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Home My WebLink About05-5710 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM C~o~L~~ CUMBERLAND COUNTY v. NO. 0 S- - 57ft) CATHY J. SWARTZWELDER 25 SOUTH OLD STONEHOUSE ROAD CARISLE, PAl 7013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 ohjections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TEl.EPHONE TilE OFFICE SET FORTIl BELOW. TillS OFFICE CAN PROVIDE YOU WITIlINFORMA TlON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO IlIRE A LAWYER, THIS OFFICE MAY BE ABl.E TO PROVIDE YOU WITIlINFORMATlON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 125022 Filc#: 125022 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGA TION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known addressees) ofthe Defendant(s) are: CATHY J. SWARTZWELDER 25 SOUTH OLD STONEHOUSE ROAD CARISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/18/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1857, Page: 3575. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monlhly payments of principal and interest upon said mortgage due 07/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 125022 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2005 through 11/02/2005 (Per Diem $15.36) Attorney's Fees Cumulative Late Charges 02/18/2004 to 11/02/2005 Cost of Suit and Title Search Subtotal $84,639.20 2,380.80 1,250.00 109.92 $ 550.00 $ 88,929.92 Escrow Credit Deficit Subtolal 0.00 52.58 $ 52.58 TOTAL $ 88,982.50 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 88,982.50, together with interest from 11/02/2005 at the rate of$15.36 per diem to the date of Judgment, and other cosls and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP o ~ By Is/~~~ Sili!.~ . LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 125022 LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center ofTrindle Road (Pennsylvania Route 641) at the comer of land now or formerly of the Zeigler Estate; thence by the centerline of said Road, North 82 degrees 52 minutes 10 seconds East 100 feet to a nail; thence by the dividing line between Lots Nos. I and 2 on the hereinafter mentioned Subdivision Plan, by land now or formerly of Kenneth L. Hurley and Deborah A. Hurley, husband and wife, South 27 degrees 04 minutes 00 seconds East 462.57 feet to an iron pin; thence by land now or formerly of Clarence HaiT, South 82 degrees 52 minutes 10 seconds West 100 feet to an iron pin; thence by land now or formerly of the Zeigler Estate, North 27 degrees 04 minutes 00 seconds West 462.57 feet to a nail in the center line of Trindle Road, the Place of BEGINNING. THE ABOVE TRACT is improved with a dwelling known as 1351 West Trindle Road, Carlisle, Pennsylvania 17013. CONTAINING a total lot area of 43,485 square feet including the portion of said premises under and subject to the dedicated right-of-way line of Trindle Road and BEING Lot No. I on the Subdivision Plan of Lots ofIrvin F. Hurley and Mildred B. Hurley, recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 41, Page 131. BEING part of the same property which Clarence C. Hair and Anna R. Hair, husband and wife, by their Deed dated September 16, 1976, and recorded in the Office aforesaid, in Deed Book '0', Volume 26, Page 418, granted and conveyed unto Irvin F. Hurley and Mildred B. Hurley, husband and wife, Grantors herein. File #: 125022 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. /J ~ 5- Fraiicis S. Hallinan, Esquire Attorney for Plaintiff DATE:~ () ~ 8 id lI<. (") ~ Q, ~ l.r\ ~;, ~ ::? ~ -- ~ ,..n~ :g!~ .:t:: lrt , ;:i.~~ -3!~ -- \) c..> -::r ~ ~ ~,. (;.;(-') () 'IJ -;"" ~>rn _u',.. , , ~ - '::::~ V1 \ c::: ~ 0 <-" :-< \) n 'v -r- -L , SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05710 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SWARTZWELDER CATHY J R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SWARTZWELDER CATHY J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SWARTZWELDER CATHY J 1351 WEST TRINDLE ROAD CARLISLE, PA 17013 HOUSE IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 4.80 5.00 10.00 .00 25.80 So answers' '.' . '" "~~2'-:~=-----_' R. Thomas Kline Sheriff of Cumberland County > PHELAN HALLINAN SCHMIEG 11/16/2005 Sworn and subscribed to before me this ,2 a "",d.... day 0 f -yl<,'1i<.M-..6.,-<-< J""akS; Pr thon a y \ SHERIFF'S RETURN - REGULAR CASE NO: 2005-05710 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SWARTZWELDER CATHY J WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWARTZWELDER CATHY J the DEFENDANT , at 1750:00 HOURS, on the 15th day of November, 2005 at 25 SOUTH OLD STONEHOUSE ROAD CARLISLE, PA 17013 by handinq to CATHY J SWARTZWELDER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directinq Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.80 .00 10.00 .00 32.80 .,./; ,,;:' '. ~ .~ 7.-?;!:...".,,.,;d'<t: ,( ~~ , ' R. Thomas Kline 11/16/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: r/~ II/--:- - Deputy Sheriff me this j;!..--.c day of '11t -' .;) c'-O:' A.D. SALZMANN HUGHES, P.C. BY: E. Ralph Godfrey, Esquire Attorney I.D. No. 77052 354 Alexander Spring Road, Suite 1 Carlisle, PA 17013 (717) 249-6333 Attorney for Defendants MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANTA v. CIVIL ACTION CATHY J. SWARTZWELDER NO. 05-5710 Defendant NOTICE TO PLEAD TO: Mortgage Electronic Registration Systems, Inc. You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. SALZMANN HUGHES, P.c. By E. Ralph Godfrey, uire) Attorney T.D. No. 77052 354 Alexander Spring Road Suite 1 Carlisle, P A 17013 (717) 249-6333 Attorneys for Defendant Dated:/2-!O ~ ~ ... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION CATHY 1. SWARTZWELDER NO. 05-5710 Defendant DEFENDANT'S ANSWER AND NEW MATTER TO COMPLAINT IN MORTGAGE FORECLOSURE rt'- AND NOW THIS IS of December 2005, Defendant, Cathy J. Swartzwelder, by and through her attorneys, Salzmann Hughes, P.c., answers the corresponding numbered paragraphs of Plaintiffs Complaint as follows: I. Denied. After reasonable investigation, Defendants are without sufficient knowledge to either admit or deny the allegations contained in paragraph I. Strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted in part; denied in part. It is admitted that the Defendant executed a Mortgage Note. The remaining allegations are denied since the written documents speak for themselves. Strict proof thereof is demanded at the time of trial. 4. Admitted but with qualifications. It is admitted only that a legal description is attached to the complaint, which is a written document that speaks for itself. Strict proof is demanded that the legal description is the property subjected to the mortgage. 5. Denied. Paragraph 5 is denied as a conclusion oflaw to which no response is required. Strict proof thereof is demanded at the time of trial. 6. Denied. It is strictly denied that the amounts reflected in the Complaint are the actual costs incurred by Plaintiff. Therefore, Defendant disputes the amQunt of attomey fees, cost of suit and title search expenses. Strict proof is demanded at the time of trial. 7. Denied. Paragraph 7 is denied as a conclusion of law to which no response is required. Strict proof thereof is demanded at the time oftrial. 8. Denied. It is strictly denied that the premises is vacant and abandoned. Strict proof is demanded at the time of trial. WHEREFORE, Defendant prays that the Foreclosure Complaint be dismissed and that she be awarded costs of defense, including attomey fees, and that she may have such other relief as may be just and appropriate NEW MATTER By way of further answer and defense, Defendant avers the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 9. Plaintiffs cause of action is barred by the applicable statute oflimitations. 10. The amount of attomey fees is WlIeasonable and not a customary charge and does not accurately reflect the actual legal expenses incurred by Plaintiff. Furthermore, Plaintiff has violated the mortgage by charging an WlIeasonable amount. - 2 - WHEREFORE, Defendant prays that the Foreclosure Complaint be dismissed and that she be awarded costs of defense, including attorney fees, and that she may have such other relief as may be just and appropriate. SALZMANN HUGHES, P.C. R:=Z-i ------- Dated: /2 (,)";0:::,/ E. Ralph Godfre , Attorney J.D. No. 77052 354 Alexander Spring Road Suite 1 Carlisle, PA 17013 (717) 249-6333 Attorneys for Defendant ~ - 3 - CERTIFICATE OF SERVICE -f'-~ AND NOW, this IS day of) ~~~ ,2005, I, E. Ralph Godfrey, Esquire, hereby certify that I served a copy of the within Defendant's Answer and New Matter this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: Francis S. Hallinan, Esquire Phelan Hallinan & Schmieg, LLP One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 E. Ralph Go .-.\ , ' ( MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION CATHY J. SWARTZWELDER NO. 05-5710 Defendant PRAECIPE TO ATTACH VERIFICATION TO ANSWER TO THE PROTHONOTARY: Please attach the Verification Statement to the Answer and New Matter of Defendant Cathy J. Swartzwelder, which was accidentally omitted from the pleading. SALZMANN HUGHES, P.e. By alph God y, Attorney I.D. No. 354 Alexander Spring Road Suite I Carlisle, P A 17013 (717) 249-6333 Attorneys for Defendant Dated: /;,,(,'1 (o( VERIFICATION I, Cathy J. Swartzwelder, hereby certify that the following is correct: The facts set forth in the foregoing Answer and New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the document is that of counsel and not my own. I have read the Petition, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Petition is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Petition are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated: IZ.!o-/tAr ~~tJ&;-;;#6-- . CERTIFICATE OF SERVICE AND NOW, this n day of u,~~~ , 2005, I, E. Ralph Godfrey, Esquire, hereby certify that I served a copy of the Praecipe this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: Francis S. Hallinan, Esquire Phelan Hallinan & Schmieg, LLP One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 ~ E. Ralph Godfrey '---.- o ~,:'~ ::~j <-<; "" c:::':) c;;..."71 <::'-1 o '" :r n4::!:.l r- "TJ in ~~~~ C1 fT'l (, N o ~ ::3: ~:~.~ ~~ ~~~ -< \? J;:- w . PHELAN HALLINAN. & SCHMIEG, LLP BY: Sheetal R. Shah-Jani, Esquire Identification No.: 81760 One Penn Center at Suburban Station 1617 J.F.K. BLVD. - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, V A 22102 Court of Common Pleas Civil Division Plaintiff Cumberland County No.: 05-5710 Civil Term vs. Cathy J. Swartzwelder 25 South Old Stonehouse Road Carlisle, PA 17013 Defendant THIS FIRM IS A DEBT COLLECTOR A TIEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Comes now, Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, and files its Reply to Defendant's New Matter and in support thereof avers as follows: Plaintiff hereby incorporates by reference paragraphs one (1) through eight (8) of its Complaint as if fully set forth herein. 9. Denied. The averments of paragraph nine (9) contain conclusion oflaw to which no answer is warranted. By way of further response, a mortgage foreclosure action is a twenty (20) year statute oflimitation from the date of default. As averred in Plaintiffs Complaint in Mortgage Foreclosure, the Mortgage is due for July 1, 2005. Plaintiff filed its Complaint in Mortgage Foreclosure on November 3, 2005 well within the applicable statute oflimitations. . 