediately hefore the partial taking, _ destruction, or loss in value divided by (b) the fair market valUe of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid 10 Borrower. In the event of a partial taking, deslruction, or loss in value of !he Propeny in which the fair market value of the Property immediately before the partial raking, destruction, or loss in value is less than the amount of the sums secured inunediately before the partiaJ taking, destruction, or loss in value, unless Borrower and "Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to senle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. ' Borrower shall be in default jf any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instnunent. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be EB3597I O.6A{PAI'102061 . P"ll'10nI16 '"..,'~ Form 3039 1/01 dismissed with-a ruling that, in Lender's judgment, precludes forfeiture of the Propeny or other material impairment.of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amonization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any SuccCssors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums securoo by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, wilhout limitation, Lender's acceptance of payments from third persons, entities or Successors in'Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13, Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does nol execute the Note (a "co-signer"): (a) is co-signing this Security Instrument ,only to mortgage, grant and convey the co-signer's interest in the Property under the , ,,_terms o~ this,Security Instrument; (b) is not personally obligated to pay the sums secured by this Security , ", Iosthunent; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or : make any accommodations with regard to the tenns of this Security Instrument or the Note without the , '; C?-signer's cOnsent. . '.'~[: Subject;-to the provisions of Section 18, any Successor in Interest of Borrower who assumes :Borrower's obligations under this Security Instnunent in writing, and is approved by Lender, shall obtain .;. all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from -,iBorrower's obligations and liability under this Security Instrument unless Lender agrees to such release in . writing:'. The 'covenants and agreements of this Security Instrument shall bind (except as provided in .Section 20) and benefit the successors and assigns of Lender. ,,";'; \; 14.-'Loan Charges. Lender may charge Borrower fees for services performed in connection with ,Borrower's -default, for the purpose of prolectiog Lender's interest in the Property and rights under this secUrity Instrument, including, but not limited to, attorneys' fees, propeny inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borro\Ver shall not be construed as a prohibition on tbe charging of such fee. Lender may nol charge ,'_f~s that are ~xpressly prohibited by this Security Instrument or by Applicable Law. ': " :: If the Loan is subject to a law which sets maximum loan charges, and thaI law is finally interpreted so .; that the'interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the : charge to the permitted limit; and (b) any sums already collected from Borrower which exceedoo permitted : limits will bl: refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any' prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's'acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. , 15. Notices. All notices given by BOITower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in conneclion with this Security Instrument shall be deemed to E83597I ~-6AIPAJlO2061 --. . PlIQell 0116 '";,;,,~ Form 3039 1/01 '. have been given to Borrower wheD mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The Dotice address shall be the Property Address unless Borrower has designated a substirute Dotice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may _be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering il or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall Dol be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules or Construction. This Securitylnstrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such siIenceshall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Securiry Insuument: (a) words of Ule masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy, Borrower shall be given one copy of the Nole and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in Ihe Property" means any legal or beneficial interest in the Property, including, but not limited '<-to, those bet:leficial 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 Instromeni. However,- this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. ,'~ " lfl.ender exercises this option, Lender shall give Borrower Dotice of acceleration. The notice shall proviM--a period of not less than 30 days from the dale 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. , ,;;\f :~1~ 19;, Borrower's ;,Right to Reinstate After Acceleration. If Borrower meets, certain conditions, ~"_Borrow~r'shall have the right to have enforcement of this Security Instrument discontinued at any time "prior tc(the tatliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this:;Security Instnlment; (b) such other period as Applicable Law might specify for the termination of ]: j Borrower's rigbt to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those . . conllitidns are' that Borrower: (a) pays Lender all sums which then would be due under this Security ..:Instiument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or ':~;~' l':!'-' , 'E83597I -, ~ "C\_' ,."."w Form 3039 1/01 ~:~-6~{PA)-ro20~! " J" 'X,1-1\" -., Pago'2 <>1 16 Ai~" " agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but nOllimited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and Cd) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Inslrumeor, shall continue unchanged. Lender may require thaI Borrower pay such reinstatement sums and expenses in _ one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution' whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinslate shall not apply in the case of acceleration under Section 18. . 20, Sale of Note; Change or Loan Servicer; Notice or Grievance. The Note or a partial interest in the Note (together with chis Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and perform,!