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HomeMy WebLinkAbout06-1276I& 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 TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 V. ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. O(o - Ja 7 / C t ? ^ ? CUMBERLAND COUNTY l Defendants 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 #: 131862 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 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. File #: 13 L862 Plaintiff is TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: ANTHONY J. REED ROSE M. REED AWA ROSE M. LORD 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/25/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GUARANTEED HOME MORTGAGE COMPANY, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1702, Page: 212. By Assignment of Mortgage recorded 2/3/2003 the mortgage was Assigned To PCFS FINANCIAL SERVICES, INCORPORATED which Assignment is recorded in Assignment Of Mortgage Book No. 694, Page 161. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/28/2005 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 9 : 131862 6. The following amounts are due on the mortgage: Principal Balance $90,064.44 Interest 4,746.11 09/28/2005 through 03/03/2006 (Per Diem $30.23) Attorney's Fees 1,250.00 Cumulative Late Charges 200.71 04/25/2001 to 03/03/2006 Cost of Suit and Title Search 550.00 Subtotal $ 96,811.26 Escrow Credit 0.00 Deficit 2,854.51 Subtotal $ 2,854.51 TOTAL $ 99,665.77 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 99,665.77, together with interest from 03/03/2006 at the rate of $30.23 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 & SCHHMIE-G,, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 131862 1 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE VILLAGE OF WALNUT BOTTOM IN THE TOWNSHIP OF SOUTH NEWTON, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF PENNSYLVANIA STATE HIGHWAY ROUTE NO. 33 KNOWN AS THE WALNUT BOTTOM ROAD, AT CORNER OF LANDS NOW OR FORMERLY OF DONALD F. KEITER, THENCE BY SAID KEITER LAND, SOUTH 42-1/2 DEGREES WEST 27.2 PERCHES 449 FEET TO LAND NOW OR FORMERLY OF PRESTON BAKER; THENCE BY LAND NOW OR FORMERLY OF MARK E. COCKLEY, ET UX, NORTH 68-1/2 DEGREES EAST 78 FEET TO A POINT; THENCE BY OTHER LAND NOW OR FORMERLY OF MARK E. COCKLEY, ET UX, NORTH 41-1/2 DEGREES EAST 462 FEET TO THE CENTER OF THE AFORESAID HIGHWAY; THENCE BY THE CENTER OF SAID HIGHWAY, SOUTH 46-3/4 DEGREES WEST 65- 1/2 FEET TO THE PLACE OF BEGINNING. THE EASTERN LINE LIES EAST OF DRIVEWAY AND ALONG THE WESTERN EDGE OF SIDEWALK SITUATED ON THE ROAD LYING IMMEDIATELY TO THE EAST OF THE LAND HEREIN CONVEYED. BEING PARCEL NO. 41-31-2230-069 BEING THE SAME PROPERTY CONVEYED TO ANTHONY J. REED BY DEED FROM ANTHONY J. REED AND TAMEY K. REED, HIS WIFE, RECORDED 05/31/1994 IN DEED BOOK 106 PAGE 193. PROPERTY BEING: 117 EAST MAIN STREET File 4: 131862 FRANCIS S. HAT LINAN, 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 on 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 his 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 unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: C-) n ? VI Sz, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY TRUMAN CAPITAL MORTGAGE, CIVIL DIVISION Plaintiff Case No.: 06-1276- Civil Term VS. ANTHONY J. REED and RSE M. REED a/k/a ROSE M. LORD, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. Paragraphs 5 and 6 of the complaint are denied. Specifically, it is denied that the alleged amounts due on the principal balance, interest, court costs, escrow overdraft, late charges, and attorney's fees are accurate. The debtor cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. NEW MATTER - AFFIRMATIVE DEFENSES The answering Defendant(s) will rely upon all of the following defenses: 1. Plaintiff's cause of action is in violation of the Fair Debt Collection Practices Act, 15 USC 1692-1692a. 2. Plaintiff's cause of action is barred in whole or in part by the doctrines of waiver and estoppel. WHEREFORE, the defendant(s) pray(s) that plaintiff s complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current Frank E. Yourick, J ., Esquire Pa. ID # 00245 P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 CERTIFICATE OF SERVICE I certify that on the 31 st day of March, 2006, I served a copy of the Answer to Plaintiff's Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia,-RA 19103-1814 Frank E. YourM, Jr., I Attorney for De endanl P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 n ? 7 _a `; -t; ,-, - ?? - - _. -(n ,.? crt ?PHELAN HALLINAN & SCHMIEG, LLP BY: Keri P. Claeys, Esquire Identification No.: 91298 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Court of Common Pleas Truman Capital Mortgage Loan Trust 2004-1 Plaintiff Civil Division vs. Cumberland County Anthony J. Reed No. 06-1276 Rose M. Reed A/KJA Rose M. Load Defendants PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Plaintiff, Truman Capital Mortgage Loan Trust 2004-1, by its attorney, Keri P. Claeys, Esquire, hereby files the within Reply to New Matter of Defendants Anthony J. Reed and Rose M. Reed A/K/A Rose M. Load and in support thereof states as follows: Plaintiff incorporates herein by reference the averments of paragraphs one (1) through nine (9) of its Complaint as if set forth herein at length. 1. Denied. The averment of paragraph one (1) contain conclusion of law to which no response is necessary. By way of further of response, the Plaintiff responded to the Defendants' Fair Debt Collection Practices Act letter on May 1, 2006. A true and correct copy of the Letter is attached hereto made part hereof and marked as Exhibit A. 2. Denied. The averments of paragraph two (2) contains conclusions of law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 6 It)('0 BY: ` Keri P. Claeys, Esquire Attorney for Plaintiff EXHIBIT A r4 One Penn Center at Suburban Station 1617 J.F.K. Blvd., Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 FILE COPY Fax: 215-563-4491 Email: keri.claeys@fedphe.com Keri P. Claeys, Esquire Representing Lenders in Litigation Department, Ext.1245 Pennsylvania and New Jersey* May 1, 2006 Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 Re: Truman Capital Mortgage v. Reed Cumberland County CCP No. 06-1276 Dear Mr. Yourick: This letter is in response to your request submitted to our office on March 31, 2006, for verification of the validity of the mortgage debt in the above-referenced mortgage foreclosure action. Please be advised that the Plaintiff, is seeking the sum of $99,665.77 plus interest from March 3, 2006 at the rate of $30.23 per diem to the date of judgment, plus other costs and charges collectible under the mortgage. I have enclosed a reinstatement and payoff figure good through April 28, 2006. These amounts are due because of the default and the subsequent acceleration of the debt. Since the debt of the mortgage loan has been accelerated due to the default, regular monthly mortgage payments will not be accepted unless the default is cured in its entirety. Please also be advised that the original lender of the Defendants' mortgage was Guaranteed Home Mortgage Company, Inc. Enclosed please find a copy of the Defendants' mortgage. Kindly be advised that the Defendants have the right to bring their loan current up until one hour before a scheduled Sheriff's Sale, in order to avoid foreclosure. In order to obtain either an up to date payoff figure or a reinstatement quote, you must contact Ray Bagley of our office at (215) 563-7000. Please be advised that our office is proceeding with the foreclosure action. Ve Cl squire KPC/nag • Please be advised that this firm is a debt collector attempting to collect a debt. Any information received 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 attempt to collect a debt, but only enforcement of lien against property. T? PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail feresolution@fedphe.com Foreclosure Resolution Dept. Representing Lenders in Pennsylvania & New Jersey REINSTATEMENT FIGURE NAME: REED, ANTHONY J. & ROSE M. LOAN # 0833001250 DATE: 4/18/06 GOOD THRU 4/28/06 Total Payment Amount (7 Payments) $9,631.41 Late Charges $1,393.24 Property Inspections/Preservation $449.00 BPOs/Appraisals $390.00 NSF Fees $40.00 Speedpay Fees $16.00 Attorney Costs $707.50 Attorney Fees $650.00 TOTAL $13,277.15 ALL FUNDS MUST BE IN CERTIFIED FORM MADE PAYABLE TO YOUR MORTGAGE CO. Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received & 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 a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day today, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment my be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. If this is the first notice that you have received from this office, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, you may request the name and address of the original creditor if different from above. PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolutionna,fed hp e.com Foreclosure Resolution Dept. Representing Lenders in Pennsylvania & New Jersey PAYOFF FIGURE NAME: REED, ANTHONY J. & ROSE M. LOAN # 0833001250 DATE: 4/18/06 GOOD THRU 4/28/06 Principal Balance $90,064.44 Late Charges $1,393.24 Property Inspections/Preservation $449.00 BPOs/Appraisals $390.00 NSF Fees $40.00 Speedpay Fees $16.00 Interest $6,466.10 Escrow Advance $3,273.41 Recording Fee $27.00 Attorney Costs $707.50 Attorney Fees $650.00 TOTAL $103,476.69 ALL FUNDS MUST BE IN CERTIFIED FORM MADE PAYABLE TO YOUR MORTGAGE CO. Please be advised that this firm is a debt collector attempting to collect a debt Any information received will be used for that purpose. If you have 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 a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day today. the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your chock, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. If this is the first notice that you have received from this office, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you written verification thereof,; otherwise, the debt will be assumed to be valid. t.ikewise, you may request the name and address of the original creditor ifdifferent from above. i 'j r ^ r 1 7 -i j ss 31d I RECORDER OF Ui-EDS GUM2ERLv40 CCUNi Y-Pq '01 MIRY 7 °f1 3 02 Aftrx Recording Return To. GUARANTEED HOME MORTGAGE COMPANY, INC. 855 AVENUE OF THE AMERICAS, SUITE 400 NEW YORK, NEW YORK 10001 Loan Number PA01040302U]B DEFINMONS PP- Abuwe Tbls Uac Ant Rmoaft Don) MORTGAGE Words used in multiple sections of this docuaumt arc detmed below and other words we defined in Sections 3,11.13, 18, 20 and 21. Certain rules regarding the usage of words used in this document arc also provided in Section 16. (A) 'Security Lrstrwncw" means this docvrncnt, which is dated APRIL 25 . 2001 , together with all Riders to this doannenc. (B) "Borrower' is ANTHONY J. REED AND ROSE M. REED Borrower is the mortgagor under this Security Instrument. (C) 'Lrudsar' is GUARANTEED HOME MORTGAGE COMPANY, INC. Lendet is s NEW YORK CORPORATION organized and existing under the laws of NEW YORK Lcodces address is 855 AVENUE OF THE AMERICAS, SUITE 400, NEW YORK, NEW YORK 10001 Leader is the wortgagm under this Secarhy Instrument. (D) 'Note' means the pmtrumty note sighed by Borrower and dated APRIL 2 5 , 2 0 01 . The Now stars that Borrower owes leader NINETY ONE THOUSAND EIGHT Hl=RED AND 00/100 Dollars (U.S. S 91, 800.00 ) plus interest. Borrower has promised to pay this debt in regttlar Periodic Payamm and to pay the debt in full not Iauer dm APRIL 30, 2031 (A 'Property- means the property that is described below under the heading 'Transfer of Rights in the Property.' (H) "Lam' mans the debt evidenced by the Note, plus interest, any prepayment charges and ime charges due under the Note, and all sums due under this Security Inserumcnt. plus Iatc=. (G) "Rrdais' m ,n,.t all Riders to this Security Insuvrnwd that are exomded by Borrower. The following Riders arc to be exemted by Borrower [check box as alrplicabte]: PENNSYi VAbUA-stnge Penile--r=mete t?fxlPrcAdlt tYtac UMFOtttN tNSlttUt?iPNP Fong 3034 lrol OWWO-M hW-A. W. MO "'MW etiu%1702rAG'L 212 CmC •?UOAt.MTG ? Adjustable Rate Rider ? Condominium Rider ? Scrond Honx Rider ? Balloon Rider ? Plannrd Unit 13mclopromt Rider ® Other(s) [specify) ? 14 Fundy Rider ? Biwe Uy Payment Rider Prepayment Rider (0) "APplia6le Law" ntem will controlling applicable federal. state sad local statutes. regulatiooa, ordinances and adnrWarative noes and orders (that have the effcex of law) as well as all app)kxble fatal, non-appealabic judicial opluioas. (I) Cot®tmtty Amodulon Does, Fars. and A=cmucuts' means alt dues, fns. assessimerus and other charz= that are imposed on Borrower or the Property by a condominium association. homeowner association or sitnUar orgauintion. M 'Demonic FUKU 71<MdCe mealle: any transfer of funds. other than a transaction originated by check, draft. or similar paper lnstrvmm. which is initiated tMrough as electronic tctmlaal, telephonic ius[rumeat. compuscr. or nsagaetic tape so as to order, instruct, or authorize a rutartcial institution to debit or credit an account. Such term includes, but is not limited in. point-of-sale, transfers. automated teller machine transactions. transfers initiated by telepbonc. wire transfers, =W automated clearinghouse transfers. M 'Escrow Items' rnaans close itenz that art described in Section 3. (I.) 'Mhcdlaoc= Pnamada' --- any compensrtion. settlement. award of dauragcs. or proceeds paid by any third party (other than inwrmce proceeds paid under the covetzges described in Section 5) for. (1) damage to. or damuctioa of. the Property, (ii) eoodemmdoo or other ta):)ng of all or any part of the Property; (iii) conveyance in lieu of condt'm ation; or (iv) misrepresentations of, or omissions as :o, the value and/or condition of the Property. (M) 'ModgW Insm=cc' mean; ins=ncc protecting L Oder against the nonpayment of. or default on. the loan. (M 'Periodic Payment' means the regularly scheduled amount due for (i) principal and interest under the Note, plus (i)) any amounts under Section 3 of this Security Insrtusreent. (O) 'R-SPA' means the Real Estate Settlement Procedures Act (l2 U.S.C, §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Pun 3500), as they might be amendod from time to time, or any addition,) or mcca wr legislation or rogt Moo that govenm the =:ne subject matter. As used in this Security Imtnumcat. 'RFSPA' ncfcn to all requsremmu and restrictions that are urposod 10 regard to a 'federally related mortgage loan' even if the Loan does not qualify as a 'federally rrlated mortgage loan' under RESPA. (P) "Successor in lutot ax of Borrower' means any party that has tal= title to the Property, whether or not that patty has assumed Borrower's obligations herder the Note and/of this Security Instturtwnt. TRANSFER OF RIGHTS IN THE PROPERTY Thin Security kwummt secures to Leaden: (I) the rcPaytnrnt of the Loan, and all renewals. extensions and modifications of the Note. and M the peefi m..= of Sonower'a covonaests and aamc neaoc u o nd thin Searrity Inatrumeat and the Nate For this peurpose. Borrower do= hereby mortgage. grant and convey PhKMW .vAN1A-SioCJc P.mny-P.ml- MICIM W Mx UNIMP-19 MMUM&Nr Evan 3039 U0t V-V-W $raw-. he. (MW ""3a Pact 2 of 13 80ttlf,? f' Di?i•? ? ?'7? • c? PAMM.MTC -AMMMM to Lender the Wowing described property located in the COUNTY of CUMBERLAND frype Of PsWrdisr Judxlkdunj [Maroc of Recordueg Jurisdic6m] SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS F"IBXT "A". which cw=dy bas the address of 117 E_ MAIN STREET WALNUT BOTTOM . Peansylw.utla 17266 1Ck71 [zip code) ISU-1 ('Property Address'): TOGEMER WITH all the Improvecstaots now or hereafter erected on the property, and al! CISemrnts, appurtcuaoces, and fiza now or hereafter a part of the property. All n placararti and v1ditious shall also be covered by this Scctuity hisinurernt. All of rbe foregoing is referred to in this Security lasuument as the 'Property.' BORROWER COVENANTS that Borrnwcr is lawfully seised of tbC estate hereby conveyed and has the right to mortgage, grant and convey the Prouty and that the property is umsnaunbe md, except for ma nbrmces of record. Borrower warrants and will defend gcacraily the ride to the Property agaiast all clalms and demraads, subject to any a ncumbnoces of record. THIS SECURITY lNSMUMFNT combines ututbr q covenants for natlonal use and non-uniform covenants with limitcad variations by jud3dicdon to constitute a uniform scendty instn=mt covering reW property. U NIFORM COVENANtS. Borrower cad Leader covmmt and agree as follows: 1- P410ent Borrower w)rcnf d pd of ate w iM= des. OW ? ?. on, the debt evidenced by the Note and any Ptupaymeat charges and laic charges due under the Note. BorMwes 9M also pay fiords for Escrow Items Pursuant to Section 3. Psymmts due under the Note and this Secarl '?7. However. if any check or other instn?c received by Leader shy be under thc io Uor this Security fiWumeot is returned to (.ender unpaid, under may Paw an e Note or require tbaL any or all st,bsequeat payments due trades the Note and this Security ImMunm be nude in acne or n1oe of the following foram, as selackd by Lender: (a) cash; (b) asoncY order; (c) Certified ebeck, beak chock, trmsurer'3 check or cashiers check. provided any such check is drawn upon an institution wbm deposits are insured by a federal agearey, hatrrmemality. or entity: or (d) Electronic Fwi& Transfer. Paya7eats ate dcornW received by Lender when received st the Iocstioa designated in the Note or at such other (e>cAtieaa as May be designated by Leader in accordtince with the notice provisions in Swoon 25. Lewder may sea tm any payment or partial payateot if the payment or partial payments are insuffieicar rrrrxsn vwrnn. Sh*k r'u,wr-r esole Madrre? t?t.? tn?rmoxts ttrs?ttuMStrT OMM'M arQ,a4 e.a (M 4d;.&M Pate 3 of IS Form 3Q39 l/ell ga;x1702ftW ')1, 4 to bring the loan current. Lmder may adept any payment or partial payment insuffwkmt to bring the Loan corrunt, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Leader is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment Is applied as of Its scheduled due date. then Leader need not pay interest on unapplie d fends. L mier may hold such unapplied finds until Borrower makes payment to bring the Loam current. If Borrower does not do so within a reasonable period of time, Leader shall either apply such funds or return them to Borrower. If not applied earlier, mxb funds will be applied to the outstanding principal batanoo unda the Note immediately prior to fore clostim No offset or claim which Sortower might have now or in the future against Lender shall relieve Borrower hoot malting paymcats due under the Note and thin Security bastrumemt or performing the covemaats and agents scarred by this Security instrument. 2. AppUcxdoa of Paynnot at Proceeds. Except as otherwise described its this Section 2, all payments accepted and applied by Loader shall be applied in the following order of priority: (a) interest due under the Note;, (b) principal due under the Note: (e) amounts due under Section 3. Such payments shall be applied to each Periodic Payment is the order in which it became doe. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Soctuity lastrumrnc. and thco to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amowt to pay any Inc charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, LCndcr may apply any P1ynxnt received from Borrower to the reluymtatt of the Periodic Payments if.and to the cxrmc that, each payment an be paid in fall. To the retreat that any excess ousts after the payment is applied to the full payment of one or more Periodic Payments, such gets may be applied to any late charges due. Voluatary prepayments shall be applied first to any prepayment cbargm and then as de:wrtbed in the Note. Any application of paymeaua. insurance proceeds, or Misceilaamus Proceeds to principal due under the Note shall cwt exmd or postpone the due date, or change the amount, of the Periodic Paylntmts. 3. Ftlads for FAcrow hear. Borrower shall pay to Lcndtr on the day Periodic Payments are due under the Note, until the Note is paid in full, a aim (the "Funds") to provide for payment of amounts due for: (a) tarts and assaaments and other items which can attain priority over this Severity lnstn mean as a lira or encumbrance on the Property; (b) lembold payments or ground rents on the Pmpe ny, if any; (c) premiums for any and all Insurance required by Lender under Section S: and (d) Mortgage Insuranco Premiums. it my at any muns payable by Borrower to Linder in Iku of the payment of Mortgage Inananoe premiums is aeoordaaa with the provisions of Section 10. These items are called 'Escrow Items.- At origination or at any time during the tmn of the Loan, Lender may require that Community Atsoeiation Dena. Foeh and A=cssracats. H any. be escrowed by Borrower. and such deter, tea and assess?matts shall be an Fsecow Item. Borrower shall promptly furnish to I -ef r all notices of amounts to be paid under thin Secdoa. Borrower shall pay Le:vdex the Funds for Esmew Items unless Leader waives Borrower's obligation to fray the Ponds for any or all Escrow ltc=. Leader may waive Borrower's obligation to pay to leader Funds for my or all Escrow Items at any time. Any such waiver may only be in writing. In the event of each waiver. Borrower shall pay directly. when and wb= payable. the amounts due for any F.raow [tens for which payment of Funds has been waived by Lauder and, if Leader requires. shall furnish to Leader teeeipts evidencing such paymcnL within such time period as Lender may require. Borrower's obligation to mike such payments and to provide roceapu shall, for off purposes bo dembed to be a covenant and agroeznalt ommined in this Security Instnuruat, ns the phrase 'covenant and sa eemem" is used in Section 9. If Botnowa is obligated to pay Escrow aims directly. pursuant to a waives, and PF-NMMVA -SftW Fa..-.r-Mac uN[FORM AMI-XUaiP-MT Perm 30391/0/ DxWW . ieaM.. In. two 600-130 Nits t of 13 eouK17Q2pACr. 21$ ns PA3oft"TC Borrower fails to pay the amount due for an Escrow Itun, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lander any aura =*Ua. Leader may Mvokc the waiver as to any or all Escrow Items at any time by a oodce givca in aoovtdance with Section 15 and. upon such rcrocation. Borrower shall pay to Leader all Funds, and in such amounts, that art then required under this Section 3- T ?cr may. at any time. call= and hold Funs in an antotmt (a) safficieat to permit Lender to apply the Funds at the time spedfled trader REWPA. and (b) not to aweed the maximatn amount a larder an require ? RESPA. T etdotr shall adman the amount of Funds due on the basis of atrnmt datit and reasonable estimates of a imati Uses of future Escrow Items or otherwise in accordance with Applicable Law. The Fonds shalt be held in an Institation wbose deposits are insamd by a faleral agency, instrumentality, or entity (indudinE Leader, if Lender is an institution whose deposits are so insured) or In any Federal Home Loan Bank. Lcadashall apply the Funds to pay the Escrow Items no later than the tine specified under RSSPA. Leader shall cot charge Borrower for holding and applying the Funds. aonaally analyzing the escrow account, or ved&iing the Escrow Items. unless Larder pays Borrower interest on the Fends and Applicable Law permits Linder to tnnler such a charge. Unless an agrommntt is wade in writing or Applicable Law requires intma to be paid ou the Funds, Leader shall not be required to pay Borrower any intcrau or earnings on the Funds. Borrower and Lra:da can agree in writing, however. that Interest shall be paid an the Funds. L-coder "I give to Borrower, without chase. an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as deCwed uaicr RESPA. Leader shall account to Borrower for the excess funds is accordance with RESPA. If there is a shortage of Fonds bdd in escrow. a3 domed under RESPA. Leader shall notify Borrower as required by RESPA. and Borrower shall pay to Ltndcr the amount necessary to twice up the shortage in accordance with RESPA. but in no more that l2 monthly paymcats. If there is a deficienq of Funds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA. and Borrower sbali pay to Lender the amount necessary to matt up the deficiency in acaordsacc with RFSPA. but in no more than 12 mombly payracm. Upon payment in full of all sums severed by this Security Instrument. Leader shall promptly refund to Borrower any Funds hold by Leader. 4. (laser; Licata. Borrower :bail pity all taxes, asts. charges. Gera. and impositions atmbutable to the Property v4deb can attain priority over this Security hn ument. leasehold paymcus or ground raeots on the Property. if any, and Coromu ity Association Dues. Fns, and Assessmgus. If any. To the cxttat that time items air Ewrow kcros. Borrower shall pay them in the manna provided in Section 3. Borrower erica!! promptly dot any lien which has prionry over this Security Instrim= unless Borrower: (a) a , i is writing to the payment of the obligation severed by the Ilea in a manner acceptable to Leader. but only so long as Bonvwer Is perfmculag such agmment; (b) contests the lien in good faith by. or defends against eafomerotatr of the lien in. legal proceedings which in Lender's opiolon operate to pre'acac the taafttensent of the lieu while those proceedings are pending. but only until such pmt endings art concluded; or (c) w= a front the holder of the lies an agreettcat .satisfacgmy to Lender subordiadiag cite lien to this Security Instrument, If Lender dacrmina that soy put of the Property is subject to a liar which can attain priority over this Severity hauummt, Leader may give Bourowec a nonce identil}* the lien. Within 10 days of the date on which that canoe is given. Borrower shall satisfy the lien Of take nee or most of the actions set forth above in this Section 4. trader may require Borrower to pay a one time charge for a real estate tax vaiSc Lion and/or repotting sc vioc Used by Leader In connection with this Loan. MIQNSYL ANIA-3-sk- r+a?tr-tom Mae?F,e0ic we umMORM txST7tU>atrrr Form 3039 riot DortW-" Stow... I". IN% /n.rxs Pale S or 13 ROUXIMPAq rK '^310 A"G S. Pr CnY Insurance. Borrower shall keep the imptnvements now exirting or hereafter erected on the Property insured against loss by fire, br-rds included within the tam %steaded coverage.-=d any other hazards including. but not limited to. oarthquakes. and floods. for whieb Lender requires insurance. This ins umice shall be maintained in the amounts (including dcducdble levels) and for the pads that Lender requires. What Leander requires pursuant to the preceding sentences can Change during lire term of the Loan. The insurance tauter providing the insetraoce Mali be cbosat by Borrower subject to Lender's right to disVpmve Borrower's cboior. which right shall not be exercised unremonabty. I.tnder tray acquire Borrower to pay. in eamuctian with this Loan. tuber; (a) a onetime charge for flood zone dae rminatim. certification and taddag services; or (b) a one-time charge for flood zoned ion and certification smilers and subsequent charges each time: tem9pplyga or mrailar changes occur which trtmonably might affect such detenninatiost or certification. Borrower shall also be rrsponiible- for the payment of any fees haposed by the Federal Emcrgtacy Managmoent Agency in connection with the review of any flood zone dacrtakwion tesuitlag from an objection by Borrower. If Borrower fails to ataintain any of the coverages described above. Leader may obtain insurance eovcmge. at Leader's option and Borrower's expense. Leader is under no obligation to purchase any particular type or amount of coverage. 7 bemfore, such coverage shall cover Leader. but might or might not protect Borrower. Borrower's equity in the Ptopeay, or the contents of the Property, against any risk, hazard or ttabitity and might provide greater or laser coverage than was previously in effect. Borrower aclotowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could bave obtained. Any umu= disbursed by Leader under this Season S shat) becotne additional debt of Boffower secured by this Security lromme nt. These amounts shall bear interest at the Note rate, from the date of disbursement and shall be payable, with stele interest, upon notice from Lender to Borrower requesting payment. All insurance politics required by Lender and renewals of such policies shall be subject to Leader's right to disapprove steeh policies. shall include a smadaw mortgage clause, and shall oarne Lender as mortgagee and/or as as additional ions payee. Leader shalt hwe the right to hold the policies and renewal cerdfietttt. If L=der requires, Borrower sbaU promptly give to Leader all receipts of paid prcmlums and rrcewd notices. If Borrower obtains any fatrn of incarnate coverage, not od=wiac required by Leader, for damage to. or destruction of. the Property. such policy shall include a standard mortgage louse and shall name Leader as mortaagm and/or as an additional low payee. in the: evennt of loss. Borrower shill give prompt notice to the insurance carrier and Lander. Leader may maitre proof of toss if not made promptly by Borrower. Unless Lender and Borrower othawim agree in writing. any insurance proooeds. whether or not the mtdadybig hts;=nce was required by Latdcr. shall be applied to restoration or repair of the Property. if the restoration or repair is economically fczable and Leader's security is hex lessened. During such repair and restoration period, Lcuder shall bave the right to hold such lastmu= proceeds until Leader has had as opportunity to inspect such property to ensure the work has been completed to Lender's satlifaction. provided that such inspecdon shalt be underod= promptly. Lender stray disburse pme ccds for the repairs and nwWration in a single psymm or in a series of progress payrnrM as the work Is oompiated. Unless an agreesnent is made in wd ag or Applicable Law requites intestxt to be paid on such insurance proceeds. Lender shall not be required to pay Borrower any interest or tunings on such proceeds. Fans for public adjustm, or other third parties. trtalned by Borrower Shall not be paid aut of the insurance proceeds and " be the sole obligation of Borrower. If the restoration or repair is nor econoMtdly feasible or Lender's security would be leaaened, the inmtrance pads shall be applied to the stems secured by" Security instrument. whether or n x thin PENNSYLVANLt.- SUw1c Farrar-tannic M- UNIFORM (NSTRUMEKr Pare 3091101 o- srmws rec. mnar -13a Pa¢c 6 of 1S aoari7M* 217 erl r1LW %"4 due, with the excess, if stay. paid to Borrower. Such kmu = proceeds shah be applied lo the order provided for in Section 2. If Borrower abandons the Prvpcgy. Lender pray file, negotiate and settle any available iasrhtanec claim and rdwed matters. If Borrower does ant • respond within 30 days to a notice from Louder that the insurance cattier has offered to scale a claim. then Lender may negotiate and scale the ctaitn. The 304ay period will begin when the notice is given. In tinter emaL or If Lender acquires the Property under Section 22 or otherwise. Borrower hereby assips to Lender (a) Boaowee. rights to say insurance proceeds in an amount not to excoDd the amounts unpaid under the Note or this Security Instrumcat. and (b) any other of Borrower's tights (other than the right to any. refund of une'amed premiums paid by Borrower) uodcr all insurmce politer covering the Propetry. insofar as such rigbo are applicable to the covcrup of the Property. Lender may use thrc insurance prvcceds either to repair or restore the Property or to pay anwunts unpaid tinder the Note or this Security lustrurne at, whema or not then due. 6. Occupancy. Borrower shalt occupy, establish. and use the Property as Borrower's principal residence within 60 days alder the execution of this Security laurumm and shalt continue to occr,py the Property as Borrower's principal resideaa for at Icast one year after the due of occupancy, unless Leader otherwise agrees in writing. which consent shad not be unreasonably withheld, or unless catenating circumstances exist which are beyond Borrower's coatrol. 7. Ptaxrvadon. Maintenance: sad protection of the Property; inspadnas. Borrower ahall nut destroy, damage or impair the Property. *How the Property to deteriorate, or commit waste on the Property. Wbe ber or not Borrower is raiding in the Property. Borrows sball maintain the Property in order to prevent the Property from deteriorating or deaca4ag in value duc to Its eoodition. Unless it is detenmiaed pursuant to Section S that repair or restoration is not economically feasible. Borrower shall Prosy repair the Property if damaged to avoid furthrr deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to. or the taping of. the Property. Borrower shall be tetpoatible for repairing or restoring rite Prope ny oady if leader has rde s proceed; for suds purposes. Leader may disburse pmrrads for the repairs and restoration in a single payment or in a series of progress pay=t2 as the work is completed. If the Inscuatre or condemnation proceeds are not sufficient to repair or restore the Property. Borrower is not p;11cvcd of Borrower's obligation for the completion of such repair or "Oration. Lender or Its agent may -aloe reasonable entries upon and inVactions of the Property. If it has re sable cause. Lender -ay inspect the interior of the 'sr>pewitaoests an the Property. Leader ahalt give Borroava seder at the time of or prior to such an inferior t-pection specifying such ruble can=. 