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Home My WebLink About06-1844 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQI, Plaintiff, vs, MICHAEL D, BLUMENTHAL, Defendant. TO DEFENDANT You arc hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ~ ' /' ~Tg:~~~~~~ ;~l[N~~~F Uli ~ 6 c_ I HEREBY CERTIFY THAT THE ADDRESS OF THE PLA[NTIFF IS: 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038 AND THE DEFENDANT IS: 315 S. Pitt Street Carlisle, P A 17013 ,/ J)). J( , ",Al(; ,1.( Ii ,! l A rfoRNEY FOR PLA[NT/FF - CERTIFICATE OF LOCA nON I HEREBY CERTIFY THAT THE LOCA TION OF THE REAL ESTATE AFFECTED BYTH[S LIEN [S Borough of Carlisle 3rd Ward (CITYjBORO, TOWf'lSH,~,WARD) J/~:v (.../(, ".t:.1t ((/,;. (/, Ie 1.,-- A TT RNEY FOR PLAINT[FF CIVIL DIVISION NO,: O~ - /f'll Co~LT&~ TYPE OF PLEADING CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2005- AQI COUNSEL OF RECORD FOR THIS PARTY: Kristine M, Anthou, Esquire Pa, LD, #77991 GRENEN & BIRSIC, P,C, One Gateway Center Ninth Floor Pittsburgh, P A 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQI, CIVIL DIVISION NO.: Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 MAYBE 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 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 Toll Free #: (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICA TEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQI, CIVIL DIVISION NO.: oL - If/.fl-f Cu;L~&u'1 Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2005-AQ1, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is LaSalle Bank National Association, as Trustee for Certificateholders of Bear Steams Asset Backed Securities I LLC, Asset Backed Certificates Series 2005-AQI, which has its principal place of business at 909 Hidden Ridge Drive, Suite 200, Irving, TX 75038 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendant, Michael D. Blumenthal, is an individual whose last known address is 315 S. Pitt Street, Carlisle, PA 17013. 3. On or about January 12, 2005, Defendant executed a Note in favor of Argent Mortgage Company LLC, in the original principal amount of$125,800.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about January 12, 2005, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Argent Mortgage Company LLC, a Mortgage in the original principal amount of$125,800.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 26, 2005 in Mortgage Book Volume 1895 Page 2322. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Argent Mortgage Company LLC, assigned all its rights, title and interest in and to aforesaid Mortgage and Note to Plaintiff pursuant to the terms ofa certain Assignment of Mortgage. 6. Defendant is the record and real owner ofthe aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the November 1, 2005 payment. 8. On or about November 2,2005, Defendant was mailed Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 (Act 91 Notice) in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff was not required to send Defendant a separate Notice ofIntention to Foreclose Mortgage in compliance with Act 6 of 1974,41 P.S. '101, et seq., as a result of sending the Act 91 Notice. 10. The amount due and owing Plaintiff by Defendant is as follows: Principal Interest to 3/14/06 Late Charges to 3/14/06 Escrow Deficiency to 3/14/06 NSF Fees Suspense Balance Corporate Advances Attorney's fees Title Search, Foreclosure and Execution Costs TOTAL $125,122.38 $4,583.87 $391.37 $0.00 $0.00 -$238.13 $136.60 $1,250.00 $2.500.00 $133,746.09 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of$133,746.09, with interest thereon at the rate of$27.77 per diem from March 14,2006, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.c. BY: , 'J . -,- . /. .. :~-/_/ / l ~V ,1 I (/. L I ) I l./-' LA. A , Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A . LO.O. 0070258397 - 9705 FIXED RATE NOTE THIS LOAN HAS A PREPAYMENT PENALTY PROVISION. January 12, 2005 [Dale] Rolling Meadows [City] IL [Slate) 315 S. PITT STREET. CARLISLE. PA 17013 [Property AddreS8] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 125,800.00 (this amount Is called "principal"), plus 'nterest, to the order of the Lender. The Lender is Argent Mortgage Company, LLC . 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who Is entitled to receive payments under this Note is called the "Note Hoider." 2. INTEREST Interest wJll be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yaarly rata of 8.100 'Yo. The interest rate required by this Section 2 Is the rate I will pay before and after any default described In Section 6(8) of this Note. 3. PAYMENTS (A) Tlma and Plaoa of Payments I will pay principal and Interest by making payments every month. I will make my monthly payments on the first day of each month beginning on March 1,2005. I will make these payments every month until I have paid all of the principal and Interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on February 1, 2035, I still owe amounts under this Note, I will pay those amounts in full on that date, which Is called the "Maturity Date." I will make my monthly payments at: 505 City Parkway West, Suite 100, Orange, CA 92868 or at a different placa If raqulrad by tha Nota Holder, (B) Amount of Monthly Paymants My monthly payments will be in the amount of U.S. $931.87. 4. BORROWER'S RIGHT TO PREPAY I may repay this Note at any time as provided for in this paragraph. If the original principal amount of this loan is $50,000.00 or less, I may make a full or partial prepayment without paying any penalty. However, jf the original principal amount of this Note exceeds $50,000.00, and jf within the first 3.00 year(s) after the execution of this Mortgage, I make full prepayment or, In certain cases a partial prepayment, and the total of such prepayments In any one (1) year exceeds twenty percent (20%) of the original principal amount, I will pay a prepayment charge in an amount equal to the payment of six (6) months advance interest on the amount prepaid which is in excess of twenty (20%) of the original principal amount. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, Is finally Interpreted so that the Interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then; (I) any such loan charged shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (II) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 8. BORROWER'S FAILURE TO PAY AS REQUIREC (A) late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date It is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6.000 % of my overdue payment of principal and Interest. I will pay this late charge promptly but only once on each fate payment. (B) Cefault If I do not pay tha full amount of aach monthly paymant on tha date It Is dua, I will baln dafault. (C) Notice of Cafault If I am in dafauit, tha Nota Holdar may sand ma a wrlttan nollca tailing ma that If I do not pay tha ovardua amount by a certain date, the Note Holder may require me to pay Immediately the full amount of principal which has nat been paid and all the interest that I awe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed me. 1012 Initials: ~1:12-/'"' 01/111200510:57:37 AM 200-1PA(FlII'I,10J00} . LI No. 0070258397 - 9705 (D) No Walvar by Note Holdar Even if, at a time when I am in default, the Note Holder doss not require me to pay immediately in full as described above, the Note Holder will still have the right to do so If I am in default at a later time. (E) Payment of Not. Holder's Costs and Expenses If the Note Holder has requIred me to pay Immediately in full as described above, the Note Holder will have the right to be paid back by me for all Its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. 7. GIVING OF NOTICES Unlass appllcabla law raqulraa a dlffarent mathod, any notice that must ba glvan to ma undar this Nota will be glvan by delivering it or by mailing It by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be gIven to the Note Holder under thIs Note wIll be gIven by mailing it by first class mail to the Note Holder at the address stated In Sectlon 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises made In this Note, Including the promise to pay the full amount owed. Any person who Is a guarantor, surety or endorser of this Note Is also obligated to do these things. Any person who takes over these obligations, Including the obligations of a guarantor, surety, or endorser of this Note, Is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person Individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of DIshonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as thIs Note, protects the Note Holder from possible losses which might result if I do not keep promises that I make in thIs Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneflelallntereat In Borrower. If all or any part of the Property or any Interest In it Is sold or transferred (or If a beneficial Interest in Borrower is sold or transferred and Borrower Is not a natural person) wIthout Lender's prior written consent, Lender may at Us option, require immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by lender If prohibited by federal law as of the date of this Security Instrument. If the lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or mailed within whIch Borrower must pay all sums secured by thIs Security Instrument. If Borrower falls to pay these sums prIor to the expiration of this period, Lender may invoke any remedies permitted by thIs Security Instrument without further notice or demand on Borrower. 7 J;L b..E~ WiTNESS THE HANO(S) AND SEAL(S) DF THE UNDERSIGNED AM~ Borrower: MICHAEL D. BLUMENTHAL SSN: 161.52-5682 (Seel) PAY TO THE ORDER OF AMERIQUEST MORTGAGE COMPANY WITHOUT RECOURSE ARGENT MORTGAGE COMPANY, LLC BY: WA~ENT BorroweeY: JVL./: -<r . SSN: ~N F! GRAZER, ~.V,P.jC.F.O. (Seal) Borrower: SSN: (Seal) fAr 18 TilE QR9iR Qf Borrower: SSN: WITHOUT RECOURSE AMERIQUEST MORTGAGE COMPANY (Seal) Inltlals:_ 20f2 01/111200510:57:37 AM 20Q-2F'A (RIlV. 10J00) EXHIBIT B Joe 4- J,fl "C"., ",.',..; ;:" "". .' 11,r::i.J - : "J i: ;}': ~ ,'I ,. 2u05 JHN 26 pr/ 1 55 Prepared By:Argent Mortgage Company I llC Return To: Donna Mordica 2550 Golf Road, East Tower, lOth Floor,Rolling Meadows, IL 60006 Argent Mortgage Company, lLC P,O. Box 5047 Rolling Meadows, IL 60008 Parcel Number: 04.21.0320.606 [Space Above This LIDe Fo.. R.eeordWa DtIta} MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13. 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Iostrument" means this document. which is datedJanuary 12. 2005 together with all Riders to this document. (B) "Borrower" is MICHAEL O. 8LUMENTMAL Borrower is the mortgagor under this Security Instrument. (e) "Lender" is Argent Mortgage Company, LlC Lender is a Limited l1 ability Company 0070258397 -9705 PENNSYLVANIA - Single Familv - Fennl. M..IFreddle Mac UNIFORM INSTRUMENT Form 3039 1101 _-6IPA)fOOO~1 PlgIl1011e InItllll.:~ 01/11/2005 10:57:37 YMP MOATG.t.GE FOAMS-IBOO1&21.7291 BK I 8 9 5 PG 2 3 2 2 organized and existing under the laws of De 1 aware Lender'saddressis One City Boulevard West Orange. CA 92868 Lender is the mortgagee under this Security InstrUment. (0) "Note" means the promissory note signed by Borrower and datedJ anu a r y 12. 2005 The Note states that Borrower owes Lender one hundred twenty. five thousand eight hundred and 00/100 Dollars (U.S. $125,800.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 1, 2035 (E) "Propertylt means the property that is described below under the beading "Transfer of Rights in the Property. " (F1 "Loanll means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) l1Riderslt means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: D Condominium Rider D Second Home Rider D Planned Unit Development Rider 0 1-4 Family Rider o Biweekly Payment Rider ~ Other(a) [specify] 't1j (II) "Applicable Law" means all controlling applicabte federal, s;!J'.oo local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessmentsll means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) ftElectronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of.sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) uEscrow ]terns" means those items that are described in Section 3. (L) lIMisceilaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of aU or any part of the Property; (Hi) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value andlor condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Perlodlc Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 0070258397 - 9705 \n1~I:~ PIQtI2 of lCl 01/11/2005 10:51:37 Form3039 1/01 o Adjustable Rate Rider D Balloon Rider o VA Rider _-6IPA) {OOO8l BK I B95PG2323 (0) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C,P.R. Part 3500), as they might be amended from time to time. or any additional or successor legislation or regulation that governs the same subject matter, As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property. whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County [Type of Recordingluriadiction] of CUMBERLAND [Name of Record in a Jurisdiction]: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF: which currently has the address of 315 S. PITT STREET CARLI S LE ("Property Address.): [City}, Pennsylvania 17013 [Street] {Zip Code} TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances. and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. AU of the foregoing is referred to in this Security Instrument as the "Property. " CI!:\-6IPAIIOOOSl P.g.3otHI 0070258397 - 9705 Inhl8la:~ 01/11/2005 10:57:37 Form 3039 1/01 BK 1895PG2324 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Propeny and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unifonn covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of. and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by lender as payment under the Note or this Security Instrument is returned to Lender unpaid. Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following fomtS, as selected by Lender: (a) cash; (b) money order: (c) certified check, bank check, treasurer's check or cashierls check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do 80 within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note inunediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note: (b) principal due under the Note: (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 041.SIPAlIOOO81 P.401lD 0070258397 -9705 InltioIl:~ 01/11/2005 10:57:37 '0,,"303. 1101 BK 1895PGZ325 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, sucb excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the ftFunds") to provide for payment of amounts due for: (a) taXes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5: and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow ItemS. " At origination or at any time during the tenn of the Loan, Lender may require that Conununity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower sball promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in mis Security Instrument, as the phrase ~covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pennit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed. the muimum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest _-6IPA) tOOO~) Pagl ~ of \8 0070258397 .9705 Inltl'II:~ 01/11/200510:51:37 FDrm3039 1'01 RK I 8 9 5 PG 2 3 2 6 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shonage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instroment unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings ue pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instroment, Lender may give Borrower a notice identifying the lien. Within to days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification andlor reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage, ~ and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tenn of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone detennination resulting from an objection by Borrower. _;6IPAllOOOBl ~.lI& S 0118 0070258397 -9705 InIIIJl.;~ 01111/2005 10:51:37 Form3039 1/01 BK 1895PG2327 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property. against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of illBurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such poHcies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any fonn of insurance coverage, not otherwise required by Lender, for damage to, or destmction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly, Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such illBurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security IllBtrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notiCe from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rigbts to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instntment, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security IllBtrument, whether or not then due. _.eIPA1COOOSl 0070258397 - 9705 Inlll&Ie:~ PIIg&7ollll 01/11/2005 10:57:37 form3039 1/01 BK 1895PG2328 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detennined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding io bankruptcy, probate, for coodenmation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which bas priority over this Security Instnunent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrumenl, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9. Lender does not have to do so and is not under any duty or obligation to do SQ. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. ~.6fPAllOOO8I 0070258397 .9705 ltitl'":...b:1l2!l. P_Sot16 01/11/200510:57:37 Form30391/01 BK 1895PG2329 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument, These amounts shan bear interest at the Note rate from the date of disbursement and sball be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgaae Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the antOWlt of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept. use and retain th.ese payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such 1088 reserve shall be non-refwtdable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any inte.rest or earnings on such loss reserve. Lender can no longer require toss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making tbe Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrowe.r shall pay the premiums Tequired to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until tennination is required by Applicable Law, Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage InSurance. Mortgage insureIS evaluate theiT totBl risk on aU such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be cbaracterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an afftliate of Lender takes a share Qf the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed ncaptive reinsurance. II Further: (a) Any sucb agreements wiD not afted tbe amounts thllt Borrower bas agreed to pay for Mortgage Insurance, or auy other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any retund. _.eIPAllOOOBI I'IijlI80fHI 0070258397 - 9705 Inltloll:~ 01111/200510:5'1:37 FOlm30391101 BK 1895PG2330 (b) Any such agreements win not affect the rights Borrower has . if any . with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund or any Mortgage Insurance premiwm that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender othelWise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that. in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing tbe action or proceeding to be _-6fPAl1OOO81 I'Ige10a116 0070258397 -9705 01/11/2~~~':~:37 Form3039 1/01 BK 1895PG2331 dismissed with a ruling that. in Lender's judgment. precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. Tbe proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall he paid to Lender, All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liabUity of Borrower or any Successors in Interest of Borrower. Lender shall not be required to conunence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy, 13. Joint and Several Liability; Co-sJgners; Successors and Assigns Bound, Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co.signs this Security Instrument but does not execute the Note (a "co-signer~): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instnunent; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any acconunodations with regard to the term.s of this Security Instrument or the Note without the co.signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instnunent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee, Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded penniued limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or nol a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notlces. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing, Any notice to Borrower in connection with this Security Instrument shall be deemed to 0070258397 .9705 1nI~a1S;~ PIgll1ol16 01/11/2005 10:67:37 Form3039 1/01 ~'6IPAI(00081 BK I 8 9 5 PG 2 3 32 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated II substitute notice address by notice to Lender. Borrower sbaH promptly notify Lender of Borrower's change of addIess, If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone lime. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security lnstroment shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. AU rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In. the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisiom of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include conesponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or 8 Beneficial Interest in Borrower. As used in this Section i8, "Interest in the Property" means any legal or beneficial interest in the Property, lncluding, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofwbich is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option sball not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not iess than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security Instnnnent. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of we contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or _-6\PA) 100081 0070158397 - 9705 Pege12.cf111 01/11/2~~~:~:37 Form3039 1/01 BK 1895PG2333 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instnunent; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security InstI1llI1tJlt, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the fOllowing foam, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinslate shall nOI apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicerj Notice of Grievance. The Note or a partial interest in the NOle (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the KLoan ServicerK) that collects Periodic Payments due under the Note and this Security Instrument and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated 10 a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other infonnation RESPA requires in connection with a notice of transfer of lletVicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan SetVicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may conunence, 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 actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time periOd will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous SubstanteS. As used in this Section 21: (a) KHazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flanunable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) NEnvirorunental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an KEnvironmental ConditionN means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. ~.6IPAllOOO81 P.U.'3of16 0070258397 -9705 01/11/2~oi~~.:~37 Form 3039 1/01 BK 1895PG233~ Borrower shall not cause or permit the presence, Use, disposal, storage, or release of any Hazardous SllbstanccS, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Enviromnental Condition, or (c) which, due to the presence, use, or release ofa 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 small quantities of Hazardous Substances that are generally recognized to be appropriate to nonnal residential uses and to maintenance of the Property (including, but Dot limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving \he Property and any Hazardous Substance or Environmental Law of wbich Borrower has actual knowledge, (b) any Envirorunental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party. that any removal Qr other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acce1eration; Remedies. Lender shall give notice to Borrower prior to acceleratJon following Borrower's breacb of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the defaultj (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument. foreclosure by judicial proceeding Bod sale of the Property. Lender shall further infonn Borrower of the right to relPState after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at \tfi option may require immediate payment 10 full or aU sums secured by thls Security Instrument without further demand and may forec1ose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in tbis. Section 21, Including, but not Umlted to, attorneys' fees and costs ot title evidence to the extent pennitted by Applicable Law. 23. Release. Upon payment of aU sums secured by this Security Instrument, this Security lnstrument and the estate conveyed shall tenninate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is pennitted under Applicable Law. 24. Waivers. Borrower, to the extent pennitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mongage foreclosure shall be the rate payable from time to time under the Note. e-6IPA) (00081 . OO)02~~.9)05 P_14C!18 01/11/2;~.;: 10: .37 Form3039 1/01 BK 189SPG2335 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ~ ,7 7<3~ ~/7 E. 3........, (Seal) -Borrower (Seal) -Borrower (Seal) .Borrower _.6IPAll00031 l1A~ MICHAEL D. 8LUMENTHAL (Seal) -Borrower (Seal) -Borrower (Seal) .Borrower (Seal) .Borrower (Seal) 0070258397 - 9705 -Borrower Pagelhfle 01/11/200510:57:37 Form3039 1/01 BK I 8 95 PG 2 3 3 6 . --., Certificate of Restdence I,--~- I do hereby certtfy that the correct address of the wlthfn-named Mortgagee is Witness my hand this ___.. _ D., day of MonthNear Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA On this tha I;;l. Ii>- Day the undersigned officer, personally appeared Wllr1......1 D. BI,~......-tI....L y~.rt- County .s: day of ~~9ar ~()S- before me, known to me (or satisfact.only proven) to be the person(s) whose name(s) lslare subscribed ~o the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commlsslon Expires: NOTARiAl SEAL I JOHN E, BUNN, Notary Public EaaI Manch8alor lWp., York County MyOommI8ston ExpIres Sepl19, 2005 _ ~,~a /" - - - Title of Officer Immlml~~IIDII~ 4OQ..l8PA(4I02j f'll.\I'I11laftIJ. 0070258397 - 9705 01/111200510:57:37 AM ~. I Certify this to be recorded [n Cumberland County PA ~r' ~~ ~ Recorder of Deeds BR 1895PG2337 Stewart Tille Commitment Number: 2004120033AM" SCHEDULE C PROPERTY DESCRIPTION The land referred 10 In this Commitment Is described as follows: ALL that certain tract of land together with the improvements thereon erected, located In the Third Ward of the Borough of Carlisle. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on South Pitt street, at the South-western comer of lot now or formerly of Ira E. Zeigler; thence in an Easterly directIon along saId lot now or formerly of Ira E. Zeigler, 110 feet, more or less. to a 9 foot alley; thence in a Southerly direction along the said 9 foot alley, 30 feet to a point; thence in a Westerly direction along land formerly of Walter Stuart and Jacob H. Foreman, now or formel1y of J. Harvey Heagy, 110 feet, more or less, to South Pitt Street: thence in a Northerly direction along said South Pitt Street, to a point the Place of BEGINNING. CONTAINING 30 feet in front on South Pitt Street, and extending back CI1 even width 110 feet, more or less, to a 9 foot allay, HAVING thereon erected a 2~1/2 story brick dwelling house known as 315 South PItt Street, Carlisle, Pennsylvania 17013. BEING Lot No.1. Parcel # 04-21-0320-606 AlTACommltmenl ScheduJeC (200412003MM.PF0f2004120033AM15) BK 1895PG2338 VERIFICATION The undersigned and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa C.S.A. S 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true nd correct to his info and belief. ?V X ~ fL if:.. 0 U') ~ --- C5 ~ " ~ ("., - , , ~ ..:r --- -u C) C) --- " - -- (y F If"', C :-' ::-1 1'-, t.:. -.',j , ::p ~;) , ~t - -.". ( , , ;.1 , ~< (,) - .J.; -_.i ....;;: . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR NO. 06-1844 CIVIL TERM STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, Plaintiff TYPE OF PLEADING vs. MICHAEL D. BLUMENTHAL, Defendant CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE NOTICE To: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, Plaintiff: You are hereby notified to file a written response to the the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. By: jJv(~ Michael . Blumenthal, Defendant ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR NO, 06-1844 CIVIL TERM STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, Plaintiff TYPE OF PLEADING vs. MICHAEL D. BLUMENTHAL, Defendant CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE ANSWER WITH NEW MATTER Michael D. Blumenthal, Defendant, in the above captioned matter, makes the following Answer and New Matter in response to Plaintiff's Complaint. 1 . Admi tted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7 . Admi tted . 8. Denied. The Defendant did not receive "Notice of Homeowner's Mortgage Assistance Act of 1993". Under the circumstances, Defendant believes and therefore avers that Plaintiff did not mail the required Notice to the Defendant. 9. Admitted. 10. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the ~ I' averments of Paragraph 10 and proof thereof is demanded. WHEREFORE, Defendant prays Your Honorable Court to enter judgment in favor of the Defendant. NEW MATTER 1. The averments of Defendant's Answers to Plaintiff's Complaint are incorporated herein by reference thereto, 2. It is the Defendant's understanding that the laws of the Commonwealth of Pennsylvania require a mortgage creditor to provide a debtor in default a Thirty (30) Day Notice to seek assistance and cure the default as required Act 91, the Homeowner's Emergency Mortgage Assistance Act. Defendant was not provided the required Act 91 Notice and believes and therefore avers that Plaintiff did not send it. Plaintiff having failed to comply with the laws of the Commonwealth of Pennsylvania, judgment should be entered in favor of the Defendant and against the Plaintiff. WHEREFORE, Defendant prays Your Honorable Court to enter judgment in favor of the Defendant and against the Plaintiff. ~V--" Mic ael ~Blumenthal, 315 South pitt Street Carlisle, PA 17013 Defendant -2- VERIFICATION Michael D. Blumenthal hereby verifies that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsifications. It/lit;??-; - Michael . Blumenthal DATE: April 17 , 2006 -3- , CERTIFICATE OF SERVICE AND NOW, this If~ day of April, 2006, I, Michael D. Blumenthal, hereby certify that I have served a copy of the Answer with new Matter by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Kristine M. Anthou, Esquire GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 Counsel for Plaintiff AMff7:r ~ichael D. Blumenthal 315 South pitt Street Carlisle, PA 17013 - " F":>- ~':i' (") .~ -- _J cr; u) '- ~J :....- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERT~ICATEHOLDERSOFBEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTffICATES, SERIES 2005-AQl, Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. CIVIL DIVISION NO.: 06-1844 TYPE OF PLEADING REPLY TO NEW MATTER FILED ON BEHALF OF PLAINTIFF: LaSalle Bank National Association, as Trustee for Certificateholders of Bear Steams Asset Backed Securities I LLC, Asset Backed Certificates, Series 2005- AQl COUNSEL OF RECORD FOR THIS PARTY: Mary D. Grenen, Esquire Pa. 1.D. #52698 GRENEN & BlRSIC, P.c. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERSOFBEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQI, CIVIL DIVISION NO.: 06-1844 Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. REPLY TO NEW MATTER And now comes, LaSalle Bank National Association, as Trustee for Certificateholders of Bear Steams Asset Backed Securities I LLC, Asset Backed Certificates, Series 2005-AQ1, by its attorneys, GTenen & Birsic, P.C., files this Reply to New Matter and states as follows: 1. Plaintiff incorporates by reference averments set forth in paragraphs 1 through 10 of its Cornplaint in Mortgage Foreclosure as if set forth more fully at length herein. 2. The allegations set forth in paragraph 2 of Defendant's New Matter are conclusions of law to which no response is required. To the extent a response is necessary it is specifically denied that Defendant was not provided the required Act 91 Notice and that the Plaintiff did not send/mail same to Defendant. To the contrary, the Act 91 Notice referred to by the Defendant was mailed to the Defendant on or about November 2, 2005. . WHEREFORE, Plaintiff respectfully requests that judgment be entered in its favor and against the Defendant. GRENEN & BIRSIC, P.C. BY: Mary D. Attorneys r Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 . ATTORNEY VERIFICATION I, Marv D. Grenen , Esquire, authorized counsel for LaSalle Bank National Association. et al deposes and says subject to the penalties ofl8 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Replv to New Matter are true and correct to my information and belief. Name: Title: Counsel r LaSalle Bank National Association, et al. . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Reply to New Matter was served via First Class, U.S. Mail, postage prepaid, this :;;llrn day of ClQnk 9 , 2006, upon the following: Michael D. Blumenthal 315 South Pitt Street Carlisile, PA 17013 GRENEN & BIRSIC, P.C. BY: MaryD. Gr Attorneys fo laintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 ".. 'i; ~ <::,.::> 0.... 2;: , ~~ :? rn~ -D_n "i;~;,;,) -:; :"-::-, -'l c_.,~ 1 rv ..,,",. ::.;:".. .S?' .~ ~ \~} [',) 0-' PRAECIPE FOR LISTING CASE FOR ARGUMENT (tu;t be typewritten am subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter far the next ArgmBlt Court. --------------------------------------------------------------------------------------~ CAPTION OF CASE (entire caption rrust be stated in full) LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ1 ( plaintiff) vs. MICHAEL D. BLUMENTHAL (Defemant) No. 06-1844 Civil f:=~tat-e~t~-eruta=tlie=_argued , ( i.e. , ---plili:iitI.ff1s-:-i1i)tii::ln-far-----new------a:i.al;-~t. s denurrer to c::arplaint, ete.): Motion for Summary Judgment 2. Identify counsel who will argue case: (a) far plaintiff: Mary D. Grenen, Esquire Address: Grenen & Birsic, P.C., One Gateway Center, Nine West Pittsburgh, PA 15222 . (b) far defendant: Michael D. Blump.nthal, Pro se Address: 315 South Pitt Street Carlisle, PA 17013 3. I will. notify all parties in writing within two days that this case bas been listed for aJ:"g\Dent. 4. ArglInent Court Date: July 12, 2006 Dat-ed: ~~ Attorney f Plaintiff =-< '" = = c:r- L. c: Z o ." :2 rn::D I ~~~ I -!.~ <"? (:' urn j;! :0 -< I N -0 ::!: w C> en IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ) CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR ) CERTIFICATE HOLDER OF BEAR ) NO.: 06-1844 STEARNS ASSET BACKED ) SECURITIES I LLC, ASSET BACKED ) CERTIFICATES SERIES 2005-AQ1, ) TYPE OF PLEADING: ) Plaintiff, ) Motion for Summary Judgment in ) Mortgage Foreclosure vs. ) ) MICHAEL D. BLUMENTHAL, ) FILED ON BEHALF OF PLAINTIFF: ) Defendant. ) LASALLE BANK NATIONAL ) ASSOCIATION, AS TRUSTEE FOR ) CERTIFICATE HOLDER OF BEAR ) STEARNS ASSET BACKED ) SECURITIES I LLC, ASSET BACKED ) CERTIFICATES SERIES 2005-AQ1, ) ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Mary D. Grenen, Esquire ) Pa. LD. #52698 ) ) GRENEN & BIRSIC, P.C. One Gateway Center, 9th Floor Pittsburgh, P A 15222 (412) 281-7650 COUNSEL FOR DEFENDANT: Michael D. Blumenthal, pro se 315 South Pitt Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIA nON, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ1, Plaintiff, CIVIL DIVISION NO.: 06-1844 vs. MICHAEL D. BLUMENTHAL, Defendant. MOTION FOR SUMMARY JUDGMENT AND NOW, comes Plaintiff, LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ1 (hereinafter "Plaintiff"), by its attorneys, Grenen & Birsic, P.e., and files the within Motion for Summary Judgment and in support thereof states as follows: 1. Plaintiff commenced the above-captioned action by filing a Complaint in Mortgage Foreclosure on April 4, 2006. 