10. Denied. The averments of paragraph ten (10) contain conclusion oflaw to which no answer is warranted. By way of further response, the attorneys fees averred in paragraph six (6) of Plaintiffs Complaint aTe in conformed with the mortgage documents in Pennsylvania law. By way of further response, at the time that the Plaintiff filed its Complaint in Mortgage Foreclosure, Plaintiff had no way of knowing that the action would become litigated and the attorney fees averred in the Complaint are collected in the event a thiTd purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney fees actually incorporated will be charged. WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant the relief as requested in Plaintiffs Complaint in Foreclosure. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: Januarv 3.2006 BY: eetal R. Shah-J Attorney for Plainti VERIFICATION Sheetal R. Shah-J ani, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP '\ Sheetal R. Sh -J " E Attorney for Plain iff One Penn Center a u ban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Date: January 3, 2006 BY: r-,' () () -"'fl :::~ iil - 2':~ C.:J r"~) cc PHELAN HALLINAN & SCHMIEG, LLP BY: Sheetal R. Shah-Jani, Esquire Identification No.: 81760 One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Court ofCornmon Pleas Civil Division Plaintiff CumbeTland County No.: 05-5710 Civil Term vs. Cathy J. Swartzwelder 25 South Old Stonehouse Road Carlisle, P A 17013 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Reply to Defendant's New Matter was sent via first class mail to the person listed below on the date indicated: E. Ralph Godfrey, Esquire 354 Alexander Spring Road, Suite I Carlisle, PA 17013 Sheetal R. Shah-J ani, Attorney for Plaintiff Date: January 3, 2006 Cl c <- '.c",." ~_... ..J_. \ S- ,,-) ~'1 ~~',:J f',! C';") PHELAN HALLINAN & SCHMIEG, LLP By: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (~1 "i) <;(i~-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Cathy J. Swartzwelder 25 South Old Stonehouse Road Carlisle, P A 17013 Defendant No. 05-5710 CIVIL TERM MOTTON FOR SUMMARV .nmr.MF.NT Plaintiff Iespectfully Iequests that the Court enteI an OrdeI granting sununary judgment in its favor in the above-captioned matter and in support thereof avers as follows: I. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendant, Cathy J. Swartzwelder, has filed an AnsweI to the Complaint in which she has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In her Answer, Defendant genelally denies paragraphs five and six of the Complaint, which aveI the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint, Defendant's Answer and New Matter, and Plaintiffs Reply to New MatteI are attached hereto, incorporated herein by reference, and marked as Exhibits C, D, and E, respectively. 5. Defendant has failed to sustain her burden of presenting facts, which contradict the avennents of Plaintiffs Complaint. 6. Defendant executed the Mortgage promising to repay the loan on a monthly basis. A true WHEREFORE, Plaintiff respectfully Iequests that an in rem judgment be entered in its favor fOI the amount due plus interest and costs as prayed for in the Complaint, fOI foreclosure and sale of the mortgaged property. Date: By: Respectfully submitted, P~AN & SCHMIEG, LLP Keri P. Claeys, Esquire Attorney for Plaintiff , . EXHIBIT A . , . 1\)- ';-It:r,1 (....... ... . ... I.J I... ~ ~; "j~ :<::[:<~ ','1:' COi.nU '; ""'(1 ! ,,:1 ;Y) 1}1 If] ?1 ,~i or'L t, ,}. 11'110.:.1 \, fl\i " /'\'\Vtlntagt ): ! "i ~ .,;0" 11 I . \' ~;! /. , ,\ ", , .::.d I.. 'J ,- ...' Prepared By: JODI BRUNSON AURORA LOAH SERVI:CRS I:NC. 10375 E. HARVARD AVE, STE 450 DENVER, CO. 80231 Parcel Number: 22.8~.9in.Q1P 22938J31613 -+d -,)l{ - en I - u w Il ,,) Cf ~ 5 0 ~ __~__ {Space Above This Une For Reconting. Datal ,)lI?)J-S'1.!..,JtJ MORTGAGE MIN 100025440001476776 DEFrNITIONS Words used in multiple sections of chis docwnent are defmed below and other words are defined in Sections 3, 11, 13. 18, 20 Md 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Securit,}' Instrumentll meanS this document, which is dated February 18, 2004 together with all Riders to this docmnent. (8) "Borrower!! is CATHY J SWARTZWELDRR , A SI:NGLR PERSON Borrower is the mortgagor under this Security Insl.rUIIlem. (e) "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. MERS is the mortgagee under this Security Instrument. MERS is organit.ed and existing under the laws of Delaware. and has an address and telephone number of P.O. Box 2026, Flinl MI 48501-2026, tel. (888) 679-MERS. PENNSVLVANIA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT WITH MERS Form 3039 1.IG1 G -6A(PAI /02(6) '" '8: InitialS: C//..r I VMP MORTG.AGE .OOWS. (800)521- 7291 I~HI~~1 UIIIII~11 Paqe 10116 BK I 8 5 7 PG 3 5 7 5 Yv1r~ 'It \ ~~(Y) y 100025440001476776 0017295502 (D) "tender" is LEHMAN BROTHERS BANK, FS8,A FEDERAL SAVINGS BANK Lender is a FEDERAL SAVINGS BANK organized and existing under the laws of UNITKD STATES OF AMERICA Lender's address is 2530 S. PARKER ROAD. STE. 601, AURORA, CO 80014 (E) "Note" means the promissory note signed by Borrower and dated February 18. 2004 The Note states that Borrower owes Lender EIGHTY FIVE THOUSAND BIGHT HUNDRED TWENTY & 00/100 DollMS (U.S. $ 85,820.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1, 2034 (F) "Properly" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) "Loanl! 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} "Riders" means all Riders to this Secur~ty Instrument that are ex.ecuted by Borrower. The following Riders arc 10 be executed by Borrower [check box as applicable]: D Adjustable Rate Rider n Balloon Rider [J VA Rider o Condominium Rider o Planned Unit Development Rider o Biweekly Payment Rider o Second Home Rider [!] 1-4 Family Rider o Other(s) [specify] (I) "Applicable Law" means all cOlllrolling applicable federal. state and local statutes, regulations. nrdinances and administrative rules and orders (that have the effect of law) as weIl as all applicable final, non-appealable judicial opinions. (J) "Communit), Association Dues, Fees, and Assessments" means all dues. fees, assessments and other charges that are imposed on Borrower or the Propeny by a condominiwn association, homeowners association Of similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a uansaction 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 fmancial institution to debit or credit an account. Such teon includes, but is not limited to, point..of-sale transfers, automated teller machine transactions, transfers initiated by telephone. wire transfers. and automated clearinghouse transfers. (Ll "Escrow Items" means those items that are desclibed in Section 3, (1\1) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by ;my 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 Propeny; (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 prolecting Lender against the nonpayment of. or default on, the Loan. (0) IIPeriodk Payment" means the regularly scheduled amOWlt due for (i) principal and interest under the Note. plus (ii) any amounEs under Seclion 3 of this Security Instrument. e-6A(PA) '0200) '" F'age2ofl6 /I J5-t;. '('Iitiats,_~ Form 3039 1101 BK I 8 57 PG 3 5 7 6 100025tt0001t76776 0017295502 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 35(0), as they might be amended from ,ime to ,ime. or any additional or successor legislation or regulation that governs the same subject matter _ As used in thIs Security Instrument. ~ RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan' even if the Loan does no' qualify as a 'federally related morlgage loan' under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY TIlis Security Instrument secures (0 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 SecurilY Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in (he County !Type of Recording Jurisdiction] of Cumberland lName of Recording Jurisdiction]: BEGINNING AT A NAIL IN THE CENTER OF TRINDLE ROAD (PENNSYLVANIA ROUTE 641> AT THE CORllER OF LAND NOW OR FORMERLY OF THE ZEIGLER ESTATE: THENCE BY THE CENTER LINE OF SAID ROAD. NORTH 82 DEGREES 52 MINUTES 10 SECONDS EAST 100 FEET TO A NAIL; THENCE SY TEE DIVIDING LINE BETWEEN LOTS NO. 1 AND 2 ON TEE HEREINAFTER MENTIONED SUBDIVISION PLAN. BY LAND NOW OR PORMERLY OF KENNETB L. HURLEY AND DEBORAH A. BURLEY. EUSBAND AND WIFE, 80UTH 27 DEGREES 04 MINUTES 00 SECONDS 462.57 FEET TO AN IRON PIN, THENCE BY LAND NOW OR FORMERLY OF CLARENCE KAIR. SOUTH 82 DEGREES 52 MINUTES 10 SECONDS WEST 100 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF THE ZEIGLER EaTATH NORTH 27 DEGREES 04 MINUTES 00 SECONDS WEST 462.57 FEET TO A NAIL IN THE CENTERLINE OF TRINDLE ROAD, THH PLACE OF BEGINNING. which currently has the address of 1351 WEST TRINDLl! ROAD CARLISLE ("Property Address"): (City], Pennsylvania 17013 [Street) [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property. and all easements. appunenances, and ftxwres now or hereafter a part of the property. All repUlcements 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 tha, MERS balds only legal title to the interests gr3/l1ed by Borrower in this Security Instrument, but, if necessary to comply wiLh 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, OU1 not limited 10, 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. . -GA(PA) 10206) ., Page 301 16 l()iliaIS:~ Form 3039 1101 BK I 851 PG 3 5 7 7 , 100025440001476776 0017295502 BORROWER COVENANTS lhat Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and thaI the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend geoerally the title to the ProperlY 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 properly. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: J. 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 Items 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 10 Lender unpaid, Lender may require that any or all s.ubsequent payments due under the Note and this Security Instnunent 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 location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in me future, but Lender is not obligated to apply such payments at the time such payments are accepted. 1f each Periodic Payment is applied as of its scheduled due date, then Lender need oot pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable perioo 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 UIlder the Note: (b) principal due under Ibe 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 latc charges, second to any other amounts due under lhis 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 the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower 10 the repayment of the Periodic Payments if. and to the extent that, each payment can be paid in G-6A(PA) ''''06) '" Page40116 /'./1'-7 Init'al5:~ Form 3039 1101 BK I 857 PG 3 5 7 8 . 100025440001476776 0017295502 fulL To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments. insurance proceeds. or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on me day Periodic Payments are due under the Note, until the Note is paid ill full, a sum (me "Funds") [0 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 encwnbrance on !be Property; (b) leasehold payments or ground rents on !be Property, if any; (c) premiwns for any and all insurance required by Lender under Section 5; and (d) Mortgage Insuraoce premiums, if any. or any sums payable by Borrower to Lender in heu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan. Lender may require that Community Association Dues, Fees, and Assessrnenrs, if any, be escrowed by Borrower, and such dues. fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the FWlds 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 an Escrow Items at any lime. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay direcrly, 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, shalJ furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation ro make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreemem contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow hems directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may e<ercise its rights under Section 9 alld pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Secrion 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts. that are then required under this Section 3. lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on !be 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, instnnnentality, or emity (including Lender, if Lender is an instirution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than me time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds. annually analyzing the escrow account. or verifying the Escrow hems. unless Lender pays Borrower interest on the Funds and Applicable Law pennits 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 shall be paid on the cD -6A(PA) (0206) '" Pa9e50116 I' In;tiaIS~ Form 3039 1101 BK I 8 5 7 PG 3 5 7 9 . 100025440001476776 0017295502 Funds. Lender shall give to Borrower, without charge, an annuaJ accounting of the FWlds 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 e.ceSS funds in accordance with RESPA. If there is a shortage of Funds held in escrow. as defIned uoder RESPA. Lender shall ootify 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 momhly payments. If there is a defIciency of Funds held in escrow, as defmed 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 IOOre 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 shalJ pay all taxes, assessmentS, charges. fmes, and impositions atlribUlable 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 ex.tent 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 Instnunent unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender. but only so long as Borrower is perfonning such agreement; (b) contests the lien in good faith by. Dr defends against enforcement of the lien in. legal proceedings which in Lender's opinion operate (0 prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Leooer 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 this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting ~ervicc used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Properry insured against loss by flte, hazards included within the term "e.tended 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 to the preceding sentences can change during the lerm 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 detennination. 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 Pederal Emergency Management Agency in connection with me review of any flood ume determination resulting from an objection by Borrower. cD-6A(PA) 1(200) '" Page60116 IniliaIS;~ Form 3039 1101 BK I 8 5 7 PG 3 5 8 0 100025440001476776 0017295502 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 Wlder no obligation to purchase any particular type or an1O\U1t of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower. Borrower's equity in the Propeny. or the contents of the Propeny, 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 cosl 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 amowlIS shall bear intetest 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 mortgage clause, and shall name Lender as mOrlgagee and/or a<; 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 mongage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender. shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such immrance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest [0 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 a1XI shalt be the sole obligation of Borrower. If the restoration or repair is not economically feasible aT Lender's security would be lessened. the insurance proceeds shall be applied to the swns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Propeny, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a nolice from Lender that the insurance carrier has offered to settle a claim, then lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amounf not to exceed the amounts unpaid under the Note or this Security Instnunent. and (b) any other of Borrower's right'\ (other than the right to any refund of unearned premiwns paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or (O pay amounts unpaid under the Note or this Security Instnnnen[, whether or no[ then due. G.sA(PA) (0206) " Page7ol16 rniljaJS:~ Form 3039 1101 BK I 857 PG 358 I 100025440001476776 0017295502 6. Occupancy. Borrower shall occupy, establish, and use !he Properly as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Propeny as Borrower's principal residence for at least one year after the date of occupancy, lD1.Iess 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, 1\faintenance and Protection of tbe Property; Inspections. Borrower shall not desttoy. damage or impair !:he 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 Propeny if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the laking of, l:he Property. Borrower shan be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender JIlllY disburse proceeds tor the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property_If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting al the direction of Borrower or with Borrower's knowledge or consenl gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in conneclion wilh the Loan. Material representations include, but are nol limited to, representations concerning Borrower's occupancy of the Propeny as Borrower's principal residence. 9. ProtectIon of Lender's Interest in the Properly and RIghts Under tbis Security Instrument. If (a) Borrower fails to perform the covenants and agreements comained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in lhe Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy. probate, for condemnation or forfeiture, for enforcement of a lien whicb may attain priority over this Security Instrwnent or to enforce Jaws or regulations), or (c) Borrower has abandoned the Property. then Lender may do and pay for whatever is reasonable or appropriate to protect Lender' s interest in the Property and rights under this Security Insrnunent. including protecting and/or a.'isessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include. but are not limited to: (a) paying any SWllS secured by a lien which has priority over this Security Instrument; (b) appearing in coun; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is Dot limited to, emering 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 lhis Section 9, Lender does not have to do so and is not under any duty or obligalion 10 do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under lhis Section 9. _~A(PA) '0206} OJ Page80f 16 m"ro,cF- Form 3039 1/01 BK I 8 5 7 F~ 3 5 8 2 100025440001476776 0017295502 Any amounts disbursed by lender under lhis 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 JIO(ice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the (ease. I f 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 Mongage Insurance in effecl. 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 subsrantiaUy 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 equivalenl Mongage Insurance coverage is not available, Borrower shall continue 10 pay to Lender the amoWlt 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 Mongage Insurance, Such loss reserve shall be non-refundable, notwithstanding the fact that me Loan is ultimately paid in full, and Lender shall rot be required to pay Borrower any interest or earnings on such Joss 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 an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required (0 make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or Wltil 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 evaJuate their total risk on all such insurance in force from time to time, and may enter into agreements with orner parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mongage 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 thar the moflgage insurer may have available (which may include funds obtained from Mortgage Insurance premiwns). As a result of these agreements, Lender, any purChaser of the Note, another insurer, any reinsurer, any other entity, or any afftliate of any of the foregoing. may receive (directly Qr 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 Ibe insurer's risk in exchange for a share of the premiums paid 10 the insurer, the arrangement 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 lnsunmce, and they will not entitle Borrower to an", refund, e-6A(PA) (O2{)6) <'> Page9of16 '"'"."95~ Form 3039 1101 BK I 8 5 7 PG 3 5 8 3 100025440001476776 0017295502 (b) Any sucb agreements will not affect tbe rigbts Bo<<owe< has - if any - with ....pect to tbe Mortgage InsllJ'lUlCe unde< the Homeowners Protection Act of 1998... any otbe< law. These dgbts may indude the <Igbt to <eceive certain dis<:losures, to request and obtain cancellation of the Mortgage Insurance, to bave the Mortgage Insu<ance terminated automatically, andlor to receive a <efund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Mlscelhmeons Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid ro Lender. If the Property is damaged. such Miscellaneous Proceeds shall be applied to restoration or repair of the Propeny. 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 MisceUaneous Proceeds unlil Lender has had an opportUnity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration In a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires inrerest 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 economicaUy feasible or Lender's security would be lessened. the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument. whether or not then due, with the excess, if any. paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscel1aneous Proceeds shall be applied to the swns 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 amOlll1t 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 IOta! 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 immediarely before the panial taking. destruction. or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is Jess than the amOlll1t 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 !he 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 10 settle a claim for damages, Borrower fails to respond to Lender witltin 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to resloration or repair of the Property or to the sums secured by this Security Instrument. whether or not then due. "Opposing Party" means the rhird pany that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceed,;. Borrower sball be in default if any action or proceeding, whether civil or criminal. is begun that. in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19. by causing the action or proceeding to be dismissed with a ruling that. in Lender's judgment. precludes forfeiture of the Property or other material impairment of .@-6A(PA) 102(6) Pagtl100f16 2 / '''''.'