1L Bauvwcez Loan Applicatieo. Borrower shall he in ddaulc if. du dos the Loan application pmtxss. Borrower or nay pastas or cadda acting at the direction of Borrower or with Botro"es knowledge or was= gave wate ially false, misleading, or iaw=dc information or stataaoats to Linder (or failed to provide Lender with material hafortnuion) in conneoaon with the Loan. Material ropes cocludc, but arc not limited to. m7resca4vions concerning Borrower's occupancy of the Pmpety as Batrowees principal residence. 9. Prtteciia4 of Leaders Yntepest tat the Property and R%b a Under this Security InsnamcuL if (a) Borrower bits to pexfwm the covenants and agrecamts contained in this Security tastrt.-t, (b) tbere is a legal proceeding that might significantly affect Leavder's intertst in the property and/or rights under this Security Instrument (stab as a proooodiag in bankruptcy. probate. for condemnation or forfeiture, for atforresrrmr of a lien which may attain priority over this Security lnsuumont or to enforce laws or runs). or (e) Borrower has abandoned the Property, then I.cader may do and pay for wb.'uevex is reasonable or appropriate to prowA Leaders !attest in the Property and rights under this Security PEN26YLVANIA-51nalc FanOy-Fannic NUmnN ddlc Mw UNIFORM INSM)MEW Form 303Y 1/01 o..... s,on., bd. P= "a-Do Paec 7 of lS 80011702mcE 218 rr..t PAVM.WM fastrun». including protecting anwor assessing the value of the Property. sad securing and/or repairing the Propcr y. Lender's actions can include, but arc not limited to, (a) paying any sum warred by a lira which ass priority over this Soatrity Imtrturtm: (b) appearing in court; and (c) paying reasonable uttoracys' tees to pmect its inuaesr is the Property awdfor rights tinder this Security Instrument, inctudiog its secured position in a bankmptcy proceeding. Socurinj the Property includes. but is not litoiad to, coocr erg the Property to snake repairs. duuago locks. replace or board up doors and wbdows, drain water from pkws, chwinae bulldiag or other code violations or dangerous conditions, and bave umpires ev nW on or aM Afthoagh [gender tray take acmes under this Section 9. Latdat does not have to do so and is nat undo any duly or obligation to do so. It is Wood that I acct Incurs no liability for not taking any cur alt actions a udwri o d wxkr this Section 9. Any amounts disbursed by Lander under this Section 9 shall be cam additional debt-of Sorrowe secured by this Security butmment. These amounts shall bear interest at the Note rate from the date of disbunrtnmt and shall be payable. with such interest. upon notice from Linder to Borrower requesting paymcat- U this Soc city Insannneat is on a leasehold, Borrower wall comply with all the pravisioes of the lease. If Borrower acquires fee title to the property, the leasehold and the fee title shall not merge urdeu Lender agrees to the merger In writing. 10. Montage hnurance. if Leader required Mortgage Insurance as a condition of mating the Loan. Gorr owar shall pay the ptcmitues requited to maintain the Mortgage Insurance in effect. If, for any reason. the Mortgage Insurance coverage required by tender teases to be available from the mongage usurer that previously provided such in raoce and Bormwa was ra cured to nuke arpmatrly designsted payments toward the praaiums for Mortgage Insurance, Borrower shall pay the pttmniums requited to obtain coverage substantially cquivatent to the Mortgage Insurancz previously in effect, at a tort subsatutiatiy equivalent to the cost to Borrower of the Mortgage Lawri*+M previously in effect, fmm an alternate roottgage inwra sckcxod by Leader. If substantially Optivaleut Mortgage Insurance coverage is riot available, Borrower shall continue to pay to Leader the: amount of the separately designated psymcats that were due when the instua icc c oveMe cased to be in efftxt. Larder will atxept, use and rutaitt thefe payments as a inn tYfuadabit: loss reserve in lieu of Mortgage Inarance. Such loss msave shall be non-rehazdable. notwithstanding ft fan thu the Loan is uldnntdy paid is full, and Larder shall am be nequwr d to pay Sort+ower any interest or eamings on such loss reserve. Leader cam no longer require loss axeme paylanma if 1Meutgngo Imsacaace oovaggc (in the arnount and far the period that Linder rnquires) provided by an lamer aelacted by Leadex again becoams available, is obtainad, and Lender requires separately dads anted paymmts t0word the premiums for Mortgages Insurance. If Leader required Mortgage Insurancc as a atodidan of malomg the Loan and Borrower was ngpirod to matte rq ately deli used paymcats toward the petwiunmt fqr Mortgage Laurance. Borrower shall pay the prsauuurs requited to maintain Mortgage Insurance in effect. or to pvvide a ton-refundable late reserve, until Eaxter's requirement for hforrpgc knos nee cn& in scoordaasce with any written agreecueat bexwew Borrower and Laaada providuhg for with termination or anti oarrolaation is xgWted by Applkable Law. Nothing in this Section it) affects Borrower's oMlption to pay interest at the rate providad in the Note, Mortgage Insurance trimbutaar Lender (or any entity that pure haues the Note) for c autu losses it may incur if Borrower does tat apay the Loan its Mced. Borrower is not a parry to the Mortgage Inatraace. Mortgage usurers evaluate their total ri* on all such hint aom to force from time tv dmc. and rimy eater into agrees tits with other perch that share or modify their risk, or reduce tosses. These agtrements arc an terms and conditions that are satishcrory to the nmgap Imurer and the other party P rivwNhw-6artae rmry-Paaoic ittarJFroodk arse UNIPOttM Wn-tMW&-rr norm 3039 1101 ar.". ra..M.. tR, ctle iw.uet 1"aac 8 or 13 DQLOM24?;t 21M •AJOMYTO (or patties) to these agreements. Thew agreerncm may requite the mortgagc iasarer to make payments urin$ any source of funds that the umigage briure;r may have available (which may include funds obtained from Mortgage lnwrmcr premiums). As a rtsult of these agreements. Leader. Joy purchaser of the Note. aDOd= insuta, any reiasarcr. any other entity, or any affiliate of any of the foregoing, may rcccive (directly or indirectly) amounts that derive from (or might be ebam=crimd as) a portion of Borrower's payments for Mortgage lnarrance. in exdbwage for sharing or modifying the mortgage it>srrrer s risk. or reducing losses. If such agracnicnt provides that an affiliate of Leader tapes a share or the imurees risk is aulange for a share of the premiums paid to the insurer. the arrttirement is often terawd 'captive reiasunace." Farther. (a) Any salt Wioeaa>eots wiRmt off= dw zitooots drat Boatiys w Las agreed to pay for Morgans It union e. or any odrer 2-- of the Imo. Sub agra+rmmts wM trot I=r=e die amount Boarrwer will owns gDr Mortgage Inmmaoae and daey wi71 not entitle Bonow?er to nay rie iand. (b) Any such apewoents wM not sfkvt tine 6&b Bonowcr has - if 2my - with nspeat to tax Mortgage Iasatanoc mrde the Filbonow um PlUae don Act of 1996 or any od= law. Tbese sighs may indade the right to raadvc outdo disdoaamae, to resgoesrt and obtain emugdlatiaw of the Mortgage Insuraoc+e. to have the Mortgage Inasaaraaoe knuiaata! automatically, and/or to receive: a setand of soy Mortgage lamance premiums that were anconed at the time of atcb earacemKion or termiawon. I1. Assignment of MieodL'moota Pmaocrls; Forfa3mar. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender, If the property is damaged. such Miscellaneoets Proceeds shalt be applied to restoration or repair of the Property. if the restoration or repair is economically feasible and Lewcr's security is not lessened. During such repair and resieraion period. [under shall have ibe right to bold such Miscellaneous Proceeds until Leader has had an oppominiry to inspect such Property to cusuue; the work has been completed to Leader's suisfaction. provided that such inspection shad be undertaken promptly. Leader may pay for the repairs and restomdon In a single disbursement or in a series of progress paymeau as the work is completed. Unless an apeemcat is trade in writing or Applicable Law requites interest to be paid on such Miscell-cotiq Proceeds, Laxler sball not be required to pry Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not eeaoomicanly fmsibie or Under's security would be lessened. the Msscellmiaosu proceeds shall be applied to the sums sawed by this Security Instrtamcm. whether or not then doe. with the exerts. if any. paid to Borrower. Such Miscellaneous proceeds shall be applied in the order provided for In Section 2, III the eve m of a total tatting, destruction. or hest in value of the Property, the MisaWotoous Proceeds shall be applied to the am secured by this Security Instrument, whether or not them dux. with the ezow. if any, paid to Aotmwer. In the event of a partial taking. destrucdoa. or low is valuo of the Prnpetty in which the fair n adoct value of the Property itcmediately before the partial raining, destruction. or lea=s in value is equal to or greater than, the amount of die ssum soeumd by this Sewrity Insa ment imnodistely bedbre the partial taking. destruction. or loss in value. unless Bonv*w wad I eerier c6aw,ise AV= In writing, the rums secured by this Security Instrumcm snail be reduced by the amount of the Misoetlaaeous Proceeds multiplied by the Wowing hwjk n: (a) the total maouat of the tunas sectuad immediately before the partial taldnS, daaruetion, or lass in value divided by (b) the fair market value of the Property irmnediate:ly before the partial taking. destrucdon. or loss in value. Any balsnoe aball be paid to Borrower. IA do event of a partial taking. destruction. or least in value of the Pmvpoly In which the fair market value of the Property lonnediately before the p"al taking, destruction, or loss In value is less: than die amount of the sums srxurcd irnmodiaWy before the partial Wring. destruction. or toss In value, unless P FUTUARLA-stark r'. M -P-Gie A'eadFttm Mac uRir -Im- wzAicume wr Form 3039,Ar o--$ a,.e. m: pan 60.130 Pale 2 of 15 fteN1702PACE- 220 4?? Borrower and Lender athe wise agree in writing, the Miscellaneous Proccws shall be applied to the sums inured by this Scatrlty Instrument whether or not the Sams are then due. If the Property is sbandoaed by Borrower. or if. after notice by Lender to Borrowu that the Opposing Patty (as defined in the text sentence) offers to make an award w settle a claim for daraagcs, Borrower fails to respond to header within 30 days after the date the notice is given. I,eoda is authorized to collect and apply the MiscdLwoous Proceeds either to restoration or repair of the Property or to the suan secured by this Security Instrument, whether or not than due. 'Opposing Patty' r neaal the third party that owes Borrower Misodlaaeous Proceeds or the patty against whom Borrower has a tight of action in regard to Miscellanmus Proceeds. Borrower shall be In default if any nation or promediug, whether civil or criminal. is begtnl that. in Leader's judgment, could result in forfrdtmre of the Property or other material iso arirauat of Leader's intrust in the Property or rights made 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 ptooooding to be disW with a ruling that, in Unde is judgment, predudes forfdttim of the Property or otbrr material impairtom of Leader's interest in the Property or rights tinder this Security lunrumcaL The proceeds of any award of claim for damages that art: attributabic to the impairtxnt of Leader's interest in the Property are hereby assigned and shall be paid to Leader. 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 Rdeased: Focbenrazmx By Lender Not a Waiver. Extcasion of the time for payment or modification of amortization of the suers secured by this Security Instrument granted by Larder to Borrower- or any Successor in late= of Borrower shall not opcmtc w release the liability of Borrower or any Successors in Interest of Borrower. Leer shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instraneat by reason of any desuand senor by the original Borrower or any Successors in !aurae of Borrower. Any forbenrance by Lewder in atercising any right or remedy including, without limitation. Leader's acceptance of payments from third persons, eatitia or Successors in Interest of Borrower or in amo» lnts less than the amount char d=. shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Sevcrd LMM7ity; C10-61gow: Saammtool and Amps Bormd. Borrower covemaats and agars that Boa+owar's obiigtaiotts and liability shall be joint and several. However, any Borrower who co- signs this Security I irwaim but Boca not csocwe the Note (a -co-signer'): (a) is co..signiag this Security instrument only to mortgage, grant sad convey the w-signer's ituered in the property undts the terms of this Security Imtr umenc; (b) is not petsoulally obligated to pay the sums secured by this Security last umtat; and (c) agn= that [.,adder and any other Borrower can agree to extend. modify, forbear or make any accommodations with regard to the terns; of this Security Instrument or the Note -A ithaut the co-signer's eotnent. Subject to the ptovislotn of Sa lion 18. any Suot:rssor in Interest of Borrower who assumes Borrower's obligations under this Security Insanment in writing. and is approved by Leader. sium obtain all of Borrower's rights and benedits under this Scauiry Insttrument. Borrower shalt not be relcased from Borrower's oblipb= and liability wider this Security In tnimcm anfoss header agrees to ouch release in writing. 'Ibe covenants and agazuients of this Security Instrument shall bind (except as provided In Section 20) and bcodt the snorxssors and asslgat of Leader. 14. Low C bnm. Lander may charge Borrower fees for services perfonncd in connection with Borrower's default. for the purpose of protecting Lender's interest in the Property and rights undo this isENNSYLVArr1A-Mingle family-Poole dladAroddK Mac U" r'OKIN U%3IKU"rNT ream 7039 IMI o.oew. a'.'°"'' W. M% UP-130 N& loaf is BOuki702f1CE OV&SA tear FAVO NTO 5ewti1y faun==. including. but not limited to. attorneys' fern. property iospcction and valuation fees. In regard to any other fem. tlu absence of atpras sutbodty in this Security Instrument b charge a specific fee to Borrower shall not be construed as a prohibition on the Chuging of such fa. Lender way not ebtrbc fed that are aacpressly pmht3iled by this Soaurity bnuumrut or by Applicable Law. If die Lam is subject to a law whkh sets rauimum loan charges, and thsr law is scat N iMapretcd so tbat the intrust or other ban charges collected or to be CDUccted lO connection with the Loan eitooed the permitted limits. then: (a) any such loan charge dad be reduced by the at xx= necessary to reduce the ;huge to the permitted limit: and (b) any sums alroady collected from Borrower which exceeded pernotied lianits will be refunded to Borrower. Ltoda tnny dhowe to take Ibis refund by reducing the principal owed under the Note or by noking a direct payment to Borrower. If a refund reduce; principal, the reduction will be treated as a p2Wal preptgracut without any prepayment dmp (whether or not a prepaymm charge is provided for ands the Noce). Borrower's acceptance of any siuM refund made by direct pay== to Borrower will constitute a waiver of any right of action Borrower might have arising out of stub overcharge. IS. Notices. All cot; ees given by Bouower or Larder in connection with this Seatdty Instrument must be in writing. Any notice to Borrower in connection with this Security hntn==t shall be deemed to have bow given to Bormwcr what mallod by fuat class mail or when actually delivered to Borrower's notice adds= if sent by other meaai. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otLuwisc. The notice a kt= shall be the Property Address unless Borrower bas designated a substitute notice xddress by notice to Lender. Borrower shall prompdy notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address.- then Bonower shall only mport a change of address through that specified procedure. There may be only one designated notice address under this Security lastrwneot at any one time. Any notice to Leader shat! be given by delivering it or byre Ting it by first class trail to Under's address stated herein unless Lender has designated another adds= by coda to Borrower. Any notice in oomteaion with Ibis Security baeaumaat shall not W deemed to have bma given to Under until actually received by Lender. If any notice required by this Security Iwtrument is also regrind under Applicable Law, the Applicable Law n xpdre m nt will satisfy the coacgwolding requirement under this Scxathy Initnw=. 16. Govanbs liw; Smeraba'tar. Rules of Cnasuuctim Tba seculnty Iastruluat shall be governed by fe:laW law and the law of ft jurisdicttoa is which the: Property is located. All rights and obti ens contained in thk Seaa3ry hastrumwt acs subject to any requirctnents and Iimitadom of Applicable Law. Applicable Law =4* explicitly or impliddy allow the parties to agree by oon:raa at it might be silent but such aitanoe " ant be constmed as a prohibition against agmealm by oontraL In the event that any provision at starers of this Seauiry Inshmnac ut or the Note conflicts with Applicable Law. such too ict shall not affect otba provisions of this Security Lostmmau or the Now which rasa be given effect without the conflidiat provision. As used in this Semiky Imulmamt: (a) words of the masculine gender shall wean and include eortespondWS neuter words or worth of the fcmiaine gender. (b) words is tlu singular shat! :notes and include the plural and vice vem; gad (c) the word -may" gives note discretion without any obligation to take any action. 17. Barrvwac's Cbpy. Borrower shall be aiveu one co" of the Note and of this Security Instrument. 18. Transfer of the PwpcrW or 2 Bcae6tial bacnm in Bummer. As used in this Section is. 'Interest in the Property' means any Igal or benefieW interest in the Property, including, but not limited PENNSYLV -5ftle Gmny-Panne afaeJ WQ lc Mae UtY>F•ORM INSTRUMENT Fmo 3039 Iql ta.one. xr. . W- OM 6MUU Pat; t t of 13 HOOK17MMM 22!2 1?? to, those bettefheial interests transferred in a bond for deal, contract for deed. instailmeat sales contract or esavw agrVCM nt. the intent of which is the teamster of title by Borrower at a future date to a purchase. If 211 or any part of the Property or my barest in the Property is sold or transferred (or if Borrower is not a neural person and a brshe('teial interest in Borrovrtr is Sold or U=Xfcaed) Without L.mder's prior • written consent, I-,' =y require immediate payment In full of 211 sums secured by this Security Instrument. However. this option shall not be exercised by Leader if such exercise is prvbibited by Applicable Law. If Lander cxcreises this option. Lander shaU give Borrower notice of accelmuom 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 mast pay all sums sowrod by this Security Instrument. If Borrower fails to pay these suns prior to the expiration of this period. Leader may imvolce any rerrtcdics permitted by this Seatticy Instrument without further notice or demand on Bonvwe. 19. Bocttowar's Right to Reinstate Alter Aemdatatioa. If Borrower, tracts coon conditions, Borrower shall have the right to have caforament of this Severity Instrun-at discontinued at any time prior to the earliest of (s) five days before sale of the Property passant In any power of sale contained in this Security lattrumcm. (b) such ocher period as Applicable Law might specify for the termination of Borrower's tight to reirutatc, or (c) entry of a judgment enforcing this Security fastrumene. Those conditions 2rc that Borrower: (a) pays Leader all =ms which then would be due under this Security Instrument and the Note as if no acceleration bad occurred; (b) aces any default of any other covenants or agmcni outs; (c) pays all expenses incuaed in cnforciag this Security Instrument, including, but not limited to, mmsonable attorneys' fees, prolcny inspection and walu4doo fees. and other foes insured for the purpose of protecting Leader's interest in the Property and rights under this Security lnstrarncnt•, and (d) takes such action as Leader may reasonably require to assure that Leader's interest in the Property and rights under this Security Imm neat, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Leader stay require that Borrower pay such minstatemaeat sums and exprases in one or more of the following fonns, as selected by Leader: (a) cash; (b) mood, order; (c) certified checlk, bank check, err mm's check or adiket djock. ptovidod any such check is drawn upon an institution whose deposits arc insured by a federal agency. instrtimenWity or artiry; or (d) Electronic Funds Traadd. Upon reinstata= by Sotrowc r this Security hotimuent and obligations secured hereby tihall remain fully effective as if no acceleration had occurred. Howcvcr. this right to reWtaw abaIl not apply lit the case of acceleration under Soctioa i8. 20. Sala of Noe ; Cbamje of Lam Savi=or Notice of GrieYmm The Note or a partial interest in the Note (together with this Security Instrumew) can be sold one or morn timd without prior notice to Borrower. A aalc ralon result in a c mqp In the eatlty (known as the "Loan Scrviccr) that coiiects Periodic Payments due under the Note and this Sew* Insaoment and perftnms otbrr rnortgagc loan servicing obligations ututar the Note. this Saauiry Instnuprnt, and Applicable Law. Then: abo tight be Dour or molt chagges of the Loan Servlw unrelated to a sale of the Note. If there is a change of the Loan Services Botaower will be given written notice of the cbsnge which will state the none and address of the new Loan Servicer, the address to whkb paymcecs should be tondo and any other information RESPA requires in connection with a notice of transfer of servicing. It the Notc is sold and thettellcr the Loan is sesvieed bye Loma Servicer outer than the purchaser of the Note, the mortgage loan servicing obligadous to Borrower will rrtuai s with the Loan Scrviecr or be translimW to a successor Loan Servic er and are not assumed by the Now purchaser unless other-i&c provided by the Note purser. 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 =dons puts= to this PENNSYLVANIA hwC Puohly-Fsnok Mat/Fre0k Mw UNIFORM INS"MUMBNT r ann 5034 Uer Port frame bc- a= cwuu P1ac 22 of 15 SOU14702fAlk ? 2?? P.VMtq..n-G Security Instrument or Utat alleges that the otbcr party has bresclted any provision of, or any duty owed by remon of, this Security Insaume P4 until aateh Bormwe r or Lcn&x has notified the other party (with such oodcc given in compliance with the require nett of Section 15) of such alleged breach and afforded the other parry bezeto a n=xmbie period after the giving of such notice to take con=dvc action. If Applicable Law provides a time period which Haut elapse bedore cartain =don can be talkm that time pcriod will be deemed to be re ssonabk for purposes of this padtpph, The notice of acceleration and opporamity to cure riven to Borrower pursuant to Section 22 and the noticc of acceleration given to Borrower pursuant to Section 38 shall be deemed to satisfy the notice and opportunity to take corroWyc action provhions of this Section 20. 21. Htmduea SAstanodh. As used in this Semion 21: (a) 'Hx=dotn Subatattoea' are those substances defaced as toxk or hazardous subsumes, pollutants, or wastes by Environmemal Law and the following a tsncm: gasoline, kovsene. other famaubk or twtk petroleum products, tohdc pesticides and hcrbicidex. volatile solvents. materials eontaiaing asbestos or fotsu atddtyde. and radiosctivc materials; (b) 'E viroame:nral IAA means keedsral laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection: (c) `Euvironmtendd Cleanup' includes any regmw action. remedied action, or removal a:tiato, as defined in finvinonnicutal taw; and (d) an 'Etvironn=tal Condition' mesas a condition that can cause, contribute to. or otherwise trigger an 13nviromucatal Cleanup. Borrower shall not cause or pe tuit the preseoce, use. disposal. storage. or release of any Hazudous Substances. or thre2ren to rdewe any Hazardous Subctanas, on or in the Property. Borrower chap not do. nor allow anyone else to do, aaytbiag affecting the Property (a) that is in violation of an Environmental Law. (b) which creates an. EavirvmncoW Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that Adversely affects the value of the Property. The preceding two sentences shall not apply to the presence. use. or storage on the property of srmall quantities of liaeudous Substanes that are gencally reongoized to be appropriatc to nortnal residential cues and to maip(mancc of the Property (including. but Dot limited to, hazardous substances in consumer products). Borrower shall promptly give fender written notice of (a) say lavaugation. claim. demand, kwmit or other wtion by 44 gowcmmcwal or M911111twY age, or private POy involving the Prop" and any Hazardous Substance or Environmental raw of which Bon r suer has actual kmowle:dge. (b) any Etvito mexttai Condition, including but not limited to, any spilling, leaking, discharge, ruse Or thtrat of rdeasc of arty Hazardous Substance. and (e) any tsmdition Msed by the pct mm use or release of a Harardoaa S101190M which adv=3dy affects the vahlc of the Property. If Borrower learns, or is notifsed by MY ioVcnmx= tl or regulatory autbocicy, or any private patty. that may removal or otber tenediatlon of my Hxmdcu+ Substance affecting the Pmpeny is neoeusry. Borrower sM prompdy take all necessary t,, , I a) actpems In soeordaace with FnvitoameoW Law. Nothing; back shall create any obligation on Lender for an ErAtontacatai Clcuup. NON-UNIFORM COVENANTS. Borrower and Lender ftttther coven= arid agree as follows: 22. Aeedas0oq Remedies. Lend er sW tmootice BoQOwer poor to aood=jda fo Boaoweir's bresrh of any covesaaot or in ddi Under Seriioo I8 aakse miry I?Onmaeat (but not prior to =decatian ?? Applietabk Law provides otbeswiae). T sball DW& Borrower of. amaeg other this (4) the dcfmat; (b) the aeaioa mqubod m cure flee ddaalC (c) whoa Ire dcfa-k aria be arced; and (d) dmr fail to Amer the defiait as gmdfiw aW resntt in aoxdie:-Aj of the arras taeatwM by this Socurity Insttumcat, foret-]name by jadicia! P^oceadmg and lade of the Property. ilndct shall fnrdk r P NSYLVMUA?Slgtae Aaadty-Yaame MLNPtodpet Pie U1gWUx d MbTRU8rt7?r1 ? 7039 r/0t bwmea res.`.. eK paw 94ur4 Pate 13 0( 15 llooll1702ittlm 224 nr.f COMMONWEALTH OF PENNSYLVANIA ) COUNTY OP CUMBERLAND )' J? ) Oa this the Ze day of r Zad L . before me, VVV MAgL SZ• C" 1 ai the tmdersiaacd officer, PaS0111alIY appeared ANTHONY J. REED, ROSE M. REED known to tae (or suit =Drily proven) to be the pema(s) whose wtale(a) rotate subscribed to the within laxrtlmmt and adcnowledgod that heishelthey exoulted the same for the ptuposm tbercin coataiocd In witness wh rcof. I hereuala set my hand and ofrjc _ Sigtlaturc t: •. ; , ; Nohn:r! Sort :i • Mark A. Campiv Mol:?ry Pubbc ? ?. Budor. q?p? County -- My Cammrss+on EaWreS 4up. 13.2001 Tide of Officer :?; `.. ;/? t,1ea?irer o•,nr15yM?txa As?doa W ttotira>3 (Notety's Stamp and Embosser) My comminioa expires: S hme.101 FENNSYLVAMA-Sta& P2mdj -Parrok XbWftddk Mx UNIFORM tNS77ttrMHNT Font 3039 1/01 mamom SWAM hc. Va 6mou rate 0 of 13 VOW1702act 226 SC8ffiDQLI ^A' ALE. TBAT 'CER=UN Tf.?= OF LAND SrTU?LTSD Ill TIM VnJAWS OP NALWT MoTIOII Ili TKR 1'Dw"MP OF awm VENTOO, COONT'Y OF CmazaLAw, mm STATE or.. PZWN YLVA=h. DOMMM An DESCRISO AS lOLLONO i =GIRD mw AT A roam IN 7= Cow= Or I?Xow YS.vm= STATE HIGMY ADa•11+ Mo. 33 >0 AS THE flAL W 20rr=M ROAD, AT CM MR OF LANDS NON OR POR!'t ny or Potulzo f. KBITBR. TMZ= BY SAID XXIM IAND: SOM 61-1/2 1) 93 NEST 27.2 MCASS 669 M= TO rAM NOW OR IORMULY OF pazetON SABERl "== by Law Sm ORSp'ammy or nut it. COCR,BY, ET VX. ISMTtt 66.1/2 9asI3R1M NA= 7a PM TO A PV=T# TAN= BY OTHER rAXO NOW-OR VOR1alMY OF PIM E. CO MMM, ST OY, WOM 41-1/2 090PJ s si r 662 MIST TO i9(6 "I'l I 1 OF =2 ArORZMM HZO9MYe THENCE Eri T= CiO12F.R 01' S= HI0/tNAY, 60018 16-3/6 DmiUS 14=T 65-1/2 FM ?Cy = P1.ACL OF B19GGI w%M. ' TM ZA8T a LINE Lm MST Or Dim-my no pm w TNR N88i' m aDOS OF snsx LR .:srr l m ON Tn ltow LYI1lC bOMIAMY TD THR Cm OT TM LAND HMM CONVE ED. BEINff PAV= 190. 41-31-2130-969 ADOX1702ract = PREPAYMENT RIDER Loan No.: PA01040302M Late APXn 25, 2001 Bott^oaar(s} A>+7+1'St]l= J. RZZ , ROBh! N. XXjW FoR VALVE REcmvED. the ttmdadved (iwrrowce) agree(s) that the u&w,*g provisions sMu be iucorporoted Into and shag be deem o0 to amend and supplement the Mortgage. Deed of 'B'unt or Security Deed of even daft heratvith (the Seearb y Latrwaatt7 est:eared by Borrowa. as trustor or mortgagor, In hear of OrF1UtAX-xxjw 20ax 1KO"QXGX COMPAW, =C. , ]l XZw ZO>RZ COIR Oft TrON ('Leader'). as boRCSdary or mortgogoq and alw into that certain ptttmbsory note of even date herewith (the "Note") emmutcd by Borrower in favor of Leader. To the aatut that the provisions of this Prepayment Rider (the 'Rider) ate Incous bat with the provision of tic Socarky the NOW the provisions of this Mier strait Prevail over and sWU Instrument scent supersede any stab iamnsisteat provlsloas of the Security instrument and/or the Note. Section 4 of the Note is amended to read in its entirety as follows: 4 - BORROWERS RJEO T TO PREPAY: M0?AYK Mf MARGE i have the right to m=ke payments of principal at say time before they arc due. A payment of principal only is known a3 a `prepayment,, Whets I male a prepayment, I win tell the Notc Holder is writing that I arc doing sa Ibe Note Holder wM use all of my pr+cpaymects to reduce the amount of principal that l owe under this Note. U I make a partial prepayment, them WM be uo changcs is the due dates of my monthly paymenu unless the Now Holder agrees in writing to those Changes. Uwithin THIRTY 872 ( 35 ) months from the date of examaoa of the Security Iastrahaent I mske a AW or partial prttpayxmnt(s). I will pay s prepayment dwSe in as amount equal to a percentage of the ptindpal so prepaid is sceDrdance with the following schedule: If paid during the fast year from date hereof. T =Z ptxmat (3.000 %) of the portion of such prepament "unt w the pdacgw amount so prepaid. If paid daring the second year from date hereof. THRBR peaoeat (3.000%) of the portion of such prCpsytaent equal to the principal amount so prepaid. If paid during the third year from date he m4 22MM pesocut (3.000%) Of the portion of such prepayaent equal to the pddpah amount so prepaid. U paid daring the fourth year from date hamf. w/a peracot (N/A of the portion or such prepaytaeat equal to the principal amount so prepaid. If paid during the flint year front the date hereof N/A peNreat PT/A %) PREPAYbOWT R ELR V"I"` *kvL bK PM 4*UC page 1 o[2 ff"170204K 228 s,w.Fu*.m of the portion of smtr prepaMcnt cquW to the prlndpat amount to preWd. IN WrRvE,S.S WHEREOF. Bomoaoer has cxcwted the RMa on the day of Dale Bo Dace ASMOR? a, IMED Rosa it. aaan Borrawoc Date Borrower Date 99groer Date r Dace I Certify this to be recorded In Cumberland County PA Recordcr of Deeds F?W7 ov--sj •- cp" 6-M rage 2 O( 2 ffwj[702Aiw 229 smjtr*-w VERIFICATION Ked P. Claeys, 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. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: ` IQ' UP BY: , , /"? - K ri P. aeys, Esquire Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 (`j T ? Cr _- 7 e G_ 'a ; PHELAN HALLINAN & SCHMIEG, LLP BY: Keri P. Claeys, Esquire Identification No.: 91298 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Truman Capital Mortgage Loan Trust 2004-1 Plaintiff vs. Anthony J. Reed Rose M. Reed A/K/A Rose M. Load Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-1276 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Reply to Defendants' New Matter was sent via first class mail to the person listed below on the date indicated: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Date: P. Claeys, Esquire Attorney for Plaintiff C? "' C r r-! ?r -ry 71 N --4 -< L PHE] By: I Ideni One 1617 Suite HALLINAN & SCHMIEG, LLP I P. CLAEYS, ESQUIRE lion No. 91298 i Center at Suburban Station F. Kennedy Boulevard Phila elphia, PA 19103-1814 Attorney for Plaintiff 63-7111111 Trum in Capital Mortgage Loan Trust 2004-1 : Court of Common Pleas 500E terprise Road, Suite 150 Horsham, PA 19044-0969 : Civil Division Plaintiff VS. : Cumberland County Antho y J. Reed No. 06-1276 Rose M. Reed A/K/ Rose M. Lord 117East Main Street Walnut Bottom, PA 17266 Defendants I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief n Support thereof, Praecipe for Argument, Order, Certification of Service, and Attached were sent via first class mail to the persons on the date listed below: Frank E. Yourick, Jr., Esquire P.O. ox 644 Murra sville, PA 15668 Date: eri P. laeys, Esquire Attorney for Plaintiff IV r PRAF( TPF FOR IJSTYNG CASF. FOR ARGIJMFNT (Must be typewritten and submitted in duplicate) TO Please list the within matter for the next Argument Court. 