2. In its Complaint, Plaintiff alleges that Defendant, Michael D. Blumenthal (hereinafter "Defendant"), is in default under the terms of a Note dated January 12,2005, in favor of Plaintiffs assignee in the original principal amount of$125,800.00 (hereinafter "Note") and a Mortgage securing said Note on real property and improvements thereon commonly known as 315 S. Pitt Street, Carlisle, P A 17013 (hereinafter "Premises"). 3. In his Answer, the Defendant admits the following relevant material facts: a) Defendant executed the Note; b) Defendant executed the Mortgage, which was recorded in the Office of the Recorder of Deeds of Cumberland County; c) Defendant is the record and real owner of the Premises; d) Defendant is in default. 5. The Defendant denies and sets forth as an affirmative defense that he was mailed a combined Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice"), in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended and Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974,41 P.S. S 1 01, et seq. However, attached hereto and marked as Exhibit" A" is a true and correct copy of said notice mailed November 20,2004 via certified mail with the proof of mailing of same. Moreover, the Act requires proof of mailing only, not proof of receipt. The Acts specify that actual receipt is not required, rather it is only required that the Notices are sent to the last known address ofthe Defendant and the property address, if different.41 P.S. sec. 403(b) (Act 6) and 35 P.S. sec. 1680.402c (Act 91). 6. Defendant also denies that the amount set forth in the Complaint is accurate. However, attached hereto and marked as Exhibit "B" Plaintiff has filed a sworn Affidavit. In the Affidavit, an authorized representative of Plaintiff certifies that the Defendant is in default under the terms of the Note and Mortgage. The testimony is based on the Loan History Report, which is a business record of Plaintiff maintained in the regular course of business and certifies all amounts including interest and late charges and escrow amounts that were incurred for payment of taxes or insurance which Defendant failed to maintain and were paid by the Plaintiff pursuant to the terms of the mortgage contract. . 7, According to the Loan History Report attached hereto, the amount due and owing by Defendant to Plaintiff is as follows: Principal Interest to 3/14/06 Late Charges to 3/14/06 Escrow Deficiency to 3/14/06 NSF Fees Suspense Balance Corporate Advances Attorney's fees Title Search, Foreclosure and Execution Costs TOTAL $125,122.38 $4,583.87 $391.37 $0.00 $0.00 -$238.13 $136.60 $2,125.00 $2.500.00 $134,621.09 for a total of$134,621.09 with interest thereon at the rate of $27.77 per diem from March 14, 2006, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs. 8. Additionally, the law in Pennsylvania holds that the entry of summary judgment is proper in a mortgage foreclosure action if the mortgagor admits that the mortgage is in default, that he has failed to pay interest on the obligation, and that the recorded mortgage is in the specified amount. This is so even if the mortgagor has not admitted the total indebtedness in the pleadings. Cunningham v. McWilliams, 714 A.2d 1054 (1998). All of the essential elements have been established. 9. The Defendant has failed to raise a genuine issue of material fact in his Answer and has failed to offer any evidence to support his alleged defenses, which are insufficient as a matter of law to defeat summary judgment. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant its Motion for Summary Judgment and enter judgment in its favor and against Defendant, Michael D. Blumenthal, in the amount of $134,621.09 with interest thereon at the rate of $27.77 per diem from March 14,2006, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs, and for foreclosure and sale of the Mortgaged Premises. Respectfully submitted, GRENEN & BIRSIC, P.e. By: Mary D. Pa. LD. #5 98 Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, PA 15222 (412) 281-7650 EXHIBIT "A" U.S. POSTAL seJMCE CERTIFICATE OF MAll1tG ......,.......... DC! 0:- '\A47 '-_ """1 EMC Mortgage Corporation e e 7104 5400 2100 1137 4167 November 02, 2005 *0003053658* Michael D. Blumenthal 315 S Pitt Street Carlisle, P A 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages, IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can help you. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet with the counselinl! al!encY. The name. address. and phone number of Consumer Credit Counselinl! Al!encies serving your county are listed at the end of this Notice. If YOU have any Questions. YOU may call the Pennsylvania Housinl! Finance Al!encY toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information, If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area, The local bar association may be able to help you find a lawyer, La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccionirnmediatamente lIamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por eI programa lIamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S) : PROPERTY ADDRESS: Michael D. Blumenthal 315 S Pitt Street Carlisle, PA 17013 0010192680 EMC Mortgage Corporation LOAN ACCOUNT NUMBER: CURRENT SERVICER You may be eligible for [mandaI assistance which can save your home from foreclosure and help you make future morte:age pavrnents if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may' be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, 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. Page two e e 0010192680 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer counseling agencies for the county in which your prooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default), If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEF AUL T - The MORTGAGE debt held by the above lender on your property located at Street Carlisle, P A 17013 IS SERIOUSLY IN DEFAULT because: 315 S Pitt YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 09/01/2005: (b) Late charge(s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 11/01/2005: $2,795.61 $223.64 $18.30 $,00 $3,037.55 YOU HA VB FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS 53,037.55, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at PO BOX 660530, DALLAS, TX 75266-0530. e e 0010192680 Page three IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00, Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be reauired to pay attornevs' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Address: HOW TO CONTACT THE LENDER EMC Mortgage Corporation Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 Telephone Number: 1-888-609-2379 EFFECT OF SHERIFF'S SALE - You should realize that a sheriff's sale would end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You 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 attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT . To sell the property to obtain money to payoff the mortgage debt, or borrower money from another lending institution to payoff this debt. . To have this default cured by any third party acting on your behalf. . To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). . To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. . To assert any other defense you believe you may have to such action by the lender. . To seek protection under the federal bankruptcy law. e e 0010192680 Page four EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: a) Provide to you verification of the debt or a copy of any judgment entered against you. b) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014-1358 EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ1, Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. ) CNIL DNISION ) ) NO.: 06-1844 ) ) ) TYPE OF PLEADING ) ) AFFIDAVIT IN SUPPORT OF MOTION ) FOR SUMMARY JUDGMENT ) (Mortgage Foreclosure) ) ) ) FILED ON BEHALF OF PLAINTIFF: ) ) LASALLE BANK NATIONAL ) ASSOCIATION, AS TRUSTEE FOR ) CERTIFICATE HOLDER OF BEAR ) STEARNS ASSET BACKED SECURITIES I ) LLC, ASSET BACKED CERTIFICATES ) SERIES 2005-AQl ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Mary D. Grenen, Esquire ) Pa. I.D. #52698 ) ) GRENEN & BIRSIC, P.C. ) One Gateway Center, 9th Floor ) Pittsburgh, P A 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR NO.: 06-1844 STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQl, Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT The undersigned, a duly authorized Representative of EMC Mortgage Corporation, Attorney-in-Fact for Plaintiff, being first duly sworn, states of my own personal knowledge that: 1. I am a duly authorized Representative of EMC Mortgage Corporation, Attorney- in-Fact for Plaintiff in the above-captioned matter. The following is based upon personal knowledge. 2. This action was brought to foreclose on a Mortgage which secures a Promissory Note. 3. The Defendant is in default under the terms of the Note and Mortgage for, among other reasons, failure to pay the monthly installments of principal and interest when due. 4. The Loan History Report with respect to the loan upon which Plaintiff requests judgment in mortgage foreclosure against the Defendant is a business record of Plaintiff, maintained in the regular course of business. The Loan History Report reflects all of the payments made on the account, along with the corresponding balances, and accurately reflects the amounts due and owing by Defendant. Attached hereto as Exhibit n 1" is a true and correct copy of the Loan History Report. 5. After allowing Defendant all proper deductions, credits and set-offs, the following is an itemization of the amount due and owing by Defendant to Plaintiff: Principal Interest to 3/14/06 Late Charges to 3/14/06 Escrow Deficiency to 3/14/06 NSF Fees Suspense Balance Corporate Advances Attorney's fees Title Search, Foreclosure and Execution Costs TOTAL $125,122.38 $4,583.87 $391.37 $0.00 $0.00 -$238.13 $136.60 $2,125.00 $2.500.00 $134,621.09 for a total of $134,621.09 plus interest at the daily rate of $27.77 from March 14, 2006, plus additional late charges, attorneys' fees and costs. EMC MORTGAGE CORPORATION, as Attorney-in-Fact Name: Title: Ident By: SWORN TO AND SUBSCRIBED BEFORE ME THIS~DAYOF M4'f ,2006 6d4Vu-~~ - Notary Public (SEAL) My Commission Expires: /,...8 r 10 e BETTE J. PETERSON NOTAR1P\.8.1C - MINNESOTA MY COMMISSION EXftIRES JAN. 31. 2010 " j~~~q $:)IV Inst~ieeA . ,. . ...; , . ,. .~.. . EXHIBIT "1 " MQRT(1A~l; J..Qtlli. HISTORY 0'5-2$-~~ INV-LN Al 1-0'0'1-0'0'10'192680 DUE 11-0'1-0'5 TYFlE 13 INT .08100'0'0' FIRST FlB 125.122.38 2ND FlB .0'0 931 .87 SF .0'0500'0'0'0' SUSFl 238. 13 STOFl 0 B Fl F N A D L .00 F 0 0 3 1 4 0' ~ LN 0010'192680' NAME MD BLUMENTH BR RS MAN F Fl-TYFlE HUD .00' NET REFl .0'0 RES AFlFl DUE TYFlE/TRAN AMOUNT FlRIN-FlD FlRIN-BAL INT-FlD ESC-FlD ESC-B-AL A&H-INS LIFE-INS LC/FEES MISC-FlD ADV-BAL SUSFl SC/FlAYEE ~ 06-0'2 0'5-05 1 72 931.87 .00' 125.634.0'0' .00' .00' .0'0' .0'0' .0'0' .0'0' .0'0' .0'0' 931 .87 0'5-11 0'0'-0'0' 7 45 15.0'0'- .00' 125,634.0'0' .00' .0'0 .0'0 .0'0' .0'0' .0'0' .0'0' .0'0' .0'0' 0'5-10' 05-0'5 1 42 .0'0 125.634.0'0- 125.634.0'0' .0'0' .0'0' .0'0' .0'0' .0'0' .0'0' .0'0' .0'0' .00' FlAGE0'09 OF 00'9 **PRESSPFl0'FOR.alMQNTHS** OLDEST TRAN0'5-t0....05~Fl P~~9 LN 0'0'1E;)192680 NAME MD BLUMENTH BR RS MAN F P-TVPE HUD .00' NET REP .00' RES APP DUE TYPE/TRAN AMOUNT PRIN-PD PRIN-BAL INT-PD ESC-PD ESC-BAL A&H-INS LIFE-INS LC/FEES G MISC-PD ADV-BAL SUSP SC/PAVEE MOR,TGAGE .~, HI$:TORV 05-23",,(;)6 INV"'LNA11-(ili01"'0'0101~2680 DUE ."11-01"'05 TYPE 13 INT .0~10'00'0 FIRST PB 125.122.$8 2ND PB .00' 9S1.87 SF;00'5000'0'0SUSP 238. 13 STOP 0 B P F N '~..[) L .00' F 0 0 3 4<0' 1 07-07 06....03 06"'"'03 0'6:'""02 06....05 06""'05 05""'05 05"'"'05 1 72 731 73 1 73 931 .87 .00 .00' 9.95 .00 .0'0 83.84 ;0'0 1251550.16 125.55(}.<16 125,550.16 125,634.00 .00 .00 848.03 .00' .00 .00 .00 .00 . 00 .00' .00' ;00 .00 .0'0' .0'0 .0'0' .0'0 .00' .0'0' .00 .00' .00' .0'0' G 9.95 . GO' .0'0' .0'0' .0'0 .0'0' .0'0' .0'0 .0'0 931.87 .0'0' 931.87.... .00 PAGE 0'08 OF .009 0'7-07 0'6-05 1 73 9.95 .0'0 1 25 1550' . 1 6 .0'0' .0'0 .00 .00 .0'0' 9.95 .0'0 .00 .00 ~ ~ TOTAL TRANS AVAILABLE 0043 OLDEST TRAN 05-10-05 "p ~ LN 0010192680 NAME MO BLUMENTH BR RS MAN F P,...TVPE HUD .00 NET REP .00 RES APP MQRT9A~l;~ HIST,Ofi'V, . 05'",,:~3"":G~ 1N\1....LNA11--001...0010192680 DUE"ll....01....05 TVPI;:i13 INT ~(i)~t0{;)00 FrRST PB 125.122.38 2ND PB .00 931.87 SF.00500000SUSP 238.13 STOP D B P F N ~p L .00 F 0 0 3 1 4,0 1 07""'2(5 07....18 07"'-08 07....08 00,...00 07-05 07--05 06...05 6 31 ~21 '73 73 .00 .00 .00 ~(i)0 .00 .00 .0084.41 12~1465.'75 125.,46~.75 125.4.65.'75 12~i465.75 .00 .00 .00 847.46 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 55. 9:1- . 00 ~00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 931 .87.... DUE TVPE/TRAN AMOUNT PRIN-PD PRIN-BAL I NT-PO ESC-PD ESC-BAL A~H-INS LI FE-INS LC/FEES MISC-PD ADV-BAL SUSP SC/PAVEE 08-16 07-05 52 .00 .00 125,465.'75 .00 .00 ~00 .00 .00 55~9:1- .00 .00 .00 PAGE 007 OF 009 10'7423 ~ TOTAL "FRANS AVAILABLE 0043 OLDEST TRAN 05"'-10....05e,P ~ LN 0010192680 NAME MD BLUMENTH BR RS MAN F P-TVPE HUD .00 NET REP .00 RES APP DUE TVPE/TRAN AMOUNT PRlN-PD PRIN-BAL I NT-PO Ese-po ESe-BAL A&H-INS LIFE- INS LC/FEES MISC-PD ADV-BAL SUSP SC/PAVEE ~ PAGE,006 OF 009 10-04 0~-05 1 72 931 .~7 ~OO 1251380.77 .00 .00 .00 .00 .00 ~00 .00 .00 931 .87 MPRT9AGJ;;~HISTClRY .05......g3:-06 INV""L..NA:ll"""001~00101926~0 DUE 11-01""05 TYPEl 3 INT .0:&10000 FIRST PB 1251122.382NDPB.00 931.87 SF .0:0500000 SUSP 238.13 STOP 0 B P F N A/D L .00 F 0 0 3 1 40 1 09......2& 09-1,9 09'-16 0&....31 00-0:0 00......00 08...05 07.....05 6 ~ 7 e ~ 1 n .00 3 .50 .00 941 .<82 .00 ,00 .00 84.9& 1251~&0.771.251380 .77 125,380.77 12513&0.:77 .00 . 00: .00 846i8~ .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ~00 .00 .00 .00 .00 .00 55'.91.... G 9.95 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ,00 .00 0....94544 ~ TOTAL TRANS AVAILABLE 0043 OLDEST TRAN 05-10-05 t.,P P309 LN 0010192680 NAME MD BLUMENTH BR RS MAN F P~TVPE HUD .00 NET REP .00 RES APP DUE TVPE/TRAN AMOUNT PRIN~PD PRIN-BAL INT~PD ESC~PD ESC-BAL A~H-INS LIFE-INS LC/FEES MISC-PD AOV-BAL SUSP SC/PAVEE PAGE 005 OF 009 MORTGAGEJ....Q8t:!HI~TORV 05....a~.....(;)8 IN\r....LNf\I.1...00 1-(:)0101926eJO DUE 11'-01-05 TVPE13 INT .0610000 FIRST PB 125.122;362N[) PB .00 93'J.67 SF.00500000 SUSP 236.13 STOP DB P F NAO,L .00 F 0 ,0 3 1 4(:) 1 10""'17 10"'05 10...05 107'04 09-05 09-05 06....05 08....05 1 52 1 73 73 73 .00 .00 .00 9:.95 .00 .00 65.55 .00 1251295~22 125.295.22 125,295.22 125i380.77 .00 .00 846.32 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ;00 .00 .00 .00 55.9J'- .00 .00 G 9.95 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 931.67.... .00 10-20 00-00 6 31 .G0 .00 125.295.22 .00 .00 .00 .00 ~00 .00 .00 .00 .00 0-94544 l. TOTAL TRANS AVAILABLE 0043 OLDEST TRAN 05~10-05 toP .~ LN 0010192680 NAME MO BLUMENTH BR RS MAN F P-TVPE HUO .00 NET REP .00 RES APP MORTGA~f;:~HISTORY 05-2S....~E) INV....LN', Al.l....001'.-;0010192680 OUE, .,11....01....05 TVPEIS INT .0~1000(D FIR;il" PB 125,122.38 2NOPB .00 931.87 SF .005000(D0 SUSP 238. 13 STOP 0 B P F N A [) L .00 F 0 0 3 It --17 11-16 1,1....16 09...05 09-05 09.-;05 1 73 73 1 72 .00 9.95 931.87 86.13 .00 .00 12~ .209.09 125,295.2.2 125,29p.22 8'45.74 ~00 .00 .00 .00 .00 .00 . 00 ~00 .0El .00 .00 .00 .00 .00 .00 G 9.95 .00 .00 .00 .00 .00 .00 .00 9SL87-- .00 931~87 DUE TVPE/TRAN AMOUNT PRIN-PO PRIN-BAL INT-PO Ese-po ESC-BAL A&H-INS LIFE-INS LC/FEES Mise-po AOV-BAL SUSP SC/PAVEE 11-17 10-05 73 .00 .00 125,209~09 .00 ~00 .00 .00 .00 .00 .00 .00 .00 PAGE 00'4 OF 009 ~ ~ 11-14 00-00 6 33 .00 .00 125,295.22 .00 .00 .00 .00 ~00 .00 .00 .00 .00 0-97526 TOTAL TRANS AVAI LABL.E 0043 OLOEST TRAN 05....10....05~p . P~Q9 LN 0010192680 NAME MD BLUMENTH BR RS MAN F P-TYPE HUD .00 NET REP .00 RES APP DUE TYPE/TRAN AMOUNT PRIN-PD PRIN-BAL INT-PD ESC-PD ESC-BAL A&H-INS LIFE-INS LC/FEES G MISC-PD ADV-BAL SUSP SC/PAYEE Mf)RTGA~E..~,.,.HISTORV. . 05'.....~~....06 INV...LNAll....001--'0010192680 DUE..' 11,""01"'05 TYPE 13 INT .0810000 FIRST PB 125.122.38 2ND PB .00 931.87 SF.00500000SUSP23a.13STOP D B P F N f\ D L .00 F 0 0 3 14(:) 1 01....1(:) 01"'09 01....06 12-16 10...05 00-00 00.....00 10....05 72 6 31 6 31 1 52 1.170.00 .00 .00 .00 .00 . 00 .00 .00 145.209.0~ 125,209. (:)9 125,29'9.09 1 45,209.0'9 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .,00 .00 .00 ~00 .00 .00 .00 , 00 .00 .00 .00 ,00 .00 55.'91.... ,00 .00 .00 .00 .00 .00 .00 .00 1.1 ~70.00 .00 .00 .00 100987 D....94544 PAGE' 003 OF 009 01-10 10-05 1 73 9.95 ,00 125.209,0'9 .00 .00 .00 .00 .00 9.95 .00 .00 ,00 ~ TOTAL TRANS AVAILABLE 0043 OLDEST TRAN05-10....05:::::P P3G~ LN 0010192680 NAME MD BLUMENTH BRRS MAN F P-TVPE HUD .00 NET REP .00 RES APP DUE TYPE/TRAN AMOUNT PRIN-PD PRIN-8AL INT-PD ESC-PD ESC-BAL A&H-INS LIFE-INS LC/FEES MISC-PD ADV-8AL SUSP SC/PAYEE PAGE 002 OF 009 02-28 00-00 6 31 .00 .00 1 25 1 1 22 .38 .00 .00 .00 .00 .00 .00 .00 .00 .00 0-94544 Mp~T9A9~I..Q~N . HISTORY , . 05"",~3....0& INV...UN'Al.,....001-00,0l92680 DUE.....,.11....01...05 TVPE1.3 INT .(()~t0Q0(:) FIRST P8 1~5.122.~8 2ND P8 .0(;) 931.87 SF .00500000 .SUSP 2~8.13STOP 0 B P F N AD L .(:)0 F 0 0 31 1 02.....16 01-17 01-11 01-11 11-05 ll'''.05 11-05 10....05 52 1 5.2 73 1 73 ;00 .00 .00 .00 ;00 .00 .00 86.71 1~5'it~2.38 125>1.122.~8 125.122>.38 L251122.~8 .00 .00 .00 845.1,~ .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 55.91 - 55.91- .00 .00 .00 . 00 .00 .00 .00 .00 .00 .00 .e0 .00 .00 931 .87..... ~ TOTAL TRANS AVAILABLE 0043 OLDEST TRAN 05-1e-05 ~P P3~9 LN 0010192680 NAME MO BLUMENTH BR RS MAN F P-TVPE HUO .00 NET REP .00 RES APP DUE TVPE/TRAN AMOUNT PRIN-PO PRIN-BAL I NT-PO Ese-po ESC-BAL A&H-INS LIFE-INS LC/FEES MISC-PO AOV-BAL SUSP SC/PAVEE MQ~TGA"GE I,..QAN '. HI~TORY 05--:?S--06 INV""'LNAJI--001~(;)0101926~0 OUEI1--0J""'05 TVPE 13 INT .0810000 FIRST PB 125,122~38 2ND PB .00 931.87 SF .00500000 SUSP 238. 