~ Form 3039 1101 BK I 85 7FG 3 '584 100025"0001'76776 0017295502 Lender"s interest in the Property or rights under Ibis 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 LeDder, 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; Forbearanee By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise moo.ify amortization of the sums secured by this Secwity Insuument 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, withour limitation, Lender's acceptance of paymenlS from third persons, entities or Successors in Interest of Borrower or in amounts less than the ammmt then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several I~iability; 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 Instrwnent but does not execute the Note (a "co-signer"): (a) is co-signing this Security lnslrument 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 swns 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 (0 the lenns of this Security Instrument or the Note without the co-signec'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 'WI'iting, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20} and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights WIder lhis Security Instrument, including, but not limited to. attorneys' fees, property inspection and valuation fees. In regard to any other fees, lbe 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 are expressly prohibited by this Security lnslrumenl or by Applicable Law, If the Loan is subject to a law which sets maximwn loan charges, and that law is fInally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permiued limit; arx:J (b) any sums already conected from Borrower which exceeded permitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owcd under the Note or by making a direct payment to Borrower. [f 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. .~"'(P"')(_\ '" Pe.ge11ol16 ',,'.'~ Form 3039 1101 BK \ 8 5 7 PG 3 5 8 5 100025440001476776 0017295502 IS. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to 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 oolice to Le.nder. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, !hen Borrower shall only report a change of address through !hat specified procedure. There may be only one designaled notice address under this Security Instrument al anyone lime. Any nolice 10 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 cOlUlection 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 !he corresponding requirement under !his Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shan 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 explicilly or implicitly allow the parties to agree by contracl or it might be silent. bm such silence shall nol be consaued as a prohibition against agreement by contract. In me event that any provision or clause of this Security Insmuneot or the Note conflicts with Applicable Law, such conflict shalJ not affect other provisions of this Security Instrument or the Note which can be given effect withOUl the conflicting provision. As used in this Security Instrument: <a) words of !he masculine gender shall mean and include corresponding neuter words or words of the feminine gender: (b) words in the singular shaU mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to lake anyaction. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18, Transfer of the Property or a Beneficial Interest In Borrower, As used in this Section 18, "Interest in the Property" means any legaJ or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed. conttact for deed, installment sales contract or escrow agreement. the intent of which is the transfer of title by Borrower at a future dare to a purchaser. Jf aJl 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. 19. Borrower's Right to Reim:tate After Acceleration. If Borrower meets certain conditions. Borrower shall have !he 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 Jru;trument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to remsr3te; 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 lUlder this Security Instrument and lhe Note as if no acceleration had occurred; (b) cures any default of any o!her covenants or agreements; (c) pays all . -6A(PA) (0206) @ Page lzof16 J '"''''',-4Jf Form 3039 1101 BK I 8 5 7 PG 3 5 8 6 100025440001476776 0017295502 ex.penses incurred in enforcing this SecuritY Instrument, including, but not limited to, reasonable attorneys' fees, propeny inspection and vaJuation fees, and other fees incurred for the purpose of proteCting Lender's interest in the Property and rights under this Security Instnmlent; and (d) takes such action as Lender may reasonably require 10 assure that Leoder's interest in !he Property and rights under !his Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shaH continue unchanged. Lender may require thai Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selecled by Leoder: (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, instrwnentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and Obligations secured hereby shall remain fully effective as if no acceleration had occurred. However. this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Notej 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 Servker") that collects Periodic Payments due under the Note and this Security Instrument and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument. and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower wilt 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 infonnation RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter Ihe 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 lransferred [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 litigant or the member of a class) that arises from the other party's llClions pursuam to this Security Instnunent or that alleges that the other party has breached any provision of, or any duty owed by reason of, iliis 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 pany hereto a reasonable peri<l<l after the giving of such notice to take corrective llCtion, If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed w 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 salisfy the notice and opportunity to lake 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 foUowing substances: gasoline, kerosene, other flammable or toxic petroleum products. toxic pesticides and herbicides, volaEiJe solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the juriSdiction where the Property is located that relate to health. safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defIDed in Environmental Law; and (d) an "Environmental Condition" means a condition tltal can cause, contribute to, or otherwise trigger an Environmental Cleanup. _~A(PA) (0200' '" Page 130116 (r~~ InitialS: Fonn 3039 1/0T B\{ 185HG3587 100025440001476776 0017295502 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, nOf allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmenlal Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a caodilion that adversely affects the value of the Property. The preceding tWO sentences shall not apply to the presence. use, or stora.ge on the Propeny of small quantities of Hazardous Substances that are generally recognized to be appropriate lO normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender wriuen notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Propeny and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns. or is notified by any governmental or regulatory authority. or any private party. that any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower 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 this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shaJl notify Borrower of. among other things: (a) the default; (b) the action requlred to cure the default; (c) when tbe default must he cured; and (d) that failure to cure the default as specified may result in ""eeleration 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 no~xistence of a default or any other defense of Borrower to aceeleration and foreclosure. If the default is nol cured as specified, Lender at lis 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 he entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' rees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of aU sums secured by this Security Instrument. this Security Instrument and. the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrumem. Borrower sball 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 permined under Applicable Law_ 24. Waivers. Borrower, to the extent permitted by Applicable Law. waives and releases any error or defects in proceedings to enforce this Security Instnunent. and hereby waives the benefit of any present or future laws providing for stay of executi.on. extension of time, exemption from anactunent, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this SecuritY Instrument. 26. Purchase Money Mortgage. If any of the debt securcd by this Security Instrument is lent to Borrower to acquire title to the Propeny, Ibis Security Instrument shall be a purchase money mortgage. 27. [nlerest Rate After Judgment. Borrower agrees that the interest rate payable after a jndgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 0-6AtPA) '(206) ., Page 14 of 16 tpS-- lf1i~a1s Form 3039 1101 BK I 8 5 7 PG 3 5 8 8 100025440001476776 0017295502 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: /Lc-, (c fl' 1/,6 (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower ____ (Seal) -Borrower G-eA(PA) ''''06} '" Page 15of16 Form 3039 1101 BK I 8 5 7 PG 3 5 8 9 100025440001476776 0017295502 Certificate of Residence I, /)'\,( n~..t ,C'ot..t.l (' ,doherebycertitythal the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI48501-2026. Witness my hand this ,,,-It_ day of F€ b c}OOlf ~ #?;-~/</!f:i7e Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, (t.v,V>, b I(,,~d On this, the 1<,;, \'". day of :f JL-C''1Lli'' '1 ,1 U(;~ undersigned officer. personally appeared ("U+ ~ ') . ) c{.),'r.t-z. CA.' , IJ..J:..... County 5S: . 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 lhat he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and offtcial seal. My Commission Expires: ~..F_"'"'' ~". ~:.", j ~1:B~,,~:~, '..' l.-__.~,",w.__,_ ~..__ 'Men\t:c,. Pl:;\'X'~ '~',,~ '3 ".":>>' .- f L~" m JlJ flMi.. ((\ 'J<l<n N U+'I'1 u hL Title of Officer . "'....., ,~'.~;p ,:~;:~' '~'.. If-I "".; -A,.., .~p" '<~r~~}?' ... ~,.:'.'" ;..1", i' j":- G-6A(PA) (0206) '" Page 160116 "'''a''~ Form 3039 1101 BK I 8 5 7 PG 3 5 9 0 Exhibit" A" The land referred to in this policy is situated in the ST ATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND, MONROE TOWNSIDP : and described as follows. BEGINNING AT A NAIL IN THE CENTER OF TRINDLE ROAD (PENNSYLVANIA ROUTE 641 ) AT THE CORNER OF LAND NOW OR FORMERLY OF THE ZEIGLER EST ATE; THENCE BY THE CENTERLINE OF SAID ROAD, NORTH 82 DEGREES 52 MINUTES 10 SECONDS EAST 100 FEET TO A NAIL; THENCE BY THE DlVIDING L1NE BETWEEN LOTS NOS. I AND 2 ON THE HEREINAFTER MENTIONED SUBDIVISION PLAN, BY LAND NOW OR FORMERLY OF KENNETH L. HURLEY AND DEBORAH A. HURLEY, HUSBAND AND WIFE, SOUTH 27 DEGREES 04 MINUTES 00 SECONDS EAST 462.57 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF CLARENCE HAIR, SOUTH 82 DEGREES 52 MINUTES 10 SECONDS WEST 100 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF THE ZEIGLER ESTATE, NORTH 27 DEGREES 04 MINUTES 00 SECONDS WEST 462.57 FEET TO A NAIL IN THE CENTERLINE OF TRINDLE ROAD. THE PLACE OF BEGINNING. APN# 22.24.0771.014 1 " I; ;.;~ I 1 1 . , ..n ;}<,' rCCOI'r co " ;;:d County I'A C, " ': . . :j. j /' '--.- . ~ J> ____ ,-"'II ~.., ." - .':.-:.......