500 PROTHONOTARY OF CUMBERLAND COUNTY: i Capital Mortgage Loan Trust 2004-1 terprise Road, Suite 150 m, PA 19044-0969 Plaintiff VS. Antho y J. Reed Rose . Reed 117 Rose M. Lord &t Main Street Bottom, PA 17266 Defendants Court of Common Pleas Civil Division Cumberland County No. 06-1276 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Robert Lieberman, Esquire Address: 500 North 3`d Street, 12'h Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (b) for defendant: Frank E. Yourick, Jr., Esquire Address: P.O. Box 644 Murrysville, PA 15668 3. 4. Date: I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: n orney for Plai iff ty ?> ? sue, ? _ c._- _?C -r., ?? t? ??-- t?a c:, , --- ,_ ' - !' s.=, <.-, -:? -- ;?.? PHE AN HALLINAN & SCHMIEG, LLP RI P. CLAEYS, ESQUIRE By. Identi ication No. 91298 One no Center at Suburban Station 1617 ohn F. Kennedy Boulevard Suite 400 Phila elphia, PA 19103-1814 Attorney for Plaintiff - 61-7000 Trum n Capital Mortgage Loan Trust 2004-1 : Court of Common Pleas 500E terprise Road, Suite 150 Horsh m, PA 19044-0969 : Civil Division Plaintiff vs. : Cumberland County Antho y J. Reed No. 06-1276 Rose . Reed A/K/A Rose M. Lord 117 E st Main Street Wain Bottom, PA 17266 Defendants MOTION FOR SUMMARY.IUDGMF.NT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its fav 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. Defendants, Anthony J. Reed and Rose M. Reed AIK(A Rose M. Lord, have filed an Answe to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is furthir addressed in Plaintiffs attached Brief. 4. In their Answer, Defendants generally deny paragraphs five and six of the Complaint, which ewer the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Foreclosure Complaint, Defendants' Answer and New Matter, and Plaintiff s Reply to New Matter are atta4hed hereto, incorporated herein by reference, and marked as Exhibits C, D, and E, respectively. Defendants have failed to sustain their burden of presenting facts, which contradict the of Plaintiffs Complaint. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A true and copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Moritgage Book No. 1702, Page 212, is attached hereto, made part hereof, and marked Exhibit A. A true and co4ect copy of the Note is also attached hereto, made part hereof, and marked Exhibit Al. By Assignment of Mortgage recorded Febraury 3, 2003, the Mortgage was assigned to PCFS ?inancial Services, Incorporated, which Assignment is recorded in Assignment of Mortgage Book No. 694, Page 161. A true and correct copy of the Assignment to PCFS Financial Services, Incorporated is hereto, incorporated herein by reference, and marked as Exhibit A2. 8. The Mortgage has been assigned to Plaintiff and has been sent for recording. A true and of the Assignment to Plaintiff is attached hereto, made part hereof, and marked as Exhibit A3. 9. The Mortgage is due for the October 28, 2005 payment, a period in excess of eight (8) An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein ?y reference, and marked as Exhibit B. 10. The notice provisions of Act 6 of 1974 do not apply to this action because the original amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, sent Defendants a letter notifying them of their default and of Plaintiffs intent to foreclose. True and correct copies of the letters are attached hereto, made part hereof, and marked Exhibit F. 11. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Act 91 of 1983, has terminated because Defendants have failed to meet with an authorized credit- agency in accordance with Plaintiffs written notice to Defendants. True and correct copies of the Notice of Homeowner's Emergency Mortgage Assistance Program are attached hereto, made part hereof, and masked Exhibit F. 12. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its action, executing on its anticipated judgment, listing the property for Sheriffs Sale, and ensuring the con4eyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief Defendants have the right to reinstate and / or payoff the loan up until one hour before a Date: Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged T Ily su ed, & SCHMIEG, LLP ri P, aeys, Esquire Attorney for Plaintiff PHEI By: I Went One 1617. Suite IIALLINAN & SCHMIEG, LLP [ P. CLAEYS, ESQUIRE ition No. 91298 t Center at Suburban Station i F. Kennedy Boulevard PA 19103-1814 Truman Capital Mortgage Loan Trust 2004-1 500 En erprise Road, Suite 150 Horsh m, PA 19044-0969 Plaintiff Antho J. Reed Rose . Reed A/K/A ose M. Lord 117 Ea t Main Street Walnu Bottom, PA 17266 Defendants Attorney for Plaintiff Court of Common Pleas : Civil Division : Cumberland County : No. 06-1276 PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMFNT 1. April 25, 2001 Defendants, Anthony J. Reed and Rose M. Reed A/K/A Rose M. Lord, executed a Promissory Note in favor of Plaintiffs predecessor in interest, Guaranteed Home Mortgage Company, Inc., in tl?e principal sum of $91,800.00, this sum being payable in equal, consecutive, monthly installments of principal and interest of approximately $961.97. On the same date, Defendants made, executed and a Mortgage on the property at 117 East Main Street, Walnut Bottom, PA 17266 (hereinafter the as collateral for the Promissory Note. The Mortgage has been assigned to Plaintiff, as is in Plaintiffs attached Motion. defaulted under the Mortgage and Note by failing to make payments due October 28, 2005 andl each month thereafter. By the express terms of the Mortgage, upon default in such payments for a period of one month, the entire debt is immediately collectible. January 18, 2006, due to Defendants' default, Plaintiff mailed Defendants notice of its intention to foreclose on the Mortgage by mail to Defendants at their last known address. Defendants, however, r failed cure the default. True and correct copies of the notices are attached hereto, incorporated herein by and marked as Exhibit F. Because Defendants failed to take the necessary affirmative steps to cure the delinquency, Plaintiff was lef: with no alternative but to foreclose in order to recover its unjust financial losses. Accordingly, the presentlaction was filed on March 7, 2006. To date, Defendants have not brought the account current 11. PLAINTYFF IS F.NTTTT.E.D TO STTMMARY.ITTDGMFNT AS A MATTER OF TAW Summary judgment is a means to "eliminate the waste of time and resources of both litigants and the cou s in cases where a trial would be a useless formality." Liles v Balmer, 389 Pa.Super. 451, 567 A.2d 6 1 (1989); First v. 7em 7.em Temple, 454 Pa.Super. 548, 551, 686 A.2d 18, 20 (1996). A Motion for 413 Pa.Super. 410, 411, 605 A.2d 424 (1992); Remsel y New Blvd Raking Co inc., 1029(b) of the Pennsylvania Rules of Civil Procedure specifically provides: Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivision (c) and (e) of this rule, shall have the effect of an admission. 410 Pa.?uper. 591, 593, 600 A.2d 610 (1991). fact. Judgment shall be granted if the documents of record show there is no genuine issue as to any fact and that the moving party is entitled to judgment as a matter of law. Pa.R.C.P. 1035.2(1); moving party bears the burden of demonstrating clearly that there is no genuine issue of triable 370 Pa.Super. 295, 536 A.2d 412 (1988); affirmed, 525 Pa. 205, 579 A.2d 863 (1990); AI1Pn 413 Pa.Super. at 411; Bused, 410 Pa.Super. at 594; Hdwer v Whitmark Acson , 371 Pa.Super. 443, 381 A.2d 524 (1988); Romah v Hygienin Sanitation Cm, 701 A.2d 841, 848 (Pa.Super. 1997). In response, the nonmoving party may not rest upon the but must set forth specific facts demonstrating a genuine issue for trial. Phaff v. C,erner, 451 Pa. 146, 3031 A.2d 826 (1973); Dnjai v Dennis, 431 Pa.Super. 366, 370, 636 A.2d 1130, 1132. It is welll settled that a general denial is unacceptable and deemed an admission where it is clear that the has adequate knowledge and that the means of information are within the control of the F.lin v. CNszewski, 368 Pa. 578, 84 A.2d 188 (1951). Cer one v Cercone, 254 Pa. Super. 381, 386 A.$d 1 (1978); City of Philadelphia v_ Hertler, 114 Pa. Cmwlth. 475, 482, 539 A.2d 468, 472 (1988). 2d § 1029(c)(1), p. 280. A general denial effectively manifests an admission to the facts in the complaint. Swift v Milner, 371 Pa. Super. 302, 308, 538 A.2d 28, 31 (1988); Michner v_ 671 A.2d 285,288 (Pa. Cmwlth. 1996). One purpose in a specific denial is to enable the parties to focus upon the disputed facts and to assist the Court in definf ng the issues for trial. Rngley, Harting & Reese v_ Stuart, 11 D&C 3d 303, 310 (Chester Co. 1979). that, in the Answer, Defendants have effectively admitted every allegation of the Although Defendants purport to deny paragraphs five and six of the Complaint, which aver the default 4nd the amounts due on the Mortgage, respectively, Defendants' averments amount to nothing more than general denials and demand for proof. Defendants generally deny the amount due under the Mortgage without kcference to what they believe to be the correct amount due, or reference to any good reason to believe tat the amount sought is erroneous. Defendants know specifically what payments they made on the Mortgage. because Defendants are charged with having sufficient knowledge upon which to base a specific 4enial with respect to the averments contained in paragraphs five and six of the Complaint, a general genial is insufficient to raise a genuine issue of fact. Cercone.. v_ Cercone, supra; City-of supra. The Pennsylvania Superior Court has held that, in order to raise a genuine issue of 1 ct, defendants may not rest on the pleadings, but must sustain the burden of presenting facts to counter gIaintiffs averments. New York C:nardian Mortgage v Dietzel, 524 A.2d 951 (Pa. Super. 1987). 515 A.2d 980 (Pa. Super. 1986). A party will not be able to rely on 1029(c) and be excused from answering averments based on a lack of information where Ot party has sufficient information at its disposal to answer such allegations. Commw by Preate v 138 Pa. Commw. 56, 587 A.2d 357, 358 (1991). case. The Pennsylvania Superior Court recently reiterated this principle in another mortgage foreclosure Court held that the mortgagors' general denials in their answers to the Complaint must be admissions. First Wisconsin Trnst Co v Strnnsser, 439 Pa.Super. 192, 653 A.2d 688 (1995). The Court reasoned that the only persons with knowledge of the amount due, besides the mortgage supra. instant Base reveals that Defendants have failed to sustain their burden of presenting facts, which contradict at 61, 587 A.2d 357,360 (1991). A review of the pleadings as a whole in the the elements of Plaintiffs claim. Defendants' general denial of the amounts due and the default should be viewed 4s admissions by this Honorable Court. would be the mortgagors. Therefore, if defendant mortgagors do not plead specific facts in to the allegations in the Complaint regarding the default and the amount due, the defendants are to have admitted the allegations, and summary judgment for the mortgage company is proper. Eirst determining if an answer is a general denial, the Court must examine the pleadings as a whole. March 31, 2006, Defendants submitted an FDCPA request to Plaintiff s counsel. On May 1, 2006, Plaintiffs counsel responded to Defendants' request, providing all documentation and information III. 1141(a). (See Exhibit E) 'he within case is a mortgage foreclosure action, the sole purpose of which is to take the its' mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage re is strictly in rem and does not include any personal liability. Newtown Village Partnership v 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v , 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa*.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is only for bidding at the In Federal Land Rank of Raltimore v Fetner, the Superior Court held that an attorney fee of 10% of the original loan amount was not unconscionable. 410 A.2d 344 (Pa.Super. 1979). Recently, the Superior Court cited Femer in confirming that an attorney fee often percent included in the judgment in a mortgage action was reasonable. Citicorp v- Morrisville Hampton Realty, 662 A.2d 1120 (Pa.Super. 1995). Importantly, Plaintiff clearly outlined how Defendants could avoid paying Plaintiffs attorney fees in the otice of Intention to Foreclose Mortgage, which was mailed to Defendants. Defendants, however, failed t take the necessary affirmative steps to cure the delinquency, but rather have opted to litigate, which has res ted in more attorney fees. Additionally, Plaintiff submits that the amount demanded for costs of suit and title search in Plaintiffs Complaint is neither excessive nor unreasonable. , the reasonableness of attorney fees does not create a genuine issue of material fact, which p}ecludes the entry of summary judgment. First National Rank and Trust Co. of Newton v Enrico, 40 D&C13d 228 (1985). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney Ifees and costs as it deems reasonable. Therefore, there is no issue of material fact regarding attorney v. averred in paragraph nine of the Complaint, the notice provisions of Act 6 of 1974 do not apply to this cafe. Section 403(a) states: :fore any residential mortgage lender may accelerate the maturity of any sidential mortgage obligation, commence any legal action including mortgage •eclosure to recover under such obligation .., such person shall give the ;idential mortgage debtor notice of such intention at least thirty days in advance provided in this section. (emphasis added.) 41 P.S. §403(a). Section 4Q3(a) applies only to residential mortgages. Section 101 defines a residential mortgage as, "an to pay a sum of money in an original bona fide principal amount of fifty thousand dollars or less ...". The Act 6 notice provision (§403) does not apply to the within case because the original loan exceeded $50,000.00. See Anderson Contracting Company y Daugherty, 417 A.2d 1227 (Pa.Super. 1979). Nevertheless, it should be noted that Plaintiff sent Defendants notice of its intention to foreclose on the Mortgage, which outlined the necessary steps Defendants should take to avoid foreclosure. True and of the Notice of Intention to Foreclose Mortgage letters are attached hereto, incorporated herein 4y reference, and marked as Exhibit F. Because Defendants failed to take the necessary affirmative steps toy bring the loan current, Plaintiff had no alternative but to commence foreclosure proceedings. VI. Temporary Stay pursuant to Act 91 of 1983 has terminated due to Defendants' failure to meet with Plaintiff or an authorized credit counseling agency in accordance with Plaintiffs written notice to True and correct copies of the Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 aro attached hereto, incorporated herein by reference and marked as Exhibit F. 91 of 1983 requires that notice be sent by the mortgagee to the delinquent mortgagor by first class mail addressed to his last known address. 35 P.S. §1680.403c(a). The statute specifically provides that noti?e pursuant to the statute shall be deemed received on the third business day following the date of the mailing of the same. 35 P.S. § 1680.403c(e). letter contained the name, address and telephone number of Plaintiffs representative, whom could have contacted to discuss the delinquency and the possibility of qualifying for emergency assistance. Notwithstanding the receipt of this information, Defendants failed to take action that would have resulted in a temporary stay of the proceedings. Because the homeowners failed to meet with an approjed consumer credit counseling agency and file an application within the period specified, and failed to meet other time limitations under Act 91, the temporary stay under Act 91 of 1983 has expired. Plaintiff, therefore, has properly complied with Act 91 and is permitted to proceed with its foreclosure Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem from the Sheriff, while the third party purchaser would obtain a deed to the property. the amount of the in rem judgment has no bearing or impact on the Defendants. IV As to the attorney fees recited in paragraph six of the Complaint, it should be noted that paragraph wo of the Mortgage clearly indicates that Defendants are liable for an attorney fee, costs of suit, and costs ol]title evidence if Defendants default on the loan. The attorney fee claimed in Plaintiffs complaint is less thO five percent of the principal balance due on the loan. When Plaintiff was preparing its foreclosure it could not know how much the attorney fees and costs would be upon completion of the action. Plaintiff could not know whether the Defendants would contest the case and, if so, how Accordingly, Plaintiff used Pennsylvania case law as a guide. fees are enforced in order to compensate the Plaintiff for the reasonable and necessary of collection. The Superior Court has held that it is inequitable for a mortgagee to expend sums of money for attorney fees in order to collect sums owed to him. F.as ate Enterprises, Inc, v Rank and Tn,st 236 Pa.Super. 503, 345 A.2d 279 (1975). a general rule, attorney fees, which are reasonable, will be permitted by the Court. A requested fee of fie percent of the outstanding principal balance has been granted by the Court. Pennsylvania Courts have I* and repeatedly concluded that such a 5% provision is reasonable and enforceable. Robinson v_ 51 Pa. 78 (1865); First Federal Savings and 1 oan Association v Street Road Shopping Center, 68 D&C 21751, 755 (1974). is important to note that the attorney fees called for in the Mortgage are owned by the mortgagee, not the attomey. They are not limited to the actual attorney fees but cover also the extra charges made because the mortgagor failed to meet his obligation. Foulke v_ Hatfield Fair Grounds Ra7aar, hie-, 191 Pa.Super. 155, 173 A.2d 703 (1961); Harper v Consolidated Ruhher Co , 284 Pa. 444, 131 A. 356 action. Plaintiff submits that the Pennsylvania Housing Finance Agency would now consider the hotowners ineligible for assistance due to Defendants' failure to satisfy the procedural time of Act 91 of 1983. VII, The purpose of the summary judgment procedure is to prevent vexation and delay, improve the of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no issue of material fact is raised. In making its determination, the Court must accept as true all properly pleaded facts, as well as all inferences, which might be drawn from them. Thompson v Nacnn, 379 Pa,Super. 115, 535 A.2d 1177 (11188), affirmed, 527 Pa.330, 591 A.2d 703 (1991). The Court must restrict its review to material filed in ?upport of and in opposition to the Motion for Summary Judgment, and to uncontroverted in the pleadings. Pa.R.C.P.1035. Overly v Kacc, 382 Pa.Super. 108, 545 A.2d 970 (1989). that it has demonstrated sufficient facts to warrant summary judgment in its favor. nts executed the Mortgage knowing that they would be responsible for the payments. Plaintiff has an affidavit that Defendants are in default and set forth the amount owed by Defendants. ,, Plaintiff maintains that it has produced sufficient evidence to establish a prima facie case for foreclosure. Once Plaintiff has satisfied its burden, Defendants have a responsibility to rte facts, which would create a genuine issue for trial. Phaff, supra. Defendants have failed to sustain toeir burden of presenting facts, which would contradict the elements of Plaintiffs claim. respectfully submits that the allegations of the Complaint are, in fact, uncontroverted. have had use of the Property rent-free at Plaintiffs expense long enough. Defendants' Answer has been) interposed for the purpose of delay only. Plaintiff requests that its Motion be granted so that it can recover Oe unjust financial losses it has incurred to date. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the with interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged Respectf su d, PHEL & SCHMIEG, LLP eri P. aeys, Esquire Attorney for Plaintiff EXHIBIT A ?i n ? ii `TV C J8? 3ia FOE;?i ?. Z11"LEE RECORPEN OF OEM GUM2ERLANO COUNTY-PA '01 FIRY 7 P(1 3 02 Recording Return To: RANTEED HOME MORTGAGE COMPANY, INC. AVENUE OF THE AMERICAS, SUITE 400 YORK, NEW YORK 10001 a Number PA01040302UE ispove A&wv tbb We Vw Rmmdlb Dsmi MORTGAGE not M due used in multiple sections of this document are defined below and other words arc defined in 3,11,13,18, 20 and 21. Cc raid rules regarding the usage of worN used is this documnd art also 1 in Section 16. 'Somrity bobtutumt' meets this document, which is dated APRIL 25 2001 , a with all Riders to this document. 'Botrowce4ANTHONY J. REED AND ROSE M. REED err is the mortgagor under this security lnsuumem. •lAaW Is GUARANTEED HOME MORTGAGE COMPANY, INC. ier Is a NEW YORK CORPORATION orgmized existing under the taws of NEW YORK ice's address is 855 AVENUE OF THE AMERICAS, SUITE 400, NEW YORK, W YORK 10001 kr Is the mortgages under Ibis Security Instrument. *Now*eacams the promissory oorc signal by Borrower and dated APRIL 25 2001 . Now scum that Borrower own Grader NINETY ONE THOUSAND EIGHT HUNDRED 00/100 Dollars (U.S. S 91, 800.00 ) plus Borrower tin promised to pay this debt in regular Periodic Payments and to pay the debt in full ata then APRIL 30, 2031 'Property' mesas the property that Is describal below under the be Ang "Ttansfar of Rights in the "[seal means the debt evidenced by the Note, plus imlermt, any prepayment oba acs and lam charges the Note, and all sums due trader this Socurity [mstt+immt, plus bacivu. `Rldcre nos all Rider to this Security (nscmmnent that ate executed by Bairm"r..The following are to be executed by Borrower [check box n applicable): a,? ' ma r•ua Page 1 or IS 1!1601702rwr 212 cS..r A10e1.Mm ? Adjustable Rate Rider ? Condominium Rider ? Second Home Ridef ? Balloon Ruler ? Planned Unit Development Rids ® Other(s) (specify) ? 14 Fatilly Rider - 11 Riweedy Payment Rider erepaymerit Rider pi) 'Appliable Lpe means all controlling applicable federal. state and local smmta, regulations, ordiaanees and adadata:atiwe ttda and orders (that bsve the ef(eu of law) as wdl as 411 applicable final, non-appnedable judiclsl oplmbm. 'Camona ty Aoodriiaa Dtcc, Foc%, and Amain me meant dl dues. fees. asseaameau and other arga that are imposed an Borrower or the Property by a condom)aium Astadation. homeowners on or similar orgattiaation. 1) 'F3amonio Prods 7Szo%W roomer any transfer or fluids. other than A transaction erigimstcd by check, or similar paper Instrument. which la initiated through an electronic terminal. telephonic instrument. ter, or magneUe upc so as to order, ftimct, or authorize a fua icial institution to debit or credit account. Such Lena iaduda, but Is not limited to. point-of safe tramaters. auromued teller madhine liens, triosfers initiated by Wcpbone, wire transfers, and automated dexingbouse transfers. 'Fsetow Items' mesas those it®a that are deuibcd in Section 3. 'Mlsodladem Ptocmb' meant any compensation, settlement, award of damages, or proceeds paid hey third party (other than inwtance proceeds paid under the wvctuga described in Section for. (i) e to. or destruction of. the Property; (d) wndcmaadoa or ocher taking of all or any pan of the it y; (iii) conveyance in lies elf condcrowdoa; or (iv) misnpresemutmas of, or omissions as :o, the v ue audfor condition of the Pmperry. 'Mortgage Insurance mew inswama protecting Leader against the nonpayment of, or default on. Loan. 'Periodic Paymcur means the regularly scheduled a muut due for Q principal and into= under Note, plus (11) any owuntf under Section 3 of this $=wiry Instrument- 'IWA' means the Real Estate Settlement Procedures Act (12 U.S.C. 42601 et seq.) and its seating regulation, Regulation X (24 C.F.R. Part 3500), as they might be crowded from time to or any additional or successor legislation or regulation that govems the same subjva matter. As used in 5txuriry lmtttnmteat. 'R£5YA" refers to all rn{uir zomts and resniet)aas that are unposed to regard b a 'federally related mortgage loan" even if the IAaa does not qualify as a 'federally rchtcd mortgage undw RESPA. 4 'Sawasor in Imatst of Bonowa' meaner any party drat has takat tide to the Property, wbenccr or that party his assumed Bormwer's obligations under the Note and/or this Sonority Instrument. OF RIGHTS IN THE PROPERTY Sewtiry Itsttumem securer to Lender. (1) the repayment of the Loan, and all renewals, attmsions modification; of the Note: sod M the performance of Borrower's covenaats and agreements under Sea[ity toanemrcut and the Note. Par this purpose. Borrower does hereby mortgage, grant and etmvey amen. W. seer ones No Z of la soulr1702ig(, 213 rwfi,n. m Letuter the following described property located in the COUNTY of CUMBERLAND ffYPe of NaordYtt lud-Altdual (dam of aarnrdiog 7vr%dkwcl PE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS HIETT "A". ich eurteutly bas the address of 117 E. MAIN STREET (swell Letter BOTTOM Peinsylvanla 17266 ('Property Address"): Icayl (ZW Cadet TOGE17191K WITH all the improvements now of hereafter erected oa the properiY, aid all mss, appus%causces, and EAVm a now or hereafter a put of the property. All neplaeaomta and ros abaft also be raveled by this Sccurity bssiument. All of the foregoing is tvrerrW to in this ry LasEnrmGat m the 'Property.' BORROWER COVENANTS that Borrower Is lawfullyseisad of the estate hereby conveyed sad has ht to mortgage, grant and convey the Property and that the Property is unatwmbered, except for hmrtee of record. Borrower wart nta and wiUdefend generally, we tide to the Property against all aid demands, subject to any cawmbrauces of record, THIS SECURITY INMUMENT combirxs uniform covewnts for natldmal use and non•uilform sma with Waited variations by Jutisdicdon to constitute a uniform Scoudty instrument covering teal UNIFORM COVENANTS. Borrower and Lender revertant and agree as follows: 1. Payment of Pdalipat, literal, Escrow Imam. ftpgmral Cffatgos. and Late asargm. wer shall pay when due the principal of, and Interest on, the debt evideaad by the Now and any meat dwages and late charges due under the Now Borrower !hall dm pay hods for Escrow Items mt to Section 3. Payments doe under the Note and this Sccurlry Instrument shall be tide is U.S. sty. However. If any check or adia Emastm it received by Leader as payment under the Note or ccority Instrument is maimed to Lerida unpaid. Lemda may roqulm that any or all subsequent mss due under the Note and this Security lustsument be made in one or more of the following forms, sped by Linda: (a) cash: (b) money order: (c) certified cbe*, bank check, ttenura's check or is cheek. provided any such Cheek b drawn upon an institution Wbose deposits am insured by a I ageiey, iostrumeoetity, or madly: or (d) Meettotdo Funds Transfer. Paynnals are demand received by Lender when received at the location designated in the Note or a otter location au may be designated by Leader in awottimm with the notice provisions in Swain coda may return any payment or partial paymcat if the payment or partial payments are insufficient AS era 15. :crams t W a i+swr Pare 3 of la e1)o11702P4 21,4 e to bring the Loan current. Leader usay accept any payment or partial payment insufficient to brim; the Loan potent, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments it the future, but Lender is not obligated to apply such payments at the time such payments an accepted. if each Periodic Psymeat is applied as of Its scheduled due date, then Leader aced not pay inaxest on unapplid funds. Leader may hold such unapplied funds until Borrower mnkca payment to bring the Loan aural. If Borrower does not do so within a reasonable period of time, leader *,it either apply such foods or mum thran to Borrower. tint applied earlier, rich finds willbe applied the oatstsading principal balance under the Note Immediately prior to foreclosure, No offsa or claim Bortowar might have now or in the future agalmst Lender shall relieve Borrower from maRtuilt syments due under the Note sad this Security Instrument or performing the covenants and agrccozzas by this Security Instrument. 2. Applhaaioa of Paymeats or Pioccei& Except as otherwise described In this Section 4 all syments accepted and applied by Leader shall be applied in the following order of priority: (a) inlerrat ue under the Note; (b) priocipal due under the Note; (c) amounts due under Section 3. Such payments I be 2MUed to each Periodia Peymem in the order in which it became due. Any remaining amounts 1 be applied first to late Charges, second to any other amounts due under this Security Instrument, and CO to reduce the ptioeipal balance of the Notc. it Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a ficieat amount to pay any lace uhvlt due, the payment may be applied to the de iaquml payment and e late charge. If more than one Periodic Payment is outstanding, Lends nny apply any payment received f in Borrower to the repayment of the Periodic Payments if.and to the cant that. each payment on be d in full. To the extent that any excess exim after the payment is applied to the full payment of one more Periodic Paymsms, such excess may be applied to soy lace charges due. Volmtary prepayroeaes be applied first to my ptepaymatt charges and than as described in the Note. Any application of payments, him== proceeds, or Miscellaneous Proceeds no principal due under Note shall not esrend or postpone the due date. or change the minuet, of the Periodic Payments, 3. [mods for Earow Brest. Borrower shalt pay to Leader on the day Periodic Payments are due der the Note, unit) the Note is paid is full, a am (the "Funds") to provide for payment of amounts due f : (a) Lanes and assessments and other Itents which can attain priority over this Security Instru-. as a 'en or ®aanbrance on the Property; (b) leasehold payments or ground teats on the Property, if any; (c premiums for lay and all insursoee requited by Linda under Section S. and (d) Mortgafe Instuamm ums, if any, or may amts payWe by Borrower to Ieuder in Ueu of the payment of Mortgage pnaniums in accordance with the provisions of Section 10. These Items arc called 'Escrow If " At onginitlm or at any nine during the tam of the loam, tender may require dot Cormnuaity on Duo. Fees, and Assaamaaa, if say. be escrowed by Borrower. and such dues, fm and shell be an Escrow Lem. Borrower shall promptly furnish to Iemdu all notices of amounts to paid under this Section. Borrower dial] pay Leader the Funds for Escrow ]tans unless Leader waives Be ower's obligation to pay the Funds for any or all Escrow Its=. Lender may waive Borowm's ob sation to pay to Leader Funds for any or all Psaow Item al any time. Any such waiver rosy only be in ' S. In the event of such waiver. Borrower sham pay directly, when and wham payable. the smmnmts d for any Escrow Items for which payment of finds has ban waived by Linda and, if Leader requires. furnish to Lender receipts evidencing such payment within such time period as Leadcr may require. woes obligation m nWw such payments and to provide vxzipu shall, for all purposes bo deemed to be covenant and agreeaaeat comrained In this Sentrity I115trUM .err, as give phr= "eovenam and agrametn" is In Seaton 9. If Borrower is obligated to pay Escrow Items directly. pursuant to a waiver, and 31. M,.(Ma6 qxz Npc o of 15 304702nk 225 red' rAkMaMTC Brower fails to pay the am ant due for an Escrow Item. Lender may exaciae its rights under Section 4 d pay such amoum and Borrower shall then be obligated under Section 9 to repay to Leda soy such pant. Leader may revoke the waiver as to any or all Escrow Items at any time by a notice given in mdw= with Section 15 and. upon such tcvoeuioa, Borrower shall pay to Leader all Funds, and in such tourus. that are then required under this Seaton 3. Lander may, at any time, polka and hold Funds in en =am (a) safticicat to peraait (.ender to ply the Funds ar the thae t:pecified under RESPA, and (b) not to aaeed the maximum nmuat a Lcsder s require mdse RBSPA. I cadcs shay esdmo the aoaunt of Funds due on the barb of current dam d rasoaablc edinatcr of agttwd(tutes of future Escrow Iteoa or otherwise in accordance with hpllcable Law. The Puade shay be held in an Imtinn)mt wbom deposits are insured by a federal agency, ttvmemality, or eatty (mcladiog Leader, if Lander is an lasdmtion whose deposits are so hhsurrd) or any Federal Home Lana BsnL Linda' shay apply the Funds to pay the Faorow Items no later than the x specified under PMPA. Leader shall not charge Borrower for holding and applying the Rinds, mtaliy aoalyxing the escrow aaaunt, or verifyingrhe Escrow Items. unless Leader pays Borrower interest the Finds and Applicable Law permits Leader to make sarb a charge. Unless sec agro went is Aade writing or Applicable Law requires interest to be paid on the Fronds, Leader span not be required to y Borrower any inux-ast or evenings on the Funds. Borrower and Leader can agree in writing. however, at lotaesc shall be paid on the Funds. Leader :bell give to Borrower, without charge, an aamai counting of the Funds as requited by RESPA, If them is a surplus of Funds held in escrow, as defined under RESPA, Leader shay =a= to nrowir for the excem funds in accordance with RESPA. if these is a shortage of Funds held in escrow, detiood under RFSPA. Leader shall notify Borrower as required by RESPA. and Borrower shall pay to ads the amount nemsaty to retake up the shomp in accordance with RPSSA. but in no tmn dun monthly, payracats. If there is a deLcienc y of Rind: held in csaaw, as defected under RESPA. Leader tU mrify Borrower as required byWPA, and Botrawet shall pay to Leader the amount aerasary to d e up the da icieay in accordance with RFSPA, but in m mote than 12 a mbly paym m. Upon payment in full of all sums secured by this Security bu ttuaaem. Leader shall Psompty vdbad Hot:ower any Fonda held by Leader. 