1,3 STOP 0 B P F N AD L .00 F 0 0 3 40 1 05-04 05--04 05-04 05""'04 00-00 00-00 00""'00 00.....00 6 ~ 6 ~ 6 ~ 6 ~ .00 .00 .00 .00 .00 .00 .00 .00 125,t22,38 12~i 122.;38 12~,122.38 125,122.38 .00 .00 ~00 .00 .00 .00 .00 .00 .00 .00 ..00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .,00 . 00 .00 PAGE 001 OF 009 05-05 00-00 6 31 .00 .00 125,122.38 .00 .00 .00 .00 .00 ~00 .00 .00 ~00 0-94544 99795 99795 99795 99795 TOTAL TRANS AVAILABLE 0043 OLDEST TRAN05--10--05C,P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQl, Plaintiff, CNIL DIVISION NO.: 06-1844 vs. MICHAEL D. BLUMENTHAL, Defendant. ORDER OF COURT AND NOW, this day of ,2006, upon consideration of the Motion for Summary Judgment filed on behalf of Plaintiff, LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQl, it is hereby ORDERED, ADJUDGED and DECREED that the Motion is granted and judgment in mortgage foreclosure is entered in favor of Plaintiff, and against Defendant, MICHAEL D. BLUMENTHAL, in the amount of $134,621.09 with interest thereon at the rate of$27.77 per diem from March 14, 2006 plus additional late charges, attorneys' fees and costs and for foreclosure and sale of the Mortgaged Premises commonly known as 315 S. Pitt Street, Carlisle, P A 17013. BY THE COURT: J. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Motion for Summary Judgment was served upon the following this .?J'rI<' day of ~~ 2006, via First Class, U.S. Mail, postage prepaid: Michael D. Blumenthal, pro se 315 South Pitt Street Carlisle, PA 17013 GRENEN & BIRSIC, P.C. BY: Mary D. renen, Esquire Pa. I.D. 2698 Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, P A 15222 (412) 281-7650 .. ! ''''. ":'; o -., --I :::;::" r; I ;:-= :r. I~~~; (~, r _ I 1",) .....;) -':1 c.) ('-) )rn --I !J.- '1J :< r:::> 0- , ~ D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR NO. 06-1844 CIVIL TERM STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, Plaintiff vs. MICHAEL D. BLUMENTHAL, Defendant CIVIL ACTION IN MORTGAGE FORECLOSURE DEFENDANT'S RESPONSE TO MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Defendant, Michael D. Blumenthal, and files the within Response to Plaintiff's Motion for Summary Judgment and in support thereof states as follows: 1. Denied, On the contrary, Plaintiff's Complaint was filed on March 29, 2006. 2. Admitted. 3. Admitted. 4. Paragraph 4 is omitted from Plaintiff's Motion. 5. Admitted in part. Denied in part. It is admitted that the Defendant sets forth as an affirmative defense that he was not mailed a Notice as required by the of Homeowner's Emergency Mortgage Assistance Act (Act 91 Notice). Plaintiff alleges that a Notice was sent on November 20, 2004 but the Certificate of Mailing attached to the Motion is dated April 19, 2006, which is after the date of filing of the Complaint. Further, November 20, 2004 predates even Defendant's Mortgage which was dated January 12, 2005. , '" By way of further answer, Defendant states that he did not receive an Act 91 Notice prior to service of the Complaint, as confirmed by his Affidavit being filed contemporaneously herewith, the sworn statements and Exhibits of which are incorporated herein by reference. Defendant filed an Answer with New Matter on April 17, 2006 and thereafter, by u.s. Mail posted April 19, 2006, Defendant received, without cover letter, an Act 91 Notice dated November 2, 2005, which did not include a list of the HEMAP Consumer Credit Counselling Agencies, as required by Act 91. The document and envelope received by the Defendant are attached to Defendant's Affidavit and marked Exhibit "A" thereto. Defendant then notified Plaintiff by letter dated May 16, 2006 that the Notice he received did not contain the list of counselling agencies. Subsequently, by letter dated May 18, 2006 Defendant received another copy of the Act 91 Notice, also dated November 2, 2005, to which was attached a Consumer Credit Counselling Agency list, which coincidentally, was dated January 26, 2006, almost three months after the date the Act 91 Notice was purportedly sent to the defendant. Defendant would not be surprised if Plaintiff now attempts to correct their error by producing a Certificate of Mailing dated November 2, 2005. If so, Defendant prays Your Honorable Court to require that the original Notice, bearing the original postmark from the Post Office, be presented to the court. It is -2- ~ ,. too easy to alter a copy of a document. Defendant has no confidence that Plaintiff will present accurate photocopies of documents. Defendant believes and therefore avers that Plaintiff is required to provide him with an Act 91 Notice in accordance with the Statute prior to filing a Complaint, to enable the Defendant to consult with a Credit Counselling Agency and then apply for financial assistance under the Homeowner's Emergency Mortgage Assistance Act. 6. Admitted with a clarification. Defendant does not dispute the accuracy of the loan history report, Plaintiff's Exhibit "B". However, as set forth in Defendant's answer to Paragraph 7, Defendant does dispute the imposition of attorney fees and execution costs when he has not been provided an Act 91 Notice. 7. Admitted in part. Denied in part. Defendant admits the accuracy of the summarization of principal obligation, interest, late charges, escrow deficiency, and corporate advances. Defendant denies that he is obligated for attorney fees or execution costs when he has not been provided by the Act 91 Notice. 8. The averments of Paragraph 8 state a Conclusion of Law and no answer is required. -3- . 0/ 9. The averments of paragraph 9 state Conclusions of Law and no answer is required. WHEREFORE, Defendant respectfully prays Your Honorable Court to deny Plaintiff's Motion for Summary Judgment. Respectfully submitted, Mi~umenthal, 315 South pitt Street Carlisle, PA 17013 717-258-0307 Defendant VERIFICATION Michael D. Blumenthal hereby verifies that the facts set forth in the foregoing Defendant's Response to Motion for Summary Judgment are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsifications. ~ Michael D. Blumenthal DATE: June2.c., 2006 -4- ....., 0 ..,";" 0 ., ,,~;.... ..... .., "T1 '-"C\ ni r= rr~ 1".' C! N , C) " .. '~ -~ -, () (,,,) cjCn .-{ (Jl ;i; '-< o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR NO. 06-1844 CIVIL TERM STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, Plaintiff vs. MICHAEL D. BLUMENTHAL, Defendant CIVIL ACTION IN MORTGAGE FORECLOSURE DEFENDANT'S AFFIDAVIT IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT I, the undersigned, Michael D. Blumenthal, first being duly sworn, do state of my own personal knowledge that: 1. I did not receive an Act 91 Notice in the United States Mail, or otherwise, at any time prior to the filing of the Complaint on March 29, 2006. 2. After the Mortgage Foreclosure Complaint was served upon me, I observed that Paragraph 8 thereof averred that an Act 91 Notice was mailed to me on November 2, 2005. I advised Plaintiff by my Answer and New Matter filed on April 17, 2006 and accompanying letter that I had not received the Act 91 Notice, 3. On or about April 20, 2006, by envelope postmarked April 19, 2005 I received an Act 91 Notice dated November 2, 2005 without any cover letter or other explanation from the Plaintiff. Copies of that Notice and the envelope in which it arrived are attached hereto, made a part hereof, and marked Exhibit "A". 4. The Notice I received (Exhibit "A") did not contain a list of Credit Counselling Agencies required by Act 91. Further, the Notice attached to Plaintiff's Motion for summary Judgment similarly does not contain the required list of Credit Counselling Agencies. 5. By letter dated May 16, 2006 I advised the Plaintiff's attorney that I had received the Notice postmarked April 19, 2006, but it did not contain a list of credit counseling agencies. In response, by letter dated May 18, 2006 I received another copy of the Act 91 Notice dated November 2, 2005 to which was attached a list of Consumer Credit Counselling Agencies, which is dated January 26, 2006. Copies of my letter dated May 16, 2006, Plaintiff's attorney's cover letter dated May 18, 2006 and the Act 91 Notice with Credit Counselling Agencies is attached hereto, made a part hereof and marked Exhibit "B". 6. Since I was not provided an Act 91 Notice prior to the filing of the Complaint, I am unable to use the November 2, 2005 Notice to meet with a Credit Counselling Agency to qualify for and to apply for financial assistance through the Homeowner's Emergency Mortgage Assistance Act. It is my intention to seek -2- emergency financial assistance upon proper service of an Act 91 Notice with attached list of Credit Counselling Agencies. Sworn and subscribed before me, nL this ~ day of June, 2006. ~cX'Ct, AM.rrz- Michael D. Blumenthal, Defendant 315 South pitt Street Carlisle, PA 17013 717-258-0307 IIONNE NOTARW.lII:AI. 1ClllO,. cl- ~YlE, NOTARY Pll8t.1C MY--'nION~~OCT oeD. PA OBER 17. 200e -3- .. E'MC Mortgage Corporation 7104 5400 2100 1137 4167 November 02, 2005 *0003053658* Michael D. Blumenthal 315 S Pitt Street Carlisle, P A 17013 G@/plt ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can helD YOU. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when vou meet with the counseling: BlZencv. The name. address. and nhone number of Consumer Credit Counseling: Allendes servinll your county are listed at the end of this Notice. If vou . n u ma al the Pe ia Housin . ce A en teat - - 4 -2 7 wi" . c II 717-780-18691. This Notice contains important legal infonnation. If you have any questions, representatives (Ql~~it Counseling A8ency may be able to help explain it. You may also want 10 conleet an attorney in your area. The local bar ass~vc to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos a1 nurnero rnencionado arriba. Puedes ser elegible para un prestamo por el prograrna Hamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S) : PROPERTY ADDRESS: Michael D. Blumenthal 315 S Pitt Street Carlisle, P A 17013 0010192680 EMC Mortgage Corporation LOAN ACCOUNT NUMBER: CURRENT SERVICER You mav be eli.ible for financial assistance which can save vour home from foreclosure and helD vou make future mort.a.e oavments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, 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. ~{1-'U 17/1 Ii .. Page two 0010192680 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meetin2 must occur within the next thirtv (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names. addresses and telenhone numbers of desil!11llted consumer counselin2 a2encies for the county in which vour oronertv is located are set forth at the end of this Notice. It is only necessary to schednle one face-to-face meeting. You should advise this lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in defa~the reasons set forth later in this Notice (see following pages for specific infonnation about the nature of your default). If y and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Ho er ency Mortgage Assistance Fund. In order to do this, you mUst fill out, sign and file a completed Homeowners' Emerg . pplication with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer it counseling agencies have applications for the program and they will assist you in submitting a completed application to tIi Pennsylyania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The PelUlSylvania Housing fmance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FlUNG OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can stll! apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT tBrin2 it uo to date): NATIJRE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at Street Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: 315 SPitt YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 09/01/2005: (b) Late cbarge( s) : (c) Other cbarge( s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 11/01/2005: ,e:- ~(g)~rk> $2,795.61 $223.64 $18.30 $.00 $3,037.55 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $3,037.55, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at PO BOX 660530, DALLAS, TX 75266-0530. ;q,../L Page three 0010192680 IF YOU DO NOT CURE TIIE DEFAULT -If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its rioht to accelerate the mort2a2e debt. This means that the entire outstanding balance of this debt will be considered due innnediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose uoon your mort2a2ed orooerly. IF TIIE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will haye to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. Ifvou cure the default within the THIRTY (30) DAY oeriod. vou will not be reQuired to oay attorneys' fees. OTIIER LENDER REMEDIES - The lender may also sue you personally for the ~~iPal balance, and all other sums due under the Mortgage. \S~ RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prev sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus an ate charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requiremeots under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Address: HOW TO CONTACT THE LENDER EMC Mortgage Corporation Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 Telephone Number: 1-888-609-2379 EFFECT OF SHERIFF'S SALE - You should realize that a sheriff's sale would end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer debt, provided that all the outstanding payments, charges and attorneys' fees and costs are other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT . To sell the property to obtain money to payoff the mortgage debt, or borrower money from another lending institution to payoff this debt. . To have this default cured by any third party acting on your behalf. . To have the mortgage restored 10 the same position as if no defauli had occurred. (However, you are not entitled to this right more than three times in a calendar year). . To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. . To assert any other defense you belieye you may have to such action by the lender. . To seek protection under the federal bankruptcy law. e who will assume the mortgage or at the sale and that the p A~) Page four 0010192680 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose, Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part ofit. Unless you dispute the debt within that 30 day period, we will assume that it is valid If you notify us in writing at the address ahove within the thirty day period that the debt, or any portion thereof, Is disputed, we will: a) Provide to you verification of the debt or a copy oCany judgment entered against you. b) Provide to you the name and address of your original creditor, If the original creditor Is different from the current creditor, Sincerely, EMC Mortgage Corpomtion @ (QJ~ p ~1Y \~~ ~ Mac Arthur RIdge II, 909 Hlddeu RIdge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P.O. BOI 141358, Irving, Texas 75014-1358 A->'-f -,;JoC) a;:::la U;CV:::l gC)~ a~QO .?"~cx:l -.;:l~ ::;" .,.. (") ~ .....CVe' (.TI:::l:'i f\) ar ~ f\) ... . f\); :r1 o ~ - - - - ~ , 9 \.Al '3 - "\ VI G> - -- - V> ~) (/> <;::, ~ ~ ~ ;;0 ~) -" 1t v u V" - ~ -- -J c- Michael D. Blumenthal 315 South pitt Street Carlisle, PA 17013 May 16, 2006 Mary D. Grenen, Esquire GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 RE: LaSalle Bank, National Association, et al. v. Michael D. Blumenthal Case No. 06-1844 Dear Attorney Grenen: I received in the mail, postmarked April 19, 2006, what purported to by an "Act 91 Notice" dated November 2, 2005. This Notice states on the first page thereof: The name. address and telephone number of Consumer Credit Counsellinq Aqency servinq your County are listed at the end of this Notice. Please be advised that the Notice does not contain a list of Credit Counselling Agencies which I might contact. As also provided in the Notice, I did telephone the PA Housing Finance Agency at their toll free number. I was advised that I needed to contact one of the Consumer Credit Counselling Agencies listed in the Act 91 Notice before I could contact the Housing Finance Agency. Therefore, as of the date of this letter, I have not been provided a proper Act 91 Notice to enable me to pursue my rights under State Law, I therefore demand that a new Notice, dated currently, and containing the Consumer Credit Counselling Agencies be mailed to me without further delay. Very truly yours, Michael D. Blumenthal ~XI4IGl J (; ~ GRENEN & BIRSIC, P.C. ATTORNEYS AT LAW ONE GATEWAY CENTER, NINTH FLOOR PIITSBUROH. PENNSYLVANIA 15222 TEL (412) 281.7650 FAX (412) 281.7657 May 18, 2006 Michael D. Blumenthal 315 South Pitt Street Carlisle, P A 17013 Re: ACT 91 Notice Dear Mr. Blumenthal: Enclosed, please find a copy of the Act 91 notice that was sent to you on November 2, 2005. I have enclosed a copy of the listing of agencies for Cumberland County that was included with the original notice. Please note that this ACT 91 notice is expired as they are only valid 30 days from the date that they are sent. If you have any further questions, please feel free to contact our office at the above number. Very truly yours, 1 l?nfV~hUl{ I Jennifer H. Brady ( '.' Paralegal. (3/2-- EMC Mortgage Corporation 7104 5400 2100 1137 4167 November 02, 2005 '0003053658' Michael D. Blwnenthal 315 S Pitt Street Carlisle, PA 17013 CG@~)p ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice thai the mortgage on your home is in default, and the lender inlends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can helD vou. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITIUN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when yOU meet with the cQunselimr alIenCy. The name. address. and ohane number of Consumer Credit CounselinlZ AlZencies servim! vour county are listed at the end of this Notice. If vou have any auestions. vou may call the Pennsylvania HODsini!' Finance Ail:encv toll free at 1-800.342-2397 (oersons with imnaired hearinll can call 717-780-1869\. This NOlice contains impor1anllegal information. If you have any questions, representatives al the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continu notificion obtenga una traduccion immediatamente llamando esta agencia (penn mencionado arriba. Puedes ser elegible para un preslamo par el programa Hamada "Home cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. su casa. Si no comprende el contenido de esta Finance Agency) sin cargos al numero ~ ~ Mortgage Assistance Program" al HOMEOWNER'S NAME(S) : PROPERTY Al)DRESS: Michael D. Blumenthal 3] 5 S Pitt Street Carlisle. PA 17013 0010192680 EMC Mortgage Corporation LOAN ACCOUNT NUMBER: CURRENT SERVICER You mav be eligible for fmancial assistance which can save Your home from foreclosure and help vou make future mortgage Davments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your defaul1 has been caused by circwnstances beyond your control, you have a reasonable prospect of being able to pay your mortgage paymenls and if you meel other eligibility requirements established by the Pennsylvania Housing Finance Agency. &/3 Page two 0010192680 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meetinlr must occur within the next thirtv (30) davs. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAlNS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you attend a face-to-face meeting with one of the consumer credil counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names. addresses and teleJlhone numbers of desie:nated consumer counselinlr alrencies for the county in which Your orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender innnediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in e reasons set forth later in this Notice (see following pages for specific infonnation about the nature of your default). If yo d are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeo r ency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency A e Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only con r credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIllS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing fmance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be nolified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FlUNG OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply (or Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEF AUL T IBrinlr it uo to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at Streel Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: 315 SPitt YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now -~ @ (a) Monthly payments from 09/01/2005: ifY (b) Late charge(s) : ~~ (c) Other charge(s): NSF & Advances &0 f'1 ~ (d) Less: Credit Balance ~ (e) Total amount required as of 11/01/2005: $2,795.61 $223.64 $]8.30 $.00 $3,037.55 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $3,037.55, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING TIlE THIRTY (30) DAY PERIOD. Payments nmst be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at PO BOX 660530, DALLAS, TX 75266-0530. f}.-/Y Page three 0010192680 IF YOU DO NOT CURE THE DEF AUL T - If you do not cure ihe defaul! within THIRTY (30) days of this letter date, ihe lender intends to exercise its right to accelerate ihe mortgage debt This means that ihe entire outstanding balance of this debt will be considered due immediately, and you may lose ihe chance to pay ihe mortgage in monihly instalhnents. If full payment of ihe amount of default is not made within THIRTY (30) days oflbe letter date, EMC Mortgage Corporation also intends to instruct iheir attorneys to start a legal action to foreclose UDon vour mortgaged DrODertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by ihe Sheriff to pay offihe mortgage debt. If ihe lender refers your case to its attorneys, but you cure ihe delinquency before ihey begin legal proceedings against you, you will have to pay ihe reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay ihe reasonable attorney's fees actually incurred even if ihey are over $50.00. Any attorney's fees will be added to ihe amount you owe ihe lender, which may also include iheir reasonable costs. Ifvou cure ihe default within ihe THIRTY (30) DAY period. vou will not be reauired to Dav attorneys' feeS.,~ OTHER LENDER REMEDIES - The lender may also sue you personally fot,~,~, principal balance, and all oiher swns due under ihe Mortgage. I (J!~ RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have no:-:~lJ.-lt within ihe THIRTY (30) day period and foreclosure proceedings have begun, you still have ihe right to cure the default and~t ihe sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges ihen due, reasonable attorneys' fees and costs connected with ihe foreclosure sale and any other costs connec1ed wiih the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under ihe mortgage. Curing your default in the manner sel forth in this NOlice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that ihe earliest date ihat such sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of ihe Sheriff's Sale will he sent to you hefore ihe sale. Of course, ihe amount needed to cure the default will increase ihe longer you wait. You may find out at any time exactly what ihe required payment or action will be by contacting ihe lender. Name of Lender: Address: HOW TO CONTACT THE LENDER EMC Mortgage Corporation Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 Telephone Number: 1-888-609-2379 EFFECT OF SHERIFF'S SALE - You should realize that a sheriff's sale would end your ownership ofihe mortgaged property and your right to occupy it. If you continue to live in the property after the she~, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. (( _ V~ ASSUMPTION OF MORTGAGE - You may not sell or transfer your home tO~:~~feree who will assume the mortgage debt, provided that all ihe outstanding payments, charges and attorneys' fees and co . d prior to or at ihe sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT . To sell the property to obtain money to payoff the mortgage debt, or borrower money from another lending institution to pay off this debt. . To have this default cured by any third party acting on your behalf. . To have ihe mortgage restured to the same position as if no default had occurred. (However, you are not entitled to this right more ihan three times in a calendar year). . To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit inslituted under ihe mortgage documents. . To assert any other defense you believe you may have to such action by the lender. . To seek protection under ihe federal bankruptcy law. (!; ~ :) Page four 0010192680 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive tbis letter to dispute tbe validity of this debt or any part of it. Unless you dispute tbe debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address above within tbe thirty day period tbat the debt, or any portion thereof, is disputed, we will: a) Provide to you verification of the debt or a copy of any judgment entered against you. b) Provide to you the name and address of your original creditor, iftbe original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation ,,...;"~~'.\ ,( '0 ~YQ2 ~~ (QJrf)) ,-/~ ."-(/;}Jfh:, ('/ Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P,O. Box 141358, Irving, Texas 75014-1358 (3---6 . . HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Raport last updated: 1/26/2006 8:32:23 AM Acorn Housing 14 S. 13th Straal Harrisburg. PA 17104 717.213,0150 Adams County Interfaith Housing Authority 40 E High Straet Gattysburg, PA 17325 717.334.1518 CCCS of Westam PA 2000 Linglastown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captlal Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Straal Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780,3940 8oo.342,2397 ~-'7 (") ( .',) f.J o -n .... ~:r:,.,;W n~ .~tE (.. r.: 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR NO. 06-1844 CIVIL TERM STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, Plaintiff vs. MICHAEL D. BLUMENTHAL, Defendant CIVIL ACTION IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE AND NOW, this ~ day of June, 2006, I, Michael D. Blumenthal, hereby certify that I have served a copy of Defendant's Response to Summary Judgment, Defendant's Affidavit of Opposition to Motion for Summary Judgment, and Defendant's Brief in Opposition to Motion for Summary Judgment by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Mary D. Grenen, Esquire GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 Counsel for Plaintiff Mi~~Blumenthal 315 South pitt Street Carlisle, PA 17013 (') ~-- , '" --, :~::::...l (.";';-, c::-:- " ~h -I III r~~~~ -,' ""'0.- f"'0 " c:)\,_.' N -:)C-,: v ) ";:0:: ., ;::<;fT' :::.:( 'T,... "'0 =.<: (;';) U1' SHERIFF'S RETURN - REGULAR CASE NO: 2006-01844 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS BLUMENTHAL MICHAEL D 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 BLUMENTHAL MICHAEL D the DEFENDANT , at 1845:00 HOURS, on the 3rd day of April , 2006 at 315 S PITT STREET CARLISLE, PA 17013 by handing to MICHAEL BLUMENTHAL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 ..,.,/ /.#' 4.40 ~~).-:,,<:1"~ .00 10.00 R. Thomas Kline ,00 32.40~04/04/2006 GRENEN & BIRSIC ~ J-{}1J1, A. D . ) Sworn and Subscribed to before By: me this )q~ day of Prothonotary f ",. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQl, Plaintiff, VS. MICHAEL D. BLUMENTHAL, Defendant. CNIL DNISION NO.: 06-1844 TYPE OF PLEADING REPLY TO DEFENDANT'S RESPONSE TO MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF PLAINTIFF: LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2005- AQl COUNSEL OF RECORD FOR THIS PARTY: Mary D. Grenen, Esquire Pa. J.D. #52698 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, P A 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, CIVIL DIVISION NO.: 06-1844 Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. REPLY TO DEFENDANT'S RESPONSE TO MOTION FOR SUMMARY JUDGMENT And now comes, LaSalle Bank National Association, as Trustee for Certificateholders of Bear Steams Asset Backed Securities I LLC, Asset Backed Certificates, Series 2005-AQ1, by its attorneys, Grenen & Birsic, P.C., files this Reply to Defendant's Response to Motion for Summary Judgment and states as follows: ISSUE I WHETHER PLAINTIFF HAS COMPLIED WITH THE NOTICE REQUIREMENTS OF ACT 91? ANSWER YES. Defendant denies he received an Act 91 Notice. Such a denial is insufficient to defeat a Motion for summary Judgment, as Act 91 only requires Plaintiff to mail the notice to Defendant at his last known address, not to guaranty receipt by the Defendant. First Federal Savings and Loan Association of Wilkes-Barre v. VanWhy, 29 D&C 3rd 615 (1983) addressed a ... similar issue with respect to Act 6 notices. In the Court analysis, it noted, "( c )ounsel for Defendant is mistaken in assuming that actual receipt of the notice is an essential element of effective service under the Act of 1974" Id. at 681. Act 91 requires that, "(a) any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor as hislher last known address the notice provided in (b)." 35 P.S. ~1680.403(c)(a). In his Response, Defendant admits that his last known address is 315 S. Pitt Street, Carlisle, PA 17013. Plaintiff has produced a copy of the notice mailed to that address. Attached hereto and marked as Exhibit "A" is a true and correct copy of the U.S. Postal Service's Track and Confirm email noting that notice was left on 11/7/05 and that the envelope went unclaimed on 11/23/05. ISSUE II WHETHER, IN THE ALTERNATNE, PLAINTIFF SHOULD BE PERMITTED LEAVE TO AMEND ITS COMPLAINT IN ORDER TO RESEND THE ACT 91 NOTICE AND A TEMPORARY STAY OF THIS FORECLOSURE ACTION BE GRANTED IN ORDER TO ALLOW THE DEFENDANT THIRTY (30) DAYS TO CURE THE DEFAULT WITHOUT LIABILITY FOR COSTS AND ATTORNEYS" FEES? / ANSWER YES. Pennsylvania Rules of Civil Procedure govern this case. Pa.R.C.P. 126 reads: The rule shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable. The court at every stage of any such action or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties. The Defendant contends that Plaintiff has technically failed to comply with the requirements of Act 91 in Notices attached to its Motion for Summary Judgment and described in its Complaint. The alternatives presented to the Court are to dismiss the proceedings or order .) some other disposition which will effectuate ajust and speedy resolution of this case. See, Gettysburg National Bank v. Trace, 13 Pa. D. & C. 3d 679 (1980) at page 683. In Gettvsburg, the defendant filed preliminary objections to plaintiffs complaint in mortgage foreclosure asserting that the Act Notice provided did not conform with the similar requirements of Act 6 of 1974. the court agreed but determined that an efficient resolution of the matter was to stay the plaintiffs right to proceed and postpone for a period of thirty (30) days this would allow the defendants the time and the right to cure the default by paying the total installments then due and owing as calculated under the mortgage without being liable for costs or attorneys' fees. The court noted that the only other alternative would be to dismiss the action. See Gettysburg National Bank v. Trace, supra. citing Piper v. Oakes, 10 D. & C. 3d 722, 20 Adams 203 (1979). A similar result was reached by the court in Union National Bank of Pittsburgh v. Thumm and Meyers, 01381 Pittsburgh (1983), 1985 Pa. Super. LEXIS 10194 (1985). In that case, the mortgagee commenced a mortgage foreclosure proceeding against the mortgagor for failure to make regular payments. The mortgagor filed preliminary objections which were dismissed and then the mortgagee filed a motion for summary judgment which was granted. The order granting summary judgment was appealed. The Superior Court vacated the summary judgment and gave the mortgagor an additional thirty (30) days to cure the default. The court held that the mortgagee's Act 6 Notice of Intent to commence mortgage foreclosure proceedings was defective. However, the Court determined that if the mortgagor was given an additional thirty (30) days to cure and did not do so, the mortgagee could proceed with foreclosure from the entry of summary judgment. .. Again, a similar decision was reached in Ertel v. Scitzer, 31 Pa. D & C. 3d 332 (1982). In that case, the mortgagees sent a notice of intention to foreclose to the mortgagors, however, the court ruled that the mortgagees failed to comply with the strict requirements of Act 6 because the notice was technically defective. Again, the court stayed the foreclosure in order to grant the defendants an additional thirty (30) days to cure the default. So, too, in the instant case, Plaintiff respectfully requests that if the Court finds that the Act 91 Notice technically defective, then the Court grant it leave to file an Amended Complaint pursuant to Pa.R.C.P. 1033 after Plaintiffresends its Act 91 Notice to the Defendant to allow the Defendant thirty (30) days to seek the emergency assistance and/or cure the default WHEREFORE, Plaintiff respectfully requests that if the Court finds that the Act 91 Notice was not technically defective that the Court enter judgment in its favor and against the Defendant or in the alternative, if the Court finds the Act 91 Notice to be technically defective that the Court grant Plaintiffleave to amend its Complaint after re-sending the Act 91 Notice to Defendant, granting the Defendant thirty (30) days to seek emergency assistance and/or cure the default. GRENEN & BIRSIC, P.C. BY: ~men, Esquire Attorneys r Plaintiff One Gateway Center, Ninth Floor Pittsburgh, P A 15222 (412) 281 7650 .> EXHIBIT "A" L .. Kristy Byrnes From: To: Sent: Subject: "U .S._PostaL Service_" <U .S._PostaL Service@u$ps.com> <kbymes@grenenbirsic.com> Friday, June 30, 200612:53 PM U.S. Postal Service Track & Confirm email Restor$tion - 7104 5400 210011374167 This is a post-only message. Please do not respond. Kristy Byrnes has requested that you receive this restoratiol1 information for Track & Confirm as listed below. . Current Track & Confirm e-mail information provided by the u.s. Postal Service. Label Number: 71045400210011374167 Service Type: Certified Shipment Activity Location Date & ITime -----------------------------------------------------------------------~-------- Delivered IRVING TX 75014 1112~/05 7:04am Unclaimed CARLISLE P A 17013 11/23/0512:21pm 11/07/05 3:29pm Notice Left CARLISLE P A 17013 -----------------------------------------------------------------------~-------- USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions o~ Track & Confirm services and features, please visit the Frequently Asked Qu~stions (FAQs) section of our Track & Confirm site at http://www.usps.comlshippingltrackandconfirmfaqs.htm Page 1 of 1 6/30/2006 CERTIFICATE OF SIERVICE I hereby certify that a true and correct copy ofthe foregoing Reply to Defendant's Response to Motion for Summary Judgment was serveq via First Class, U.S. Mail, postage ~. . prepaid, this ~ day of 51 '~ 2006, upon the following: Michael D. Blume~thal 315 South Pitt Street Carlisile, PA 17013 GRlENEN & BIRSIC, P.C. BY: Mapr D. Attbmey for Plaintiff One Gateway Center, Ninth Floor PittSburgh, P A 15222 (412) 281 7650 !.. i~ ~)(tiJI !""'--.") c _J c. LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES: SERIES 2005-AQI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06--1844 CIVIL vs. MICHAEL D. BLUMENTHAL, Defendant IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, P.J.. AND HESS. J. ORDER AND NOW, this 'I ~ day of August, 2006, following argument thereon, it appearing that there is a genuine issue of material fact concerning the sending of the so-called "Act 91 Notice," the motion of the plaintiff for summary judgment is DENIED. BY THE COURT, Michael D. Blumenthal, Pro Se Vj 15 South Pitt Street ~ Carlisle, PA 17013 Defendant ,4d ~ary D. Grenen, Esquire For the Plaintiff :rlm ~ -A\J 9;() C) . ,- ' " .: .....kw.i:NI'Grt_... ' ~li~u LS ~~ \.lei ~';:a<<J~1. . ~l~_1:J H. , '- .. .