> other mortgage loan servicing obfigations under the Note, this Security Instrument, and Applicable Law: There also might be one or more changes of the Loan Servicec. unrelated to a sale of tbe Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA' requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower' will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neithel;" Borrower nor Lender may commence, join, or be joined 10 any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that-alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Sectiqn 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action cali be taken" that time period will be deemed to be reasonable for purposes of tbis paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances; pollutants, or wastes by Enviroilmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, malerials contaitting asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safely or- environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. ";" , .E83597I 2'..6AIPAJ 10206) ". , * '- PogllJot16 ,~;.~ Form 3039 1101 . Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affecls the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of smaIl quantities of Hazardous Substances, that are generally recognized to he appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in conswner products). Borrow~r shaH prompUy give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govern.mentaI or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any EnvironmentaI,Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation 00 Lender for an Environmental Oeanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenanl and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in tbis Security Instrument (but not prior to aoceIeration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of. among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleratiolJ of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right, to assert in the foreclosure proceeding the non-existence of a default or any other .defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option ~ay require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding, Lender shall be entitled to collect all expeoses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23, Release. Upon payment of all sums secured by this Security Instrument, this Security lnstrument and tbe estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Inslrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Secunty 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 bomestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend 10 one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27, Interest Rate After Judgment. Borrower agrees that the interest rale 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. EB3597I G.6A[PAII0206l . Pa~. 14 01 16 '"'""~ Form 3039 1101 " ~ .. '. . BY SlGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses; ~ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower EB35971 cD -6ACPAJ (0205) . ~f2-, ~. J ES R. BARRICK pO\Io15orl/; (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Form 3039 1/01 '. Certificate of Residt:l!ce I, 'DO-v"!.-- j:::..cI..n..<...- , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 21st day of November, 2003 ~----;CJ~.~ AgeQt of Mortgagee COMMoNViEALTH OF PENNSYLVANIA, Clil1!efl/14tt4) On this, the ,21st day of November, 2003 undersigned ~fficer, personally appeared JAMES R. BARRICK County ss: ,before me, the ._ .' _" , known to me (or satisfactorily "proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that hefsheJtheyexecuted the same for the purposes herein contained. r<i ,f. ti:,'. 'IN WITNESS WHEREOF, I hereunto set my hand and official seal. My CO~S~ion Expires; ~_, ~'..1 ',' ~~~ /Ij 0 TllY/1 !u 6lC/ .. title of Officer """-- ,:-','-' '--,'" ","," ;"',. ~ ""'...:---~"- ;",:_~~aISelll~" . Berocti~tte Nt Heffelfinger, N?tagJ:blic Lowcf PEI:tt"11! 1Wp., Daupr.1fl24. 2~3 My~m~siOil ~res NOl'. P>"I!!n1ber,..~,~yl\R."? 'Ass~f:':oo of Nct::rriss ~lgeHo!16 'M'''''~ Form 3039 1101 . '. EXHIBIT "C" " EXHIBIT A ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF MONROE IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 09/03/1999 AND RECORDED 09/13/1999, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 207 AND PAGE 614 AND AND BEING MORE FULLY DESCRIBED IN A DEED DATED 03/22/1988 AND RECORDED 03/22/1988, AMONG THE LAND RECORDS.. OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME F33 AND PAGE 1070. ADDRESS, 347 OLD STONE HOUSE RD; BOILING SPRINGS, PA 17007 TAX MAP OR PARCEL ID NO.: 22-28-2401-107 , '. EXHIBIT "D" . -. .. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortga~e ofvour home is in default and the lender intends to foreclose Specific infonnation about t),e nature of the defalllt 1~ provided in the attached p::l(1es The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to Help save your home. This notice exolains how the orogram works. To see ifHEMAP can he]o vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with vou when vou meet with the Counselinr Avency The name adrlress and phone numher of Cnmmmer Credit C:ollnselinu- Aeencies servicin~ VOIJT COlmty are listed ;:)t the end of this Notice. Ifvou have anv auestions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397 (Persons with impaired hearinv can call 1717) 780-]869 This Notice contains legal information. ]f 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 51 CA5A. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIAT AMENTE LLAMANDO EST A AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DAL V AR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. lB1P..,2 031'1103 10,18 OOQ~]6 OI!OlIOSCMEOHD2 20," Oot4JDi791 , .~ . July 31, 2005 le~."" 11!1."'" 10,00 000093608101)05 CM[QTSO, ZOZ 0084J057U James r. Barrick 347 OLD STONE HOUSE RD (TWP MONROE) BOILING SPRINGS PA 17007-9666 LOAN ACCTNO: 9835971 ORIGINAL LENDER: Equity One, Inc. CURRENT LENDERlSERVICER: Equity One, Inc. YOll 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 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 from the date ofthis 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. IHI.S MEETING MUST OCCUR WITHIN THE NEXT 130\ DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU BRING YOUR MORTGAGE IJP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T" EXPLAINS HOW TO BRING YOUR MORTGAGE JJP 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 addre!