- 7'-" ',. -/,-<-- .' /~. Recorder of Deeds BK I 857 PG 3 59 I 100025440001476776 0017295502 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made !his 18th day of February, 2004 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust. or Security Deed (lhe "Security Instrument") of !he same date given by !he undersigned (the "Borrower") to secure Borrower's Note to LBHMAN BROTHERS BANK, FSB,A FEDERAL SAVINGS BANK (!he "Lender") of the same date and covering lhe Property described in the Security Instrument and located at: 1351 WEST TRINDLE ROAD, CARLISLB, PBNRSYLVANIA 17013 [Property Address) J-4 FAMILY COVENANTS. In addition to !he coverumts and agreements made in !he Security lnstrumenl, Borrower and Lender further covenanl and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instmmem, the following items now or hereafter attached to the ProperlY to the extent they are fixtures are added to the Property description. and shall also constitute the Propetly covered by the Security Instrument: building materials. appliances and goods of every nature what'ioever now or hereafter located in, on, or used, or intended to be used in connection with lhe Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling. electricity, gas, water. air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing. ba!h tubs, water heaters. water closets. sinks, ranges. Sloves, refrigerators. dishwashers. disposals. washers, dryers, awnings. storm windows, stonn doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security lnstrumenl. All of the foregoing together wi!h the Property described in the Security InstrumeDl (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." MULTISTATE 1- 4 FAMILY RIDER. Fannie MaelFreddie Mac UNIFORM INSTRUMENT .-57R (0008) '" Page t of4 VMP MORTGAGE FORMS - (800)521 -7291 /lJs- Initials:~ Form 3170 1101 111~~IIIIIIIIIIII~ mllll BK , 8 5 7 PG 3 5 9 2 100025440001476776 0017295502 B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower sball not seek. agree to or maIce a change in Ehe use of the Property or its zoning classification. unless Lender has agreed in writing (0 the change. Borrower shall comply with all laws. ordinances, regulations and requirements of any governmental body applicable to the Property. c. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rem loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section ]9 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleled. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection witb leases of tbe Property. Upon the assignment, Lender shall have the right to modify. extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G. the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Propeny are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each 1enant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to Section 22 of tbe Security Instrument. and (ii) Lender has giveo notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constimtes an absolute assignment and not an assignment for additional security only. If Leoder gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only. to be applied to the sums secured by the Security Instrumenl; (ii) Lender shall be entitled to collecl and receive all of tbe Rents of the Property; (iii) 0;57R (0008) ., Page 2 ot4 Initials: {:/S- - Form 3110 1101 BK J 8 5 7 PG 3 5 9 3 100025440001476776 0017295502 Borrower agrees that each tenant of the Property shaH pay all Rents thtc and UlJP'lid to Lender or Lender's agents upon Lender's written demand to the tenanl; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied lirst to the costs of taking control of and managing the Property and collecting the Rents, including, but nOllimited 10, attorney's fees, re<:eiver's fees, premiuttts on receiver's bonds. repair and maintenance costs, insurance premiums, taxes. assessments and other charges on lhe Property. and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judiciaHy appointed receiver shall be liable 10 account for only those Rents actually re<:eived; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Properly and collect the Rents and profits derived fTom the Property without auy showing as to the inadequacy of the Property as security . If the Rents of the Property are oot sufficient 10 cover the costs of taking control of and managing the Property and of collecting the Rems auy funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will oot perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender. or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or mainrain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver. may do so at any time when a default occurs. Any appIicalion of Renls shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in fuJL I. CROSS-DEF AUL T PROVISION. Borrower's default or breach under auy nole or agreement in which Lender has au mterest shall be a breach under the Security Instrmnenl and Lender may invoke any of the remedies pennitted by the Security InstrUment. Initials: /J;"7 Vf , Form 3170 11m e:S7R (0008) '" Page 3 oi 4 BK I 8 5 7 PG 3 5 9LJ 100025440001476776 0017295502 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 14 Family Rider. /~:fS:~L CATHY J SWART BR (Seal) -Borrower (Seal) . Borrower (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower G:51R (0008) ., Page 4 of 4 Form 3170 1101 BK I 857 PG 3 5 9 5 EXHIBIT At 0017295502 100025440001476776 0017295502 NOTE Il,;[1~--{'f) February 18. 2004 IO;l~l (Cityl {Sf3tej 1351 WEST TRINDLE ROAD, CARLISLE, PENNSYLVANIA 17013 [Propeny Address] 1. BORROWER'S PROl\>llSE TO PAY In return for a loan that I have received. I promise to pay U.S. $ plus interest. to the o;der of lhe Lendef. The Lender is 85,820,00 (this amount is called "Principal"), LBHMAN BROTHERS BANK, FS8,A FEDERAL SAVINGS BANK I will make all paymenLS under this Note in the form of cash. cbeck or money order. I understand mat 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 Note is called me "NOle Holder. ~ 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal bas been paid. I will pay interest at a yearly rate of 6.625 %. The interest rale 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. PA Y:l>lENTS (A) Time and Place of Payments l will pa'i principal and interest by making a payment every month. I will m~e my monthly payment on the first day of each month beginning on April. 2004 . I will make these payments every month Wltil 1 have paid all of the principal and interest and any other charges descnbed 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 inrerest before Principal. If. on March 1 , 2034 , I still owe amounts under this Note, I will pay those amounts in full on that date. which is caJled the "Maturity Date." I will make my monthly payments at LEHMAN 8ROTBEtts BANIC, FSB or at a differenl place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 549,52 4. BORROWER'S RlGlIT TO PREPAY I have lhe rig11t to make payments of Principal at any time before they are due. A payment of Principal only is lmown as a ~Prepaymem. ~ When I make a Prepayment. I will teU me 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 eharge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe Wlder this Note. However. the Note Holder may apply my Prepayment IO 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 agree::: in writing [0 those changes. MULTlSTATE FIXED RATE NOTE.Single Family- Fannie Mae/Freddle Mae UNIFORM iNSTRUMENT C!lttSN (02(17) " VMf' MORTGAGE FOAMS Pa96 IcJj Form 3200 1/01 InitialS. " 'j; -:1 , I ~1111I1111111~ ~111~111111~ .(8001521.7291 0017295502 100025440001476776 0017295502 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges. is fInally im:erpreted so that the interest or other loan charges coJlected or to be collected in cormection with this loan exceed the permitted limits. then: (a) any sur;h loan charge shall be reduced by the amount necessary to reduce the charge to the pennined Limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Prir,cipaJ I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction \\ill he treated as a partial Prepaymem 6. BORROWER'S FAILURE TO PAY AS REQUIRED {A) Late Charge for Overdue Payments If the Note Holder has nOl received the full amount of any monthly payment by the end of after the dale it is dlJl~, I will pa.y a Jace charge to the Nore Holder. The amount of the charge will be my overdue payrnem of principal and lnterest. I will pay this lale charge promptly but only onCe on each late payment. 15 5.00 calendar days % of (B) Default If I do not pay the full amount of each monthly payment on the date il is due, I will be in default. (e) Notice of Oefault If I am in default. the Note Holder may send me a written notice telling me that if I do nOl pay the overdue amount by a cenain dare. the Note Holder may require me 10 pay inunediately the full amount of Principal which has not been paid and all the interest that I owe on that amolUlt. 1bat date must be at least 30 days after the date on which the notice is mailed to ffiI~ or delivered by other means. (Il) No Waiver By Note Holder Even if. ar a rime 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 ro do so if 1 am in default at a later time. (E) Payment "r Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above. the Note Holder will have the righl to be paid hack by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those ex~nses include. to. example. reasonable anorneys' fees. 7. Gll;lNG OF NOTICES Unless applicable law requires a different method. any notice that must be given to me lll1der this Note will be given by delivering it or by mailing Lt by tirst class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of r:lY different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing :l by fzrst 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 TInS NOTE If more thau one person signs this Nnte, each person is fully and personally obligated to keep all of the promises made in this Note. including the promise to pay lhe full amount owed. Any person who is a guarantor. surery Qr endorser of this Note is also obhgated to do these lhing5. Any person who takes over (bese 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. The Note Holder may enforce its rights under lhis Note against e:lCh person individually or against all of US together. This means that anyone of us may be requin~d to pay all of the amounts owed under this Note. 9. WAIVERS I and any olb.er person who has obligations undef Ibis Nore waive the rights of Presentment and Notice of Dishonor. wPrese.nunem~ means the right to require the Nore Holder to demand payment of amounts due. ~Notice of Dishonor" means the right to require the Note Hoider to give norice to other persons mal amounts due have 001 been pajd. 4G.SN (020" '" PageZd3 Form 320Q 1101 k1lhillS:~ 0011295502 100025~40001476776 0011295502 10. UNIFORM SECURED NOTE This Note is a uniform InsUUIllent with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under tltis NOle. a Morrgage, Deed of Trust, or Securily Deed (the .Securiry In.srrumem"). daTed the same dale as this NOle, protects the Note Holder from possible losses which might result if I do DOt keep the promises which 1 mal<e in this Note. That Secunty Instrument describes how and under what conditions I may be required to make immediate payment in fuj] of all arnoums r owe under rbis Note. Some of those conditions are described as foHows: If all or auy part of the Property or auy Interest in the Property is sold or trlIIISferred (or if Borrower is not a nattnal person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require innnediate payment in full of all swns secured by this Security Instrument. However, tltis option shall not be e.tercised by Lender if such exercise is prohibited by Applicable Law. If Lender t::Jtercises this option, Lender shall give Borrower notice of acceleration. The notice sball 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 tltis Securily Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permined by this Security Instrument without funher nOlice or demand on Borrower. wrTNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (~~;?