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQl, Plaintiff, VS. MICHAEL D. BLUMENTHAL, Defendant. ) CNIL DNISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO,:.: 06-1844 TYPE OF PLEADING: Motion for TemporaryNoluntary Stay of Foreclosure Action FILED ON BEHALF OF PLAINTIFF: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQl COUNSEL OF RECORD FOR THIS PARTY: Mary D. Grenen, Esquire Pa, J.D. #52698 GRENEN & BIRSIC, P.C. One Gateway Center, 9th Floor Pittsburgh, PA 15222 (412) 281-7650 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQl, CIVIL DIVISION NO.: 06-1844 Plaintiff, VS. MICHAEL D. BLUMENTHAL, Defendant. MOTION FOR TEMPORARYNOLUNTARY STAY OF FORECLOSURE ACTION AND NOW, comes Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQl, by and through its counsel, Grenen & Birsic, P.C., and files the within Motion for Leave for TemporaryNoluntary Stay of Foreclosure Action and in support thereof states as follows: 1. This case is an action in mortgage foreclosure filed on behalf of the Plaintiff, LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQl ("Plaintiff') against the Defendant, Michael D. Blumenthal ("Defendant"). 2. In its Complaint, Plaintiff alleges that Defendant, Michael D. Blumenthal (hereinafter "Defendant"), is in default under the terms of a Note dated January 12,2005, in favor of Plaintiff's assignee in the original principal amount of$125,800.00 (hereinafter "Note") ) and a Mortgage securing said Note on real property and improvements thereon commonly known as 315 S. Pitt Street, Carlisle, P A 17013 (hereinafter "Premises").Plaintiff also alleges in its Complaint that the Defendant was mailed a combined Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 (Act 91 Notice) and Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974,41 P.S. ~101 et. seq. (Act 6 Notice) on or about November 20, 2004. Attached hereto and marked as Exhibit "A" is a true and correct copy of Plaintiffs original Complaint filed on April 4, 2006. 3. Thereafter, Defendant filed an Answer and New Matter to Plaintiffs Complaint. A true and correct copy of Defendant's Answer and New Matter is attached hereto and marked as Exhibit "B". 4. Defendant's New Matter asserts as an affirmative defense that he was never mailed a combined Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice"), in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended and Notice oflntention to Foreclose Mortgage in compliance with Act 6 of 1974,41 P.S. ~101, et seq 5. Thereafter Plaintiff filed a Motion for Summary Judgment addressing the issue of the Act Notice and submitting proof of mailing of same, Plaintiff also requested in the alternative that should the court find that an issue of fact remained concerning the sending of the Act Notice, that the Court grant temporary stay of the action in order to allow the Plaintiff the opportunity to re- send the Act Notice without the having to re-start the foreclosure action based upon the case law as cited in Plaintiffs brief in support of it's Motion. , 6. The Court ultimately denied the Plaintiffs Motion for Summary Judgment finding only that, "...there is a genuine issue of material fact concerning the sending of the so-called "Act 91 Notice," the motion of the plaintiff for summary judgment is DENIED." A true and correct copy of the Order of Court is attached hereto and marked as Exhibit "C." However the Court did not rule of Plaintiff request for alternative relief, i.e. that the Plaintiff be permitted to correct and re-send the Act 91 notice and giving the Defendant the 30 days under the Act to take action to obtain assistance or otherwise cure the default without liability for costs and attorneys fees. 7. Therefore Plaintiff respectfully requests a temporary stay of the foreclosure proceeding in order to resend the relevant combined Act 911Act 6 Notice and to thereafter give the Defendant the 30 days under the Act to take action to obtain assistance or otherwise cure the default without liability for costs and attorneys fees. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion for a Temporary Noluntary Stay ofthe Foreclosure Action. Respectfully submitted, GRENEN & BIRSIC, P.C. BY: en, Esquire Pa. J.D. #5 8 Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, P A 15222 (412) 281-7650 . EXHIBIT" A" . -- . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL V ANlA LASALLE BANK NATIONAL ASSOClATION,ASTRUSTEEFOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQI, CIVIL DIVISION NO.: Plaintiff, TYPE OF PLEADING VS. MICHAEL D. BLUMENTIlAL, CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE Defendant. FILED ON BEHALF OF PLAINTIFF: TO DEFENDANT LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2005- AQl You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF /L~auztL-/ A EY FOR PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038 Kristine M. Anthou, Esquire Pa, I.D. #77991 AND THE DEFENDANT IS: 315 S. Pitt Street Carlisle, P A 17013 /.)~()LA-.iil(j'~ljLtf-L-- A rtoRNEY FOR PLAINTIFF GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS e e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL V ANlA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, CNIL DNISION NO.: Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Toll Free #: (800) 990-9108 e e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL V ANlA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQl, CIVIL DIVISION NO.: Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2005-AQl, by its attorneys, Grenen & Birsic, P .C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates Series 2005-AQ1, which has its principal place of business at 909 Hidden Ridge Drive, Suite 200, Irving, TX 75038 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendant, Michael D. Blumenthal, is an individual whose last known address is 315 S. Pitt Street, Carlisle, PA 17013. 3. On or about January 12, 2005, Defendant executed a Note in favor of Argent Mortgage Company LLC, in the original principal amount of$125,800.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. .. e e " 4. On or about January 12, 2005, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Argent Mortgage Company LLC, a Mortgage in the original principal amount of $125,800.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 26, 2005 in Mortgage Book Volume 1895 Page 2322. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit liB", attached hereto and made a part hereof. 5. Argent Mortgage Company LLC, assigned all its rights, title and interest in and to aforesaid Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage. 6. Defendant is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the November 1, 2005 payment. 8. On or about November 2,2005, Defendant was mailed Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 (Act 91 Notice) in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff was not required to send Defendant a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974,41 P.S. '101, et seq., as a result of sending the Act 91 Notice. .. e . .. 10. The amount due and owing Plaintiffby Defendant is as follows: Principal Interest to 3/14/06 Late Charges to 3/14/06 Escrow Deficiency to 3/14/06 NSF Fees Suspense Balance Corporate Advances Attorney's fees Title Search, Foreclosure and Execution Costs TOTAL $125,122.38 $4,583.87 $391.37 $0.00 $0.00 -$238.13 $136.60 $1,250.00 $2.500.00 $133,746.09 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of$133,746.09, with interest thereon at the rate of $27.77 per diem from March 14,2006, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premIses. GRENEN & BIRSIC, P.C. /d UJ.-/l BY: l-f'-''(~J{ {/CL/T(CI-LLA.---I-- Krisune M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, P A 15222 (412) 281 7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . e EXHIBIT A e e_ e Loa~o. 0070258397.9705 " FIXED RATE NOTE THIS LOAN HAS A PREPAYMENT PENALTY PROVISION. January 12, 2005 (Det81 Roiling Meadows ICIly} 315 S. PITT STREET, CARLISLE, PA 17013 [PrapeIty AddMa} IL (StItlI] 1. BORROWER'S PROMISE TO PAY In rebJm for a loan that I have received, I promise to pay U.S. $ 125,800.00 (this amount Is called .principar), plus intereSt. to the order of the Lender. The Lender Is Argent Mortgage Company, LLC . I underStand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who Is enUlled to recelve payments under this Nota Is called the .Nota Holder.. 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay Interest at a yesrlY rata of 8.100 %. The Interest rate required by this Section 2 Is the rate I wftl pay before and after any default described In SectIon 6(6) of this Note. 3. PAYMENTS (A) TIme and Place of Payment. I will pay principal and Interest by making payments every month. I will make my monthly payments on the first day of each month beginning on March 1, 2005. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments wlll be applied to Interest before principal. If, on February 1, 2035, I stili owe amounts under this Note, I will pay those amounts In full on that date, which Is called the "Maturity Dete,. I will make my monthly payments at: 505 City Parkway Weat, Suite 100, Orange, CA 92888 or at a different place if required by the Note HoIcIer. (B) Amount of Monthly Payments My monthly payments wUl be In the amount of U.S. $931.87. 4. BORROWER'S RIGHT TO PREPAY I may repay this Note at any time as provided for In this paragraph. If the original principal amount of this loan Is $50,000.00 or less, I may make a full or partial prepayment without paying any penalty. However, If the original principal amount of this Note exceeds $50,000.00, and if within the first 3.00 year(s) after the execution of this Mortgage, I make full prepayment or, In certain cases a partial prepayment, and the total of such prepayments In any one (1) year exceeds twenty percent (20%) of the original principal amount, I will pay a prepayment charge In an amount equal to the payment of six (6) months edvance Interest on the amount prepaid which Is In excess of twenty (20%) of the original principal amount. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, Is finally Interpreted so that the Interest or other loan charges coIlec:ted or to be collected in connectlon with this loan exceed the permitted limits, then; (I) any such loan charged shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (Ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to ma. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Hoider has not received the full amount of any monthly payment by the end of fifteen calendar days after the date It Is due, I wUI pay a lete charge to the Note Holder. The amount of the charge will be 6.000 % of my overdue payment of principal and Interest. I wUl pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date It Is due, I will be In default. (C) Notice of Default If I am In default, the Note Holder may send me a written notice telling me that If I do not pay the overdue amount by a certain date, the Note Holder may require me to pay Immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed me. 1012 Initials: .MA'Xt./"" 01/11/2005 10:57:37 AM 2OOo1PA(Ao<.1lt/OO1 e. . !II.! 007025B3flT - 970S (D) No Waiver by Note Holder Even If, at a time when I am In default, the Note Holder does not require me to pay Immediately In full as described above, the Note Holder wDI still have the right to do so If I am In default at a later time. (E) Payment of Note Hotder's Costs and Exp.n... If the Note Holder has required me to pay Immediately In full as described above, the Note Holder will have the right to be paid back by me for all Its costs and expenses In enforcing this Note to the extent not prohibited by epplicable law. Those expenses Include, for example, re8lonable attorney's fees. 7. GMNG OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering It or by mailing It by first class maD to me at the Property Address above or at a different address If I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing It by first class mall to the Note Holder at the address stated In Section 3(A) above or at a different address If I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises made In this Note, Including the promise to pay the full amount owed. Any person who Is a guarantor, surety or endorser of this Note Is elso obligated to do these things. Any person who takes over these obligations, InclUding the obllgetlons of a guarantor, surety, or endorser of this Note, Is also obligated to keep all of the promises made In this Note. The Note Holder mey enforce its rights under this Note against each person Individually or against all of us together. Thls.means that anyone of us may be required to pay all of the amounts owed under this Note, 9. WAIVERS I end any other person who has obligations under this Note waive the rights of presantment and notice of dishonor. .Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor- means the right to require the Note Holder to give notice to other persons that amounts dua have not been paid. 10. UNIFORM SECURED NOTE This Nole Is a uniform Instrument with limited variations In some jurisdictions. In addition 10 the protections glvan to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Dead (the .Security Instrumant"), dated the same date as this Nole, protects the Note Holder from possible losses which might result if I do not keep promisee that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immadiate payment in full of all amounts I owe under this Note. Some of those conditions are described 88 follows: Tnln8fer of the Property or a Beneflelallntereat In Borrower. If all or any part of the Property or any Interest In It Is sold or transferred (or If a beneficlallntereslln Borrower is sold or transferred and Borrower Is not a natural person) without Lender's prior written consent, Lender may allts option, require Immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If prohibited by faderallaw as of the date of this Security Instrument. If the Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. T -:;;;L &...B~ WiTNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED A1A~ Borrower: MICHAEL D. BLUMENTHAL SSN: 161-52-5682 (Seal) PAY TO THE ORDER OF AMERIQUEST MORTGAGE COMPANY WITHOUT RECOURSE ARGENT MORTGAGE COMPANY. Lie BY: WA~1(r Borrowel8Y: ~ /. .A . SSN: P. GRAZER. l.V.P,JC.F.O. (Seal) (Seal) PN/ T9 JI J[ 9R9&R OF Borrower: SSN: WITHOUT RECOURSE AMERIQUEST MORTGAGE COMPANY ...t~ ~ BY: ~ No C.F.O. (Seal) Borrower: SSN: Inlllals:_ 2012 01/111200510:57:37 AM _....-.IIl/IlO) e EXHIBIT B e J.4- 'fJ e " Prepared By:Argent Mortgage COllpany. llC Retum To: . :;.i'~;; ::"; ~ :" ;"'. .:. i. .\. , . . I'''' ,. f -. ' ..1.'1..'.. , ;. ~;~:\/\ :;.: ,: :~F ~.'i.r . 200S JRN 26 Pfi1 1 55 Donna Mordiea 2550 Golf Road, East Tower, 10th Floor.Rolling Meadows. Il 60008 Argent Mortgage Company, llC P.O. Box 5047 Rolling Meadows. Il 60008 Parcel Number: 04.21-0320.606 MORTGAGE [Space AIIcm 'I1da LIDe For Reca....... Dlda] oEFlNlTIONS Words IJIe(\ in multiple sections of thia document arc deftncd below and oth<< worda arc defined In Sections 3, 11. 13. 18, 20 and 21. CertaIn rulcs regarding the usage of words used In thia document arc alao provided In Section 16. (A) "Security 1astrumeDt" means this doc:ument, which is dated J anu a r y 12. 2005 togetber with III Riders to thia document. (I) "Borrower" ia MICHAEL O. BLUMENTHAL Borrower ia the mortgagor UDder this Security InstrUIDellt. (C) "Lender" ia Argent Mortgage Co.pany. llC Lender Is a limited Liabl1ity COllpany 0070258397 .9705 PENNSYLVANIA - Single Family. Ftlnnle Mulfreddle MIle UNIFORM INSTRUMENT _ ~IPA) IOOClII Pogo 1 fA l' ~ VIII' MORTGAGE fOAMS. l8OClII21.728' 01/11/2005 10:57:37 Form 3038 1101 8K 1895PG2322 . e . . organized and exiBtiDa UDder the IIWl of De'lware Lender's addraa is One City Bou' evard West Orlnge. CA 92868 Leoder is the mortgagee UDder this Security 1Dstrumeul. (D) "Note" JDelIIII the pl'Ollliaory note si&IJed by Borrower and dated J I nUl r y 12. 20 05 'IbeNoteltateltbatBorrowerowesLenderone hundred twenty. five thousand eight hundred Ind 00/100 Dollars (U.S. $125,800.00 ) plua interest. Borrower has promised to pay tbia debt in regular Periodic PaymentllDd to pay the debt in full not later 1han Fe brua r y 1, 2035 (E) "Property" meaDI the property that is deacribed below UDder the headina "Transfer of Rights in the Properly. " (F) "LoaD" JDelIIII the debt evidenced by the Note, plua Interelt, lIIIY prepayment charges and late charges due under the Note, and alllU1'llli due under this Security lnItrument, plualnterelt. (G) "RJden" JDelIIII all Riden 10 Ibis Security Instrument that are executed by Borrower. The followina Riden are 10 be executed by Borrower [check box. applicable]: ~ Adjultlble Rate Rider ~ Condominlwn Rider ~ SecoDd Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly PaylllCllt Rider Other(s) [specify] !~ (H) "Applleab1e Law" means all controllina applicable federal, !S'.oo local statutes, regulations, ordinanl:el and administrative rules and orden (that have the effect of law) . well u all applicable filial, non-appeallble judicial opinloDa. (I) "Comm1mlty AIIociatiOD Dues, Fees, and AIIeaIments" means all dUell, fees, IIIIeIIDIeIItI and other charges that are imposed on Borrower or the Property by a c:ondomiDiwn usoeiatlon, homeowners 8IIOCiatlon or similar organization. (J) "E1ectroDic Fundi TrllllBfer" means any tranIfer of funds, other than a transaction originated by check, draft, or similar paper illBlrllmCnt, which is initiated through an electronic tennIna1, telephonic instruIIlCIIt, computer, or magnetic tape 10 U to order, inslnlct, or authorize a financial institution to debit or credit an account. Such term includes, bul Is not limited 10, point-of-sa1e transfera, automated teller machine transactions, traDlfera initiated by telephone, wire transfera, and automated clearinghoule tranlfera. (K) ''Escrow Items" means those items that are described In SectIon 3. (L) "MisceIlaneolll Proceeds" meaDI any compensation, lIett1ement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described In Section 5) for: (I) damage 10, or destruction of, the Property; (II) condemnation or other takin& of all or any part of the Property; (Iii) conveyance in lieu of condemnation; or (Iv) misrepreseotations of, or omissions. to, the value 8Jld/or condition of the Property. (M) "Mortgage 1DsuraDce" means insurance protecting Lender againIt the nonpayment of, or default on, the Loan. (N) "Periodic Payment n means the regularly scheduled amount due for (i) principal and interest under the Note, plua (ii) any amounts under Section 3 of Ibis SecurIty Instrument. 