4. Cbagpm Lims. Borrower shell pay all Maze:, assgsments. charges. Gael, and ia?tioas utsbie to die Property which can attala prtotity Wee this Security Immuaaent. lassebold paymmta or rents on the Property, i1 say. and Comamity Association Dues, Fen, and Assessments, if any. To cueot that these items arc Ederow Items, Borrower shall pay them its the manner provided is Salim 3. Borrower shag promptly dhchage say him which has priority over this Security Lasanattam unless suer W apeas is writing to the payment of the obligation scented by the Yea is a rmmnor acceptable but only so long as Borrower Is perforadag such Wcancon (b) contests Sac hem in good filth or defend; againrt mWtesama of the lien In, legal proceedings which Leaders erg such p then eaporcrnrnt of use lion while those Praaodmgs are pending, but o csaduded; or (er) assures from the holder of the lien an agreement satLsy to [each subordinating lien to this Security Imtrunxot. It Leader dacrmises that any pan of the Property is subjtq to A Yea h can attain priority over ibis $tmuity ImWment, Lender coy give Borrower a notice WeatiIying the Within 10 days of der date on which that notice is given. Borrower shall satisfy the liea or take one of the actions set forth above LA this Section 4. Leader may require Borrower to pay a onnt no charge for a reel esum tax vedfic Lion atd/er rting service used by Leader In cmneCion with this Loan. to or ste? ter. aoa lava Page 5 of t5 . boulti7 put ,21s -wlDyf.WG S. PMWY Insurance. Borrower shall keep the improvements now existing or bereatiet erected on the Property insured against loss by line- h-rds included within the term 'extended coverage, •and any other hazards including, but not limited to. earthquakes and floods. for which Lendcr requires insurance. This insurance shall be maintained in the a sartm (including deductible levels) and for the periods that Lander requires. What Leader requhp pursuant to the preceding noun= can change during the term of the L.ou.. The insurance carrier providing We Insurance: xbaE be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right dish not be esarcisod unreasonably. Lender may require Borower to pay. In connection with this Loan, either; (a) a one doe charge for good zone deterrNaadorl. artifleatioa and ttarjdR service; of (b) a onwtimo charge for flood 7nno determhnmion and mnifica4an services and subsequent: charges eaedu time tetcoppings or aim)lar changer occur which reasonably might alfea such delesmiaa art or certification. Borrower shall also be responsible- for the of any fees huposed by the Federal Emergency Mmag®ent Agency in coon-sion with the review f my flood cone deteratlnatioo resulting from an objection by Borrower. If Borrower fails to maintain any of We coverages described above, Lender auy obtain Wm =ce vestige. at Leader's option and Borrower's expense. Linder Is under no obligation to purchase arty Iv type or amount of coverage. Tberefore, such coverage shall cover Lender, but might or might of protect Borrower. Borrower's equity in the Property. or the contents of the property, against soy risk, or liability sad might provide grater or laser coverage than was previously in effect. Borrower owledges that the cost of the Wunnce coverage so obtained ought significaatly exceed the cost of that Borrower could bave obtained. Any amounts disbursed by Leader under this Section 5 shall additional debt of Borrower secured by this Security lnstr iment. These amounts shall bear interest the Note rate•from the date of disLutseamot and shall be payable, with such interest, upon notice from er to Borrower requesting payment. All Insurance policies mquhed by Linder and renewals of such polielea shall be subject to Lender's t to disapprove such policies. shall include a smedud mortgage dance. and sball name Lander as ago: and/or as an additional loci pays. loader stall have the right to bold the policies and renewal eater. If Leader requires, Borrower :ball promptly give to Leader all receipts of paid preadttms and notices. If Borrower obndas any font of issuance coverage, not otherwise requited by I -,' , daouge to, or destruction of, the Property, such policy shall include a standard mortgage clause and name Lander as mortmee and/or as an aftiotsl loss payee. La We event of loss. Borrower shall give prompt nodce to the insunnic: carrier and Lender. Iradcr Y malm proof of loss if not made promptly by Borrower. Unless Lander and Borrower otherwise agree writing, any lontrance proceeds, whether or not the undeaylag insurance was requirod by Lctder. shill applied to restoration or repair of the property if the mCumtim or repair is economically feasible and a security is ant lessened. During such repair sad testoratlou period, Lender shall have the right s hold such Insurance proceeds until Lander has bad an eppartiscity to iospcct such property to enturc work bas been completed to I eodn'a satisfaction. provided that such Inspection &W be undamkm puY. Leader rosy disbum proceeds for the repairs and tWoratioa in a single payment or is a series f payments as the work Is nuro)daad. Unless an agreetoeat is made in writing or Applicable Law . uites interest to W paid an such Insurance proceeds. Leader shall not be required to pay Borrower my in or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by :ball not be paid our of die insurmoe proceeds sad shall be the ode obligadao of Borrower. restoration or repair is not economically feasible or trader's security would be lciuewd, the pmcads %ball be applied to the sums segued by this Security Instrument. whether or not them I If rr.na.. r no ?eo Pose 6 of 13 BooK1 217 e'` evK PApp M4 zr rem W. P= ""M INS, 7 of re. Biwt11702fta 2A8 due, with the excess, if any, paid to Borrower, Such imUrance Proceeds shall be applied In the order provided for in Scetion 2. If Borrower abandons the Properly. Gender truly file, rxgstiate and settle any available inurance claim and related matters, if Borrower don not respond within 30 days to a ounce from Ltador that the insurance carrier bas offered a sale a claim, than Gender may negotiate aid settle the claim. The 30-day period wig begin when the notice is given. In either event, or if Leader scgttirns rho Property under Section 22 or otherwise. Borrower hereby assigns to Leader (a) Borrower's tights to arty insurance proceeds in an amoaut not to exceed the amounts unpaid under the Note of this Security Instrument. and (b) any other of Borrower's rights (other than the right to any rduod of utuamed ptemlams paid by Borrower) undera all insurance policies covering the Property. LoWar as such rights are applicable to the coverage or the Property. Leader may use the Insurance proceeds either to repair at restare Ow Property or to pay ts unpaid under the Note or this Serenity batrument, whedia or not then due, d. Borrower shall occupy, establish, sod use the Property a Borrower's principal drone withla 60 days after the execution of Ebb Security Isatromem and shall coutiauo to occupy the y as Borrower's principal resides n: for at Iwt one year after the date of occupancy. unicas Leader erwise agroes ii writing, which coastal shall not be unreasonably withheld. or unless extenuating exist which arc beyond Borrower's control. 7. Praantion, Maintenance sad PMtccdoa of the Prapaty, hupccrima. Borrower shall out troy, damage or impair the Property, allow the Property to deaiarare, or commit waste on the . Whether or not Borrower is raiding in the Property. Borrower shall aaiotaio the Property in cr to prevent the Property from deteriorating or decreasing in value duo to its condition. Unless it is ctctinined pusuwt to Section 5 that mpur or restoratloa Is not economically feasible, Borrower shall rowpdy repair the Property If damaged to avoid huthrr daeriontion or damage. If hauratce or procmds are paid in connection with damage ter, or the taking of, the Property. Borrower be [es1 1 ible for repairing or rnwring the Property only if Lender has released proceeds for such sea. Lender may disburse pmcmds for the repairs and restoration in a single payment or m a aria progress payments a the work h completed. if the Laurance or condemnation prorxzds acs not fficieat to repair or sestare the Property. Borrower is rot sdleved of Borrower's obligation for the aeon of such repair or restoration. Gender or Its agent may malre racoaable caries upon and iarpeenoas of the Property. if it has a cause, Loader may inspect the bAc dor of the Improvements on the Property. Larder shall give nowa notice at the time of or prior to such an Interior inspection specifying such rasombie non. 8. Bontawcr's Loaf Appticattom, Borrower shall be in ddault if. during the Loan applicator Borrower or any persons or adMes acting at the direction of sontswer or with Bmtromes owlalge or consent gave materially false, misleading. or inaccurate information or statmtrats to Lender Failed to provide Leader with material Informrtios) in connection with the Loan. Material naenndom include. but are not limited to, representations concerning Borrower's occupmey of the perry as Borrower's principal tesideaoo. 9. Protection of La sda's Interest m the Property and Rights Under Us Smsrity Lnsataxic a. If Borrower falls a Perform the envenants and agreements contained in this Stxa t inistrtm cat, (b) there r legal proceeding that might sigtdficudy affca trader's interest to the Property and/or righm under Security Imamtment (such u a proccoding in bankruptcy. probate, for eondeamatioa or fortdaue, far otcerrrtat of a lien which may attain priority over this Security Instrument at to enforce laws or ), or (a) Borrower has abaodooW the Property, then Ieader tray do and pay for whataver is It or appropriate to protect Lender's interest In the Property and rights Under Us Smairy •+am.rera Baum =. including protecting and/or aaessing We value of the Property, sod saying and/or repairing c Property. lsuder's anions can include, but art not Bunted to: (a) laying any suns secured by a lien 4Ich has priority ova ibis Security losuumcat: (b) appearing in court: and (o) paying reasombie nmcys' fns to protect its interest In the Property and/or rights under this Security tnattumau, including secured position la a brsukeuptcy proceeding. Securing the Property Includes, but Is not limited to. Wring due Property to wake repaint, change loeb, replace or board cop doors and windows, drain water sus pipe, elimtnae building or other coda violations or dangerous conditions, and have utilities turned . or aM Although [ssdec tow aft maloa under this Sector 9, Lratde does ant Lave to do so and Is t under arty duty or obligatlam to do so. It er agreed that I canes Lagoon 00 liability form taking any all aaboas autbarued trader this Section 9. Any saturants dtslmraed by Leader under dds Section 9 sW become additional debt-of Bo rawer mead by this Saurity Iastrtuaem These trawl s sha8 bear interest as the Nee rate from the dame of Oursesawt nod shall be payable, with such irmcon. upon notice from Lender to Borrower requesting IT this Stxtuiry Innrurneat Is on a leasehold, Borrower shall comply with all the provisions of the I Il Borrower acquires tee tide to the property, the lestehold and the fee tide shall set toergc unless agrees to the Mager In writing. 10. Mortgage Imunooe. If Leader required Mortgage fawratce as a Coudidou of Waiting the Lo . Borrower shalt pay The preaduas requited to mfiatain the Mortgage ineuntuac in cffea. If. for uy n. the Morrgage laaaanae average requited by Leader emses to be available Gam the mortgage has that prtviougly, provided such insurance and Hoedown was required to make separataly designated pa resents inward the praulunn for Mortgage Insurance, Borrower shall pay ghe prtuiams requirod to ob coverage substantially equivalent to the Mortgage lmuraoee previously in effect, at a cost ly equivalent to the cost to Borrower of the Mortgage [=a= previously in effect, from an al a mortgage insurer seleercd by Under. If substantially cgWval= Mortgage Ins urgave coverage is amiable, Borrower sball ooataue to pry to I the amount of the separatdy designated that were due when the monswco coverage anted to be in effect, Leber wi8 sompt, use sod dim payment as at non-refuadaNc Ions raw" In lieu of Mortgage lasuaace, Sucb loss reserve be non-refundable, nttwi[hstsadiag the fact tat the Lam is ultimately paid in fu8, sad Larder shall ant be required to pay Borrower SW interest or earnings oa such law reserve. Leader m no longer toot rescue pWatmts if Mortgage Insurance wverage (in the aruouot and for the period nut requires) provided by an harmer selected by Leader again becames available. is obtalood. and requites snparaWy designared psymos+ award the premiums for Mortgage I sutitwx if Leader Ltd Mortgage latauaw as a condition of making the t4na and Borrower was ragnived m mdcc Y doi6asted psyraeotr toward We premmam for Mortgage lnwraoce, Borrower shell pay the urn requited to maiaWa Mortgage lnsuranoe III tdka, or to provide a non-rehudable boa reserve, Ladder's requiremcat for Mottgagc Insurance cobs in aanrduce wbb any written agaeeneat begwaen Son: 7w and Leader providing for web teoaioxion or GOW eamimtiou is required by Applicable Law. Matt 1a; In this Section 10 affects BoMWees (IMPtIaa to pay bnra m it the eau provided in the Note, Mortgage lasunuge rtimbueses Leader (or any cavity am purchaso the Note) for Arpin lasses in may tare if Harrower does nog repay the Loan ss agreed. Borrower Is not a party to the Mortgage Mortgage instuers tvaiuate their total risk on all such lawaanca to foroc from time b time. and army into agreanmts with other parties that sbue or modify their rash, or reduce fosses. These accts art an tams and coodiuoas that am satisfsaory to the mongage insurer sad rho otb r parry 8t 1 K. coq # FW NO a of 15 90ub1702f, 219 (of pubes) to them agreements. Thew agro sa s; may require the mortgage insurer to make payments using may source of funds that the tnangage !ensurer may have available (which troy include runds obtained from Mortgage lmsarance premiums). As a result of dum apeemems, Leader. any punchasa of the Noce, anohcr insurer. any etim m, say other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in cwhaage for shading or modifying the mortgage lemma's risk, or reducing losses. U sects agresmwet provides that an affiliate of Leader talus a share of the Imams risk in cachaoge for a share of the premiums paid to the baorv, the amnlsement Is often lamed 'captive reinsurance." Panher: (a) Any such agmantsue wMxwt affeer the a®tma shat Boamw fats agaud to pay for Massage incesance- or say aher leers of the Loan. Safi Weemeots wiU rat increase the amount Boaowv will for MwWV lautaoce, and they will not emitk Borrower to any se6 1 (b) Any srdt apt emeats will nos affect rho tigffi Bm:awer has - if any - with ripest m OIC artPBe Imnaaae under the llameownea Protection An of 1998 or any otbw law. Mxw rights stay sale the dght to tvcdve eatafn disclosures, to requal, and obtain oactilLriom of the 1lso IM to have rbe Aaorrgagc isms- terminated adomadaUy, amddor to receive a few of soy losmamoc Premiums that were auramad at the time of such samcdlation or Mutiastioo_ 11. AwIptmmt of M wellameus Pmomb; irorfdono. AU Miscellaneous Proceeds are hereby igned to std shall be paid to Linder, If the Property is damaged. such Miscallanoom Proceeds shall be applied to rcuamtion or repair of e property, if the restaradon or repair is Cmnomically feasible and Leadcr's security is not lessened. ring such repair and restoration period, tinder shall have the risbt to bold svcb Miscellaneous Proceeds Lander has had an opportunity to inspect such Property to ensure the work has been completed to a's satisfaction. Provided (bat surL htspectiaa ahdl be undertaken promptly. Leader may pay for the is and restoration In a single disbursement at in a series of progress payments as the work is ad. Unless an agreemem is made in writing or Applicable Law requires interest to be paid an such isoeklancew Pmowds. Leech shall not be required to pay Borrower any kowat or earnings on such iscsUaaeous Proceeds. If the restoratioe or repair is not economically kasibls or Lariat's security would hurried. the Wncellanmus Proceeds sball be applied to the sums mined by this Security mamtmmt, w or not them due, with the exam, if any. paid to Borrower. Such MiuUlaocow Proceeds shall be led in the order provided for In Section 2. Is the event of a total aldug. (laureation. or Ion in value of the Property, the MkacdUn sus shall be applied to the same secured by this Security brstummt, whether or not then due, with tat ma. if my, paid m Borrower. In we event of a partial takdng, dtsuuctian. or loss in value of the Pmpeey is which the fair marlut ut of the Property laanodiaedy Witte the partial taping. destruction. or loo in value is equal to or than the amount of the stems secured by this Security fataummt immediately before rho partW ns. destruction, or loss In value. unless Borntwa and Leader otherwise agree to wddng, the sums s by this Security Instrument shall be reduced by the amount of the MisoeUsneow Proceeds Lied by the following fiacdoa, (a) the teal smear of the sums scoured im-mlatdy, before the p taklas. destruction, or )our in value divided by (b) the far market value of the Property iaunediatety cc the partial takbcg, destruction. or loss In value. Any balance stall be paid w Borrower. In the event of a partial taking, destruction. or lone in value of the Property In which the Lair market vac of the Property immediately before the partial taking, datrueciom. or loss In value is lase (ban the t of the sums secured immediaely before the partial taking, destruction, or loss in value, emirs *.us, n perm f w Ana a of Is eUOwj702rneE 220 e? •wIEMMe Bonowrs and Lender otherwise agree in wridog, the Miscellaneous Proceeds shall be applied to the sums iocured by this Security buunmwt whether or not the saw are then due. If the Proptsty is abandoned by Borrower, or if, after notice by leader to Harrower the the Opposing Party (as defined in the am seatexe) offers to make an award to settle a claim for damsga, Borrower fails to respond to Leader within 30 days after the date the notice is given, Leader is aadhar"viced to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the saw secured by this Security InAtuasa>t, whether or not than due. 'Opposing Patty means the third parry that owes Borrower Miwdiutews Proceeds or the parry against whom Borrower has a right of anise in regard to Miscellaneata Proceeds. Borrower abaft be fit default if nay anion or promotilug, whether civil or etimlaal, is began that, In lender's judgment, could result is forfeiture of dap Property or other material impairment of )reader's interest in the Property or rights under this Scearity Laanummr. Borrower an cure such a dafadt and. if accelcrAdon has occurred. reinstate as provided in Sections 19, by cursing the action or ptocood'sag to be dismissed with a ruling tltat, In Iatder's judgmem, precludes forfedture of the Property or other material impairtocm of Lender's interest in the Property or tights under this Sceurity lastraffleat. The proceeds of any award or claim for damages that are attributable to the impalmwat of Lender's interest in the Property ate beteby assigned aced sball be paid to Leaden. An Miscellaneous Proceeds that ate not applied to restoration or repair of the Property than be applied in the order provided for in Section 2. L2. Borrower Not Adessed; Forbaaenne By Ltada Not a Waiver. FxLcnsion of the t)me for syment or amdirta don ofsmottization of the so= segued by this Security iasuumcot granted by Leader o Borrower-or any Successor in ]merest of Borrower shaft not opcrnc to release the liability of Borrower r any Successors in Interest of Burrower. Leader shall not be requited to corr =cc proctedings against y Suommr in lpteast of Borrower or to refuse to extend time for payment or otherwise modify rri radon of the sutra secured by this Secarity Itstruntaa by reason of any danand made by the original rower or say Successor in Iniema of Borrower. Any forbearance by Loader in exercising any right remedy including, without lindmil a lenders aceeptaace of payaacots ]tom third persons, entities or aytessors in Tarerest or Borrower or In amounts less than rite amount then due, "I ant be a waiver or r preclude the aacise of cloy right or remedy. 13. 7oim sad Several Liability; Lbaigaw; Successocs sad Assigns Domed Borrower covenants and that 8oaower's ohngatioas and liability ahdl be joint and soncral. However, any Borrower who co- this Security Inswment but does cot execute the Note (a 'co-atgaa'); (a) Is co-signing this Smutty t only to mortgage, gnat sad convey the eo•sigaer's iarotest Ia the Property unda the terms of t$b Security instrument; (b) is not personally obligated to pay the sums secured by this Smeity lumcol. and (t) agrxs that Lcaft and any other Borrower can agroc to extend. modify. forbear or soy accommodati m with regard to the terns of this Security Inarument or the Note vithom the Subject to the provisloas of Sadion 10, any Suouasor In Lwcmt of Borrower who atsumcs [dag. gner's consent. wer's obligations under this Security fnmummt in writing. and is approved by Tattier, sltdi obtain Barrovaer's right sad beaNits radar this Security Instrument, Borrower shall not he fclcasad from wa's obllgatiaas and ]lability under No Security [anwnmt ttoGas Leader agree to such release in 7be covenants and agseaaents of this Security Iamurnent than bind (except sec provided to n 20) and beoe6t the socc sson and assipas or leader. I4. Lam (Larger. Leader may charge Borrower fees for services pesforutod is connection with wer s default, for the purpose of protecting Linda's interest in the property and rights under this 3". c.e. an wanes Age loaf e041702paj 221 t ^ cavity lmtrumeac, including. but tint knotted to, attotacys' fees. Property Wgwcdm and vWWAM fees. regad to any other fees, the abseom of express WhOrity is this Security hab umcot to charge a spwific to Borrower shall not be construed as a prohibition on the urging of such fee. Lender may not urge fed that am expressly prohibited by this Security latruam or by Applicable Law. If the Lawn is subject to a law which sets romd oum loin charges, and dm law Is finally Interpreted that the inuim or otba Icm clmsex collected or to be collected in connection with the Lana exceed t permitted limits. thee: (a) my suc:b loan cWtge shall be reduced by the smwant accessary to reduce : charge to Out permitted limit; and (b) my arms already collected from Borrower which aiecedal cducd limits will be reAnded to Borrower. Linda tnsy choose to tua8e this refund by redueing the ac4W owed under the Moto or by ruddag a diroct psymear to Borrower. If a refund redom primlo, reduction will be hared art a partial prepurymmt without my prepayment charge (wbeher or trot a payment charge is provided for tinder Out Note). Borrower's semptemc of any such eduod made by em payment to Borrower will coastiturc a weiva of any right of wotioa Borrower might have arWog out tucb overcharge. 15. Notices. All notices given by Borrower or Lander In connection with this Security lm*um=t m be in writing. Any notice to Borrower in comecuon with this Security hsstnnamt shall be deemed have bozo gives to Borrower whea mailed by fort class mill or when scmaily delivered to Borrower's lice address if not by other means. Notice to any one Borrower shill mnatltum notice to all Borrowers less Applicable law expressly requires odmwisc. The antics address shall be the Property Addras as Borrower less daigaated a snbmitute notice address by notice to I coda. Borrower shall pmmpdy dfy Leader of Borrower's chsuge of addteu. U Linder epecifcs a procedure for repotting Sormwer s mge of address; then Bouvwer shill only report a change of address through that spaiPed pmcadum. we nary be only one designated notice address under this Security lmtrumme at any one time. Any ;ice to i cu der "be given by ddiva(og it or by mtiling it by Brat class nail to Leader's address stated rein units Linder has dedgosted mother address by notice to Borroww Any mum In otmmcdou with r seauity tosw== shall not be deemed to have bean given to fender until amully received by Oder, if my notice rcgUhed by this SowHty Instrument is also required under Applicable law, the ptkabie Law mgnimmsnt wiu satisfy the waapooding rapdroneat under this Security lmtiacemt. m. t'aovemltig law; Save dgkj; Rules of Cmstructlon. This Security Iwtrumeat shag be mtcd by federal law and the law of the ju icdiaioa in which the Property is lomtod. Ali rights and igetiom contained In this Seaciry IaArumeas are subject to any rcquiteswests and Bmiadom of Vocable Law. Applcable Law might aiplkltly or implicitly allow the partner to agree byeontea4 at it Iht be slimt but seep =I== shall ant be twamued as a proltibition against agroanmt by ommu . the even that my provistm or claim of this Sewuity lostrunm t or the Note wofltaa with Appl able w, such ocussict shall not affect other provisions of this Seaahy Iostruoxnt of The Now which cam be to effect without the confliaiog provision. As used in this soarity Im, .. (a) words of the maculloe Seeder shall mean and include rspondwS errata words or words of the fe tutwo Seeder (b) words is the Angular shag awn and lode the plural and vice versa; and (c) die word •may" Siva We dL+aetion without my obligation to c any sedoe. 17. Bocrowc'a Copy. Borrower shag be given one copy of the Now and of this Security IS. Traasfv of the Property or a BmdlcW laterest in Burrower. As used is this Serlsou 18. ca in the Property' mcam any legal or berterwitl Interest in the Properly. includiag. but not limited a,.+". " pea eee.tra Pace i t of lr 80twDMeja ,t22 Xw I M to. those beneficial Interests transferred is a bond for deed, cMU= for decd, installment sales conm'act or escrow agrcenent, tier intent of which it the transfer of title by Borrower At a future date to a purchaser. If all or any pan of the property or any Interest In the Property Is sold or transferred (or If Borrower is not a natural person and a bene0cial interest to Banowc r to sold or usadared) without Lender's prior written consent, Leader may require Immediate payment in full of 211 suns secured by this Security ImatmocaL However, thin option shall ram be eaasised by Leader it such wwchse is prohibited by Applicable Law. If Lauder c crck s this option. Leader shall give Borrower nation of acceleration. The notice shalt provide a period of not less than 30 days fermi the date the notion is given in socordsace with Shxdon 13 within which Borrower actst pay an sums sotvred by this Security lams'^ccat if Borrower fails to pay these sum prior to the expirsrloo of this period. Leader rosy invoie any remedies pumroltted by Chia Scanty lostntmant without fixtber notice or demand an Borrower. 19. Baaowa4 Right to Reiasrue After Aa>daatiw- If Bottower ateeta ceflain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of., (a) five days before sale of the property punmoss to any power of sue contained in this Security tmtrumcni: (b) such other period as Applicable law might specify for the termination of Borrower's right to rcirmtalc; or (c) carry of a lodgment enforcing this Security Instrument. Those are that Borrower; (a) pays Lender all sums which tam would be due under this Security trument and the Note as if no acceleration bad occurred; (b) arses any default of any other covenants r agrocohuuts; (c) pays all expenses Incurred in. enforcing this Security Instrument, indudiag, but not 'ted to, rnvomable attorneys' fns, property inspection and valuation few, and other Cos (earned for e jhaWsc of protecting Leader's Interest in the Property and rights under this Security £nstruntrnt; and d) cakes such union as lender may reasonably rolulre to assae rho Undoes Woven in the Property and u under this Scanity INmmntmt, and Borrower's obligation to pay the sum scored by this Security t. aha0 continue srarbangcd. Leader may require that Borrower pay such reinstatement suns expaasa in cue or more of the following Corms, as selected by Lander. (a) cash; (b) money order, (c) 'feed chock bads check, tracura's cheep or cassias dreek. provided my such cheek is drawn upon institution whose deposits are insured by a fndav) agony. Instrumentality or entity; or (d) Electronic ands Transfer. Apoa mdastatemams by Borrower, this Security iestrmnenr and obligations secured hereby remain fully effective as if no ptxdtsatintt bad occurred. However. tuts right to reWtate then not ly In the me of acceleration under Section is. TD. Sale or Noss; mange of Low Soviets; Notice of Grievrdsoo. The Nom or a partial interest the Noce (together with this Shxueuy Instrument) can be sold one or morn times without prior notice Borrower. A sale might react in a change in the entity (lmawu as the 'Loan Scrvieat') that con" Paymrats due under the Note and this Security lawament and performs other mortgage Iona obligations under the Note. this Security Inau>mml, and Applicable Law. There also mighe be or mom changes of tro Ian Servker umdued 10 a sale of the Note. N there is a change of the Loan . Borrower will be given written notice of the change which will state the mama and address of the taw Servleer, the addrea to which paymasa sboutd be made and any other information RBSPA in eounaWon with a ootia of transfer of servicing. If the Now is mid and theteaftcr the Loan Is bya Loss Saviar other trot the pmchas s: of the Now, the mortgage loan servicing obligations to Borrower will remain with the Loan Scrvicer or be aaatfissed to a successor Lma Servieer and era rot by the Note purchaser union otherwise pmvidad by the Note purchaser. Neither Borrower nor I-do may eonmuaec, loin. or be joined to any judictai action (as either an in ividuah 1)tgart or the member of a class) that arises from the ocher party's actions pormna to this San Me. MO wwu hag 12 of to eam11702pa'k 223 r.vrwo.vro Securrity Ibstrurrtent of that alleges that the other parry has breached any provision of, or any duty owed by reason of, this Security tnmmzue until such Borrower or Leader has notified the other party (with such notice given in compliance with the tegavaoana of Section 15) of such shelled breach and afforded ft other parry base a reasonable period after the giving of such notice to take oonmivc action. If AppUc*ie Law provides a time period which must elapse before certain anion can be take., that tits period will be deemed to be reasonable for purposes of this patagtaph. The notice of accdentlob and oppomasky to cum given to Borrower pursuant to Section 22 and the mice of acceleration given to Borrower pursuant to Section IS dull be darted to aatiafy the notice and opportunity to take corrective scion provlalous of this Section 20. 2t. 13aaadaan Substances, As used In this Sedan 21: (a) 'Haarctm Sutistancea' are timer subsea= defined as tonic or hazardous substances, pollutants, or wastes by FavironmmW Law and the fallowing tubstaatas: gasoline, kerosene. other fiatataable or trade peaolaun products, toxic pesticides and herbicides, volatile solvents, amaiah cooula)ng asbanos or famuldchyde, and radioactive orateriah; (b) Envimameaul Low" means federal laws and laws of the jurisdiction where rho Property is located than relate to beshh, safety or mvironmeptal protection: (c) •Euvirorunaael Clamp' includes any response action, terucdial acrioa, or removal action, as defined in Envimamental Uw; and (d) an 'Euviroummtat Conditioa* means a condition that can causes. Contribute to, or otherwise trigger an &abomocatd Borrower shall not cause or pewit The presence, use. disposal, storage, or release of any Hazardous Meow. of unseen to release any Haardous Sobaanow, on or In the Property. Borrower shall not nor allow anyone else to do, anything affecting the Property (a) that Is in violation of any virotauca i Lhw, (b) which creates an Faviroamcatal Condition. or (e) which, due to the presence, use, release of a Haaardous Substance, crates a condition that adversely affec s the value or the Property. e preceding two sauences shall not apply to the presence, use, or storage on the Propene of small unities of Hacmurdaus Substances slut are generally mcognbW to be appropriate to aoitnal residential s and to maintenance of the Property (including, but not ILnitad w. hazardous substances in wosutaer Borrower shall prozopdy give Lender written notice of (a) any investigation, claim, demand, lawsuit other action by any governmental or tagulatory agency Or private party tavalVlng the Ptupaty and any nsrdous Subsnmce err Environmental taw of which Borrower bas actual knowledge. (b) any dtoomatal Condition, Including but not li®tod to. any spilling, looking, discharge. :dense or Wrest release of any Hazardous Substance, and (c) any condition caused by We pnswa, use or release of a rardocu Suba voce which adversely .flan the value of the Property. if Borrower Isms, or is nodded any governmental or regulaoty authority. or any private party. that any removal or other nwuaiWtlon any Ha:ndous SubtUaoe affecting the property is oecasary. Borrower shall promptly false all necessary bodial actions In accordance with Bbvimaleatat Law. Nothing herein shell crate toy obligation on nder for an Environmental cleanup. NON-UNIFORM COVENANTS. Borrower sad (code farther covaaar and agree as follows: 22. Accdamo0. Remci ics. Trader shalt give ttoalx to Borrower prior to aomlaoalon followhrg wWx breach of any coveasat or agm®mt In this Security Durso (but not prior to scodemtion Section Bg udeas AppBobde Law provides adetwim). fader ftU notify Burrower at =oqg other c (a) the Wink W the action required m amt the ddaolC (e) wbm the defavuk taus be aped; and as fatluse W earn the dc&Wt as gtedfi A nay few& In amdxatiou of the auto aeaurad by WE ay tostatmeot. (credos ue by jadidal proceeding and We of the Property. Leader shalt further t,o.., Y._ qra Mute Aar 13 of 15 goalltMpa 224 e;e '? U-Mra COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND )' p ) Oa rhhs the l0 day of h ri l Za01 before me, WMLL4. C"173i the mtdersigaah officer,pasooWly Appmmd ANTHONY J. REED, ROSE M. REED Imowa tb tae (Or saticfictcrihy Ptuvm) to be tbe' peraoa(s) whose Barne(s) Ware subscribed to 0a wiwu tasavweot and sdmowlalgod that hefsbeltboy executed cite ware for the purposes therein coataincd in wimm wbaeof, f hetenato set ray hand and official ?Y "j Sigosllrrc 1 :.! ' • Nota.ul SOW `?; . a i . * • Mark fl. Gmga Notary ..