~i~ CAT J SWART LOllR V (Seal) (Seal) -Borrower ,Borrower (Seal) (Seal) -Borrower .Borrower (Seal) -Borrower (Seal) ~BolTOw.;r (Seal) (Seal) -Borrower -Borrower '~r ' ~- \7\', 1irc :7Ji " -', "V;. ;~h) '. ,....:= :Qllp~ ~~-"'\~/:;~:~f~_~; ~:;::~'_: ~;;;\!X, := _:_ !"" J -.0 ~.. ~..,....... ,.....--..---- ...... . --,..00.- -.---- _3, PAY TO :!-iE ORDi;::'; (> [Sign Original Onlv} .., [::' WfTHQUT RECOU.=iSE L...HMAN BROTHER~,",j>jOL"!~i"', ','e ~/ - ;r- '.......~" BY: ~~~_ . RA . A. :''::\17 ,,' - ~U:!-'CP~-'" 7, .7 ". "~.-':"-::.. -.::--.------- 0-5N (0207) .. Page 301 3 Form 3200 1101 EXlll13IT 13 o , [)t!:.:i7-:) ~1.YTc',,::~ PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF ) ss. COUNTY OF ) ;lfi or""- u 7?()U/vTJA-M' being duly sworn according to law, deposes and says: 1. I am employed in the capacity ofAc,Kr...- fr"....n....rat Aurora Loan Services, Inc., mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian ofrecords for the within matter. 4. All proper payments made by Defendant has been credited to Defendant's accounts. 5. Defendant's mortgage payments due July 1,2005 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows; Principal Balance Interest 611/05 through 11/2/05 (Per Diem $] 5.36) Attorney's Fees Cumulative Late Charges 2/18/04 to ] 1/2/05 Cost of Suit and Title Search Subtotal $84,639.20 $2,380.80 $] ,250.00 $]09.92 $550.00 $88,929.92 Escrow Credit Escrow Deficit TOTAL $0.00 $52.58 $88,982.50 7. Mortgagor has failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant did not take the necessary affirmative steps to avoid foreclosure. ~ 9. Plaintiff properly accelerated its mortgage to protect its interests. NOTARY PUBLIC ~ I. .7Z-r-- Name: 'PnncIU< lx,"'F'tAI-A Title: ~r Jl'rCE Pt2tr5/0CNI Aurora Loan Services, Inc. MELINDA A. PADFIELD NOTARY PUBLIC STATE OF COLORADO My Commission Expires Aug. 2, 2007 File Name and Number: Cathy 1. Swartzwelder, Account No.: 0017295502 EXHIBIT C PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM Ci(.)~L~~~ v. NO. D~ - 57/0 CUMBERLAND COUNTY CATHY J. SWARTZWELDER 25 SOUTII OLD STONEHOUSE ROAD CARlSLE, P A 17013 (") ~ 0 ~; ~ " e,i';', Z ::;j nlr-; CJ ~-n 2:' ~ i~ ~",~ w 00 ~__ :D- ~ =H NOTICE ;;f: ~ 8~ You have been sued in court. If you wish to defend against the claims set forth in the f;,Jjlow~ ~ pages, you must take action within twenty (20) days after this complaint and notice are served:-Sy N --< entering a written appearance personally or by attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WiTH INFORMATION ABOUT HIRING A LA WYER. 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. Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE \I\fp' 'r,r;JC'J'\f \I\r .J ';\";1:;' Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 -'l' J/:..-, /.i ,l :/! 1l1..q p UfYiv 1\14,,\/ ~~-4S%Y ~/l.~Pftr:1.. - fTf:ru. COp/}tv 'It", r . ~ ,~,,"~ ': f"; "oj: ~' File #: 125022 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. CATHY J. SWARTZWELDER 25 SOlTfH OLD STONEHOUSE ROAD CARISLE, P A 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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, 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 125022 File #: 125022 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq, (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID, LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT, EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT, HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSUL T AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT, IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: CATIIY J. SWARTZWELDER 25 SOUTIl OLD STONEHOUSE ROAD CARISLE,PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/18/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1857, Page: 3575. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/0 I /2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the enlire principal balance and all interest due thereon are collectible forthwith. File#: 125022 6. The following amounts are due on the mortgage: Principal Balance Interest 06/0112005 through 11102/2005 (Per Diem $15.36) Attorney's Fees Cumulative Late Charges 02/18/2004 to 11102/2005 Cost of Suit and Title Search Subtotal $84,639.20 2,380.80 1,250.00 109.92 $ 550.00 $ 88,929.92 Escrow Credit Deficit Subtotal 0.00 52.58 $ 52.58 TOTAL $ 88,982.50 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sherifrs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 88,982.50, together with interest from 11102/2005 at the rate of$15.36 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP .~~ r) a!le-:-- By: IJ;',.ncis S1fallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 125022 LEGAL DESCRIPTION ALL THAT CERT AlN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center of Trindle Road (Pennsylvania Routc 641) at the comer of land now or formerly of the Zeigler Estate; thence by the centerline of said Road, North 82 degrees 52 minutes 10 seconds East 100 feet to a nail; thence by the dividing line between Lots Nos. I and 2 on the hereinafter mentioned Subdivision Plan, by land now or formerly of Kenneth L. Hurley and Deborah A. Hurley, husband and wife, South 27 degrees 04 minutes 00 seconds East 462.57 feet to an iron pin; thence by land now or formerly of Clarence Hair, South 82 degrees 52 minutes 10 seconds West 100 feet to an iron pin; thence by land now or formerly of the Zeigler Estate, North 27 degrees 04 minutes 00 seconds West 462.57 feet to a nail in the center line of Trindle Road, Ihe Place of BEGINNING. THE ABOVE TRACT is improved with a dwelling known as 1351 West Trindle Road, Carlisle, Pennsylvania 17013. CONT AlNING a total lot area of 43,485 square feel including the portion of said premises under and subject to the dedicated right-of-way line ofTrindle Road and BEING Lot No. I on the Subdivision Plan of Lots of Irvin F. Hurley and Mildred B. Hurley, recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 41, Page 131. BEING part of the same property which Clarence C. Hair and Anna R. Hair, husband and wife, by their Deed dated September 16, 1976, and recorded in the Office aforesaid, in Deed Book '0', Volume 26, Page 418, granted and conveyed unto Irvin F. Hurley and Mildred B. Hurley, husband and wife, Grantors herein. File#: 125022 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. /) .~ 5-. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE;~ EXHIBIT D SALZMANN HUGHES, P.c. BY: E. Ralph Godfrey, Esquire Attorney 1.0. No. 77052 354 Alexander Spring Road, Suite 1 Carlislel PA 17013 (717) 249-6333 Attorney for Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION CATHY 1. SWARTZWELDER NO. 05-5710 (, ...., 0: ~~ u, <'_'"1 C) ;'1 (') c-, -n :-:1 r-~17~ Defendant C'] NOTICE TO PLEAD -'.J TO: Mortgage Electronic Registration Systems, Inc. Lj > r,,) --1 C-, -< You are hereby notified to plead to the enclosed New Matter within twenty (20) days trom service hereof or a default judgment may be entered against you. SALZMANN HUGHES, P.e. By Dated:!2.II)~ r E. Ralph Godfrey, uire Attorney 1.D. No. 77052 354 Alexander Spring Road Suite [ Carlisle, PA 17013 (717) 249-6333 Attorneys for Defendant MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INe. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION CATHY 1. SWARTZWELDER NO. 05-5710 Defendant DEFENDANT'S ANSWER AND NEW MATTER TO COMPLAINT IN MORTGAGE FORECLOSURE ~t'- AND NOW THIS IS of December 2005, Defendant, Cathy J. Swartzwelder, by and through her attorneys, Salzmann Hughes, P.e., answers the corresponding numbered paragraphs of Plaintiffs Complaint as follows: I. Denied. After reasonable investigation, Defendanls are without sufficient knowledge to either admit or deny the allegations contained in paragraph \. Strict proof thereof is demanded at the time of trial. 2. Admitted, 3. Admitted in part; denied in part. It is admitted that the Defendant cxecuted a Mortgage Note. The remaining allegations are denied since the written documents speak for themselves. Strict proof thereof is demanded at the time of trial. 4. Admitted but with qualifications. It is admitted only that a legal description is attached to the complaint, which is a written document that speaks for itself. Strict proofis demanded that the legal description is the property subjected to the mortgage. 5. Denied. Paragraph 5 is denied as a conclusion of law to which no response is required. Strict proof thereof is demanded at the time of trial. 6. Denied. It is strictly denied that the amounts reflected in the Complainl are the actual costs incurred by Plaintiff. Therefore, Defendant disputes the amount of attorney fees, cost of suit and title search expenses. Strict proof is demanded at the time of trial. 7. Denied. Paragraph 7 is denied as a conclusion of law to which no response is required. Strict proof thereof is demanded at the time oftrial. 8. Denied. It is strictly denied that the premises is vacant and abandoned. Strict proof is demanded at the time of trial. WHEREFORE, Defendant prays that the Foreclosure Complaint be dismissed and that she be awarded costs of defense, including attorney fees, and that she may have such other relief as may be j list and appropriate NEW MATTER By way of further answer and defense, Defendant avers the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 9. Plaintiffs cause of action is barred by the applicable statute of limitations. 10. The amount of attorney fees is unreasonable and not a customary charge and does not accurately reflect the actual legal expenses incurred by Plaintiff. Furthermore, Plaintiff has violated Ihe mortgage by charging an unreasonable amount. - 2- WHEREFORE, Defendant prays that the Foreclosure Complaint be dismissed and that she be awarded costs of defense, including attorney fees, and that she may have such other relief as may be just and appropriate. SALZMANN HUGHES, P.C. Dated: /2 (,:> rb~" CZ( By E. Ralph Godfre Attorney 1.0. No. 77052 354 Alexander Spring Road Suite I Carlisle, PA 17013 (717) 249-6333 Attorneys for Defendant - 3 - CERTIFICATE OF SERVICE AND NOW, this I(~ay Of'Y~~~ , 2005, I, E. Ralph Godfrey, Esquire, hereby certify that I served a copy of the within Defendant's Answer and New Matter this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: Francis S. Hallinan, Esquire Phelan Hallinan & Schmieg, LLP One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 ~ E. Ralph Go . . EXHIBIT E . ._ PHELAN ,....