=:ses and teleohone numbers of designated commmer counselinQ: agencief; for the county in which the orooertv 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 immediatelv 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 Homeovmer's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeov.ner'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 MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by tlle 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 requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONL Y 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). NA TURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 347 OLD STONE HOUSE RD (TWP MONROE) BOILING SPRINGS P A 17007 3a'P"3 04/07/OJ 14,.w DaO~9H caIC,rDi CMEQTS02 202 0084305711 " ~ ',.. ,.. IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: May 2005 - July 2005 at $896.30 per month, totaling $2,688.90 plus the following: Escrow: Current Late Charges: Deferred Late Charges: NSF Charges: $824.10 $ 134.46 $44.82 $0.00 TOTAL AMOUNT PAST DUE: $3,692.28 HOW TO ClJRE THE DEFAlJI,T- 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 $2,688.90 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check or money order made payable and sent to: Equity One, Inc. 301 Liooincott Drive, Suite 100 Marlton. New Jersev 08053 IF YOU DO NOT CIJRF THF DFFAIJL T - 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 ofthis debt will be considered due inunediately 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 IJPON - The mortgaged property will be sold by the Sheriff to payoff the mortgaged 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) 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 THE SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will 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 charges then due, reasonable attorney's fees and costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing the default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. JilP"'4 tl4101103 14'l~ 0000''''6 o.I/"IOf CMfQTS02 2DZ allll43llS1U l, .' .~ I. . EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately FIVE (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to yon before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find ont at any time exactly what the required payment of the action will be by contacting the lender. HOW TO CONTACT THF LFNDFR Phone Number' Contact Person: Equity One, Inc. 30 I Lippincott Drive, Suite 100 Marlton, New Jersey 08053 1-866-361-3460 Timothy Tracy Name of Lender: Address' EFFECT OF THE 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 mayor may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: Equity One, Inc. 30 I Lippincott Drive, Suite 100 Marlton, NJ 08053 1-856-396-3606 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 THE DEBT. TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HA VB TillS RIGHT TO CURE YOUR DEF AUL T MORE THAN TIIREE TIMES IN ANY CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VB TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED 3B,PA5 04107)OJ l4'4;! 01lO0U601!0IlllSCM.07S02 20Z 0_305701 '. .. .,.. '..t( ~ Pennsylvania Housing Finance Agency Homeowner-Is Emerengency Mortgage Assistance Program Consumer Credit Counseling Agencies CUM8ERLAND Adams County Housing Authority 139-143 Carlisle S~. GettYSburg PA 17325 (717) 334-1518 FAX (717) 334-8326 kledford.adamscha.org CCCS of Western PA 2000 Linglestown Road Harrisburg PA 17102 (717) 541-1757 FAX (717) 541-4670 jcorrel1@occspa.org Community Action Commission of Captfal Regton 1514 Derry Street HarriSburg PA 17104 (717) 232-9757 FAX (717) 234-2227 lufcac@paonline.com Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro PA 17268 (717) 762-3285 717-762-0460 natalie@fcsl.com Loveship, Inc. 2320 North 5th Street Harrisburg PA 17110 (717) 232-2207 lsopportunities@aol.com PHFA 2101 North Front street Harrisburg PA 17110 800-342-2397 7177803995 drotz@lphfa.org Urban League of Metropolitan Hbg 2107 N. 6th Street HarriSburg PA 17101 (717) 234-5825 FAX (717) 234-9459 rnbul~ac>l . corn lB1PH'I'04!O.I.J ,J". ".093i'.J.'IOSCMEo.rsO, '02 Oll843OS1U !'""' ) -" ~ - - "~I .~ ----- MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney LD. No. 77274 Woodland Falls Corporate Park 220 Lake Drive East, Snite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Our File No. 1.04270 Mortgage Electronic Registration Systems, LLC P.O. Box 2026 Flint, MI48501 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 2005-05257 vs. CIVIL ACTION James R. Barrick 347 Old Stone House Road Boiling Springs, P A 17007 MORTGAGE FORECLOSURE Defendants. PRAECIPE TO WITHDRAW SUMMARY JUDGMENT MOTION TO THE PROTHONOTARY: Kindly withdraw the Plaintiffs Motion for Summary Judgment without Prejudice. MILSTEAD & ASSOCIATES, LLC c..... {OOO91415} (,;) c::; ,I"~ ~' -----~ MILSTEAD & ASSOCIATES, LLC BY; PINA S. WERTZBERGER, ESQUIRE Attorney I.D. No. 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ATTORNEY FOR PLAINTIFF Our File No. 1.04270 Mortgage Electronic Registration Systems, LLC P.O. Box 2026 Flint, MI 48501 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 2005-05257 vs. CIVIL ACTION James R. Barrick 347 Old Stone House Road Boiling Springs, P A 17007 MORTGAGE FORECLOSURE Defendants. PRAECIPE TO WITHDRAW PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY; Kindly withdraw the Plaintiffs Praecipe for Listing Case for Argwnent without Prejudice. MILSTEAD & ASSOCIATES, LLC 7 /---- .' {00095155} ,~? \';') c,"; CC' , - ':D~ ,,-0 -......-'"-~---- MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File #1.04270 Mortgage Electronic Registration Systems, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 2005-05257 James R. Barrick, Praecipe to Settle, Discontinue and End Defendant. TO THE PROTHONOTARY: Kindly mark the above captioned Mortgage Foreclosure Action settled, discontinued, and ended without prejudice upon payment of your costs only. Pina zberg, quire Attorney ID No.7 2 4 Dated: . ~PD ~f? j TEAD & ASSOCIATES, LLC L::_ {00064720} '~', :' {'. I