0070258397 .9705 -..aIPAllOllOBl PIgohllG 01/1l/2~: 1~if:37 Form3038 1101 OK I 895PG2323 e e (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et 1eQ.) and ill implementing regulation, Regulalion X (2.4 C.F.R. Part 3500), as they might be amaIded from time to time. or any additional or sw:ccssor legislation or regulation that goverDI the ume subject matter. As \IICd in this Security Instrument, "RESP A" refers to all requiremaua and restrlctlona that are imposed in rcgud to a .federally re11lled monglllle loan" even if the Loan does not qualify as a "federally re1atecl mortglge loan" under RESPA. (P) "Successor In IDtenlIt of Borrower" means any party that has taken title to the Property, whether or not that party has III1U1Ded Bonower's obligationa under the Note and/or this Security Instrument. TRANSPEROF RJGHTS IN THE PROPERTY Tllis Sec1Irity InstnIment IeCUIC& to Lender: (i) the repayment of the Loan. and all renewals, extell&iona and modificltioDl of the Note; and (Ii) the performance of Bonower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to Lender the following deIc:n'bed property located in the County rrype ofJllconlinl Jurilcllctlonl of CUMBERLAND [Name of Reconllnllurildic1lon]: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF: which cunently has the address of 315 S. PITT STREET CARLISLE ("Property AddreII"): [City], Pennsylvania 17013 [5_1 (Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements. appurtenanceS. and flXtUrel now or hereafter a part of the property. All replacements and additioDl shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." _ -81PAllOOO8l _30111 007025B397 - 9705 I_:~ 01/11/2005 10:57:37 Form 3038 1101 BK 1895Pti2324 e e BORROWER COVENANTS that Borrower Is lawfully seised of &he eewc hereby conveyed IDd has Ibc riJhl to mortpge, annt lIIId convey the Property and that the Property is \IIICIICU11Iber, except for CIICIJIIlbnIDCC of record. Borrower warrantS lIIId will dcfCDd gcuera1ly tbc dde to the Property agail\ll all claims lIIId cIcm8Dds, subject to lilY aIClIIIIbtaDcee of record. nos SECURITY INSTRUMENT combioee UDiform coVCIIIIIII for II8tioDa1 \I8C md DOD-UDifonn covCll8l1ts with limited variatioJlB by jurisdiction to CODItitute a uniform security iDatrumeDt covering real propertY. UNIFORM COVENANTS. Borrower lIIId LeDder covcoant and agree II follows: 1. Paymtllt of Prindpal, IDtenst, EIcrow ItemI, Prepaymeat CbaJ'&tI, aDd Late CIJaraeI. Borrower 8ball pay when due the principal of, IIId iDtcrcBt on, the debt evk\cDCed by the Note llIId any prepaylllCl1l chargee and lite chargee due under &he Note. Borrower ahal1 also pay fuDdB for Escrow ItemS punuant to Section 3. PaymcnIB due under the Note and this Security IDBtnuDcnt shall be made in U.S. c:urmIC)'. However, if IDY dIeck or other inBtrumeIlt received by Lender II payment under the Note or this Security 1nstrumeD11s rctumed to Lender unpaid, Lender may require that IDY or all sub8cqucnt payments duc under Ibc Note.1Ild this Security ItI8ttUIIIeIlt be made in oue or lt101'e of the following fonna, II selected by Leader: (a) cash; (b) inoney order; (I:) l:Crtified d1ec:k, bank dieck, trcasmer's chccIc or caahicr's d1eck, provided any BUC:h c:hccIc is drawn upon ID institution whole cIcpoBlts arc !nBurcd by a fcdcra1 agCDl:)', iDatrUtDCDtality, or entity; or (d) BIcctronlI: Funds Transfer. Paymal&8 arc deemed received by Lender when received at the loc:atlon cicaignated in the Note or at BUCh Olhcr location II may be cicaignated by Lender in ICCOrdance with tbc nodc:e provisions in Scaion IS. Lender may return IDY payment or partial payment If the paymcut or partial paymcms arc insufficiCDt to bring the Loan aurcnt. Lender may aa:cpt any payment or panial paylllCllt lnBufficiCDt to bring the Loan current. without waiver of IDY rights hereunder or prcjudic:e to ill rights to refuse suc:h payment or partial paymeotB in the future, but Lender is not obligated to apply such paymeotB at the time BUC:h paymentS arc a<:c:eptcd. If CIlCh Periodil: Payment Is applied II of lIB schcduIed due date, then Lender Deed not pay interest on unapplied fuDdB. Lender may hold such unapplied funds until Borrower makee paymcnt to bring the Loan c:urrent. If Borrower doee DOt do 80 within a l'C8IOJIIble period of time, Lender Bhall either apply such fuDdB or return them to Borrower. If DOt applied earlier, BUC:h funcis will be applied to the OIItlItInding priDl:ipal balance under the Note immediately prior to forecloaUIe. No offlct or claim whicli Borrower might have now or in the future against Lender BhaI1 relieve Borrower from making paymenlB due under the Note md thia Security Jnstrumcnt or performing the covcnanlB and agrecmcotB BCCIIJcd by this Security 1nJtruJnCDt, 2. Appllc:adoD of Paymcots or ProceedI. Except II otherwise dc8c::ribed in this Scc:tion 2, all payments ac:c:epted and applied by Lender shall be applied in the following order of priority: (a) intcre8t due under the Note; (b) principal due under the Note; (c) I11IOIItIII due under Section 3. Such paymenIB shall be applied to cac:h Periodic: Payment in the order in whicli it bcc:amc due. Any remainina amounts shall be applied first to late c:lwgcs, lICCODCi to IDY othci- amounlB due under this Security Jnstrumcut, and then to redw:c the priDclpal ba1anc:c of the Note. If Lender receivee a payD1lll1t from Borrower for a de1inqucot Periodic Payment whicli lnc:ludca a sufficient IIIIlDUDt to pay any late charge due, the payment may be applied to the delinquent payment and the late clJarge. If more than one Pcrlodll: Payment Is oulltandlng, Leuder may apply lilY payment received from Borrower to the repayment of the Periodil: Payments if, and to the extent that. cac:h payment l:II1 be o..elPAllllOOII 0070258397 - 9705 -~ ....otll 01/1112005 10:57:37 Form3038 1101 tIK 1895PG2325 e e paid in full. To the extent that any excelS exillla after the payment is applied to the full paymmtt of ODe or more Periodic Payments, such exCCII may be applied to any late charges due. Voluntary prepayments shall be applied tint to any prepayment charges IIId tben . described in the Note. Any application of payments, insurance proceeda, or Miscellaneous Proc:eeda to principal due UDder the Note shall DOt extend or poslpODe the due date, or c:bInF the amount, of the Periodic Paymcuts. 3. FundI for EIc:row Items. Borrower shall pay to Lender on the day Periodic PaymeDIIlre due UDder the Note, unti1 the Note is paid in full, alUDl (the "Funds") to provide for payment of amounts due for: (a) I8XeS and .,...snrnl. IIIId other items which can attain priority over thlI Security III8lrUDIeIIt . a lien or encumbrance on the Property; (b) leasehold payments or ground raIla on the Property, if any; (c) premiuml for any and all insurance required by Lender UDder Section S: and (d) Mortg. Insurance praniums, if any, or any sums payable by Borrower to Lender in lieu of the payment of MOrlJl8e Insurance premiums in accordance with the provisi01ll of Section 10. 'Ibese items are called "Escrow Items." At orilliD8lion or at any time during the term of the Loan. Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments lIhaIl be an Escrow Item. Borrower shall promptly fumilh to Lender all notices of amounts to be paid under this Section. Borrower ahaIl pay Lender the fundi for Escrow Items unlellll Lender waives Borrower's obligation to pay the FundI for any or all Eacrow Items. Lender may waive Borrower'. obligation to pay to Lender Funds for any or all Eacrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay direct1y, wbal and where payable, the amounts due for any Escrow Items for which payment of Fund& has been waived by Lender and, If Lender requires, shall furnish to Lender receipts evldeDcing such payment wilhin such time period . Lender may require. Borrower's obligation to make .uch payments and to provide receipts shall for all pUlpOlel be deemed to be 8 covenant and agreement contained in thia Security Instrument, . the phrase "covenant and agreement" is uaed in Section 9. If Borrower ia obligated to pay EIcrow Items direct1y, pursuant to 8 waiver, and Borrower falls to pay the amount due for an Escrow Item, Lender may exercise its rights UDder Section 9 IIId p.y such amount IIId Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver II to any or all Eacrow Items at any time by a notice given in accordance with Section IS 1IId, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under thlI Section 3. Lender may, at any time, collect and hold Funds in an amount (8) sufficient to permit Lender to apply the Funds at the time specified UDder RESPA, IIId (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds aball be held in an institution whose deposits are iDlUred by 8 federal agency, instnJJlleJ1tality, or entity (including Lender, if Lender is an institution whose deposits are 80 insured) or in any Federal Home Loan Bank, Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall DOt charge Borrower for holding and applying the FundI, annually analyzing the escrow llXXlunt, or verifying the Escrow Items, unIellll Lender pay. Borrower interest on the Funda and Applicable Law permits Leader to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall DOt be required to pay Borrower any interest or earning. on the Punds. Borrower and Lender can agree in writing, however, that interest _ -6lPA) 100011 0070258397 .9705 _.~ P.lofll 01/11/2005 10:51:37 Form3039 1101 RK I 895 PG 2326. e e sbI1l be paid on the FuDda. Lender shall give to Borrower, without charge. an annual accounting of the Punds 81 required by RESPA. If there ill a surplus of PundI held in escrow. 81 defined UDder RESPA, Lender sbI1l account to Borrower for the excess fuDdI in accordance with RESPA. If there is a shortage of FuDda held in eacrow, 81 defjned under RESPA. Lender shall DOtIfy Borrower 81 required by RESPA, and Bonower shall pay to Lender the amount DCCe8I8I'Y to make up the shortage In accorda11ce with RESPA. but in no more than 12 DlOIltbly p&yll1llDU. If there is a deficicac:y of Funds held in escrow, 81 defmed UDder RESP A, Lender ahall notify Borrower 81 required by RESPA, and Borrower ahall pay to Lender the amount necessary to make up the deficleDcy in accordance with RESPA, but In DO more than 12 monthly pa)'ll1lllltS. Upon payment In full of all sums secured by this Security IIII1rWDeDt. Lender shall prompdy refund to Borrower any Fuud8 held by Leader. 4. CbIrpI; Lleas. Borrower aha1l pay all taxeS, UIeIII1ICIIII. char&es. fines, and impoIitions attributable to the Property which c:an attain priority over this Security lnItrumeDt, leasehold pa)'ll1lllltS or ground real8 on the Property. if any, and Community Association Duea. Fees, and AuessmcnlS. if any. To the extent that theae itema are BIcrow ItemS. Bonower shall pay them in the manner providccl in Section 3. Borrower shall prompdy diaclwge any lien which has priority over thia Security IlISI1'IIIneI1t unless Borrower: (a) agreea in writing to the payment of the obligation IeCUI'ed by the lien in a11l8llllCl' acceptable to Lender, but only 10 long 81 Borrower is performing 8UCh agreement; (b) contcIlS the lien in good faith by, or defeads against enforcement of the lien in. legal proceedingS which in Lender's opinion operate to prevent the emoramau of the lien while those proceedings are peodin&. but ODIy until such proceediDgJ are ooncluded; or (c) aecuteS from the bolder of the lien an agreement aatisfactory to Lender subordiDatln& the lien to this Security InatrurDellt. If Lender determines that any pan of the Property is subject to a lien which c:an attain priority over this Seauity IlIIIJUment, Lender may give Borrower a notice identifying the lien. Wilhin 10 daya of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the 8dions set forth above In this SectiOD 4. Lender may require Bonower to pay a one-timc charge for a real eatate tax veriflC8tion and/or reporting service used by Lender in colllleCtion with this Loan. 5. Property lDsunmee. Bonower shall keep the improVeDleIllS now existing or hereafter erected on the Property in8Ul'ed against IoBB by tire, hazards included within the term · extended coverage,. 8Dd any other hazanIB including. but not limited to. earthquakes and flooda. for which Lender requires insurance. This iDBurance shall be maintaiDCd in the amounlS (including deduc:tlble levels) and for the periodl that Lender requires. What Lender requires punuant to the preceding senteIICelI CIII1 change during the term of the Loan. The insurance carrier providing the iDBul'llllce ahalI be c:boBeo by Bonower subject to Lender's right to disapprove Borrower's choice. which right shall DOt be exercised UD1'C8IOD8bly. Lender may require Bonower to pay. in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-timechar&e for Oood ZOIIC determination and certification services and subsequent charges each time rcmappings or similar changca occur which reasonably might affect such determination or certlftcation. Bonower shall alao be lCI}lODBlble for the payment of any fccs imposed by the Federal Emergency Management AgellCJ in connection with the review of any flood zone determination resulting from an objection by Borrower. _ -8\PAllOOO8l P_' of 11 0070258397 - 9705 01/1l/2~' 1~:37 Form 3038 1101 BK I 895 PG 2 327 e . If Borrower faUs to maintain lilY of the coverages described above, LeDder may obtain insurance COverage, at Lender's option IIId Borrower's expense. Lender is under no obligation 10 purchlse lilY particular type or amount of coverage. Therefore, such coverage shall cover LeDder, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, agaiDat lilY risk, hazard or liability and might provide greater or lesser coverage than was previoualy in effect. Borrower aclcnowledges that the cost of the insurance coverage so oblained might signifiClDtly exceed the cost of ins1JJ'aD':e that Borrower could have obtained. AJ1y II1IO\IDtI disbursed by Lender UDder thiI Section 5 shall beI:Ome additional debt of Borrower secured by thiI Security InsttU\DCllt. 1beIc amountS shall bear interest at the Note rate from the date of disbursema1t snd shall be payable, with such interest, upon notice from Lender 10 Borrower requesting paymcDt. All insurance policies required by LeDder and renewal. of such policlcs sha1l be subject to Lender'. right to disapprove such policies, shall include a standard mortgage claUIe, and shall name Lender as mortgagee and/or as 111 additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipta of paid premiums and renewal notices. If Borrower obtains lilY form of insursnce coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy sha1l include a Itandard mortgage clllllSe IIId shall name Lender as mortgagct andIor as an additiOJJalloSf payee. In the event of loss, Borrower shall give prompt notice 10 the insuraDce carrier and LeDder. LeDder may make proof of loss if not made promptly by Borrower. Unlesa Lender IIId Borrower otherwise agree in writina. any insurance proc:eeds, whether or not the underlying insurance was required by Leader, shall be applied to restoration or repair of the Property, If the restoration or repair is economically fesalble IIId Lender's &eCUrity is not lesaeaed. During such repair and restoration period, Lender shall have the right to hold such insurance proceedl until Lender bas had an opponunlty 10 lnapcct such Property to ensure the work bas been completed to Lender's satlafaction, provided that auc:h inspection shall be undertaken promptly. Lewier may disburse proceeda for the repaiII and restoration in a single payment or in a series of progress payments as the work i. completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on sucb Insurance proceeds, Lender shall not be required to pay Borrower lilY interest or earninga on such proceeds. Fees for public adjUllers, or other third parties, retained by Borrower shall not be paid out of the Insurance proc:eeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or LeDder'. &eCUrity would be lesaeaed, the insurance proceeds shall be applied 10 the sums sec:ured by thia Security lnatrUlJleDt, whether or not then due, with the excess. if any, paid 10 Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandollS the Property. Lender may file, negotiate and settle lilY available insurance claim and related matters. If Borrower does not respond within 30 days 10 a notiCe from Lender that the Insurance carrier bas offered 10 settle a claim, then Lender may negotiate and settle the claim. The 3O-day period will begin when the notice is given. In either event, or If Lender acquires the Property under Section 22 or otherwise, Borrower hereby assiJIIS to Lender (a) Borrower's nahtl to any insurance proceeds in an amount not 10 exceed the unounts unpaid under the Note or thiI Security Instrument, and (b) any other of Borrower's rightl (other than the right to any refund of uneamcd premiums paid by Borrower) under III Insurance policies covering the Property. insofar as such rightl are applicable to the coverage of the Property. Lender may use the lnsuranc:e proceeds either to repair or restore the Property or to pay amountl unpaid under the Note or thiI Security Instrument, whether or not then due. _.atPAI1OOO81 0070258397 - 9705 _:~ Pogololll 01/11/2005 10:57:37 form3039 1101 BK 1895PG2328 . e 6. Occupauey. Borrower sha11 occupy, establish, md use the Property 18 Borrower's priDcipal residence witbin 60 days after the execution of this Security 1Dstrumcol md sha11 continue to occ:upy the Property 18 Borrower's principal residence for at Icaat one year after the dale of occ:upancy, unless Lender otbcrwiIe ..rea in writina, which COII8aIt shall DOt be UIU'llI8OlIIb1y witbbeld, or unless extcDualin& cin:ums1aDCC8 exlat which are beyoad Borrower', colllrOl. 