-. j, q BWIOe. n!Ah. CgM1 ?.' •, ., Mr Cam(maslm., E> Ukas 4tlt /'• mrKt, r,Mlyylgmo ALPAram (Notary's Stamp and Embosser) s..,R. k aN "11w I.t 2001 I Title of Officer My mwaission expires. Shc[blol page /S of 13 eouNI702ncE 226 ft"11'" scam z „A. A" T7AT'CERVJN TRAM Of LAND SrTohr= ZN TRR VILLROC Or ULNOT SOTTOM IN 'lIO2 SOMASNIP Or DOM N611TCa19, COOM Of , ARM STATE Of PCUNMVAVIA, SOGNM AND 0E9MR0 AS POLLO" s BCODWM* At A POOM ZN TW CENTER Or PSAaWMVANZA StAU RIONNAX ROM No. 37 XPOW A9 TW HAM" SVTM Itaw, AT CM= Or LANDS NOM OR POSDIMY Or POW= V. ICCITBR. THE*= BY SAID 3WtM LAND: SOM 61-1/2 UMM NEST' 77.2 PWCR19 669 rm TO LARD mw OR PORNCR7.Y Of fRC97bN DRIOTRa TNWO= DY LRND NON bR,rO/I=Y or wits t. COC7TdT, CT Lac, 0OR79 6C-1/2 pCORR=C RRRT 78 PEW To A PO=Ti TRWCN =Y OTRCR LAND NON.OR TORM=RLY Of mm C. 0OC17iY, =T 09, gem 41-1/2 DCORC=9 An 4g2 ma TO vim cwm Of Tu Aram= NZOMTi TWO BY TIM CWSf.R or sup RZONNAY, 90018 96-3/6 DD9RW5 MET ES-1/2 mw Tct w KAM or S101lOrM. ' 770[ fASnu == LZSS 6A37 or DR.IVrARY no ALORO m Numm SDOR Of SID6W01LR•SST[AM OR TOR ROW LYDRO kWOM ='t TO TOM WT Of TIM LRND NCRZ= CONY M. WIIlO PA%= NO, 41-31-2230-069 .e0OX1702?ict 2w PREPAY RIDER Loan N%: PA01040309D8 DaM APRXL 9S, 2001 Botrdwer(sk ANWOS T S, REED, X083 K. (RAND FOR VALUE RECMVW, the undm:dped ('Bormwre) agree(s) that the Following p v#Wm shall be bworparatod Into and shag be damed to Amend OW tatpplamaat the blorWS4% Deed of That or Security Deed of even dale herewhh (the'Socm* Inatrumeaf) aaeuted by Hocro wa. as tnostof of mortpgor, in b%T of OOARAVT=1D Sous K03tTHAGN COI P"T, nra., A MM YORK ca"03tATX= (%Xodte), w beaeSdxy m mortgagee, and sh o logo that oattafa prombsoty note of eves date bmwa ith (tbe 'Note) exaasted by Borrower in hwor of Leader. To the extent tut the previftes, of thh prepayment Rider (the'Riden am i4va"beeat with the provlsioac of the Shcurtry Lestromeat sadbr the Note, the provisions of this Rider stall pteva0 ova and shall supersede any Soeh incowtacut pcavbkms o(tbe Security imtrumenr aadtor the Note. Scaioa 4 of the None is amended to read in in entirely as follows: EORROwER'S RIOHT 10 PREPAY; rlifP' AYMBKr CK4ROE I bave the right to nuke payments of priedpal at any time Wort; they are due. A payment of principal caly is knoam a a'prepayment.• Muss I make a prepayment. I will tell the Note Holder In writtag that I am doing so. Tale Note bolder will use all of aq prepaymewts to reduce the amount of prindpat that tone under this Note; U I make a pw w prepayment, there erpl be ao Changes id the due dates of nay 10001chly payments soles the Note Holder agrow in Writing to those changes. If "00 TE33MY 812 ( 36 ) mouths 4om the eta of a mcotiou of the Security Instrument I make a lull or pwM pmpayw=t(a). I will pay a prepayment charge la an amount equal to a perommae of the principal so pmpdd in accordance with the following schedule: If paid during the first year from crate be re:of, T&MIC percent (3.000 %) of the portion of such prepayment equal to the prhaelpal iuowrt so ptcl ald. If paid during the second year from date hereof, T=ZIk percent (3.000%) of the parties or such prppaymeot egaet to the principal aewum so prepaid. If pald dndag the third year from ate he m& 2UM percent (3.000%) Of the portion of Such prepayment equal to the pddpd am um so prepaid. If paid daring the foarm year from date haw& x/A paaut P/A %) of she portion orsudn prepayment equal to the principal amount w prepahl. It paid during the Eft year from the date hereof, E/A patows (K/A %) M revel amen Page I o( I 0"1702'i 228 rraratawa v of ssafit p" WO, 6,1M4 a °` amom?s so Ff of the poxb se Rolm Y. R&M Dice Bortmer I Certify this to be recorded In Cumberland County PA .1 9 Recorder of Deeds to" 4,IA342or2 eot*1702aw 229 SWAM= EXHIBIT Al Tic I C. Q z' 1er?8 o iDael NOTE Loan Number PA01040302UB WALNUT BOTTOM NEW YORK Icityl ]Statel 117 E. MAIN STREET, WALNUT BOTTOM, PENNSYLVANIA 17266 [Property Address] 1. [BORROWER'S PROMISE TO PAY !a return fora loan that I have received, I promise to pay U.S. S 91, 800 .00 (this amount is c led "Principal"), plus interest, to the order of the Lender. The Lender is GUARANTEED HOME KOR GAGE COMPANY, INC., ANEW YORK CORPORATION I will make all payments under this Note in the form of rash, check or money order. uodersland that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. RiTEREST BInterest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay ,,?"(?( ???(C int t at a yearly rate of 12.250%. e interest rate required by this Section 2 is the rate I will pay both bef?(-T31eC?"lZ l1f1ED. desc bed in Section 6(B) of this Note. A t? r 1 3. AYMENTS F?3 A) Time and Pla a of Payments will pay principal and interest by snaking a payment every month. will make my monthly payment on the 30th day of each month begianin 200 1 will make these payments every mouth until I have paid all of the prinerest and 'any other charges described below that 1 tray owe under this Note. Each monthly payapplied as of its se edoled due date and will be applied to interest before Principal. If, on AP203 .1 still owe amounts under this Note, 1 will pay those amounts in full on that date, which is called the " aturity Date." Iwillmake my monthly payments at 855 AVENUE OF THE AMERICAS, SUITE 400, NEW YORK, NEW YORK 10001 or at a different place if required by the Note Holder. Amount of Monthly Payments y monthly payment will be in the amount of U.S. S 961 . 97 4. I only am do due I Holder Note I applyit will be in writ s. L! If the ini permiu to the IRROWER'S RIGHT TO PREPAY ** See attached Prepayment Rider. ave the right to make payments of Principal at any time before they are due. A payment of Principal known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that 1 ig so. I may not designate a payment as a Prepayment if I have not made all the monthly payments fer the Note. nay make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the older may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before g my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees rig to those changes. tN CHARGES law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that est or other loan charges collected or to be collected in connection with this loan exceed the limits, then; (a) any such loan charge shall be reduced by the amount necessary to reduce the charge :rmitted limit; and (b) any sums already collected from me which exceeded permitted limits will be MULT ATE FOtED RATE NOTE-Single Family-Fannie Mae/Freddi, Da rw... k. Mp 649613C Page 1 of 3 Form 3200 1/01 ?. ?.. : 6. will only 30 as have ded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a d Prepayment. )RROWER'S FAILURE TO PAY AS REQUIRED J Late Charge for Overdue Payments the Note Holder has not received the full amount of any monthly payment by the end of 15 r days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge 5 . 000 % of my overdue payment of principal and interest. 1 will pay this late charge promptly but ice on each late payment. Default 1 do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. Notice of Default I am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the e amount by a certain date, the Note Holder may require me to pay immediately the full amount of al which has not been paid and all the interest that I owe on that amount. That date must be at least i after the date on which the notice is mailed to me or delivered by other means. p No Waiver By Now Holder yen if, at a time when I am in default, the Note Holder does not require me to pay immediately in full ribed above, the Note Holder will still have the right to do so if I am in default at a later time. ) Payment of Note Holder's Costs and Expenses the Note Holder has required me to pay immediately in full as described above, the Note Holder will e right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not ted by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. IVING OF NOTICES Ness applicable law requires a different method. any notice that must be given to me under this Note will given by delivering it or by mailing it by first class mail to me at the Property Address above or at a differ nt address if I give the Note Holder a notice of my different address. ny notice that must be given to the Note Holder under this Note will be given by delivering it or by mailin it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different addres if I am given a notice of that different address. 8. LIGATIONS OF PERSONS UNDER THIS NOTE I more than one person signs this Note, each person is fully and personally obligated to keep all of the proml s made in this Note, including the promise to pay the full amount owed. Any person who is a guaran or, surety or endorser of this Note is also obligated to do these things. Any person who takes over these bligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to kee all of the promises trade in this Note. The Note Holder may enforce its rights under this Note against each rson individually or against all of us together. This means that any one of us may be required to pay all of le amounts owed under this Note. 9. AIVERS I d any other person who has obligations under this Note waive the rights of Presentment and Notice of Dis onor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notic of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due ha a not been paid. 10. RM SECURED NOTE is Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protect ns given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Dad (the "Securi y Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might ult if I do not keep the promises which I snake in this Note. That Security Instrument describes how exune" J,..• W. MA acixx Page 2 of 3 Forth 3200 trot and this ..._ (Seal) -Borrower (Seal) -Borrower - (Seal) -Borrower -Borrower _ (Seal) -Borrower _ (Seal) Borrower [Sign Original Only[ Dermas skow.. 1M. Ma 649-13a what conditions 1 may be required to make immediate payment in full of all amounts 1 owe under Some of those conditions are described as follows: If all or any pan of the Property or any Interest in the Property is sold or transferred (or if >rrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without nder's prior written consent, Lender may require immediate payment in full of all sunts secured this Security Instrument. However, this option shall not be exercised by Lender if such exercise prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice all provide a period of not less than 30 days from the date the notice is given in accordance with ction 15 within which Borrower must pay all sums secured by this Security Instrument. If grower fails to pay these sums prior to the expiration of this period, Lender may invoke any medics permitted by this Security Instrument without further notice or demand on Borrower. THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED ROSE M. REED Page 3 of 3 Forth 3200 1/01 0 0 Loan Number PA01040302VE PREPAYMENT PENALTY NOTE ADDENDUM Fora luable consideration, receipt of which is hereby acknowledged the undersigned agree that cenain Promissory Note eleven date to which this Addendum is attached, shall be subject to the following provisions, notwithstanding any pr Isions to the tbntrary contained in said promissory note or the Deed of Trust, Mortgage, Real Estate Mortga e, Security Deed (Security Instrument) securing same. This dendum is attached to and made a parr of that certain Promissory Note given by ANTHONY J. REED, ROSE M. REED (Borrower) to aUA TEED HONE MORTGAGE COMPANY, INC. (Lender), dated APRI 25, 2001 which Note is in the principal amount of S 91 , 800. 00 PREPAYMENT PENALTY After THREE ( 3 ) full years from the date hereof, maker may prepay In whole or in part, without enalty, the then outstanding principal balance. In the event maker prepays any portion of the outstanding principa balance and accrued interest during the first THREE ( 3 ) years from the date hereof, Maker shall pay in addition to such prepayment a penalty in an amount equal to a percentage of the principa portion of the amount so pre-paid in accordance with the following: f paid during the first year from the date hereof, THREE percent (3.00o %) r the portion of such prepayment equal to the principal amount so prepaid. f paid during the second year from the date hereof, THREE percent( 3, 000 %) f the portion or such prepayment equal to the principal amount so prepaid. I paid during the third year from the date hereof, THREE percent ( 3.000 %) f the portion of such prepayment equal to the principal amount so prepaid. paid during the fourth year from the date hereof, N/A percent ( N/A %) f the portion of such prepayment equal to the principal amount so prepaid. paid during the fifth year from the date hereof, x /a percent ( N /A %) f the portion of such prepayment equal to the principal amount so prepaid. Holders 11 apply any prepayment first to reduce any interest and charges owing at the time of such prepayment and then to educe the amount of principal owed under this Note, provided that such balance shall be applied to the principal In reverse order of the due date of each payment and shall not otherwise affect or delay the due date of the next ent under the Note. C ? Borrows Date Borrower Date ANT80 Y J. REED ROSE M. REED Borrowe Date Borrower Dale Borrows Date Borrower Date YR-E-PAYMEVT PEKALTY NdrR ADDENDUM D?s,r m 6r. (roo)M VQ rYRITATN•3" 0 ALLONGE 4/25/2001 S91,800.00 Interest Rate: 12.250% Anthony J. Reed and Rose M. Reed Address: 117 E. Main Street Walnut Bottom, PA 17266 Y TO THE ORDER OF WITHOUT RECOURSE: Y: 0 Guaranteed Home Mortgage Company Inc., Dawn Fineran, Assistant Secretary EXHIBIT A2 02/27/2006 17:20 TEL 7173997794 J CONRAD 032 Lo Nt 3893121 '-;?:'RT P. ZIEGLER Tax CODN/Pia: JDfiOEfl RTGAGE S OF DEEDS OF MO A88IONM8N a Ede AND C - OUNTY-, F 000D A? VALUABLE CONSIDERAS20N, the sufficiency of is srsby acknowledged, the undersigned, B 3 fll710 21 Bow NORTGAGE w ho me address is 835 AVE of the Americas, New York, NY 10 )01 (assignor), by hose presents does convoy, grant, sell, assign, transfer and sot over the described mortgage together with the certain note(s) de ribed therein together with all interest secured thereby, all lions, and any rights due or to become due thereon to P FINANCIAL SRRVICBS,ZNC. an hic Corporation, whose address is 30 Vine Street, Cincinnati, ON 45202, (assignor), Sa mortgage dated 04/25/01 in the amount of $91,900.00 made by AM DWY J REED AND ROSE N USED to MARANT330 HOME MORTGAGE COMANY INC rec orded on 05/07/01, in the Office Of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, in Nook 1702 , Pa a 212 (or Document No. ) Me tgage Premise:117 EAST MAIN STREET S NEWTON TNP WALNUT BOTTOM, PA 17266 In Witness whereof, the said Corporation has caused this instrument to be executed in its corporate name by ELSA MCKINNON it AUTHORIZED SIGNER and authorised signer, thi s 24th day of December, 2002 GUX RANTNZD 801® MORTOAGB AUTHORIZED 810M ST PTE OF FLORIDA COUNTY OF PINELLAS On 12/24/2002 before me, JERRY SEVILLE the Undersigned, No ary Public, personally appeared ELSA MCKINNON wh acknowledged to be the AUTHORIZED SIGNER of GU EED ROME MORTGAGE a corporation, and that s/he as such, being authorised so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by themselves as such corp- orate officer IN 17NESS REO , T hereunto set my hand and official seal. s"war.samanakr JB Notary is aye ee?Mam$ My a 'on expirea:ll/14/2006 ow" ow* IM43D404 P4ofte gAvn.am 1 , do cwtify that the Wilma of die above agpoo iu PCP POVANCIALSBRVICBSJNC. m io Co1poruwo. wnm addta110. 309 ins Stmot, Cls caM, OR 45202. (anIgnor), F by: A.OnhmINTC,2100 Alt 19 M., Palm Ruboc, FL 34693 turn to: tionwide Title Clearing 100 Alt 19 North ale e Harbor, FL 34693 boos 694 9AOf v 161 EXHIBIT A3 4125100 11.29 FAX _ MORTGAGE LOAN SERV Im001 This Pisburnest prepared by: PCPS AoW 0003833121 and ould berrnuued to: .ASSIGNMENT of M0RTGAGUDEED OF TRUST Transfer sad AWgarurot Is made rids 30th day of Jim, 2003 by and between PROVIDENT BANK, whose address is One & Fourth Street, Cincinnati, OH 45202, a corporation organized and existing undo the of the State of Ohio (herein referred to as "Assignor") and -TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 scaddreasisc/o 500 P.nterprisi"Ad. Horsham, PA 19044 poration organized and existing under the laws of the State of UT thereinafter restated to as "Assignee"). in cousideradom of the sum of ono data ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are ekmowledged, Assignor hereby transfers and assigns unto Assignee its interest in and an that catkin Mortgage, Deed of Trust or Deed (the "Mortgage") which is more fully described as follows: MORTGAGER(s): Anthony J Reed PRINCIPAL AMOUNT: $ 91,500.00 DATE OF EXECUTION: 4/2 512 00 1 LEGAL DESCRIPTION: see attached Exhibit 'A" PARCEL JD04UFICAUOW DATE OF RECORDING: $'-L /POUT BOOK: PAGE: MICROFICHBor INSTRUMENW: 13apV ?l'?rE COUNTY: Calnb9.rtaXd 4m: DorTrrs4yC&n tw Together with (he rights of Assignor under the rtotc or notes, any and all loan agreements, security agreements, and all other documents exopirsed in conjunctloa with the loan traasacnon including the indebtedaesa, without rbcourse, cvldeheed by the Note and accused by Inc Mortgage mmeyiny the property and all rights, privileges and powers of Assignor in, m, or under the Note and the Mortgage. IN WITNESS WHEREOF, Assignor has mused the Assignment to be etecutai by to; duly authorized officer(s) and has caused its corporate seal to be stated hereto on the date frost above written. "Assignor" Wien` ? Printed Name. I sur® Hill Witness 5??7 Its: Senior or Vice Vice president STATE OF OHIO COUNTY OF HAMILTON The foregoing instrument was aclTOwledged before ten, a Notary Public, this 30th day of Joe. 2003. By Lauren Hill its Senior Vice President on behalf of the corWaiden. flw&&they Were PONOWIlly known to me m has produced satisfactory evidence to be the pcrsem(s) whose name(s) il*c ribed m the wimin insbrment My , (!a? OIANN R. BEATTY NO?J' Public Numn PMC6 311111 of Q* WtLaaam10almfama';801 EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF emg duly sworn according to law, deposes and says: I am employed in the capacity of 2GP at GMAC Mortgage ss. mstant follows to cure , mortgage servicing agent for Plaintiff in the within matter. In said capacity, I am familiar with the account that forms the basis of the action and am authorized to give this Affidavit. I am the custodian of records for the within matter. All proper payments made by Defendants have been credited to ts' accounts. Defendants' mortgage payments due October 28, 2005 and each month are due and unpaid. The amounts due on the mortgage were correctly stated in the Complaint as :ipal Balance $90,064.44 est $4,746.11 September 28, 2005 through March 3, 2006 (Per Diem $30.23) mey's Fees $1,250.00 ulative Late Charges $200.71 April 25, 2001 to March 3, 2006 of Suit and Title Search 550.00 Subtotal $96,811.26 )w Credit $0.00 )w Deficit $2,854.51 TOTAL $99,665.77 Defendants have failed to reinstate the account or offer any reasonable solution arrears on the past due mortgage payments. Plaintiff provided mortgagors with a Notice of Intention to Foreclose but Defendants did not take the necessary affirmative steps to avoid foreclosure. Plaintiff properly accelerated its mortgage to protect its interests. Name: Cso F??y ?.as Title: Fo?cc%s?/c Spec/,s?` GMAC Mortgage Corporation TO AND SUBS RUBED ME,THIS oit PYY OF PUBLIC File Name and Number: Anthony J Reed and Rose M Reed, Account No.: 0833001250 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Debra A. Pond, Notary Public y MYHCommission Twp., EMxppirtesD cc. 13,20M08 Member, Pennsylvania Association of Notarise EXHIBIT C PHEL SCHMIEG, LLP = LA ET. ESQ., Id. No. 32227 FRA . HALLINAN, ESQ., Id. No. 62695 ONE t CENTER PLAZA, SUITE 1400 PHIL PPA 19103 (215) 53 -7000 TRUMAN CAPITAL MORTGAGE LOAN 500 E1` V. A/K/A 117E) WALT ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. ©(g - (2Vf Defendants CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE pages, y, entering or objecl proceed any mon lose mot LAW) WITH YOU WIT: PERSONS IT 2004-1 'RISE ROAD, SUITE 150 PA 19044-0969 Y J. REED REED ISE M. LORD 'MAIN STREET BOTTOM, PA 17266 u have been sued in court. If you wish to defend against the claims set forth in the following must take action within twenty (20) days after this complaint and notice are served, by vritten appearance personally or by attorney and filing in writing with the court your defenses is to the claims set forth against you. You are warned that if you fail to do so the case may thout you and a judgment may be entered against you by the court without further notice for claimed in the complaint or for any other claim or relief requested by the plaintiff. You may or property or other rights important to you. U SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A 30 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU IRMATION ABOUT HIRING A LAWYER. eOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE tT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File N: 131 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 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. File N: 1. Plaintiff is JMAN CAPITAL MORTGAGE kN TRUST 2004-1 ENTERPRISE ROAD, SUITE 150 tSHAM. PA 19044-0969 2. 11he name(s) and last known address(es) of the Defendant(s) are: NTHONY J. REED DSE M. REED 'K/A ROSE M. LORD 7 EAST MAIN STREET ALNUT BOTTOM, PA 17266 is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. O 04/25/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises h reinafter described to GUARANTEED HOME MORTGAGE COMPANY, INC. which m rtgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1702, Page: 212. By Assignment of Mortgage recorded 2/3/2003 the mortgage was A signed To PCFS FINANCIAL SERVICES, INCORPORATED which Assignment is recorded in Assignment Of Mortgage Book No. 694, Page 161. PLAINTIFF is now the legal owner of the in rtgage and is in the process of formalizing an assignment of same. 4. Tl a premises subject to said mortgage is described as attached. 5. T e mortgage is in default because monthly payments of principal and interest upon said m rtgage due 10/28/2005 and each month thereafter are due and unpaid, and by the terms of said m rtgage, upon failure of mortgagor to make such payments after a date specified by written no ice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible File H: 131862 6. 1rhe following amounts are due on the mortgage: Principal Balance $90,064.44 Interest 4,746.11 09/28/2005 through 03/03/2006 (Per Diem $30.23) Attorney's Fees 1,250.00 Cumulative Late Charges 200.71 04/25/2001 to 03/03/2006 Cost of Suit and Title Search 550.00 Subtotal $ 96,811.26 Escrow Credit 0.00 Deficit 2,854.51 Subtotal 2,854.51 TOTAL $ 99,665.77 attorney's fees set forth above are in conformity with the mortgage documents and Isylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If vortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. No ice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency As istance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as req fired by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because De endant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit co seling agency, or has/have been denied assistance by the Pennsylvania Housing Finance 9. 99,665.77, and other c mortgaged action does not come under Act 6 of 1974 because the original mortgage amount exceeds , PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ ther with interest from 03/03%2006 at the rate of $30.23 per diem to the date of Judgment, and charges collectible under the mortgage and for the foreclosure and sale of the PHELAN HALLMAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLMAN, ESQUIRE Attorneys for Plaintiff File 4; 131862 LEGAL DESCRIPTION ALL THAT CER TOWNSHIP OF BOUNDED BEGINNING A AS THE WALT THENCE BY S. OR FORMERL UX, NORTH 61 OF MARK E. C AFORESAID F 1/2 FEET TO T THE EASTERN SITUATED ON BEING PARCEI BEING THE SA TAMEY K. REE PROPERTY BE TRACT OF LAND SITUATED IN THE VILLAGE OF WALNUT BOTTOM IN THE H NEWTON, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, DESCRIBED AS FOLLOWS: A POINT IN THE CENTER OF PENNSYLVANIA STATE HIGHWAY ROUTE NO. 33 KNOWN T BOTTOM ROAD, AT CORNER OF LANDS NOW OR FORMERLY OF DONALD F. KEITER, D KEITER LAND, SOUTH 42-1/2 DEGREES WEST 27.2 PERCHES 449 FEET TO LAND NOW OF PRESTON BAKER; THENCE BY LAND NOW OR FORMERLY OF MARK E. COCKLEY, ET /2 DEGREES EAST 78 FEET TO A POINT; THENCE BY OTHER LAND NOW OR FORMERLY CKLEY, ET UX, NORTH 41-1/2 DEGREES EAST 462 FEET TO THE CENTER OF THE iHWAY; THENCE BY THE CENTER OF SAID HIGHWAY, SOUTH 46-3/4 DEGREES WEST 65- H PLACE OF BEGINNING. i LIES EAST OF DRIVEWAY AND ALONG THE WESTERN EDGE OF SIDEWALK ROAD LYING IMMEDIATELY TO THE EAST OF THE LAND HEREIN CONVEYED. 41-31-2230-069 PROPERTY CONVEYED TO ANTHONY J. REED BY DEED FROM ANTHONY J. REED AND HIS WIFE, RECORDED 05/31/1994 IN DEED BOOK 106 PAGE 193. 117 EAST MAIN STREET File 4 : 131862 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF that Plaintiff is outside the jurisdiction of the court and or the Verification could not , in this tter be ob d within the time allowed for the filing on the pleading, that he is authorized to make this verifi 'on pursuant to Pa. RC. P. 1024 ( c) and that the statements made in the foregoing Civil Action Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct t the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substi to a verification from Plaintiff as soon as it is received by counsel. understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: _ EXHIBIT D VS. a/k/a IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CAPITAL MORTGAGE, CIVIL DIVISION Plaintiff Case No.: 06-1276- Civil Term J. REED and RSE M. REED M. LORD, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE NOW come(s) the defendant(s) by and through attorney Frank E. Yourick, Jr., and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. Paragraphs 5 and 6 of the complaint are denied. Specifically, it is denied that the alleged amounts due on the principal balance, interest, court costs, escrow overdraft, late and attorney's fees are accurate. The debtor cannot verify the actual amounts due as this is exclusively within the control of the plaintiff and strict proof thereof is demanded at timelof trial. NEW MATTER - AFFIRMATIVE DEFENSES answering Defendant(s) will rely upon all of the following defenses: 1. Plaintiffs cause of action is in violation of the Fair Debt Collection Practices Act, 11 USC 1692-1692a. 2. Plaintiff's cause of action is barred in whole or in part by the doctrines of waiver land estoppel. the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the this action be delayed for ninety (90) days until the defendant(s) can bring the current. I? Frank . Youric , squire Pa. ID # 00245 q-I P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 CERTIFICATE OF SERVICE certify that on the 31st day of March, 2006, I served a copy of the Answer to Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, P 19103-1814 Frank E. Yourick, , squir Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 EXHIBIT E PHELAN NALLINAN SCHMIEG Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FAX: (215) 563-4491 Email: keri.clae sy a fedphe.com Keri P. qlaeys, Esquire Litigatio Department MaAG, Office o the Prothonotary Cumberl d County Courthouse One Co ouse Square Carlisle, A 17013-3387 ?xVtVizo Representing Lenders in Pennsylvania and New Jersey* Re: an Capital Mortgage Loan Trust 2004-1 v. Anthony J. Reed, et al. berland County CCP, No. 06-1276 Dear E closed please find Plaintiffs Reply to Defendants' New Matter to Plaintiff's Complaint and Certifica on of Service for filing with the court. Please return a time-stamped copy of the first page of the Reply an( Certification in the enclosed self-addressed stamped envelope. Your cooperation in this matter is annreci ted. Very en . Cl eys, Esquire KPC1nag cc: Fr E. Yourick, Jr., Esquire G AC Mortgage Corporation (Horsham, PA ) A unt No.: 0833001250 * Please be dvised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If u have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should n t be construed to be an attempt to collect a debt, but only enforcement of lien against property. PHELA HALLINAN & SCHMIEG, LLP BY: K i P. Claeys, Esquire Identific ation No.: 91298 One Per n Center at Suburban Station, Suite 1400 Philadel hia, PA 19103-1814 (215) 56 3-7000 Truman Capital Mortgage Loan Trust 2004-1 Plaintiff vs. Anthon J. Reed Rose M. Reed A/K/A Rose M. Load Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-1276 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Reply to Defendants' New Matter was sent via first clas mail to the person listed below on the date indicated: Frank E. Yourick, Jr., Esquire P.O. Bo 644 Murrysville, PA 15668 Date: b P. Claeys, Esquire Attorney for Plaintiff PHE HAI LINAN & SCHMIEG, LLP By K ' P. Claeys, Esquire Idantifi tion No.: 91298 One Pen i Center at Suburban Station, Suite 1400 Philadel hia, PA 19103-1814 (215)56 -7000 Tnrrnan ?apital Mortgage Loan Trust 2004-1 Plaintiff vs. Anthony ?i. Reed Rose M. eed AWA Rose M. Load Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-1276 PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Truman Capital Mortgage Loan Trust 2004-1, by its attorney, Keri P. Claeys, Esquire, hereby fibs the within Reply to New Matter of Defendants Anthony J. Reed and Rose M. Reed A/K/A Rose M. I? Oad and in support thereof states as follows: incorporates herein by reference the averments of paragraphs one (1) through nine (9) of its Compl?int as if set forth herein at length. Denied. The averment of paragraph one (1) contain conclusion of law to which no response io necessary. By way of further of response, the Plaintiff responded to the Defendants' Fair Debt attached1 2. no resnon Practices Act letter on May 1, 2006. A true and correct copy of the Letter is made part hereof and marked as Exhibit A. Denied. The averments of paragraph two (2) contains conclusions of law to which is necessary. Plaintiff respectfully requests that the Court enter judgment in its favor and against as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 15116 BY: Keri P. Claeys, Esquire Attorney for Plaintiff EXHIBIT A FILE COPY One Penn Center at Suburban Station 1617 J.F.K. Blvd., Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-4491 Email: keri.claeys@fedphe.com Keri PClaeys, Esquire Litiga n Department, Ext.1245 Representing Lenders in Pennsylvania and New Jersey' May 1, 2006 Frank . Yourick, Esquire P.O. B x 644 Mum ille, PA 15668 Re: ruman Capital Mortgage v. Reed lCumberland County CCP No. 06-1276 Dear Mk. Yourick: his letter is in response to your request submitted to our office on March 31, 2006, f r verification of the validity of the mortgage debt in the above-referenced mortga a foreclosure action. Please be advised that the Plaintiff, is seeking the sum of $99,66 .77 plus interest from March 3, 2006 at the rate of $30.23 per diem to the date of judgme t, plus other costs and charges collectible under the mortgage. I have enclosed a reinstat ment and payoff figure good through April 28, 2006. These amounts are due because of the default and the subsequent acceleration of the debt. Since the debt of the mortga a loan has been accelerated due to the default, regular monthly mortgage me I will not be accepted unless the default is cured in its entirety. pay lease also be advised that the original lender of the Defendants' mortgage was Guarant ed Home Mortgage Company, Inc. Enclosed please find a copy of the Defen ts' mortgage. indly be advised that the Defendants have the right to bring their loan current up until on hour before a scheduled Sheriff's Sale, in order to avoid foreclosure- In order to obtain either an up to date payoff figure or a reinstatement quote, you must contact Ray Bagley f our office at (215) 563-7000. Please be advised that our office is proceeding with the foreclosure action. • PI a be advised that this firm is a debt collector attempting to collect a debt. Any information received will b used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not r firmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only e orcement of lien against property. LI PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax(215)568-0719 E-mail fcresolution(@fedphe.com Foreclosure Dept. Representing Lenders in Pennsylvania & New Jersey RRINSTATEMF.NT FIC.IJRF. NAME: REED, ANTHONY I & ROSE M. LOAN # 0833001250 DATE: 4/18/06 GOOD TSRU 4/28/06 Total Payme t Amount (7 Payments) $9,631.41 Late Charges $1,393.24 Property Ins ections/Preservation $449.00 BPOs/Appra sals $390.00 NSF Fees $40.00 Speedpay F s $16.00 Attorney C;os s $707.50 Attorney Fees $650.00 TOTAL $13,277.15 ALL FUNDS MU T BE IN CERTIFIED FORM MADE PAYABLE TO YOUR MORTGAGE CO. Pknc be advised dw lhis firm adeM wllxwratleangiegbwlbxladeb. Myinbrmatbnrceived will boned 6srtbYpurpou.Ifyw have r<ceivW •diubargc in baNsnptry, aMNn dcb was wttallinn[d, Nis awcund and tMuW wtbe cenWUed bbew anntspsbanen adebL but ally mfax,MMOfa lien againa p<pcty. k ofNedac ofNismmnt iw,Yw ow<tbe taroum apeified. Recaoseofiotaal.4te Wrg4 srd oNer diugu Nt niaY Vary fiom daYbday. Ne amouN doe on Ne daY You WYmaY bnyasa. n fywpay unwrd shown above,wadjustasdd m.rb<MCeavrr,mw<rariv<YOnrfiect,bwhin8 even we win inform Jan before dcponting tl?cchcck far wllmbn. Fw fufinller informal w, writ<NeuMcrsigned oral)(115156]-7000aM art! Ne FOralmvrt Raolutiw Dcpwnnx If Nis is the fins wrier Nat lout rcavd lion shisoRce,b<advisd Na: You may dispute Ne validity Of Nc'dcbsawY P^nwn Nneof. Ifyoudo so in writing within tWay(30rIftsof msiPt of Nis Wtu, Nis lion 'll obtain all provide Yw written vcificasion Onrwf, ahcrwsu, the dell will be assorted b fie valid. litrwise, You may mgeen Ne ame all adduu of N< origiwl cretlitor ifdi Reratfio about. LA PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution a)fed he.com Resolution Dept. Representing Lenders in Pennsylvania & New Jersey PAYOFF FIGURE NAME: REED, ANTHONY J: & ROSE M. LOAN # 0833001250 DATE: 4/18/06 GOOD T14RU 4/28/06 Fnnctpal13 ance $90,064.44 Late Charge. $1,393.24 Property Ins tions/Preservation $449.00 BPOs/App 'sals $390.00 NSF Fees $40.00 Speedpay Fe es $16.00 Interest $6,466.10 Escrow Adv ce $3,273.41 Kecoramg r $27.00 Attorney Cos s $707.50 Attorney F $650.00 TOTAL $103,476.69 ALL FUNDS MU T BE IN CERTIFIED FORM MADE PAYABLE TO YOUR MORTGAGE CO. PMne beaevvd dm u:a uadrLrWMmratlmrpingbmtlaaadebt AnYin6ema6oo recwvd will he uaMfor ma purpm<. VYOU Wverecdved•dirluxge io bmknptcY ad mis aea w., nw realruowd, mix . timtaM rawa na xawtraef mhe ai almroplmwllct,aeG,hmmdrmdmnm,en arafim aeainpP?r As afore dMeofmu you ow<ore ammvn apxifwf: gecMUCOfioxrxal, Wechugn,aMMlwcbvgexma ou ?Y•mc um?urt due on mcd.Y,oa P^Y maY x tie 9etl>. Nmre. ifYau MY vuamtxbwn.6avS an Wjusmrcnt m.Yhoeoeury NC we rtodve Yavdiak. in Mticb evrnx we?u fam you keu»c ae?mifi? m<d?a mx wlMfim. Fm mwr, mmrm on, wrim meuMuvgrbf or dl(213)Shc-yOW aMa#fw me Fareelovme Reblution Depanmmt. Ifmix ix me first notice tlW ' lout recdved barn mu office, 6c advised mm: You nuy diapmc me validity ofine de6l or ny Portion memof. Ifyou domin waiting within rainy (y6l days of receiq ofm n Mier, this firm ll obtain aM provide you wriPm vmifiwian mueoe qM ixe, IM1e ddn wip be asxw?d b be nod. Likewixc, yvu maY request the name aM add?rsx of me t ..4 r .7 -- _C-v c 3$$ 31a ? FLfE:?7'. 