-~ HALLINAN ~SCHMIEG 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-4491 Email: sheetal.shahiani<mfednhe.com Sheetal R. Shah-Jani, Esquire Litigation Department Representing Lenders in Pennsylvania & New Jersey January 3,2006 VIA OVERNIGHT MAIL Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Mortgage Electronic Registration Systems, Inc, vs, Cathy J, Swartzwelder Cumberland County CCP, No,: 05-5710 Civil Term Dear Sir/Madam: Enclosed please find Plaintiff's Reply to Defendant's New Matter to Plaintiff's Complaint and Certification of Service for filing with the court. Please return a time-stamped copy of the first page of the Reply and Certification in the enclosed self-addressed stamped envelope. Your cooperation in this matter is appreciated. ~ Enclosures cc: E. Ralph Godfrey, Esquire Aurora Loan Services, Inc. (Scottsbluff, NE), Attn: Ty Miller Account No.: 0017295502 * Please be advised that this firm is a deht collector attempting to collect a debt. Any infonnation received will be UlSed for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt. but only enforcement of lien against property. PHELAN HALLINAN & SCHMIEG, LLP BY: Sheetal R. Shah-Jani, Esquire Identification No.; 81760 One Penn Center at Suburban Station 1617 J,F.K. Blvd, - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Court of Common Pleas Civil Division Plaintiff Cmnberland County No.: 05-5710 Civil Term vs. Cathy 1. Swartzwelder 25 South Old Stonehouse Road Carlisle, P A 17013 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via first class mail to the person listed below on the date indicated; E. Ralph Godfrey, Esquire 354 Alexander Spring Road, Suite 1 Carlisle, P A 17013 Sheetal R. Shah-Jani, Attorney for Plaintiff Date; January 3, 2006 PHELAN HALLINAN & SCHMIEG, LLP BY; Sheetal R. Shah-Jani, Esquire Identification No.: 81760 One Penn Center at Suburban Station 1617 J.F,K. BLVD. - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Court of Common Pleas Civil Division Plaintiff Cumberland County No.: 05-5710 Civil Term vs. Cathy J, Swartzwelder 25 South Old Stonehouse Road Carlisle, PA 17013 Defendant TIUS FIRM IS A DEBT COLLECfOR ATIEMPTING TO COLLECf A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Comes now, Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, and files its Reply to Defendant's New Matter and in support thereof avers as follows: Plaintiff hereby incorporates by reference paragraphs one (1) through eight (8) of its Complaint as if fully set forth herein. 9. Denied. The averments of paragraph nine (9) contain conclusion oflaw to which no answer is warranted. By way of further response, a mortgage foreclosure action is a twenty (20) year statute oflimitation from the date of default. As averred in Plaintiffs Complaint in Mortgage Foreclosure, the Mortgage is due for July 1, 2005. Plaintiff filed its Complaint in Mortgage Foreclosure on November 3, 2005 well within the applicable statute oflimitations. 10. Denied. The averments of paragraph ten (10) contain conclusion oflaw to which no answer is warranted. By way of further response, the attorneys fees averred in paragraph six (6) of Plaintiff's Complaint are in conformed with the mortgage docwnents in Pennsylvania law, By way of further response, at the time that the Plaintiff filed its Complaint in Mortgage Foreclosure, Plaintiff had no way of knowing that the action would become litigated and the attorney fees averred in the Complaint are collected in the event a third purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney fees actually incorporated will be charged. WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant the relief as requested in Plaintiff's Complaint in Foreclosure. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: January 3, 2006 BY: eetal R. Shah-J Attorney for Plainti VERIFICATION Sheetal R. Shah-Jani, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Sheeta! R. S -J., E Attorney for PI. . ff One Penn Center a u ban Station 1617 J.F,K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 " Date: January 3,2006 BY; . ' EXHIBIT F AURORA LOAN SERVICES September 07, 2005 ACT 91 NOTIC~TIrr*~~~fe~~:~O SA VE YOUR HOME FROM , FORECLOSURE 0017295502CL07109-07-05 Cathy J Swartzwelder 25 Old 'stonehouse Rd S Carlisl'~ PA 17013 RE: Bo:crower ( s) : Property Address: Cathy J Swartzwelder 1351 W Trindle Rd Carlisle PA 17013 0017295502 Aurora Loan Services Loan No. : Cu:crent Lender/Servicer: This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose, Specific information about the nature of the default is provided in the attached p1\ges. The HOMgOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see ,. f HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY \~ITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869), This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIF'ICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA N01'IFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONP,DO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SF.LVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 6 IMPORTANT INFORMATION ON PAGE 5 ., ;~.~ L',.d .>"il' ,;;.~ .:!.c. AURORA LOAN SERVICES Loan Number 0017295502 601 FIFfH AVENUE' P.O. BOX 1706 . SCOTfSBLUFF, NE 69363.1706 PHONE: BOO.550.0~~geF^t: 3g~63g.6700 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU 20MPLY 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 MOR'rGAGE PAYMENTS, AND * IF .~OU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, TEMPORA?Y STAY OF FORECLOSURE--Under the Act, you are entitled to a t~nporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During this time you must arrange and att'~nd a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PAR'P OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES -- If. you meet with one of the consume;c credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice, It is only necessary to schedule one face-to-face meetiIlg. Advise your lender immediately of your intentions. APPLICA'"ION 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 tr'.ed and are unable to resolve this problem with the lender, you haVE! the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUS1' FILE YOUR APPLICATION PROMPTLY. IF YOU FAfL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICA1'ION FOR MORTGAGE ASSISTANCE WILL BE DENIED. I' : j.; >!'.\'i ~F':; Lt.c . AURORA LOAN SERVICES Loan Number 0017295502 601 FIFTH AVENUE . P.O. BOX 1706 . SCOTISBWFF,NE 69363-1706 PHONE, 800-550-D?f'lg.!^l38'l:63/l-6700 AGENCY ACTION - Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibilit criteria established by the Act, The Pennsylvania Housing Finance Agenc has sixty (60) days to make a decision after it receives your application, During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. 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: 1351 W Trind1e Rd, Carlisle PA 17013 is SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: Regular monthly payments of $ 699,33 for the months of July 01, 2005 through today, September 07, 2005. Unpaid ~ate Charge Balance 54,96 NSF Fees. 00 Inspection Fees.OO Corporate Advance 12.00 (Less S-'spense).OO TOTAL A~OUNT DUE $ 2164,95 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) ll~YS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DJE TO THE LENDER, WHICH IS $V001E2 PLUS ANY MOR'l'GAG:~ PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made by cashier's check, .:ertified check or money order made payable and sent to: Aurora Loan Services Attn: Cashiering Dept. PO Box 5180 Denver, CO 80217-5180 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this Notice: IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise their rights to accelerate the mortgage debt 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 'rHIRTY (30) DAYS, the lender also intends to instruct their attorneys to start legal action to foreclose upon your mortgaged property. .',jl "'/"1', ,i:i1'/ (-, "c. . AURORA LOAN SERVICES Loan Number 0017295502 601 FrFfHAVENUE' P.O.BOXI706' SCOTISBLUFF,NE 69363.1706 PHONE: 800-S5(J-OPO,fieFAf 191:63&-6700 IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt, If the lender refers your case to their attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney fees that were actually, up to $50.00. However, if legal proceedings are started against you, you will ha've to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney 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 by paying ~ll amounts due, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also start legal action against you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and pre'vent the sale at any time up to one hour before the Sheriff's sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney fees and costs connect'2d with the foreclosure sale and other costs connected with the Sheriff's sale as specified in writing by the lender and by performing any otho2r requirements under the mortgage, Curing your default in the manner "et forth in this notice will restore your mortgage to the same positio:~ as if you had never defaulted, EARLIEs'r POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's sale of the mortgaged property could bo2 held would be approximately ten (10) months from the date of this No=ice. A notice of the actual date, of the Sheriff's sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: AURORA LOAN SERVICES Address: PO BOX 2056 Scottsbluff, NE 69363-2056 Phone Number: 800-550-0509 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be initiated by the lender at any time. 11.' ,,-'J' -;:..:p::-C}> U,:~ . . . AURORA LOAN SERVICES Loan Number 0017295502 601 FIFTH AVENUE' P.O. BOX 1706 . SCOTTSBLlJFF, NE 69363.1706 PHONE, 800.550'~geF~; 38':1:63g.6700 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 fees and costs are paid prior to or at the sale anj that the other requirements of the mortgage are satisfied, YOU MAY ALSO HAVE THE RIGHT * 'ro SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO D3FAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. , TC SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LA~l. You may find out at any time exactly what the required payment will be by calling us at the following number: (800) 550-0509. This pa~rment must be cashiers check, certified check or money order, payable to Aurora Loan Services and sent to the address above. You should realize that a Sheriff's or other similar official's sale wL.I end your ownerShip of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's or other similar official's sale, a lawsuit could be initiated to evict you, You sha;.l have the right to assert in the foreclosure proceedings, the non..existence of a default, or any other defense that you may have, to acceleration or foreclosure. You haVE! additional rights to help protect your interest in the property. .'-""-"1 '-']'\/.;;10::. . , . AURORA LOAN SERVICES -.---..-- -~_. ---- - ---- -"-~-"-~'-------------~------------------ Loan Number 0017295502 601 FlFlli AVENUE. P.O. BOX 1706 . SCOTISBLUFF, NE 69363-1706 PHONE,800-550-0508 . .IIZ, 30~63Q-6700 Page 6 ot 6 You have the right to sell the property to obtain money to payoff the mortgage debt, or to borrow money from another lending institution to pay off this debt, You may have the right to sell or transfer the property, subject to the mortgage, to a buyer or transferee who will assume the mortgage debt, p~ovided that all the outstanding payments, charges and attorney fees and costs are paid prior to or at the sale, and that the other requirements under the mortgage are satisfied. Contact us to determine under what circumstances this right might exist. You ha~~ the right to have this default cured by any third party acting on your behalf. If you cu~e the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than THREE (3) times in any calendar year. This is an attempt to collect a debt and any information obtained will be used for that purpose. However, if you have previously received a discharge in bankruptcy, and you were a borrower on a loan with Aurora ]:'oan Services, or its predecessor(s), at the time of filing your bankrupl:cy, this correspondence is not and should not be construed to be an attempt to collect a debt or impose personal liability against you, but solely an enfo~cement of a lien against the property. If you have any questions regarding this matter, feel free to contact onE of our Loan Counselors at the address above or by calling 800-550--0509. Loan Counseling Aurora Loan Services '/J. "i.