271-71'LER RECORDER GF DEEDS GMERL,1040 GCUNTY-PA '01 FiRY 7 Pfd 3 02 After R riling Reltao To: G NTEED HOME MORTGACE COMPANY, INC. 855 VENUE OF THE AMERICAS, SUITE 400 NEW ORK, NEW YORK 10001 Loan Number PA01040302UB (Sqe Abo.o Y64 Utc Rw Rmaa ft MORTGAGE Words sed to multiple mclions of this document are delisted below and odw wards are defined in SetXions 3,11.13. Ig. 20 and 21. Ccrtaia rules regarding the usage of words used io this document arc also provided is Section IC (A) OS catity fnstrmornr means this daaureem, which is dared APRIL 25 , 2001 together 'th all Riders to sets doauacaL (B) ei is ANTHONY J. REED AND ROSE 14. REED Borrower is the mortgagor under this Security laurument. (G) • •ls GUARANTEED HOME MORTGAGE COMPANY, INC. Leader a NEW YORK CORPORATION orgsalzed aid 'Tttg tinder the laws of NEW YORK LCM s tss is 855 AVENUE OF THE AMERICAS, SUITE 400, NEW Y02K, NEW Y RK 10001 Lcadet isthe mortgagcc under this Security Insuume t. (D) ' 'meaos the prominory once signed by Borrower and dated APRIL 25 . 2001 . The Note staves drat Borrower owes Leader NINETY ONE THOUSAND EIGHT HUNDRED AND 00 100 Dollars (U.S. S 911 $00.00 ) plus iatff=. [rawer has promised to pay this debt in regular Periodic hyW= and to pay the debt in fail not lnea APRIL 30, 2031 ? am us the property &A is dc=bxxl below under the heading 'Transfer of Rigbts in the 0'1 tunas the debt evidenced by the Nate, plus interest any Prepaymeat Charges and time rhmges due under the Notts. and all auas due adder this Soc city bstatmcm, plus interest. (G) 'mesas all Ridca to this Security lastnaneat dtat are txmuwd by Borrower..Tbo following Riders are to be executed by Borrower (dm& box as applicable): Wow 3,'-* w. e+ 4= pw I or is RGA7021g0E 2V c.,.r O"i- 13 P? ocdi two m eb (1) dnfr,o compuu on aao transact (IC) '1 by any 1 durage PtopM7 Value as the Loa (N) I the Not time, or in this s to a 'fc loan' to (P) 'S tax that .djustable Rate Rider ? Candomioiom Rider ? Second Hertz Rider Wlooo Rider ? Plmned Unit Development Rider ® Otbcr(s) (gxrify) 4 Family Rider ? BiwcWy Payment Rider Prepayment Rider gwUc bk [sal' meant ab catttnaiag VOX We &&W. slate and local st2tUta reglduiotis, es and administrative mks and otdets (that have the effect of law) as well as all applicable final, adabtc judicial opinbds. ;maaumily Aasodmion lag. Foes, and Am m icsW mezos all dues, fns. assessmem and other that are imposed an Borrower or the Ptopeny by a coadomlaiem association. honswww a on or similar onaniration. lemunie Reeder Ttansw mem any mntfer of &nda. other thm it stumaaion ongimatod by check. similar paper hLitntmrnt. which is ioitiated Mme ati electronic tantleW, tdcpbook ice. r. or ampcfie tape so as to order. instruct. or aodwrize a financial institution to debit or credit at. Such term iodadcs, but Is to limited to. point-of-sale transfers. mmmated War machine ws, ttaasftaa ioit}ated by telepbooc, w4v transfers, and aamtrwed deal ahoute transfers. semw Blau' means there arms Oat ate described in Section 3. liscellucom Pf zew auras any maprnsuiat, scWcmcm, award of damages, or proceeds Paid drd party (other Wan insmaute pmocnis Paid under the coverages described in Section 5) for (i) to, or destruction of. the Propmr. (u) modeuwalioo or other taking of all or any pan of the ; (iii} Conveyance in lieu of condemnation or (iv) misrepresentations of, or omissions as ia, the or condition of the Property. i,ftW Iasmance tnra>G insurance prowtua Leticia against the aoapaymem of. or default on, die Pqu art' moos the tegularty schcdokd amount due for (i) principal and iotaca under us ((() any amounts under Section 3 of this Security btsnrmtcoL ?A' masts the Real Estate SetOaoeat Procedures Act (1.2 U.S.C. §2601 et seq.) and iu g regulation, Regulation X (24 C.F.R. Pam 3500), as they taught be ammdad from time to additional or sacccsw legislation or tcgubaioo that goVaru the wrote subjoa matter. As used ity lnrtrummc. 'RFSPA' achy to all requis®mts old restrictions that are itopowd in regard (y related motlgage loan" even if the Loan does not qualify at a 'federally idstod mortgage rr is hmmat of Son~ means any parry Oat has cal at tick to ilw Property. whether or has assttmcd Bormwce* oWigarions trader the Note soNot this Security inmvmeflt. OF R[OIfIS IN THE PROPERTY Pap 2 of /s ..n.rrc II& and this )atnameot seeura to Leader: (i) the rcpaytnem of the Lana, and all renewals. extension titws of the Note; rod (it) the petfon== of Sormwda tovettmn and agtoanwa tinder lowumcat acrd We Note. Par this purpose. Borrower dues hereby mortgage, gram end mnvey gOUIfj702f 213 r.Tr the following described property located in the Comm of CUMBERLAND f rype of Ve nlup luri dkdwj (rwe of Rmo"a:t wridkdocl CTAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS T "A". to whit3r y has the addresy of 117 E. MAW STREET Iswn) W BOTTOM , Pennsylvania 17266 CPmperty Address'): lC (zip Coal wITH sit the huprovemanes now or hetatter eructed on the property. and 311 apptatcanoors- and fuuama now or hereafter a part of the property. All teplaoaocats aWl shall also be ,vered by this Sua3ty Inmvatmt. All of du foregoing is afeacd to in this Scrod lastrumod so the .Property.' B OIVfiR COVENANTS dm Borrower is lawfully seised of the atom hereby conveyed end has -the ri to mortgage, grant and coavcy the property and thx the Property is una ensub red. except for of mcotd. - Borrower warmw sd o will defend ge nefally the tide to the Property agaiaa all elalms d Emends, subject to any encumbrances of record. SECURIIY INSTRUMENT combines tutifarm covenants for tuitional use and non-uaifortu with limited variations by jarisdicdoa to constitute a uniform security instrument covering teal [FORM COVENANTS, Borrower ad Ismdur mvcmmu and agrco as follows: I. Payment of Priocipar, luk". Scow his. Pstpaymem Churns and. Late cWrgls. shall pay wtten due the principal of and We= on, the debt evidenced by the Now sad nay chines and late c4uges doe under the Note. Bormwer shall also pay hm& for Escrow Items pummm to Section 3. Payments doe ands the Note and this Security hutntoavt shall be nude in US_ cvtuniq However, if any rhenk or odw instnoamt toCeived by Leader as paysmt under the Note or this y fnsmument is returned to Lender wtpaid, Exa der may requite rhu any or all sobsoqumt payments doe under the Note and this Scmr(ty fa lrument be made is one or moue of tbo following forms, as sd by Rader: (a) rash: (b) money radar; Lc) certified eba*, bank t?oek, ueasurcr's check or a*Ws keck, provided any such cheek Is drawn upon as iaaitudw whose deposits am insured by a &dad a , inslrumeaulity, or eadty.or (d) Electronic Funds Transfix. Pa =ts are doaumd Moved by l"Aer when Moved ac the location designated to the Note or at Eudi loeatioa a may be do iguatud by Isar is aocordanco with the satin provisions in Section 15. may rerun any WPnenr or Partial payauent if the Payment or P-1w payments are lomzOlcient wpm 4 WW Ate a or t3 11801702rur 214 to bri the Loan encrent, La9der may accept any MYnpart or Partial payment insufficient to bring the l-pan witbOUr waira of any rights hereunder or prejudice to its rights to refuge such payment or r payments in die fume, but Under is not obligated to apply suet payments at the time such pay art aeoqued. if each Periodic Payment is applied as of its scheduled due date. then Leader treed of iatercsl on uroapplied funds. Linda may hold such tmapplied funds until Borrower aokea Pa to bring the Loan current. If Borrower dots not do see within a reasonable, period of time, Lemdu sheen tber apply such funds of return them to Borrower. 117noa applied earlier, such funds will be applied to the principal bataans under the Not hta4tdiatdy prior to foreclosure. No offset or dafm whidt m aft have now or in ik inure against Leader shall relieve Borrower from waiting p dew under the Nom and this Seaudy faMW= or performing the covenants and Wcancoss by tlah Security Lnshumcat, Applkadoa of 1Paymew cc Proceeds. Except as adKzwim described in this Section 2, all pa acc*W and applied by leader shall be applied in ate following order of priority: (a) interest due the Niter (b) principal due under the Noter (c) amounts dux rider Section 3. Such payments shall applied to each Periodic Payment is the order in witich it beam[ doe. Any remaining amounts stall applied fora to late dmges, second to aay other amounts due undo this Security luuuwnax. and then to Muec the principal balance of the Note. Lender receives a payment from Borrower for a dclinqumt Periodic Payment which includes a suffpci amotmt to pay any late dmage due,, the payment may be applied to the delinquent paymcat and (he lace arge. If more dent one periodic Payment is outstanding. Lender may apply any payment received tram sax to the repayment of the Periodic Payments if. sad to the cxwu dur. each payment an be paid io uB. To the extent that any excess aisu after the payment is applied to the full paymax of we or more Periodic Payments. sob accts any be applied to my late clinger due. VctmLvy prepayments shall be lied fast m any prepsymcm charger and then as described in (he Note. y application of payments. insurance: proceeds, or ash at+^^^us Proceeds to pnocipal due under the No slwll not extend or postpone the due date, or change, the amount, of the Periodic Payrocam 3_ Ponds for P.saow Units. Borrower ahall pay to Lender on the dry Periodic Payments are due under th Noe,, until the Now is paid is full, a am (the, 'Funds") to provide for payment of amounts due, for: (a) end assessments and other teens wblrh can attain poodry over this Security Instrument as a lien or coatmbrare on the Property. (b) lasebotd payments or ground sews oa due Property, if my; (c) for soy and all lourance requited by Leader under Section S: and (d) Moagnge Imoranee if soy, or say auras payabk by Borrower to Leader )d Iku of the payment of Mor%W premium in accordance with the provisions of Section 10. these items at called 'Escrow hems." otigiouion or at any time during the cam of the Lam, Leader any reguiro that Community Dew. Feces, and Aziesam am. )f any, be escrowed by Borrower. and such dims, fan and sha11 bee as Escrow U®. Boamwex ,hall proorpdy famish to Leader all notices of amounts to be paid wider this Section Borrower shall pay leader the Finals for Escrow Items tnlss I ender waives Bo obligation to lay the Funds for my or all Escrow to=. Leader may waive Borrower's nbt(gatlon to pay to Leader Funds for day or all Escrow hens at say time. Any su cli waiver may only be in writing to the event of each waiver. Borrower duel pay directly. when and where payable, the atnomats due for Escrow Items for which pays,na of Fords has been waived by Leader sad, if Leader requires. shall [ ' to lender receipts a ideoc'tgp such payment wi Ida such time. period as Leader may, mquk e. Botmwa' obligation to nuke such payments and to provide teccipu ",for all purposes bo deanod go be a eov and agasaeat cmulucd in this Savrity Instrumcot, as due pbiasc 'covenant and mareemem' is used in Section 9. If Borrow" is aftatod to pay Escrow lamas directly. putsuaac to a waiver, and ? S".44 ate. WO 6ir-e= NW, a of U 8091702rui? 215 te? (IH4MG and L apply tl an cry and re AppGa 7 In any l time sp on the 1 is wrifii pay Bor dust it% acoouati If Borrowi as dea"at 12 wood shall our make up UL to Bono 4. amsbuW gtamd t the can to Leader by. or old 1 ate Band die lice to which an Ben. Wi or mote o Mportifig x faits to pay the amount due for an Escrow Iron, Under may entemise its rights nailer Section 9 such amount and Borrower shag then be obligated under Section 9 to repay to I ender any Mich lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in sx with Section 15 and. upon such ssvocatioa. Borrower shall pay to Leader all Funds, and In such , Om we then required under this Section 3. aids Way. X any date. 0011aa and bold Foods in as amwmt (a) saffideat to permit Iafda to Funds at the tltoe specified under RRSPA. and (b) not to exceed the maxlantm annual a louder ore under RESPA. Ienda ahatl esda= the aatount of Foods due on the basis of ctateat dati onaWe to bauttes of apead sues of future Escrow hem of otherwise in =wdance with to Law. r Funds " be bold is an institution whose deposits arc insured by a federal agency. Utility, or entity (lodudiag under. if I rode is an institution whose depasits are so losored) of AeW Home Lom Bank. Louder shop apply die Funds to pay me Escrow hours no law that the elfied under RESPA. Leader shA not carge Borrower tar holding and applying the Fm dL ratalyrmg the tx aw a0wtua, err verifying 'be Escrow Items. unica Louder pays Barmwer interest ands and Applicable Law permits leader to make such a charge. Unless m agree ma is made g or Applicable Law requires intemst to be paid an the Fords. Leader sbaB not be required to ewer any ur eret or earnings on the Funds. Borrower and fender caa agrac in writing, however. rcii; sbatl be paid on the Funds. Leader shall give to Borrower, without charge, an annual g of the Fuods as toquirW by RESPA, here is a surplus of Pinch held to escrow, as defined under RESPA. Louder Wag accoum to for the excess toads is accordance with RESPA. If there is a shortage of Funds held in escrow, I under RESPA. I ender shall amity Borrower as required by RESPA. and Borrower shall pay to ic amount necessary to mdse up the shortage is accordance with PY-%A, but in no more don 1Y Pay==. U than is a deficiency of Funds bold in escrow, as defined under RESPA. Leader if Borrower as requited by RFSPA, sad Borrower shall pay to Lender the amount necessary to the def deny in aooocdfnce vhh RESPA, but in not mono than 12 mombly payments. payment in full of all sums seared by this Security humumm4 Larder shalt promptly selund any Funds held by leader. tea; Liters Borrower shall pity all taxes. ascssmems. cbwgea. Gera. and impvuOesu so die Property Wdch an amain prw ty over this Srturity tomuumeaL leasehakt paymouu or on the property, ifaay; and Community Association Dues, Fees, and Asamnamb. If any. To than there items arc Fdamar Bouu. Borrower shill pay them in the manner provided In Section 3. WM promptly dlscharye any Lien which has priority ova this S=ully fasnmorm unless (a) agssxs in writing to the payment of the abligatiou Neared by ft Hen in a mooaar sroeptiMa but only so loag as Bonower it performing such agseou stir (b) cootats me lien in good fdth against enfoocemoa of the lien in, legal proceedings which in Loudefs opinion operate to enbotceirrmt of gto lira white those ptoceodiags am pesdiag, but only mat ash pmeoodiags ' or (c) searres from the holder of die flea an agneaaoue 4atl7fagply to Leader subordinating this Security Isaauniwt. It Leader dacnminea that any pat of the Property is subject to a Ilea p&dU ova this Security Instru neat, Ixada any give Borrower a notice Want t W the 10 days of the dote an which that notice is given. Borrower shag satisfy the lice or take one the actions set forth shove is this Section d. WAY require Borrower to Pay a one-time charge for a red cane tax verification and/or i toe used by Leader In connection with this Lou. rv. eea w1= Pqe s of 15 IOUXIMW 4f; 2ftwG insurance proceeds shall be applied to the sums secured by this Security t??••^^-mot. whether or not them on n tpha This Lend of a Lead way Beret and i M haytrd at the right worts txatif' for shall may in be app to hold die S. Property ?aace Borrower shall keep the improvements now existing or hereafter eroctd Property iasured against loss by fire, knards included within the term 'exstaded coverage: and any hazard s including, but net limited to. cardultrA s and floods, for which Leader requires kantocc. twmance shaII be maintained la the ants (mchtding deductible kvcW and for the pcrmda that r requires. What Lender rcqultt:s porsusnt a the preceding seoteacea can change during die term Loan. The insurance carder providing the iawrmoc shall be chosca by borrower subject to is right to disapprove Borrowers stroke, which right shall not be eaerclwd anrewenably. Iemda :quirt Bortmver to pay. in ommohtima with then Loan. dtha: (a) a one-time charge for flood mat deacon. certification and tacking savicas; or (b) a ooertime charge for flood mae decermfiariom wfration saviera and subaxpnsr charges each tier tmoappinga or sirdlar changer omrr which y might allaa arch determination or eatifieaLom. Boftower shall also be respor settle for the of any fns Lmpoted by the Federal Emergency Management Agency in connection with the review Hood more detarmiaariom ccstdtiag from an objection by Borrower. Borrower Is to maintain any of the coverages described above. Leader may obtain imuranee at Lende[•s option and Bonowc 's aepmce. Leader is tinder no obligadoa to purchase any type or amount of coverage. Therefore, such coverage shall cover Lender. but might or might tech Borrower, Borrower's equity in the Property, or the cooenes of the property. against any risk, or liability and might provide gamer or leaser coverage than was previously in effect. Borrower edges trust the cost of the insurance coveagc so obtained might siguificas* exceed the cost of that burrower could have obmitred. Any amounts disbursed by Leader under this Swdoa S shall additioua debt of Borrower secvrod by this Security ltsmut eat. These amounts shall bar interest ate rac'from the date of disbursement and shall be payable. with such imtaest, upon notice from to Borrower rcgoesdat paymml. 1 iapmanne policies re"Ird by Larder and renewals of such policies shall be subject to Lcoda's disapprove such policies. shalt include a standard mortgage clause. and shall name Linda as on and/or as an addk nal lots payee. Leader shall love the dgbt to hold the policies and renewal . If l=mdcr rcgaitrs, Sormwer shall promptly give to Linda all receipts of paid premiums and I notices. If Borrower obuim any farm of imsuramce coverage, not otherwise required by Leader, e to, or destruction of, the Property, such polity shall include a standard mortgage clause and Larder a morfaagm smdfor as an additional lots payee. tic evert of Was. Borrower shall give prompt notice to the insurance carrier and Lender. Leader proof of lass if not made promptly by Borrower. Unless fader and Borrower otherwise agree g. any Insurance pmoeeds, vetches or not the undcriylog ina was requited by reader. AA to reAotatiom of repair of the Property. Uthe restoration or repair is econamicapy, lean hk and Lrzrdta' socurb y (a mot lessened. During such repair and restoration period. Lender slop have Me right Insurance proceeds mull Leoder has had an opportunity to inspect such Property to enture bar beat completed to L moder's sadthot(cn. provided that such inspa ction tbaB be uadcrtdm ! . I ender any disbumse proceeds for the repairs and testoadon in a single payment or in a series payments as the welt Iscompleted. Unless an agreement Is made in writing or Applicable Law requires to be pad an writ insurance ptoceedo. Leader shall not be requited to pay borrower any iorertat atrmtags on such proceeds. Foes for subtle adjasten. at osier third parties, fetal ne4 by Do shall act be paid our of the inwnuta ptoeeds and shall he the sole obligation of lioftower. If the axiom or repair is not economically feasible or Leader's security could be teaaeaed. the rer,rMy . wr+u-SWk r-J; a Mfflm? Mae UNUROM WSMUMOrr torn )mi9 trot o.m,. t ore am .saw Pane s of 15 800117M, * 217 K? err ,ph.n 4 due. date in an other under the IM order d proms shall be PurPo of pro soft ' wrttpt . Bo S procaa (or Pmpcrty 4. (a) ie • lend this PeNta-YO r.wr s.a XM.lro ith the excess. if any. paid to Borrower. Such insurance proceeds shall be applied to the order d for in Section 2. Borrower abandons fie Property. Leader may file, ne) rage sad setle any available imurmor nd related mutes. If Borrower duo nor respond within 30 days to a notice from Leader that the ere curler has offered to settle a claim, then Leander mry actoutdc and settle the claim. The 30-day wig begin when the mice is give. In other event, or if Leader sequins the Property ander 22 or otherwise. Borrower heaeby.avigas o Leader (2) Botrowees tiou to say insuratim proceeds um not w wooed the snooom tmpald wader the Nate or Ibis Seamity instrument, and (b) any f Borrorveta rights (other dust the right to any.refuad of onamad premhmts paid by Borrower) LL huuaaee policies coveting the property. Insofar at such rights are appl'uable o me coverage or perry. I meta stay use the Insurance proceeds either to repair at recover the Property or to pay unpaid under the Note or this Security Instrument, whether or nor then due. Occupancy. Borrower shall ooaWy, establish, and ate We Pmputy as Borrower's principal c within 60 days after the execution of this Security Instrument and sball continue to occupy the r as Borrower's principal residenoe for at least om year after the date of occupancy. unless Leader K agrees in writing. which consort dud act be unreasonably wrw"d. or unless extenuating cars exist which arc beyond Borrower's control. Acoorntlaa. Mainicamo: and P,oteedon of the property;. faspamons. Borrower shall nor damage or impair die Property, allow the Property to deteriorate. or commit waste on file Whether or not Borrower is residing in the property. So4nwcr shalt maintain the Property in pev'vem the Property from deteriorating or deacniag is value due to Its condition. Ualess it is pursuant ro Section S that repair or rotorstioe Is net economically (casible, Borrower shalt repair the Property if damaged to avoid farther deterioration or damage. If insurance or 'on proceeds are (raid in connecfma with damage to. or the eking of. the Property. Borrower asible for repairing or restoring the Property only if Leader has released precee& for such Leader may disbdm proceeds for the repairs and restoration in a single payment or in a series payments as the wort is cotttpleW. if the Insurance or condemnation procords are m to repair or reatoe the Property. Borrower ism idicved of Borrower's obligation far the of Catch repair or restoration, der or its agent may matte tcasonahle entries upon mad intpeerions of the property. if it has cause. Leadec may hoped die interior of the impmvaoant on the Propcay. Leader shall give notim at the time of" prior to such an Wedor WWwdm Wodiyi ig Catch reasonable cause. Bouowces Loan Awliodm Borrower shall W in default d4 dudog tha Lou application at any palms or esddes acting at the dl ect;oo of Boaowa or with Borrower's or c asent gave matci ft false, midading. or in imurtie labrmadon or statements to Lender to provide I ender with mataisl iafomsdon) in ooaoeccm with the Loan. Mattel Wu&. but tae ant limited Co. rgw=uaoems c oacexdag Bom wees occupancy of the borrower's principal raidencc. protwbett of LesiWt Iotelest in the Property god Rights Ueda this Seoargy fasnumtam. If Berta bb to perform the covenants and agsoeasws contained in this Security )asmtm ent, (b) there that might significantly affect Lwda's interest In the Property and/or rights under ty )ssumuteatt (such as a proccoft in bantttsptcy, probate, for condemnation or forfelmoe, for of a Pieta which may attain priority over Oda Security instrument at to enforce laws or ), or (a) Botnower has abandoned the property, then Leader may do and pay for wharcvtr is e or appropriate to protect teades farces in the Property and rights uada this Staaity r4 aorta P.as t of IS goof 170 2pi 218 7` It* itrcfuding proteaiog ndkw assessing the value of the property. sad securing andlor apalsw dx icnda's actions can include, but arc not limited to: (a) paying any stuta scRaW by a lies which ag, priority over this Security hmumem: (b) appearing in court and (c) paying teatoasble +uos to praeet its Lerner to the ataoaty edict tiglus utters this Seavay, tastmm?d iocdmdidg to osition in a baalrupcy, proceeding. Soow; die Property iadudes, but Is mat funned to, Ft Property m stints maim. eLaagc lode, replan or board up doors mud windows. drain water lie bulling a atper code vlolrions err elaurDamo toaditiolo, and have utBtties wuwod lthough I any ache aeriow under dda Section 9.1don not pave toefo so nd is y duty or obligation to do so. It Is agiood that )incurs no Iiahility fun as taking ny er sudwriwd under this 9. oum dabarsed by Leader order this Sestina 9 shall became additional debtof Borrower soctaad this Sow ty ltuttmaot. These Amounts shalt bar interest at the Note rate from the date of dhd;umw t and stall be payable. with such tarmac. upon notice from Leader to Borrower requesting loYtowt- it Srenrity lnarurment is on a leaxhold, Borrower shill comply with all the provisions of the Jesse. U 3omwer acquires fa title to the Property, the leasehold and the fee tide shall ant wage unless Lander reel to the raga In writing. to. Mortgage lmuraooe. if Leader required Mortgage Ins. caace as a condition or meting the Lawn. Ina shall pry due premiums tegdred w malaria the Mortgage inwr&wc in drm. if, for soy ttaswo. Mortgage lantram a coverage required by Leader meet to be available Rant the mortgage bunter previously provided Inch iariraocc and Borrowa was re pked to nuke separately dea paw payrarno toward the ptaainan for Mortgage Insursore, Borrower shall pay the pvm mss requirod to obtain ersge substantially cq dv*zK to the Mortgage lasur:twe prevk wly in cffcet, at a cost y equivaku to the Goa to Bormwcr of the Mortgage U=2= previously in efrem, firm an sltemate a imm Selected by Under. If tubshaWBy, tgnivaleut Mortgage Inwraoce coverage is car a e, Borrower "I continue to pay to L.wder the amww of the separately daigoatad payments were due when the ;murmcc wvtaa$e cased to be in effect. Lender will atxtpr, utc and retain payments as a arm-rrfuadablc Ins reserve in Bun of Moamc Inaamace. Such loss rrmve shall two Ithendable. notwithstanding the fact that the Loma Is uldmardy paid in full, and Lender shall as be uimad to pay Borrower any intact or eamiags on such foss save. Leader en no low6c require remw psymmo if Mortgage iaausocc average (ter the amount and for the period that W der uita) provided by an bmkar sdaaed by I,eoder again beeowi s availahle, is ouslacd, and L melrt sWwatdy daipmd paymrars toward the pm mm for Mortgage tnritrnee. If Leader tegtthcd ottgage Lamrswee as a taoddan of utmiciag do fora and Borrower Ina requited to mate y Mod paymcats toward the pecumam for Mortgage Lhsuratxc. Borrower shall pay the prcmiuam cqWmd to maimew Mortgage Lnrimm in effect, or to pmvide a am•eefuodabie lass reserve, until Em& 's requirement for Mmmpga h mryoe ends In aaordaoce with any written 2poomm between Bornraw j 3d T ender providing for rich temmitation or emnl termination is requited by Applicable Law. Nothing ' tbL Section to, ffaxa Borrower's chuptiun to pay interest at the rare pmvww in the Note. Mort age lawrwnce reimbutxe Leader (or any sadly Wt pu dam the Note) for eatals losses it may Lam if Borrower does not repay the Lam as %Wed. Bmmwer Is not a parry to she Mortgage LnwrtanOG. M e iawhfm evaluate their tow nak on all such inmra we In form from time to thmc, sad my eater into fj7mueett with other parties that spare or modify their risk, or reduce tosses. 'lane ngrem mats are on tams and wadgxw that ate i8isfattory to the mottgage Wmtr and the other parry rye a at Is Boutd7Q2oAK 219 return (of the P Duna umil Lead tclw enmpl M' be applied valve greater talcum. news) to these agrauomrs. M=c agreements may require the mmtguge insurer to mate pao=% sly sours of funds tha the moaga6e iomner may have available (which may include funds obtained Mortgage imatrascc premiums). Act a rmdt of dose agreements. Lender. any purchaser of the Note. amens insurer. say teins"a. the t relty, or any affiliate of any of the (arc&n dg, may roadve (directly or indirectly) amounts that from (or might he characterized as) a portico of Barowet s paymeas ft e: Mortgage Itmasuante, in e: for sharing at modifying the mortgage imuuces ask, or reducing losses. If such agreemren[ its that as affiliate of Lrnder Ones a sbae of the hourcei rbk in cdmge for a shut of the arm paid to the insurer, the. amagaoew Is ohm termed 'shrive n?suraoce.• rmtdw (s) Any coat agresa acto wMxiat sQ6ts tut anamwta the Sonower kas spread to pay fixbla gage or+? eMhe tans of the Ism sear agr? wllnot ion, the ammmtBoQOwc orm y(artgagc fnsmaoee, aad they wig tut eaW Bonroae m sty arytn 1 Arty such agoanmtc will ant Amu the AtIles Borrower has - if soy - whh respect to the havomc Dade the Hemeowom PmegToa Act of 1996 or any other law, lbew dgha may the d& to rm3ve coterie declosatee, w sulaW and obtain cza eBadm of the Mortgage to have the Mortgage Iattuaomc tormissed automatically, and" to satire a rellmd of soy in nfan= pv®hms that were unearned at the lime of umh caoae?ion or tmniaation. 1. Ae?man of Mrradidonas Pmouct: Forfdmrc. All M welisacouc Proceeds are hereby to and shall be paid to Leader. f the Property is damaged, such Miscellaneous Ptomods dull be applied to restoration or repair of . if the restoration or repair is economically fiasible and Lasdcr's security is not lencaed. such repair and veneration period. Lender shall have the right to bold such Miscellaneous Proceeds bat bad an Opportunity w iaspeet such Property to mmm the work has been completed to s satisfaction. Provided that such iospecs)on chili be uodasaken promptly. Lender may pay for the to ad tecwndm in a eagle dtsbursemeot or in a realer Of progicss iuymuus as the work is Uakss an agruauent is made in writing of Applicable Law requires inazar w be paid on such Proceeds. Leader shall not be regnised to pay Borrower any interest or amings on such Proceeds. N the ren«ation or repair is mot oconomhslly fessiblo or Larder's security would the Misadlmams Proceeds shall be applied m the an= , P I by this Security horn ment. or not rhea due. with the caress, if any. paid to Borrower. Such Miseddancous proceeds shelf be d in the order provided for in Sacdm z ale crest of a total haling, datructim, or lass in value of the Property, the Mfsodlatooas shall be applied to the arms secured by this Security Ins rdstac t, whether or ant then due, with if cry. paid to Burrower. the event of a Partial t ib& destaacdm, or Was in vilup of the Pmperty in which the falr mt the property im se0iady before the partial taking, destruction. or foss to value U equal to or the aoont of the am accused by this Security iaurttmmt immediately before the partial or lots 14 value. utdess Beurowtr and Leader otherwise 49M in writing, the am seamed by this Security Instrument shall he reduced by the amount of the Misedlancous proceeds i by the following &aalon: (a) the Weal aawm of the amts awned immedialdy before the partial datraetion, or loss in value divided by (b) the fair market value of the Property taauediudy before partial taking. damadion. or loss is vane. Airy balance shall be paid to Borrower. !n event of a partial taboo, destruction, or loss in value of the Property In Which die fair mathet value of a Property Immediately before die partial Wdog, denruaiaa. or ions is value ill 1= than the amount f the aims stxmred hmaodialely before the partial .king, dcstractlov. or toss to value, unte= w?un pose 7 of is 6ottr1702fuiE 220 Barr and Landes otherwise agree in writing, the MisceUuuous Proceeds shall be applied to rho nhhns by ibis Security butrumwt whether or not tbo mint are than due. if the Property is ahaodoocd by Borrower, or if, after notice by Leader to Bwower dwt the Party (as defined In the acrd senkacc) offers to mete an. award to scale a daim for damages. fails to respond to Lender whhin 30 days aBa the dire the notice is given. Leader is audhodud to eft and apply die Woodthocoos Proceeds eitber to restoration. or repair of the Property or to die sham bydhie Semuldy Imaamtaa, wbedur "not then due. "Opposing Party-means the third party teat Sonoaaer Mltcdiaacaths Prooeodi or tic party against whom Borower bas a tight of action m regard w Miscellaneous Pmcoods. Shill be in Aefa"I if any action or proceeding, whetter civil or ter urinal, is begun that, in a jodgmeat, c"Id result in ftafoaae of the Property or odwr material impaimcm of Leader's in the Property or dghu node this Soeuri y fpsaummt. Borrower can care sudr a debott and. if aced ' bas ooahmd, rdome m provided in Section 19. by causing the aaim or pmcw tg to be with a nding that, is Lender's Judgment. precludes forrdtarc of the property or otbv material i of Leader's Varna is the Property or rights abler *4 Sccu ty Instrument. She pvoocrds of any or claim for damaghct din am attribuubic to rte !WW m xA of Lmoder's interest is the are bereby assigned add shalt be paid to fodder. I Miscellaamus Phoereds drat ate not applied to ustora;on or repair of rite Property dwl be applied in the order provided for in Smdoo 2. Homwom Not Itdeascd; Forbarwoc By I aodQ Nor a Waiver. Extension of the tme for pa or enter ifccuion of emottizitiaa of the same steamed by this Security iasuumdmt granted by Leader to -or any Successor in kkrm of Bomwor shall am opmtc to release the liability o: Boaower or any is in Rueter of Borrower. Under shall not be rquired to commence pioccedinp against any in ipterm of Borrower or to refuse to atcad time for Wyoxat or otbetwise rnodify Sara ' 'on of nhe sum acanod by this Smority tAsmwjmm by reran of any donaod roadc by the original ilormw or any Saccemom in faferm of Borrower. Any forbcs ance by Ieada in coatisiog any right or iodudiag. witlwat Ilmitaioa. [adcr s arraptance of paymems from Wiest pow". codties or S in Interest of Borrower or in amamts less that tie amouat rhea doe. "I not be a waive of or prod a the exercaa of any dgbt or remedy. 13 Joint sad Smocal L1abTay; Cb+ignaa; Sucomaa and Amgen Bond. Borrower covenants and agtou Boaoweex abligadom and JWAgy shall be joint and several. However, any Borrower wbo co- sigm this Seemity instrument but doer not cam= din Nom (a *co-siper•): (a) is maigniag this Smaity only to reengage, pant sod War" the co-dgncr s intact to the Pnopaty 1-dar the terms of this Instrument; (b) is not personally obligakd to pry the am secured by this Security and (c) agues that Lmdet and any atier Borrower cm agree to extend. modify. forbear or maL•e any aaootrmndati m with regard to the term of this Security Instrument or doe Note without the t03igaer' eoaeedt. Sub to the provisions of Section III. nay Shatxe W In Interco of Borrower who assumes Borrower' obiigadons wader thin Sccurky Iosaummt in writing. and is approved by Lender. shall obtain A of war's rights and beadier trader Wier Scam" fmkumraL Borrower stall am be rdcuW tom Borrower' obl4p6am and Sability under Win Sanity Instrument motels Lender aS m , to web release in writing. wvtmaou sad agreement; of this Security lustrurnent mall bind (uapt as provided in Seaton and dente the mccemm and assism of Under. [4. Lena Clsacgo. Leader may duuge Borrower fees for services pedonncd in connection with Bonor i dcFauft, for the patpose of pcomcSing I.mdcr's intact in the Property and rights alma this owwm. s,..?4 k OR Luc rm Soo( is 8001702rAcir 2a Im"Ta bt re:gt fm to ?6e J so that the pea ate eh peramid pdudp the red PrepliYt direct I Of nrcb fmwmcvt. indudmg. but not limited to, attorneys' fees. property WWccuon and wOuittion fees. I W any other fees, the absence of express authority In ws Security Insawnent b charge a specific oninver shall tat he cotstcned its a ptohtbitioa aa'hc &m&g of such fee. Iander may am ees dux are atptessly pmht%M by this Somity hsuumett or by Appih7ble Law. Me Lash is subject to a law which sets mmimum lam charges, and dux law is finally iumlincied be interest or othe lam charges collected or to be collected in connection with the Lam erctied deed Ihoias, thm; (a) sty such loan charge " be seduced by the anomt accesmy to reduce p to the pernOW limit; and (b) say mm aheady collected fram Borrower which eacoedad 1 ua its will be mftded to Barmwer. I mda may edaase to malm this ddtnd by mdwtlaS tM owed under the Node or by making a dirod psymmi to Borrower. If a reftmd tnduca pdn*W, xbn will be treated as a panW pnepgvm withont any pnepaynicat dnW (whether or tat a mt efiatge is paovided for a -ker the Nam). Borrower's carp== of coq such refund made by pmcat W Borrower will aonstimte ¦ waiver of soy right of adion Borrower might have atldag eat 1 . Nadm. All oodocs Siva byBoaower or Lender in w®astion whh this Saadfy Fastim rat mmt in wrifiag_ Any notice to Borrower in connection with this Security Imtrmomr shah be deemed to have give to Botaower when meshed by fort class mail or what actually ddivexod to Soaower s notice Want by other moms. Notice to any one Borrower shag constitute notice Wall Bortoweis .'mi'ss plieaWe I.aw etpacsly reei'tlas othvwita The notice a Wr= shat) be the Property Address unless dower has dmigusied a substitute notice adducts by nod= to Leader. Bonoiver shall pwwpdy notify of Botrowa•s change of addmu. If T? specifies a pmcodmc for mpociing Borrowers dd=ge f address.- than BmQ%= shall only rghoa a clung of addren through dot spat36ed pmeedum. Tbnc y be only one designated notice address under this Security lnstcumme at any one time. Any notice l.eada "be given byddivaing it or bymnifing ie by flm loll mail to faders address stated haein em Lander has designated another address by time: to Soaouvr. Any notice; In condectioa with this ' Iasaumet dlxH not be deaned W nave been given to Leader until acmay.m esved by Leader. If any ao icc tcpdred by this Security losrttmeat is also required under Applipble Law. Me App Law argeirctom will satisfy the eoa cgooding rcquhcmmt under this Smurity hwummcm I Govendag law; ScvesahRW Bates of ConsRUdien• This Scarily lmtrum'a shell be go by federal law dad the law of she Jpdsdiaim in which the Pmpaty is locarod. Aa rights and comamed in this Scowity Wtmm at all: m*jea W any mgnircow" aad limiadoar of Appil Law. AppUc*c Law might cgdk tly or impliddy aikw the pestles to ague by cowries or It might ai[ent but such Memo drat( mot be onaurued err a pwWbidw agaima agrecincat by ooumaL In the drat my peavaina or dense of this Security lashnotmt or the Note conaieu with Appticable Law. conQict daft ax affect other pmvidots of this Searity loatrunitm or the Mme which cm be gives elf Without the conflicting provision. As sued in this Sceadty botimmob (a) words of the masculine gender shall nowt mod include muter woods or words of the fadnhe amider; (b) words in the aidgula shall meat and include plural and vim vases; and (c) the wad `may" gives note disaefta without my obligation to take any 17. Baaowces (ypy. Boaowcr shag be given one copy of the Note and of this Security l8. Trainer of the Pwpeay or a Bmdhtld interest in Baaower. As used in this Seaian is, 'iateret the Property' scam soy tcgai or beaefidai Interest in the Property. Including, but not limited sw.na pw It or is gotatlM2mQE .222 f.w WM 'M fa. or is not writhe lmhw Applk paovid widia these prior i in this or the porF (d) taken rights w twousa and cant testified an instil Funds T shall tea apply in ?A is 4110 N to Santa Perindie cart arm Services. new Lon tngtdres Is service m Barns assumed individual e batefKW Interests mansfezred in a bald for dead, contract for decd, installment sales con¢act nv agraaaatt, the itaeat of wbicb is the transfer of title by Borrower at a Intu a dace to a putchasa. an or any part of the property or ray hvacst is the Property is sold or traosferrcd (or if eortower thmnai pence and a beneficial interest to Bom+acr is sold or trauderred) without leader's prior consent, harder uny requite immediate payment Ice full of all shies secured by this Security at. Noweva. this option shall net be enertiied by Leader if such exercise is pmb(bitcd by ble Law. Linda cactdses this option. Leader shall Siva Borrower nodes of aoWeration. The soda shall a period of am less than 30 days ftnm the date the nodee is given in aoootdadx with S=I= 15 vhieh 8onower must pay an sins secured by this Security iapmmmc. If Bonower fans to pay 10s prior to the enpiratmo of this period. Lender may invoke ray retrmdpn permitted by this kst umeet wbhata further attics es demand an Borrower L Banowces Rigks to Relegate A0a Aaoclastion. If Borrower menu euwin coodums. r shall leave the right to have ealoroomeat of this Security Instrument discontinued at any time the cvitst of (a) rive days before sale of the PmpeM pursuant so any pawn of talc coambwd eca ty instrument; (b) such other period is Applicable Laver might specify for the terotaarioa of is right to reinstate, or (c) carry of a Judgment eoereing this Security ldstmarmt. Those as arc that Borrower: (a) pays Lender 100 sums which then would be due under this Seatrity rat and the Note as if no acceleration had occurred; (b) c ra say dcfauh of any other covenants mints; (e) pays allexpenses. iocuned in edfomiag this Security lextrummt, including. but not o, reasonable attorneys' fees. property inspection and vsbaton Ices. sad other fors iomrted for no of protecting (reader's interest in the Property and rights under this Security tmtrusnrnt: and such swan as Leader may reasonably roquhv to asme that Leader's intctca is the property and der this Security hshmomr, =4 Borrower's obligation to pay the sins tccured by this Struriey it, abail eautinuc unaaaged. Leader may requite that Borrower pay such teintratemeot sums nus in aoc or more of the foliow4 (cent, as Sneered by Leader. (a) cash: (b) many order; (c) dwdr. bank check, tccasumes check or cadu)er's dwck, provided any inch ebeck is drawn upon tioa whose deposits arc insured by a federal agency. (mttumarWity or cxmay, or (d) Electronic tmsler. Upon rdnttmeme s byBorrowa. On Security het ument sad obligations weaned hereby air fully effiatve as if so aadaation had acattred. Nowcva, this tight to rehrtato shall not the rise of acceleration uade Sat)oo Is. Sale of Motu; G=p of Low Savica; Naft of GrWance. the Noor or a partial intetea ate (together with this Security Instrument) can be sold one at more be= without prior notice ver. A sale might result in a duogc in the eat(ty (known as the 'Loan Sesvicco that eoUcas drat ender the Note and this 5ewriry halrnment and performs other mortgage ban under the Note, this Soauity Instrument, and Applicable Law. There also might be rbyvaIAM of the LOU Servk:a nmdated to a tale of the Note. if there is a crauge of the loan will be gig written notice of the cheese which will state the came and address of the the address to which pay== should be made and ray other lofomution RESPA n with a coda of transfer of servicing. U the Now is sold and dwrea0cr the Loan Sc nicer otter tun We pmdrascr of the Non, the mortgage Iola servicing obligations mia with the Lem Sctvpee or 6e aaasfared a a wcaessor I oar Saviar and arc sot purchaser unless otnuwise provided by ft Note purchases. wer nor may commence, join, or be joined m any judicial action (u either an r the mcmba of a class) that arises Isom the other party% actions parswat to this ac aw t.Hru NBC Ir of 15 BOn11702mak 22J ..n.n..nv by n such the t mdse Mellon Conti do, a Emvis or red The p 9dati arses a ( Insnuncat or that alleges that the other party has breached any provision of, or any duty owed an of, this Saurity a..v.vamae until mch Barowur or Leader has notified the other party (with rice given in coraptiaote with the requirements of Section 15) of such alleged bra* and afforded a party kaao a reasonable period aria the giving of suds notice to take corrective action. If ble Law provides a time period which :tarsi elapse blare certain action can be taken. that time will be deemed to be fusomablc for purposes of this puagzaph. The notice of acceleration and Ally to care given w Borrower pursuant to Section 22 and the ontkC of acceleration given to er pnrnwmt to SraxToq Lg shall be doaued to satisfy rho notice and oppattmlty to take torrecdvc arovh6ous of this Secdoa 20. L. Ha don StdwdooM As used la this Section 21: (a) 'Herardoua Sabsmores' are those nes defined as toxic or haattdca s substances, pollatow. or varies by Envltummeatal Law and the tg a&== gualme, lame, allot flatttmabic or male petroleum ptodnest toxic pesticides and les. volatile solvents, atucrials oaudaing asbatas or ftaaalddayde, and radioactive materials. (b) nmentrl Law' means federal tawa and laws of she jiuicdiction vitae the Property is located char o bedth. "day err euvirvacconat protection: (e) 'Hwaroomattat Ckwup' indndes any response rcmc&d action, or sanoval action, as defmrd in Environmental (ant: and (d) an 'Euvuonmencal m' means a condition dot can cause, contribute to. or otherwise trigger an prtvirou actd rower shall not cause or permit the ptaeoce, rue. disptwal, storage. or rde m of =7 Hazudons s, or threaten to reksse my Hantodous Subaaoca. no or in the Property. Borrower shall ant allow myooe else to do, aaydrimg affecting the Property (a) that is in violation of say Dental Lvr. (b) which create m. Favirunmcotal C M111 Dan, or (c) which. due to the praaax, tax, e of a Hazardous Shbataooo, cresta a condition chat advetady aff cc s the value of the property. dmg two saucaca shall not apply to the. presence, use. or atotagc on the property of small of Hoc rdous Substances that are generally roeogazzd to be appropriate to nntmni residential to rmbacr aneo of the Property (iartudiag, but not Din itod to, hazardous substances in consumer a shall promptly give Lender written notice of (a) say invegigaion, dairy demand. kw=it oc otter acdoo by any governmental or tag duory Veary or private part' involving the Property sad my Subsnna or Pavfroomasni taw of whkh Borrower hu actual luowkdge. (b) any PATifflowinfold CA wit , nnc long but not Umed to, any spWhmg, leaking. dsolurge, release or threat of of any Hazardous Strbaunce, and (r) nay twnditon canard by the pttsawoe, use or release of a 9obattms which advaady tiffacts the value of die Property. !f Borrower beams, is is notified by my v?l or regnlstoty authority, or say private putt'. that my setnoval or other teawdtadoa of nay Substance, afkctiaB rite Property is meoaruq. Ifotmwcr shall promptly talc all mse:saty ttmedW actions in accordance with Enviromnenal Law. Notbimg haein shall create any obtigadoa on Lankier t in Euvirrmmnaal Cleanup. N -UNIFORM COVENANTS. Batrower and Lender further covamot and agree as follows: ?. A?mdaatfon: litemrdier. fe»drr shell givcmdx an Narrower prior w Mooring Borrower breach of soy covenant or agao®mt in this Sow: w boutaent (bat not prior to amderi c a umdcr LeowdesaApplicahictawprovider otbraw)se). Leader ahrfiWoolyBournucratMonet other thho? ( de dcfz t; (b) Oc action ragahod an sue tae ddmit (c) who the ddmtk aim be arod: and {d) dot to era tiro default as apolKQ rosy reel[ in acorkratioxi of the menu aenacd by this Sccodir fowdoaue by jo&dA pmmcd'mg and sale of die Paaptzty. Leader ahxU farther tn4>a - Nan 33 or is wilfl702pox 224 1.. r a=u-"M CO ONWEALTH OF PENNSYLVANIA ) COU OF CUMBERLAND )? Oa tbls dbc le day of { 1 ZflOt before: or, N,(paLV!-c"Iai the good of ccr, pa3mully appmw ANTHONY J. REED, ROSE M. REED . to me (or saddf gorily proves) to be tbc'pasoa(s) whole mak(e) inlet subsm'bW to the widila led admowiWted that befsbefthcy excavW the same for the papa= therein tooMiood. imps whemcf, f hmucto set my hand and olru:W h- ,,ts 7i? r _ Now" Sam MackK campew Nolwy Pue4o My cam Rsi Exukn ", 13.2001 Title of Officer MMW.-msyWMlAWariaaoanNohun J.` R (Natuy's Sump and EmbowAr) My eouavisLiou cryim: 91%1.101 ? s x.4., k" "rt Page is of 13 aou*1702mm 226 '"lx rm SCEMM LI WA• ALL TJD1I VER"m TRWX Or LAND BIIDATm IN THE VA.LOG6 Or NUMOT SOITCM IM T" TOBM6HTP OP Boa= NEKTON, COUNIT Or C"E[LABO, AND STATE Ot, PCONCIZVANIA. BOOM AND DR90a= AS rOLLOMBx sam"CuMO AT A POIFT IN I= CEBTER Or PBmnwjm k BTAIE EIONIOa ROOM No. 33 3OWW AB TEL' MAI90T Do.?Vl1 AGM, AT COPJMR or LRMM MOM OR PPSIMLY Or DONALD Y. RTT19R, 17MP= DT SAID vzrAR LAND: BOOTA Al-1/2 DE'OR C3 UM 27.2 PMCM 469 YZRT TO LAM RON OK PORMLY Or PRE.91m BBEEA, Tlm6 BY LAS NOM BR.YOmmy or MARR Y. COCRL6R, ET D7:. mom 66-112 osaw MT 7t MT To A.POINT$ TwcN BY-oTBE7i 3f9iND MOM•OR 3omacRLY op MRRR B. OOQS.RY, 9T 04 MORN 61-1/2 ofOAiaB An 4c2 PZ6T TO TM6 ccnvt O? =RB AraRcu D wow=, I AY TEN fA92ER or 2= RTO93", BOV19 66-3/6 OEDA<R$ MBBT 65-1/2 VW TO. TSB PLAIz or 93911ANINQ. . TM MumamR Lum I= ttBT Of DR2VE w no oil TRR MBATBR1i E'OOB or BZDDMU •92%CAM ON 29S Row LYING l3MtDIATELY TO TBB B719I Or Tim LRMD MRRIN CI VAM. BEING PXV= NO. 61-31-2270-969 B0WC1702pam = nUWAYNQM RIDER No.:PA0104030209 ABRn 25, 2001 A174' =r J. REED. ROBB K. RX" VALUE RECEIVED, the mdraittaed ('Botra ogee(s) tAattheL ?YOa?inE Pro"ls'°acsnall be MqMWod into and Shan be deemed m amai d eel suppicam too blorrgar, Deed of Trust or Dead of aroe date hcmwhk (tto'8oaat4ty tutrUN t) executed by bormwa. as trtttmr or Se gor, h 6ret of auklA 122" SWO WORTOaoE COMP"T, xWC., A REtr TaNx Cox POhATXON r "Gall. as or mongagoe, and Ow We that certain prombsoty note of cKs date haewiW (We 7 cemented by Borrower in War of lender. To the encaa that the pcovfsfoaa of this Pt cut Rid= (the lu4ft)ae inconsistent wRhtheProvision oftkcSecurity lesrtuntcataw*r the the provisions of this Rider shall prevafi over and sWU sapusede any such ie0oasiAmt of the Security instrument and/ar the Note. of the Note is amended to read in its moray as follows: BORROW$t5 WORT iO hUTATt PMAYM ENr CHARGE I have the right 10 mate payments of principal at any time before they arc due. A payment f ptiveipal only is known u a 'prepayment' When I make a ptepsymaat, I WO tell the Now roller in writing War law doing so. The Note Holder -111 use aU d rtty prcpaymems to reduce re amomt of principal Shat I owe gad" Wts Note. If I Snake a paetw ptepsymeuk there wU) e 0 changes in the due data of my momhiy payments Unless the Note Holder agrces is writing t those chaoga. U within TE23LTY SIX (36 ) mouths from the date of eseta dou of the Security strament 1 maker a AM or partial prapaymeot(s), f will pay a prepayment dtatge In an amount gtnl to a perocatage of the principal so prepakf to accordance vdW the foIIowing sehodule: If paid during the first yew from date hereof, TOVEM percent (3.000 %) of the portion of salt prepayment eguat to the pdacifat amount so prcpaiW If paid daring the sewed year from date Woof. TBFEL percent (3.00056) of the portion or such ptcpsymmt equal to the principal amount so prepaid. K paid dada= the third year from date hemo( 22M paccat (3.000'%) of the portion of such prepayment equal to the pddpal amount so prepaid. UpWd dadng the tonrth year loom date haoot N/a paccut (N/A of oft portion of such prepayment equal to the principal 800aat so prepaid If paid daring the fifth ycmr Aram the date hereof. NIX petceat W/A %) IN%Snort FW Lot 2 eoum1702AK 228 stwaawn IN Of the P01" of Pat pTepaymeat cqW m the WWdV at amount so prquld. NESS WHMSOF. Borrower has atom" the Rider on toe dap of -as-ox J. ,rite VQVWW D2te I Certify this to be recorded In Cumberland County PA Recordcr of Deeds rage 2 of z IrM1702eax 229 Sy"JI M VERIFICATION i P. Claeys, 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 4nd correct to the best of her knowledge, information and belief. §4904 undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. to unworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: BY: A? - K n P. aeys, Esquire Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 EXHIBIT F GMAC Mortga a Corporation 3451 Hammon Avenue Waterloo JA 50702 Date: 01/18/06 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE home. This Notice explains how the oroeram works. Counseline Aaencv. This Notice co sins important legal information. If you have any questions, representatives at the Consumer Credit Counseling Ag ncy 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 NOTIFIC CION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUA VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC ON, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONA O ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO " OMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SAL AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWN R'S NAME(S): ANTHONY J. REED ADDRESS: 117 EAST MAIN STREET WALNUT BOTTOM PA 17266 LOAN ACCO NT NUMBER: 0833001250 ORIGINAL L NDER: CURRENT L NDER/SERVICER: GMAC Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANC ACT OF 1983 (THE "ACT-), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAG ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORAR STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgager thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting ith one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING meeting. -REDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this which the pro eftv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your len er immediately of your intentions. APPLICATI N FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see ollowing pages for specific information about the nature of your default.) If you have tried and are unable to resolve this pro lem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assist mce Program.' To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Applic tion with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit ounseling agencies have applications for the program and they will assist you in submitting a complete application to th Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fac -to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLO THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY AC ION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency and r the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a cision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if yo have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency f its decision on your application. NOT IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUP CY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY ND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have fled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender is on your property located at 117 EAST MAINS BEET WALNUT BOTTOM PA 17266 IS SERIOUSLY IN DEFAULT because: YOU AVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amou is are now past due: 10/28/05 through 12/28/05. See attached Exhibit for payment breakdown. Month) Payments $ 4067.21 Late C arges $ 1248.97 NSF $ 40.00 Inspectons $ 255.00 Other ( efault Expenses and Fees) $ 240.00 Option I Insurance $ 0.00 Suspen e $ 0.00 AMOUNT PAST DUE: $ 5851.18 B. YOU IAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING HE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 5851.18, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PE OD. Payments must be made either by cash, cashier's check or certified check made payable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing 3451 Hammond Avenue Waterloo IA 50702 You can cure an other default by taking the following action within THIRTY (30) DAYS of the date of this letter: Do not use if n t applicable.) Not Applicable IF YOU DO OT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, t e lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding bal ice of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly install ents. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instru t its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MOR GAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage, debt. f the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings agai st you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. Howev r, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the I nder even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also)nclude other reasonable costs. If you cure the default within the THIRTY (30) DAYS period. You will OTHER LEN ER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under he mortgage. RIGHT TO C RE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) AY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the mortgage. quring your default in the manner set forth in this notice will restore your mortgage to the same position as if y had never defaulted. EARLIESI If SSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged p operty could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of th Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the Ion er you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name Lender: GMAC Mortgage Corporation Addres : 3451 Hammond Avenue Waterloo IA 50702 Phone umber: 800-8504622 Fax Nu ber: 319-236-7437 Contact Person: Collection Department EFFECT OF HERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and yot right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTIO OF MORTAGE - You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the rortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the ale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SE L THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAI E THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO H E THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, I YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO AS ERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUI INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Applicable law }equires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree ith our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-462 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Depa Loan Servicing 5039 EXHIBIT through 12/28/05 Mo. Pmt. Amt. $ 1338.08 GMAC lv 3451 Han Waterloo re Corporation Avenue IA 50702 Date: 01/18/06 ACT 91 NOTICE YO TAKE ACTION TO SAVE HOME FROM FORECLOSURE home. This Notice explains how the Program works. Counseling Agency. This Notice con ms important legal information. If you have any questions, representatives at the Consumer Credit Counseling Age cy may be able to help explain it. You may also want to contact an attorney in your area. The local bar association ay be able to help you find a lawyer. LA NOTIFI CONTINUA NOTIFICAI AGENCIA ( MENCIONe LLAMADO PUEDE SAI HOMEOW1 ADDRESS: LOAN ACC ORIGINAL CURRENT [ON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A VIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA r, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA NSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA ,MEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL t SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. NAME(S): ROSE M. REED 117 EAST MAIN STREET WALNUT BOTTOM PA 17266 NUMBER: 0833001250 VICER: GMAC Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU C, ASSISTAP MORTGA IF CC IF PA IF PLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY ASSISTANCE: DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE NTS. AND MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE CLVANIA HOUSING FINANCE AGENCY. 1 E'1VIYVKAK STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage r thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting 4th one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. Then es addresses and tele hone numbers of desi ated consumer credit counseling agencies for the county in which the roe is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your len er immediately of your intentions. AYCLICA 11 N t OR MUR'FGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see ollowing pages for specific information about the nature of your default.) If you have tried and are unable to resolve this prob em with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assist nce Program.' To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Applic tion with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit ounseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fac -to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY AC [its ON -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency unde he eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a d sion after it receives your application. During that time, no foreclosure proceedings will be pursued against you if yo ave met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency decision on your application. NOT IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUP CY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY ND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If von have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender is on your property located at 117 EAST MAIN S REET WALNUT BOTTOM PA 17266 IS SERIOUSLY IN DEFAULT be ause: YOU AVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amou is are now past due: 10/28/05 through 12/28/05. See attached Exhibit for payment breakdown. Monthl Payments $ 4067.21 Late C arges $1248.97 NSF $ 40.00 Inspect ons $ 255.00 Other ( efault Expenses and Fees) $ 240.00 Option I Insurance $ 0.00 Sume e $ 0.00 TOTAL AMOUNT PAST DUE: $ 5851.18 B. YOU AVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable: HOW TO CU E THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING HE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 5851.18, PLUS tT4 GE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY ANY MOI (30) DAY PER OD. Payments must be made either by cash cashier's check or certified check made payable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing 3451 Hammond Avenue Waterloo IA 50702 You can cure an other default by taking the following action within THIRTY (30) DAYS of the date of this letter: Do not use if no applicable. Not Applicable IF YOU DON T CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, th lender intends to exercise its rights to accelerate the mort a e debt. This means that the entire outstanding bal a of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installm nts. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruc its attorneys to start legal action to foreclose upon Your mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. I the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings agai st you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. Howeve if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the le der even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period you win not be re uir to a attorn 's fees. OTHER LE DE REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO C RE THE DEFAULT PRIOR TO SHERIFF' SALE - If you have not cured the default within the THIRTY (30) AY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the mortgage. wring your default in the manner set forth in this notice will restore your mortgage to the same position as if y tu ha d never defaulted. EARLIESSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged p perty could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of th Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the lo" er you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name f Lender: GMAC Mortgage Corporation Addres : 3451 Hammond Avenue Waterloo JA 50702 Phone umber: 800-850-4622 Fax Nu ber: 319-236-7437 Contact Person: Collection Department EJECT OF 'HERIFF'S ALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and you right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your fumish' gs and other belongings could be started by the lender at any time. ASSUMPTIO 1 F ORTAGE - You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the Mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the ale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SE 41, THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAf FE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO 14A YE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, I YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAU T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO AS ERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUI INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. '? TO Applicable law that purpose. If you disagree at 800-850-462: this matter. Collection Deps Loan Servicing 5039 PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. us to inform you we are attempting to collect a debt and any information you provide will be used for our assertion that a default has occurred with your mortgage loan, please contact our office immediately speak with one of our loan counseling representatives. Thank you for your prompt response concerning EXHIBIT through 12/28/05 Mo. Pmt. Amt. $ 1338.08 A Date Keri P. Claeys, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is ed to make this verification, and that the statements made in the foregoing Motion for Summary nt and Brief are true and correct to the best of her knowledge, information, and belief. The pied understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 to unsworn falsification to authorities. eri P. Claeys, Esquire Attorney for Plaintiff v ' C e'S" 't} Pt) =i CASE NO: 2006-01276 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRUMAN CAPITAL MORTGAGE LOAN VS REED ANTHONY J ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon REED ANTHONY J the DEFENDANT at 1831:00 HOURS, on the 21st day of March , 2006 at 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 by handing to ANTHONY REED a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18 . 