--VI[ ,0,. . - APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc, 2000 Linglestown Road Halrisburg, P A 17102 (717) 541-1757 Url.an League of Metropolitan Harrisburg N 6" Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Financial Counseling Servlees of Franklin 31 West 3rd Street Waynesboro, PAl 7268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region Adams County Housing Authority 1514 Derry Street 139-143 Carlisle St Ha~risburg, PA 17104 Gettysburg, PA 17325 (717) 232-9757 (717) 334-1518 FAX (717) 234-2227 FAX (717) 334-8326 ?LbO 3~01 '184'1 1'131. 1.'170 10: CATHY 1 SWARTZWELDER 25 OLD STONEHOUSE RD S CARLISLE PA 170139797 SENDER: Aurora Loan Services REFERENCE: 0017295502 PS RETURN RECEIPT SERVICE 2005 r--'\ "''''90 c. ed Fee Ret~ Receipt Fee Resticted Delivery Total Postage & Fees US Postal Servic:8 Receipt for Certified Mail POSTlMRK OR No Insurance Cov81'i1l8 ProvlCJed 00 Not LIM lor Intel'nalIona! MU 711.0 3'101 'IIl4'1 1'13b 1.'187 10: CATHY J SWARTZWELDER 1351 W TRlNDLE RD CARLISLE PA 17013 SENDER: Aurora Loan Services REFERENCE: 0017295502 PS RETURN RECEIPT SERVICE 2OC>o r--'\ ~ Certified Fee Retum Receipt Fee Restricted Delivery Total Po8tage & Fees US Postal Servfee Receipt for Certified Mail POSTMARK OR No Insurance Coverage PnMdecI Do Not Use lor International .... . , , ~ VFRTFTrATTON Keri P. Claeys, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. 3/)J OC? Date I /~ Keri P. Claeys, Esquire Attorney for Plaintiff r--C) () ~~:7) -,'1 ,':~ .." t:i GJ I C-. ...: ~ '-;-? ~ C' - , '- PRAFrTPR FOR 1 "STING CASR FOR ARGTTMFNT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------------------------------------------------------------------------------- Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Cathy J. Swartzwelder 25 South Old Stonehouse Road Carlisle, P A 17013 Defendant ; No. 05-5710 CIVIL TERM 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify counsel who will argue case; (a) Keri P. Claeys, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Blvd., Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (b) E. Ralph Godfrey, Esquire 354 Alexander Spring Road Carlisle, PA 17013 Attorney for Defendant 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: March 23, 2006 //<? ((/C-----/Z Keri P. Claeys, Esquire Attorney for Plaintiff Date: 9- \.~ \I:::'''D \ l. PHELAN HALLINAN & SCHMIEG, LLP By: KERI P, CLAEYS, ESQUIRE Identification No. 91298 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 'i) '163-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Cathy J. Swartzwelder 25 South Old Stonehouse Road Carlisle, P A 17013 Defendant : No. 05-5710 CIVIL TERM CF,RTTFWATTON OF SFRVWF I hereby certifY that true and correct copies of Plaintiffs Motion for Summary Judgment, Order, Certification of Service, Argument Praecipe, and Attached Exhibits were sent via first class mail to the person on the date listed below: E. Ralph Godfrey, Esquire 354 Alexander Spring Road Carlisle, P A 17013 Date: ~/-;7 '," ?/c:~/(' Keri p, Claeys, Esquire Attorney for Plaintiff "., cc:i 0 <2.,", -" .- -i pi ~:r: i7"J rn , ,- 0", - .. GJ :-., i> ~:.o G. --( ..... ~ . J PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court, Mortgage Electronic Registration Systems, Inc. (Plaintiff) vs. Cathy J, Swartzwelder (Defendant) No,05 Civil Term 5710 L State matter to be argued (i.e" plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2, Identify counsel who will argue case: (a) for plaintiff: Address: Keri P. Claeys, Esquire Phelan Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 J,F,K Blvd, Suite 1400 Philadelphia, P A 19103 (b) for defendant: E, Ralph Godfrey, Esquire Address: 354 Alexander Spring Road, Suite 1 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: July 12,2006 Ke&' Attorney for Plaintiff Date: ~ ~ I .. PHELAN HALLINAN & SCHMIEG, LLP By: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff : Court of Common Pleas : Civil Division vs. : Cumberland County Cathy J. Swartzwelder 25 South Old Stonehouse Road Carlisle, PA 17013 Defendant : No. 05-5710 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Praecipe to List for Argument, and Certification of Service were sent via first class mail to the persons on the date listed below: E. Ralph Godfrey, Esquire 354 Alexander Spring Road Carlisle, PA 17013 lQ\~ Date: K . P. laeys, Esquire Attorney for Plaintiff r-.:> c::> c:::~) C:-.,T\ o -n .-\ -r n1~ rT~~ q N \) ..j'. ..~~~ ~~ -... r~ I '~:~~ ~- ::0 -< C,) c..) Mortgage Electronic Registration Systems, Inc" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-5710 Civil Term vs, Cathy J, Swartzwelder, Defendant ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Law Offices of Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Argument Court to be held on Wednesday, July 12, 200 ~ Dale F, Shughart, Supreme Court I,D. 19 73 10 West High Street Carlisle, PA 17013 (717) 241-4311 Date: July 11, 2006 cc: Keri P, Claeys, Esquire, Phelan Hallinan & Schmieg, LLP E, Ralph Godfrey, Esquire r-......)c ,-~~, ~= ~".. , "~ ::-1'1 ::..";:1 cd ;"-' C0 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CATHY J. SWARTZWELDER, DEFENDANT : 05-5710 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT AND NOW, this ORDER OF COURT \ 1.-- day of July, 2006, summary judgment is ordered in favor of plaintiff, Mortgage Electronic Registration Systems, Inc., against Cathy J. Swartzwelder, in the amount of $88,982.50 plus interest from November 2, 2005, at the rate of $15,36 per diem, and costs. Keri P. Claeys, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 f Philadelphia, PA 19103-1814 Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 17013 For Plaintiff ~ ~ 7-/3-01- 0-. E. Ralph Godfrey, Esquire 354 Alexander Spring Road Carlisle, PA 17013 For Defendant :sal :'" "I Zl , , PHELAN HALLINAN & SCHMIEG, LLP By: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 56J-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff : Court of Common Pleas : Civil Division vs. : Cumberland County Cathy J. Swartzwelder 25 South Old Stonehouse Road Carlisle, P A 17013 Defendant : No. 05-5710 MOTION TO V ACATF. .nrOGMF.NT Plaintiff respectfully requests that the Court enter an Order vacating its judgment, and in support thereof avers as follows: 1. Plaintiff initiated the within mortgage foreclosure action due to a default by the Defendant under the Mortgage. 2. Plaintiff filed a Motion for Summary Judgment which was granted by Court Order dated July 12,2006 in the amount of$88,982.50 plus interest from 06/01/05 at the rate of$15.36 per diem. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit A. 3. Subsequently, Defendant reinstated the loan by tendering the amount of$12,651.99 In other words, the arrears have been cured and Defendant will now resume making monthly mortgage payments. 4, Accordingly, it is appropriate for the judgment against Defendant be vacated and the foreclosure action be marked discontinued and ended without prejudice so the Plaintiff may bring a . . new foreclosure action if the Defendant should default on the loan in the future. WHEREFORE, Plaintiff respectfully requests that the Court vacate the judgment entered on July 12,2006 and mark this case discontinued and ended without prejudice. Date:~~ ubmitted, AN & SCHMIEG, LLP Ke P. Claeys, Esquire Attorney for Plaintiff 2 PHELAN HALLINAN & SCHMIEG, LLP By: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 561-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean,\'A 22102 Plaintiff Court of Common Pleas Civil Division Cumberland County vs. No. 05-5710 Cathy J. Swartzwelder 25 South Old Stonehouse Road Carlisle, P A 17013 Defendant PI,AINTIFF'S RRIRF IN SUPPORT OF ITS MOTION TO V ACA TF: .n JDGMF.NT Plaintiff initiated the within mortgage foreclosure action due to a default by the Defendant under the Mortgage. Plaintiff filed a Motion for Summary Judgment which was granted by Court Order dated July 12,2006 in the amount of $88,982.50 plus interest from 06/01/05 at the rate of$15.36 per diem. Subsequently, Defendant reinstated the loan by tendering the amount of $12,651. 99. Accordingly, it is appropriate for the judgment against Defendant be vacated and the foreclosure action be marked discontinued and ended without prejudice so the Plaintiff may bring a new foreclosure action if the Defendant should default on the loan in the future. WHEREFORE, Plaintiff respectfuIly requests that the Court vacate the judgment entered on July 12, 2006 and mark the case discontinued and ended without prejudice. Dare~ HMIEG, LLP Keri P. Claeys, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff : Court of Common Pleas : Civil Division vs. : Cumberland County Cathy J. Swartzwelder 25 South Old Stonehouse Road Carlisle, P A 17013 Defendant : No. 05-5710 CF.RTTF1CA TTON OF SF.RVTCF. I hereby certify that Plaintiffs Motion to Vacate Judgment, the Brief in support thereof, and attached documents were sent to the following persons on the date indicated below: E. Ralph Godfrey, Esquire 354 Alexander Spring Road Suite 1 Carlisle, P A 17013 Dale F. Shugart, Jr., Esquire 1 0 West High Street Carlisle, PAl 7013 ~lp Date . K: . P. Claeys, Esquire Attorney for Plaintiff " . EXHIBIT A \_ ..If . /! MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF ': IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CATHY J. SWARTZWELDER, DEFENDANT : 05-5710 CIVIL TERM IN RE:MOTION FOR SUMMARY JUDGMENT AND NOW, this ORDER OF COURT \ 1...-- day of July, 2006, summary judgment is ordered in favor of plaintiff, Mortgage Electronic Registration Systems, Inc., against Cathy J, Swartzwelder, in the amount of $88,982,50 plus interest from November 2, 2005, at the rate of $15.36 per diem, and costs. Keri P, Claeys, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ,.:.f Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 17013 For Plaintiff E. Ralph Godfrey, Esquire 354 Alexander Spring Road Carlisle, PA 17013 For Defendant :sal TRUE COllY FROM JltECORl__ fa TIItImo8V ~. , ...... ~....,;, ", and the ~ ., said ., ."p.. .,h" ~ /?}.s:!'J~/<~.~'- ..........., VFRIFlCA TION Keri P. Claeys, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Vacate Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~ Date ~ Keri P. Claeys, Esquire Attorney for Plaintiff r....~) -....! -,-, r",~ ( ,', c: d-- JUl 2 8 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ~ PENNSYLVANIA Mortgage Electronic Registration Systems, Inc, 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff : Court of Common Pleas : Civil Division vs, : Cumberland County Cathy J. Swartzwelder 25 South Old Stonehouse Road Carlisle, P A 17013 Defendant : No. 05-5710 AND NOW, this ~ ORDRR A J day of V~~006 upon consideration of Plaintiffs Motion to Vacate Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, it is hereby; ORDERED and DECREED that the judgment entered in favor of Plaintiff on July 12, 2006 is hereby vacated and this case is hereby discontinued and ended without prejudice. The Prothonotary is directed to strike the July 12,2006 judgment from the docket and mark this case "discontinued and ended without prejudice". J. ~ ....-- C1' ~ i M .. ::,:';!; - ~~ 0z x: c-:S"" < .:>. ~~ ~~ co s.'if) ~ I ~~]~ ~ ;ljtD ~w => 0:' a.. a::j;!: < ;; ..., ::;) ~ "" (J "" .... ,,--" ~ ~ ~