0 0 24.64 7/yJl? .00 10.00 R. Thomas Kline .00 52.64 03/22/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this day of a(Yo A.D. Prothonotary CASE NO: 2006-01276 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRUMAN CAPITAL MORTGAGE LOAN VS REED ANTHONY J ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon REED ROSE M M LORD the DEFENDANT , at 1617:00 HOURS, on the 17th day of March , 2006 at 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 by handing to ROSE REED a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So Answers: R. Thomas Kline 03/22/2006 PHELAN HALLINAN Sworn and Subscribed to before By: me this day of 1Yl w, a ub ( A.D. Prothonotary TRUMAN CAPITAL MORTGAGE IN THE COURT OF COMMON PLEAS OF LOAN TRUST 2004-1, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. ANTHONY REED AND ROSE M. REED: a/k/a ROSE M. LORD, ; DEFENDANTS 06-1276 CIVIL TERM ORDER OF COURT AND NOW, this t ? day of September, 2006, IT IS ORDERED that an in rem judgment is entered in favor of plaintiff, Truman Capital Mortgage Loan Trust 2004-1, and against defendants, Anthony J. Reed and Rose M. Reed a/k/a Rose M. Lord, for $99,665.77 plus interest from March 3, 2006, at the rate of $30.23 per diem and costs and charges collectible under the mortgage for foreclosure and sale of the property. Keri P. Claeys, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 For Plaintiff Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 For Defendant By the Courf, :sal ef. L? 9 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD : CIVIL DIVISION : NO. 06-1276 PRAECIPE TO REDUCE ORDER TO JUDGMENT TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against ANTHONY J. REED AND ROSE M. REED A/K/A ROSE M. LORD, Defendant(s) in accordance with the Court's Order dated 9/8/06. Assess Plaintiff's damages against ANTHONY J. REED AND ROSE M. REED A/K/A ROSE M. LORD as follows: As set forth in the Order Interest - 3/3/06 TO 9/8/06 TOTAL $99,665.77 ? $5,713.47 $105,379.24 DAMAGES ARE BEREBY ASSESSED AS INDICATED. DATE: E44 „Yj PRO PROTHY ? TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY REED AND ROSE M. REED: a/k/a ROSE M. LORD, DEFENDANTS 06-1276 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2006, IT IS ORDERED that an in rem judgment is entered in favor of plaintiff, Truman Capital Mortgage Loan Trust 2004-1, and against defendants, Anthony J. Reed and Rose M. Reed a/k/a Rose M. Lord, for $99,665.77 plus interest from March 3, 2006, at the rate of $30.23 per diem and costs and charges collectible under the mortgage for foreclosure and sale of the property. By the Court-? /, Edgar S. Bailey, ,J` Keri P. Claeys, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 For Plaintiff Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 For Defendant :sal T" CWV RRM r t10?; I 100M jw w# said at C2ir1i Pa. ofhon` PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 CUMBERLAND COUNTY 500 ENTERPRISE ROAD, SUITE 150 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NO. 06-1276 ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ANTHONY J. REED is over 18 years of age and resides at, 117 EAST MAIN STREET, WALNUT BOTTOM, PA 17266. (c) that defendant ROSE M. REED A/K/A ROSE M. LORD is over 18 years of age, and resides at, 117 EAST MAIN STREET, WALNUT BOTTOM, PA 17266. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Cl\ < (' co w v '" ..r- r rl (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 CUMBERLAND COUNTY 500 ENTERPRISE ROAD, SUITE 150 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NO. 06-1276 ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on aQ-?280' 200 By: If you have any questions concerning this matter, please DANIEL aG.S HM?QU IRE Attorney inti ONE PE TER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND 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 ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 Plaintiff, V. No. 06-1276 ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD Defendant(s). . TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $99,665.77 ? Interest - 3/3/06 to 9/8/06 $5,713.47 Interest from 9/8/06 to 3/7/07 (per diem -$17.32) $3,117.60 and Costs TOTAL Add'I fees $108,496.84 $ 3321.50 DA?QEL`9 C I , ESQUIRE On Penn enter at Su urban Station 1617-lohfi F. Ke 13oulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. wz - z o o< > o ° W a +-? U a OW ?^, O C a x? ?x °° ?a Hw ° o U OU ,tea z W U z? a a ? w :I,- (Ni o ?. !111 V . J Cl%j a L .w N N as 00 00 x? oa zz 3; ell ww 4-4 zZ? a -J? 4° ww d 1-4 ?Y C? ?i -f- o? J LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE VILLAGE OF WALNUT BOTTOM IN THE TOWNSHIP OF SOUTH NEWTON, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF PENNSYLVANIA STATE HIGHWAY ROUTE NO. 33 KNOWN AS THE WALNUT BOTTOM ROAD, AT CORNER OF LANDS NOW OR FORMERLY OF DONALD F. KEITER, THENCE BY SAID KEITER LAND, SOUTH 42-1/2 DEGREES WEST 27.2 PERCHES 449 FEET TO LAND NOW OR FORMERLY OF PRESTON BAKER; THENCE BY LAND NOW OR FORMERLY OF MARK E. COCKLEY, ET UX, NORTH 68-1/2 DEGREES EAST 78 FEET TO A POINT; THENCE BY OTHER LAND NOW OR FORMERLY OF MARK E. COCKLEY, ET UX, NORTH 41-1/2 DEGREES EAST 462 FEET TO THE CENTER OF THE AFORESAID HIGHWAY; THENCE BY THE CENTER OF SAID HIGHWAY, SOUTH 46-3/4 DEGREES WEST 65- 1/2 FEET TO THE PLACE OF BEGINNING. THE EASTERN LINE LIES EAST OF DRIVEWAY AND ALONG THE WESTERN EDGE OF SIDEWALK SITUATED ON THE ROAD LYING IMMEDIATELY TO THE EAST OF THE LAND HEREIN CONVEYED. BEING PARCEL NO. 41-31-2230-069 BEING THE SAME PROPERTY CONVEYED TO ANTHONY J. REED BY DEED FROM ANTHONY J. REED AND TAMEY K. REED, HIS WIFE, RECORDED 05/31/1994 IN DEED BOOK 106 PAGE 193. PROPERTY BEING: 117 EAST MAIN STREET RECORD OWNER: Anthony J. Reed & Rose M. Reed, h/w PREMISES SEARCHED: )17-East Main Street Walnut Bottom, PA 17266 File 4: 131862 PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 Plaintiff, V. ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1276 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 falsification to authorities. tG. S for P unsworn , ESQUIRE r co -? c'_? V TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 Plaintiff, V. ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1276 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,117 EAST MAIN STREET, WALNUT BOTTOM, PA 17266. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: 91 Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE AGENY 211 NORTH FRONT STREET HARRISBURG, PA 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR. 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 P.O. BOX 644 MURRYSVILLE PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements here' a made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn sifi tion to a orities. September 27, 2006 DATE UIRE r ?? rp f TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 Plaintiff, V. ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD Defendant(s). TO: ANTHONY J. REED September 27, 2006 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 CUMBERLAND COUNTY No. 06-1276 ROSE M. REED A/K/A ROSE M. LORD 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND 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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 117 EAST MAIN STREET, WALNUT BOTTOM, PA 17266, is scheduled to be sold at the Sheriffs Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $105,379.24 obtained by TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE VILLAGE OF WALNUT BOTTOM IN THE TOWNSHIP OF SOUTH NEWTON, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF PENNSYLVANIA STATE HIGHWAY ROUTE NO. 33 KNOWN AS THE WALNUT BOTTOM ROAD, AT CORNER OF LANDS NOW OR FORMERLY OF DONALD F. KEITER, THENCE BY SAID KEITER LAND, SOUTH 42-1/2 DEGREES WEST 27.2 PERCHES 449 FEET TO LAND NOW OR FORMERLY OF PRESTON BAKER; THENCE BY LAND NOW OR FORMERLY OF MARK E. COCKLEY, ET UX, NORTH 68-1/2 DEGREES EAST 78 FEET TO A POINT; THENCE BY OTHER LAND NOW OR FORMERLY OF MARK E. COCKLEY, ET UX, NORTH 41-1/2 DEGREES EAST 462 FEET TO THE CENTER OF THE AFORESAID HIGHWAY; THENCE BY THE CENTER OF SAID HIGHWAY, SOUTH 46-3/4 DEGREES WEST 65- 1/2 FEET TO THE PLACE OF BEGINNING. THE EASTERN LINE LIES EAST OF DRIVEWAY AND ALONG THE WESTERN EDGE OF SIDEWALK SITUATED ON THE ROAD LYING IMMEDIATELY TO THE EAST OF THE LAND HEREIN CONVEYED. BEING PARCEL NO. 41-31-2230-069 BEING THE SAME PROPERTY CONVEYED TO ANTHONY J. REED BY DEED FROM ANTHONY J. REED AND TAMEY K. REED, HIS WIFE, RECORDED 05/31/1994 IN DEED BOOK 106 PAGE 193. PROPERTY BEING: 117 EAST MAIN STREET RORD OWNER Anthony J. Reed.& Rose M. Reed, h/w, pR11!IISES SEARCII+ D: ? 117 East Main Street Walnut Bottom, PA 17266 File 4: 131862 ' t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1276 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TRUMAN CAPITAL MORTGAGE LOAN TRUST, 2004-1, Plaintiff (s) From ANTHONY J. REED, ROSE M. REED A/K/A ROSE M. LORD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $99,665.77 L.L. $.50 Interest 3/3/06 TO 9/8/06 - $5,713.47 --- 9/8/06 TO 3/7/07 (PER DIEM $17.32) - $3,117.60 AND COSTS Atty's Comm % Atty Paid $150.64 Due Prothy $1.00 Other Costs Plaintiff Paid Date: SEPTEMBER 28, 2006 (Seal) Curbs R. Long, P otary By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 A ? Phelan Hallinan & Schmieg By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 TRUMAN CAPITAL MORTGAGE LOAN CUMBERLAND COUNTY TRUST 2004-1 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-1276 ANTHONY J. REED SALE DATE: MARCH 7, 2007 ROSE M. REED A/K/A ROSE M. LORD Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 Daniel G. Schmieg, Esquire, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by regular mail to FRANK E. YOURICK, JR., ESQ., Attorney of Record for Defendant(s), ANTHONY J. REED & ROSE M. REED A/K/A ROSE M. LORD at P.O. BOX 644, MURRYSVILLE, PA 15668 on OCTOBER 6, 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.4904 relating to the unswom falsification to authorities. PHELAN INAN & SCHMIEG By: D IEL G. SCHMIE ', ESQUIRE . ?w W Ye w 5018 L aabiC92 iho0 wamlV1y 9,fft)T 90 tOO 01091Zb000 ' ^? b'11 ?s4 '?y. aye 5 T} U y. 'OO O A ?pp ??yy .tl QXL Q?O ca °°?Q? [[]] q M © x a i7 r+ fi: O ? ? r ? ? r y m ? u ? N I r-? C_ l t J C"? i r - -i PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Truman Capital Mortgage Loan Trust 2004-1 Court of Common Pleas Plaintiff : Civil Division vs. Anthony J. Reed Rose M. Reed A/K/A Rose M. Lord : Cumberland County No. 06-1276 Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 7, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 28, 2006 in the amount of $105,379.24. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 7, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $90,064.44 Interest Through 3/07/07 15,871.79 Per Diem $30.23 Late Charges 1,874.14 Legal fees 3,025.00 Cost of Suit and Title 1,037.00 Sheriffs Sale Costs 0.00 Property Inspections 450.00 Appraisal/BPO 490.00 MIP/PMI 0.00 NSF 40.00 Suspense/Misc. Credits 0.00 Escrow Deficit 5,299.36 TOTAL $118,151.73 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. 1 Date: .? el Hall in & Sc m' g, LLP Byi Michele M. Bradfor , squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Truman Capital Mortgage Loan Trust 2004-1 Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County Anthony J. Reed No. 06-1276 Rose M. Reed A/K/A Rose M. Lord Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION T REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 117 East Main Street, Walnut Bottom, PA 17266. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh V. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1 l20 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: I 7 ,An Ha14an .?ieg, LLP By is ele M. Bradf Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCIHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 V. ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM ?} NO. CAL - (r i I- CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE r'? N r? V cr-. r I y M `> :<7 = r rrm 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. v?v and tie O . Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Filc 4. 131862 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PEnADELPHIA, PA 19103 (215) 563-7000 TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 V. ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. CUMBERLAND COUNTY Defendants 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 V7 e. haaeb!0 ccrt:fytha tad ' E?!n tc be ir-1 ru.e c gad Ccylnax'i. Cv-py Of'io e File #: 131962 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 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. File #: 131862 Plaintiff is TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: ANTHONY L REED ROSE M. REED A/K/A ROSE M. LORD 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 who Ware the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/25/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GUARANTEED HOME MORTGAGE COMPANY, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1702, Page: 212. By Assignment of Mortgage recorded 2/3/2003 the mortgage was Assigned To PCFS FINANCIAL SERVICES, INCORPORATED which Assignment is recorded in Assignment Of Mortgage Book No. 694, Page 161. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached- The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/28/2005 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 4: 131862 The following amounts are due on the mortgage: Principal Balance $901)064.44 Interest 4,746.11 09/28/2005 through 03/03/2006 (Per Diem $30.23) Attorney's Fees 11250.00 Cumulative Tate Charges 200.71 04/25/2001 to 03/03/2006 Cost of Suit and Title Search 5$ 50.00 Subtotal $ 96,811.26 Escrow Credit 0.00 Deficit 2,854.51 Subtotal 2,854.51 TOTAL $ 99,665.77 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 99,665.77, together with interest from 03/03/2006 at the rate of $30.23 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 IIALLINAN & SCHMIEG, LLP By: /s/Francis S. Ilallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #. 131862 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE VILLAGE OF WALNUT BOTTOM IN THE TOWNSHIP OF SOUTH NEWTON, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF PENNSYLVANIA STATE HIGHWAY ROUTE NO. 33 KNOWN AS THE WALNUT BOTTOM ROAD, AT CORNER OF LANDS NOW OR FORMERLY OF DONALD F. KEITER, THENCE BY SAID KEITER LAND, SOUTH 42-1/2 DEGREES WEST 27.2 PERCHES 449 FEET TO LAND NOW OR FORMERLY OF PRESTON BAKER; THENCE BY LAND NOW OR FORMERLY OF MARK E. COCKLEY, ET UX, NORTH 68-112 DEGREES EAST 78 FEET TO A POINT; THENCE BY OTHER LAND NOW OR FORMERLY OF MARK E. COCKLEY, ET UX, NORTH 41-1/2 DEGREES EAST 462 FEET TO THE CENTER OF THE AFORESAID HIGHWAY; THENCE BY THE CENTER OF SAID HIGHWAY, SOUTH 46-3/4 DEGREES WEST 65- 1/2 FEET TO THE PLACE OF BEGINNING. THE EASTERN LINE LIES EAST OF DRIVEWAY AND ALONG THE WESTERN EDGE OF SIDEWALK SITUATED ON THE ROAD LYING IMMEDIATELY TO THE EAST OF THE LAND HEREIN CONVEYED. BEING PARCEL NO. 41-31-2230-069 BEING THE SAME PROPERTY CONVEYED TO ANTHONY J. REED BY DEED FROM ANTHONY J. REED AND TAMEY K. REED, HIS WIFE, RECORDED 05/31/1994 IN DEED BOOK 106 PAGE 193. PROPERTY BEING: 117 EAST MAIN STREET File 4: 131962 Exhibit "B" PHELAN HALLINAN & SCHVDEG, L.L.P. By: DANIEL G. SCHV>IEG identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 VS. ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD (x'04..' ' Ycj CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION NO. 06-1.276 PRAECIPE TO REDUCE ORDER TO JUDGMENT TO THE PROTHONOTARY: C7 p K _ Q~ ro?1 ?Tltr, ri M. jp te' ? Q r3 Q rv ? Kindly enter Summary Judgment in favor of the Plaintiff and against ANTHONY 3. REED AND ROSE M. REED A/K/A ROSE M. LORD. Defendant(s) in aeeordance with the Court's Order dated 9/8/06. Assess PlaintifFs damages against ANTHONY J. REED AND ROSE M. REED A/K/A ROSE M. LORD as follows: y Rut ±;? As set forth in the Order XIQR%E ? $99'665.77 CARIE Fiji Interest -- 3/3/06 TO 9/8/4¢ $5,713.47 TOTAL $1059379.24 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTI Y ,?, ?W p Vj- 1317bD?-- pw) TRUMAN CAPITAL MORTGAGE IN THE COURT OF COMMON PLEAS OF LOAN TRUST 2004-1, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. ANTHONY REED AND ROSE M. REED: a/k/a ROSE M. LORD, DEFENDANTS 06-1276 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2006, IT IS ORDERED that an in rem judgment is entered in favor of plaintiff, Truman Capital Mortgage Loan Trust 2004-1, and against defendants, Anthony J. Reed and Rose M. Reed a/k/a Rose M. Lord, for $99,665.77 plus interest from March 3, 2006, at the rate of $30.23 per diem and costs and charges collectible under the mortgage for foreclosure and sale of the property. Keri P. Claeys, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 For Plaintiff Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 For Defendant :sal By the Courtn Edgar-. Ba ley, J. "map het . I hire W4 kmo c?swl',of s 0oq at drift Pa. Pro#hon6wv VERIFICATION Michele M. Bradford, 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 Reassess Damages 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. e Hal ' an & Schil eg, LLP DATE: By: ' Michele M. ra fo , squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by• Michele M Bradford Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Truman Capital Mortgage Loan Trust 2004-1 Court of Common Pleas Plaintiff : Civil Division vs. Anthony J. Reed Rose M. Reed A/K/A Rose M. Lord Defendants : Cumberland County : No. 06-1276 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof were sent to the following individuals on the date indicated below. Anthony J. Reed Rose M. Reed A/K/A Rose M. Lord 117 East Main Street Walnut Bottom, PA 17266 DATE: i / ) JJ Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Phelan Hallinan & Schmieg, LLP %j By: ! Michele M. Bradford, Esquire Attorney for Plaintiff t_ .? ,-_? i? __.3 _.e `? ' 4 '- ?. -:: ,SAN 17 2007 0"( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Truman Capital Mortgage Loan Trust 2004-1 Plaintiff VS. Anthony J. Reed Rose M. Reed A/K/A Rose M. Lord Defendants Court of Common Pleas Civil Division : Cumberland County : No. 06-1276 q? RUL AND NOW, this Lk day of P?A2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. ? (; MU ? 3-?A9 V-.k ?? Rule Returnable on he - day og 2007 a it the PL1 - $444U*? 410 cLiG BY TH URT J. cn C\j 1 7= LLI 0 c? C?.1 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Truman Capital Mortgage Loan Trust 2004-1 Court of Common Pleas Plaintiff VS. Anthony J. Reed Rose M. Reed A/K/A Rose M. Lord : Civil Division : Cumberland County : No. 06-1276 Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 19, 2007 Rule directing the defendant to show by February 5, 2007 was sent to the following individuals on the date indicated below. Anthony J. Reed Rose M. Reed A/K/A Rose M. Lord 117 East Main Street Walnut Bottom, PA 17266 DATE: Id 5? Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Phelan Hallinan & Schmi LLP By: Michele . Bradfor, Attorney for Plaintiff ?? ? O ? c., --s - ? ? ? ??,= ? ? ? ? .. ? _- >t.? ??" -. ?? .. -W ? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Truman Capital Mortgage Loan Trust 2004-1 Plaintiff VS. Anthony J. Reed Rose M. Reed A/K/A Rose M. Lord Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 06-1276 Truman Capital Mortgage Loan Trust 2004-1 by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 12, 2007. 3. A Rule was entered by the Court on or about January 19, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on January 25, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 5, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. ?? I lco Date PHELAN HALLINAN & SCHMIEG, LLP (?("4 C Michele M. Br ord, Esquire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEQ LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Truman Capital Mortgage Loan Trust 2004-1 : Court of Common Pleas Plaintiff : Civil Division vs. Anthony J. Reed Rose M. Reed A/K/A Rose M. Lord : Cumberland County : No. 06-1276 Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 12, 2007. A Rule was entered by the Court on or about January 19, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 25, 2007 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 5, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Date oMiche rad r , Esquire Attorney for the Plaintiff Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Truman Capital Mortgage Loan Trust 2004-1 Plaintiff vs. Anthony J. Reed Rose M. Reed A/K/A Rose M. Lord Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 06-1276 RULE AND NOW, this 19 day o 007, a Rule is entered upon the Defendants to show cause why an Order should not be ente d granting Plaintiffs Motion to Reassess Damages. ?a d Rule Returnable jFRorn SeRvice. ANY o?9w e? - 'ilcc? -day aa at t0 C? ?c?an?s s?oa? be ?oW,?a.?ed ? A-he q BYTES COURT, Exhibit "B" T? -?(•1 l PHELAN HALLINAN & SCI-II lEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ATTORNEY FOR PLAINTIFF Truman Capital Mortgage Loan Trust 200 \- Plaintiff„O(jo?!' ? oU? VS. Anthony J. Reed Rose M. Reed A/K/A Rose M. Lord Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 06-1276 CERTIFICATION OF SERVICE et I hereby certify that a true and correct January 19, 2007 Rule directing the defendant to show by February 5, 4f `a+aslbt o the following individuals on the date indicated below. Anthony J. Reed Frank E. Yourick, Jr. Esquire Rose M. Reed P.O. Box 644 A/K/A Rose M. Lord Murrysville, PA 15668 K. 117 East Main Street Walnut Bottom, PA 17266 DATE: Phelan Hallinan & SchrjilL. P I /By: Michele . Bradfo , Attorney for Plaintiff Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. Date §4904 relating to the unsworn falsific i n of authorities. M chele M. Bradfor , squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Truman Capital Mortgage Loan Trust 2004-1 : Court of Common Pleas Plaintiff : Civil Division VS. : Cumberland County Anthony J. Reed No. 06-1276 Rose M. Reed A/K/A Rose M. Lord Defendants I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Anthony J. Reed Rose M. Reed A/K/A Rose M. Lord 117 East Main Street Walnut Bottom, PA 17266 Date: r) I --I I 0--? Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Achele klBradforda,44quiree Attorney for Plaintiff ' . ?. , f7l „-1 i-fl l FEB 12 2007?f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Truman Capital Mortgage Loan Trust 2004-1 Court of Common Pleas Plaintiff VS. Anthony J. Reed Rose M. Reed A/K/A Rose M. Lord Defendants Civil Division : Cumberland County No. 06-1276 QRDFR AND NOW, this--V-day o , 2007 the Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $90,064.44 Interest Through 3/07/07 15,871.79 Per Diem $30.23 Late Charges 1,874.14 Legal fees 3,025.00 Cost of Suit and Title 1,037.00 Sheriffs Sale Costs 0.00 Property Inspections 450.00 Appraisal/BPO 490.00 MIP/PMI 0.00 NSF Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 3/07/07 through the date of sale at six percent per annum. 40.00 0.00 S 999-36 $118,151.73 Note: The above figure is not a payoff quote. Sheriffs commission is not included in figure. 138606 ? rn L-9' 2 _ cc) n LA- g yp ^^•• U\ Q Truman Capital Mortgage Loan Trust 2004-1 hl the Court of Common Pleas of VS Cumberland County, Pennsylvania Anthony J. Reed and Rose M Reed a/k/a Rose M. Writ No. 2006-1276 Civil Term Lord R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills $30.00 2,402.13 15.00 15.00 .50 1.00 61.60 9.28 15.00 30.00 355.00 331.10 16.83 $3,282.44 ? ,afl01 '?"? old R. Thomas Kline, Sheriff Real Estate ergeant A1.50 3X4 r ,e 899 f TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 Plaintiff, V. ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1276 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,117 EAST MAIN STREET, WALNUT BOTTOM, PA 17266. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 1 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE AGENY 211 NORTH FRONT STREET HARRISBURG, PA 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR. 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 P.O. BOX 644 MURRYSVILLE PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements here' re made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn sift tion to a orities. September 27, 2006 DATE DANIEL . SHMIEG, SQUIRE Att for Plaintiff r TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 Plaintiff, V. ANTHONY J. REED ROSE M. REED A/K/A ROSE M. LORD Defendant(s). TO: ANTHONY J. REED 11.7 EAST MAIN STREET WALNUT BOTTOM, PA 17266 September 27, 2006 CUMBERLAND COUNTY No. 06-1276 ROSE M. REED A/K/A ROSE M. LORD 117 EAST MAIN STREET WALNUT BOTTOM, PA 17266 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 117 EAST MAIN STREET, WALNUT BOTTOM, PA 17266, is scheduled to be sold at the Sheriff s Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $105,379.24 obtained by TRUMAN CAPITAL MORTGAGE LOAN TRUST 2004-1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. f You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE VILLAGE OF WALNUT BOTTOM IN THE TOWNSHIP OF SOUTH NEWTON, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF PENNSYLVANIA STATE HIGHWAY ROUTE NO. 33 KNOWN AS THE WALNUT BOTTOM ROAD, AT CORNER OF LANDS NOW OR FORMERLY OF DONALD F. KEITER, THENCE BY SAID KETTER LAND, SOUTH 42-1/2 DEGREES WEST 27.2 PERCHES 449 FEET TO LAND NOW OR FORMERLY OF PRESTON BAKER; THENCE BY LAND NOW OR FORMERLY OF MARK E. COCKLEY, ET UX, NORTH 68-1/2 DEGREES EAST 78 FEET TO A POINT; THENCE BY OTHER LAND NOW OR FORMERLY OF MARK E. COCKLEY, ET UX, NORTH 41-1/2 DEGREES EAST 462 FEET TO THE CENTER OF THE AFORESAID HIGHWAY; THENCE BY THE CENTER OF SAID HIGHWAY, SOUTH 46-3/4 DEGREES WEST 65- 1/2 FEET TO THE PLACE OF BEGINNING. THE EASTERN LINE LIES EAST OF DRIVEWAY AND ALONG THE WESTERN EDGE OF SIDEWALK SITUATED ON THE ROAD LYING IMMEDIATELY TO THE EAST OF THE LAND HEREIN CONVEYED. BEING PARCEL NO. 41-31-2230-069 BEING THE SAME PROPERTY CONVEYED TO ANTHONY J. REED BY DEED FROM ANTHONY J. REED AND TAMEY K. REED, HIS WIFE, RECORDED 05/31/1994 IN DEED BOOK 106 PAGE 193. PROPERTY BEING: 117 EAST MAIN STREET RECORD OWNER: Anthony J. Reed & Rose M. Reed, h/w PREMISES SEARCHED: ,,117-East Main Street Walnut Bottom, PA 17266 File #: 131862 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1276 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TRUMAN CAPITAL MORTGAGE LOAN TRUST, 2004-1, Plaintiff (s) From ANTHONY J. REED, ROSE M. REED A/K/A ROSE M. LORD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee. you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $99,665.77 L.L. $30 Interest 3/3/06 TO 9/8/06 - $5,713.47 --- 9/8/06 TO 3/7/07 (PER DIEM $17.32) - $3,117.60 AND COSTS Atty's Comm % Atty Paid $150.64 Plaintiff Paid Date: SEPTEMBER 28, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Due Prothy $1.00 Other Costs 2 Curti R. Long, Protho, ry By: Deputy Supreme Court ID No. 62205 luuai?.zas aluls'd jua-H .,?s 90OZ 't ? .zagolap :ajpQ 'uia.i;)q pajptodaoaui aaua.iaja.i slid ?q pup ii.im siul 41tm paj?j «V» ligiuxH uo pagi.zasap ,?jjnj a.zow `woiiog jnuluA? `4331 S UIUN IsUA L E E su pa.zagwnu pup u,?nouN Vd `XlunoD puq ioqu.inD `digsumo j, uojnm rs? glnos ui palmlis ?Vodoid I-ea.i aql ui isa.ialui s,juepuajap auk uodn pain?i jji.i.a4 S oqj 90OZ ` E £ .mgojoo uo Z i # aipS alulsj jua21 4?5 r" THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Cornnonwealth of Pennsylvania, County of Dauphin; ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 8I8 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established !March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since: r hat the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular- daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volwne 14. Page 317. PUBLICATION t....... ................... COPY Sworn to an u sc i before me this 26th day of February 2007 A.D. SALE#12 COMMONWEALTH OF PENNSYLVP,NI i Notarial seal i erry LL Russell, Notary Public City Of Harris Burg, D in County ,lily C:ommiss' n Expic6s une 6, 2010 y?e r Pen ni socia!ion of N tar es NO RY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE #12 Writ No. 2006.1276 ChrN Term Truman CapRM Mortgage Loan That 2004-1 Vs. Anthony J. Reed and Rose M. Reed alk/a Rose M. Lord Atty: Daniel Schmieg DESPliur oN ALL THAT CERTAIN tract of land situated in the Village of Wahrut'hottom in the Township of South Newton, Canty of Cumberland, and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Pennsylvania State Highway Route No. 33 known as the Walnut Bottom Road, at corner of lands now or formerly of Donald F Keiter, thence by said Reiter land, South 42-112 degrees West 27.2 perches 449 feet to land now or formerly of Preston Baker, thence by land now or formerly of Mark E. Cockley, d wr North 68- 1/2 degrees East 78 feet to a point; thence by other land now or formerly of Mark E. Cockley, et ux, North 41-1/2 degrees East 462 feet to the center of the aforesaid highway; thence by the center of said highway, South 46-314 degrees West 65-112 fed to the place of BEGINNING. The eastern be lies east of driveway and along the western edge of sidewalk situated on the road lying imuned'iately to the east of the land herein conveyed. BEING PARCEL # 41-31-2230-069 BEING THE SAME •property conveyed to Anthony J. Reed by Dt+A from Anthony J. Reed and Tamey K. Reed, his wife, recorded 051311 1994 in Deed Book 106, page 193. PROPFKI Y BEING: 117 East Main Street RECORD OWNEW Anthony J. Reed & Rose M. Reed, h1w PREMISES SEARCHED: 117 East Main Street, Walnut Bottom, PA 17266. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. /Lisa Marie Co?rFie, Editor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL LU3l E. SNYUEFl, Notary Public Carlis:e oro, Cumberland County fir' r Carr )issicn Expires March 5, 2000 REAL ESTATE SALE NO. 12 Writ No. 2004-1276 Givii Truman Capital Mortgage Loan Trust. 2004-1 V11 Anthony J. Reed and Rose M. Reed a/k/a Rose M, Lord Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CETAIN tract of land situated in the Village of Walnut Bottom in the Township of South Newton, County of Cumberland, and State of` Pennsylvania, BOUNDED and described as fol- lows: BEGINNING at a point in the cen- ter of Pennsylvania State Highway Route No. 33 known as the Walnut Bottom Road, at corner of lands now or formerly of Donald F. Keiter, thence by said Keiter land. South 42-1/2 degrees West 27.2 perches 449 feet to land now or formerly of Preston Baker: thence by land now or formerly of Mark E. Cockley. et ux, North 68-1/2 degrees East 78 feet to a point, thence by other land now or formerly of Mark E. Cockley, et ux, North 41 1/2 degrees East 462 feet to the center of the afore- said highway, thence by the center of said highway, South 46-3/4 de- grees West 65-1/2 feet to the place of beginning. THE eastern line lies east of driveway and along the western. edge of sidewalk situated on the road lying immediately to the east of the land herein conveyed. BEING PARCEL NO. 41-31 2230-069. BEING THE SAME PROPERTY CONVEYED TO Anthony J. Reed by deed from Anthony J. Reed and Tamey K. Reed, his wife. recorders 05/31 / 1994 in Deed Book 106 Page 193. PROPERTY BEING: 117 EAST MAIN STREET. RECORD OWNER: Anthony J. Reed & Rose M. Reed, h/w. PREMISES SEARCHED: 117 East Main Street, Walnut Bottom,, PA 17266. PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Truman Capital Mortgage Loan Trust 2004-1 Plaintiff VS. Anthony J. Reed Rose M. Reed, a/k/a Rose M. Lord Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-1276 Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please mark Judgments satisfied and the Action settled, discontinued and ended. _X-Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: Francis S. Halli an, Esquire Attorney for Plaintiff PHS# 131862 ? n OD o r ?L