7. l're8ervatkm, MaJnteaaDee and ProtectlOll of the Property; 1DIpectI0IIS. Borrower shall not destroy, dam8ae or ilq)aIr the Property, Il10w the Property to deteriorate or commit waste on the Property. Wbctber or not Borrower it residing in the Property, Borrower shall maintain the Property in order to prevcot the Property from deteriorating or decreaaina in vlluc due to its condition. Unless it is determined pursuant to Scclion 5 that repair or restoration it DOt ecooomical1y feasible, Borrower sha11 promptly repair tbc Property If damaaed to avoid further deterioration or damage. If Insurance or condenmation proceeds are paid in c:oonection with dam8ae to, or the laking of, the Property, Borrower shall be reapoII8ible for repairIDa or restoring the Property only If Leodcr has released proceeds for IIUCh pUIJlOSCS. Lender may disbunc proceeds for the repairs and restoration In a single payment or In a aeries of propelS payments 18 the work is completed. If the Insurance or condemnation proceeds arc not aufficiCDt to repair or restore the Property, Borrower II not relieved of Borrower', obligllion for the completion of 811Cb repair or restorIlion. Lender or its agent may make ressonable entries upon and inIpcctions of the Property. If it baa reasonable CIUIC, Lender may inspect the interior of the improvements on the Propcny. Lender sball give Borrower notice at the time of or prior to IUd1 an interior inspection apecifying such reasonable CIUIe. 8. Borrower'. Loan AppUcatlOll. Borrower shill be in clefault if, during the LoIn application process, Borrower or any pcr8OJ18 or entities acting at the direction of Borrower or with Borrower's knowledge or COII8CDt gave materially faile, misleading, or inaccurate Information or statements to Lender (or failed to provide Lender with matcria1 information) in connection with the Loan. Material repl'CllCDtations include, but arc DOt limited to, representations c:onccrnlng Borrower', occ:upancy of the Property 18 Borrower's principal resldcncc. 9. ProtectIon of Leoder'. Interest in the Property and R1Ptll Under tbII Security InItrumcnt. If (a) Borrower fails to perform the covenants and agreements contained In this SecurIty inlIUUment, (b) there is a legal proceeding that might ,igniflClDtly affect Lender's interest in the Property and/or rights IIDder thit Security inlItrumcnt (such 18 a proceeding in bankruptcy, probate, for condannation or forfeiture, for enforcement of a lien which may attain priority over this Security 1nstrurncnt or to enforce law, or regulBtiOJl8), or (c) Borrower has abandoned the Property, thCII Leader may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security inlItJ'UIJICDt, incIudina protecting and/or I118C88ing the value of the Property, and securing and/or repairing the Property. Lender's actiOJl8 can include, but arc DOt limited to: (a) paying anylUDlS sccured by a liCD which baa priority over this Security Instrument; (b) appearing in court; and (c) paying I'ClI8OIIIble attorneys' fees to protect Its intere8t in the Property and/or rights under this SecurIty Instrument, incIudin& ill secured poIition in a bankruptcy proceeding. Sccurina the Property includes, but I. not limited to, entering the Property to make repairs, change loeb, replace or board up dooo and windows, drain water from pipes, eliminate building or other code vlolatiOJl8 Of dangerous conditions, and have utilities tumed on or off. Although Lender may like action UDder this Section 9, Lcoder cIocs not have to do 10 and II DOt UDder any duty or obligation to do 10. It is agreed that Lcoder incun DO liability for not taking any or all actiOll8 authorized IIIIder this SectIon 9. _-6fPAI1OOO81 0070258397 - 9705 -:....wa.a.. P.I..II 01/11/2005 10:57 :37 Form3039 1101 BK 1895PG2329 e e Any amounts disbuned by Lender W1dcr IhiI Section 9 shall become additional debt of Borrower secured by this Security Instrument. These 8JDO\IlllI sball bear interest at the Note rate from the date of disbursemmt and shall be payable, with sueb inteJeIt, upon notice from Lender to Borrower requesting payment. If IhiI Security IIISl1'UIIIeIIl is on a leasehold, Borrower shall comply with all the provlalOJlJ of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortaaee 1DIunnce. If Lender required Mortgase Insurance 81 a condition of makin& the Loan, Borrower shall pay the premiums required to maintain the Mortgase Insurance in effect. If, for any reason, the Mortgase Insurance coverage required by Lender ceases to be available from the monpp insurer that previously provided such insurance and Borrower wu required to make separately designated payments toward the premiums for Mongage Insurance, Borrower shall pay the prcmlumarequired to obtain coverage substantially equivalent to the Mortgage Insurance previOll8ly in effect, at a COlt substantially equivalent to the cost to Borrower of the Mortgage Insurance previouSly in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due wbeo the insurance coverage ceued to be in effect. Lender will accept, use and retain these paymentS 81 a non-refundable Iou reserve in lieu of Mortgage Insurance. Such Iou reserve shall be non-refundable, noIwithstandiq the fact that the Loan Is ultimale1y paid in full. and Lender shall not be required to pay Borrower any interest or earnings on sucb Iou reserve. Lender can no longer require Iou reserve payments if Mortgage Jnsurance coverage (in the I1lIO\II1l and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separate1y designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgase Insurance 81 a condition of makIna the Loan and Borrower wu required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to proviclc a non-refundable Iou reserve. until Lender's requirement for Mortgage lnsuraDce ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in IhiI Section 10 affecta Borrower's obligation to pay interest at the rate provided in the Note. Mongage Insurance reimbunea Lender (or any entity that purchases the Note) for certain loases it may incur If Borrower does not repay the Loan 81 agreed. Borrower is not a party to the Mortgage Insurance. Mortgage Insurers evaluate their total rislt on all such insurance in force from time to time. and may enter into agreements with other parties that share or modify their riaIt, or reduce loases. These agreements are on termlI and conditions that are satisfactoly to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any IlOIIl'Ce of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). AJ a result of these agreements. Lender, any pun:haaer of the Note, another insurer, any reinsurer, any other entity. or any affiliate of any of the foregoiq, may receive (directly or indirectly) amounts that derive from (or migbt be characterized 81) a portion of Borrower's payments for Mortgage Inaurance. in excltan&e for sharing or modifying the mortgage insurer'. risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiuma paid to the Insurer, the arranaemenl is often tenned "captive relnauranc:e." Further: (a) ADY audI qnements wiD not affect the amounts that Borrower bas IIIlreed to pay for Martaale lusurance, or any other terms of the LoaD. Such Bllreements wiJl Dot i_ the BmOlDlt Borrower wiD owe for MortlBle IDaurance, BDd they will not entitle Borrower to any refund. GL.eIPAIIOClOeI 0070258397 - 9705 ......'e 01/1l/2~~:37 Form3039 1101 BK , 8 9 5 PG 2 3 30 . . e e .' (b) AJ1y mdl ap-eements wlll not affect the rights Borrower has - if any - with respect to the Mortllaae Jusuranc:e under the Homeowners Protection Act 0I1!198 or any other law. These rl&hts may lDdude the rilht to receive certain dlac1ollures. to request and obtain cancellation of the Mortp&e 1nIuranCle. to bave the Mortp.e IDIW'anee terminated automatlcally, and/or to receive 8 refund of any MortpJe Jnsurance premiums that were unearned at the time of Iueh caneellation or tennlJuldclll. 11. ,A.lIlIIpllU!llt of MiIceIlaneoUl Proceeds; Forfeiture. All Misc:e111llCO\ll Proc:eecIs are bereby -1JICld to IDd IiWI be paid to Lender. If the Property is daJna&ed. such MitcclllJleOWl Proceeds aball be Ipplicd to restoration or repair of the Property, If the restoration or repair Is ecoDODlica\ly feasible and Lender'. IleCUrity iI not lellellCd. Durlna such repair IDd restoration period. Lender mill have the right to hold such Mlacellueoua Proc:eeds until Lender hu bad an opportunity to inspect. IUCh Property to eIIIute the work b88 been completed to Lender'. utilflCtion. provided that such inspection .ball be UDdertakeD promptly. Lender may pay for the repain IJId reItOration in a Bingle diabunement or in a 8Criea of ProlrelS paymeutl II the work is completed. Unleaa an agreement is made in writing or Applicable Law requires interest to be paid on auch MisceIllIICOUI Proceeda. Lender shall not be required to pay Borrower any intereat or earning. on IIIICh MisceIlaneoua Proc:eeda. If the restoration or repair is DOt economically feasible or Lender's ICCIIrity would be leaaeoed. the MIacel\aneoUS Proceeds shall be applied to the IlIDlII secured by lhia SecurIty IJlSt1'UD1CIIl, whether or not tben due. with lbe CllCCIS. If any, paid to Borrower. Such Miacellaneoua Proc:eeds ahaIl be applied in the order provided for in Section 2. In the event of a total takiD&, deatruction, or 1011 in value of the Property, the Miac:ellaneoua Proceeds sbal1 be applied to the aums aecurcd by thia Security IllltrUlnCl1t. wbether or not then due, with the exceu, if any. paid to Borrower. In the event of a partial takiD&. cIestruction. or 1011 in value of the Property in which the fair market value of the Property immediately before the putIal taking, deatruction, or loes in value is equal to or greater cban the amount of the IlIDlII aecurcd by thia Security Instrumelll immediately before lbe panial takiDg, deatruction. or 1011 in value. unlCllll Borrower and Lender otherwiae agree in writing. the IUDII secured by lhia Security Instrument abaIl be reduced by lbe amount of the Mlac:ellaneoua Proceeda multiplied by the followins fraction: <a) the total amount of the IlIDlII IICCIIred inunediately before the partial takins, deatruCtion, or loss in value divided by (b) the fair market value of the Property ilJlIMliately before the partial taking, destrUCtIon. or IOIS in value. Any balance shall be pald to Borrower. In the event of a partial taking, deatruction. or 1011 in value of the Property in which lbe fair market value of the Property immediately before the panial taking, deatruction. or 1011 in value is less than the amoUDt of the IUIJII lICCUJ'cd immediately before lbe partlal taking. deatrUCtion. or Iou in value. unlCllll Borrower and Lender otherwiae agree in writing, the Mitccllaneoua Proceeds &hall be applied to the sums aecured by thia SecurIty InstrUment whether or not the IUlII8 are then due. If the property is abandoned by Borrower, or If, after notice by Lender to Borrower that the Opposing Party (as defined in the next scnteDCe) offen to make an award to settle a claim for dama&ea. Borrower fails to respond to Lender within 30 day. after the date the notice is given. Lender II authorized to collect and apply the Miaccllancoua J>roceeds either to restoration or repair of the Property or to the 111IIII aecured by this SecurIty lnatrument, whether or not then due. "Oppo.ing Party" means the third party thll owes Borrower Mitccllaneous Proceeds or the party against whom Borrower has a right of action in regard to Miac:ell1JlllOUl Proceeda. Borrower ahall be in default if any action or proceedin&, whether civil or criminal. is begun that. in I..encIer's judgment, could reault in forfeiture of the Property or other material impairment of Lender's intereSt in the Property or righta under thll Security Instrument. Borrower can cure auch a default and, if acceleration has occurred. reinstate as provided in Section 19, by cauaing the action or proceeding to be _ -4llPAIIOOOII 0070258397 - 9705 PlII01Qotle 01l11/2~;;-;:~:37 Fonn3038 1101 8K I 8 9 5 PJ; 2 3 3 I. e e dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other malcrial impairment of Lender's interest in the Property or rigbll under this Security Insttument, The proceeds of any award or claim for damages that arc attributable to the impairment of Lender's interest in the Property arc hereby assigDed aod Iha1l be paid to Leodcr. AU Miscellaneous Proceeds that arc not applied to restoration or repair of the Property Iha1l be applied in the order provided for in Section 2. U. BoITower Not Released; Forbearance By Leader Not a Waift!'. ExleD8ion of the time for payment or modification of amortization of the sums secured by this Security InstruJnent granted by Lendcr to Borrower or any Successor in IDIemJt of Borrower shall not operate to rdeuc the liabUity of BoJTOWel' or any SUccessors in IntcrCBt of Borrower, Lender shall not be requited to COIIIIIIIlDCC proccediDas against any S\Jc(:e8IOr in IntcrCBt of Borrower or to refuse to extcod time for payment or otherwise modify amortization of the sums 8CC\Jred by this Security Instrul1lCllt by reason of any demand mlIdc by the original Borrower or any Successors in IJ1tcrcst of Borrower. Any forbearanCe by Lender in cxen:ising any right or remedy including, without limitation, Lender's acceptaN:e of payments from third pcr8OII8, entities or Succe.sors in Interest of Borrower or in amounlllcss than the amount then due. shall not be a waiver of or preclude the cxcrcisc of any right or remedy. 13. Joint and Several LlablUtYi Co-sIpeni SUCCC88OI'I and Alsip Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but docs not execute the Note (a "co-uaner"): (a) is co-signins this Security InstrUIIleSlt only to mortgage, grant and convey the co-signcr's interest in the Property under the termS of this Security InalrUlnellt; (b) is not pcrsona1ly obligated to pay the IUID8 secured by thls Security InstrUlJlCllt; and (c) agrees that Lender and any other Borrower can agree to cxtcDd. modify. forbear or make any accommodations with regard to the termS of this Security Instrument or the Note without the co-sip's conaenl. SUbject to the provisions of Section 18, any Successor in IntcrCBt of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and ls approved by Lender. shall obtain all of Borrower's righll and beoefill under this Security Instrument. Borrower sha1l not be released from Borrower's obligations IIDlIliability under this Security InstrUment unlcss Lender earecs to such release in writing. The covcnanll IIDlI agl'CCllleDlI of this Security InstrulDm1t sha1l bind (except as provided in Section 20) and benefit the aucceasors aod usigns of Lender. 14. Loan Charaes. Lender may charge Borrower fees for services perfonned in connection with Borrower's default, for the purpose of protecting Lender'. interest in the Property and righll under this Security InstnmlCl1t, including, but not limited to, attorneyS' fees. property inspection aod valuation fees. In regard to any other fees, the abscDce of exprca.s authority in this Security Instrument to chsrse a specific fee to Borrower sball not be construed as a prohibition 00 the charging of such fee. Lender may not charge fees that arc expresaly prohibited by this Security Instrumcot or by Applicable Law. If the Loan ia aubject 10 a law which letS maximum loan charges. and that law ia fmal1y interpreted 80 that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limill, then: (a) any such loan charge sball be reduced by the amount DCCC888ly to reduce the charge to the permitted limit; and (b) any IU1D8 already collected from Borrower whk:h cxcecdcd permitted limill will be refunded to Borrower. l.eodcr may choose 10 make thia refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charae (wbctber or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment 10 Borrower will constitute a waiver of any right of action Borrower might have arising out of auch overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Insuumcnt sball be deemed to 0070258397 - 9705 _.elPAllOOOlI "'110111 01/11/2:~:37 Fonn3038 1101 BK I B 9 5 PG 2 3 3 2 e e have bcca liven to Borrower wilen mailed by fint cl881 mail or wilen actually delivered to Borrower's notice address If ICIll by other 1IIClIIIll. Notice to any one Borrower shall CODItitute notice to all Borrowers unlcas AppUcabJc Law cxprasly requires othcrwilc, The nodcc addrcsa Ihal1 be the Property Addrcas unlcas Borrower baa dcIignated a IUbstitute notice address by notice to Lender. Borrower shall promptly notify Leader of Borrower's chaIIge of adcIrcsa. If LcIIdcr spcclfica a procedure for reporting Borrower's change of address, then Borrower shal1 only report a change of addrcsa through thatlpCclficd procedure. 1bcJe may be only one designated notice address lIDder this Security IDstrumcIIt at my ODe time. Any notice to Lender shall be given by de1ivcriDg it or by mailiD& it by lint class mail to Lender's address stated hcrciD unlcu Lender baa designated IIIOCbcr addrcu by nodcc to Borrower. Any notice in connection with this Security InstrumCDt shall DOt be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law JeqUiremcnt win satisfy the corrcspoDCliD& requirement under this Security Instrumea1. 16. GoYemiD& Law; Severability; Rules or Coastruc:doD. This Security Instrument shall be governed by federal law and the law of the jurisdlction in which the Property is located. All rights and obligaUOIII contained in this Security Instrument arc IUbject to my requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be sUau, but such silence shall not be COIIIUUCd IS a prohibition against agreement by contract. In the event that any provision or clause of this Security IDSl.IUIIICDt or the Note conflicts with Applicable Law, such conflict shall not affect other provlsiOlll of this Security IIIItNmIlDt or the Note which can be given effect without the conflicting provision. . As used in this Security Inatrumcnt: (a> words of the mascu1inc lender shall mean and include corresponding IlCUtcr words or words of the feminine gender; (b> words in the singular shall mean and include the plural and vice vena; and (c) the word "may" givCl sole dlscrctIon without any obliption to like any action. 17. Bomnrer's Copy. Borrower shall be given one copy of the Note and of this Security IlIItnImCDt. 18. TnmIIer or the Property or a Benelielallntel'elt in Borrower. As UICd In this SectIcm 18. "Interest in the Property" means any legal or bcocflcial Intcrcat in the Property, including, but not limited to, those bcncficial intcrcstl transferred in a bond for deed, contract for deed, inItallmcnt sales contract or escrow agrccmcnt, the intent of which is the transfer of title by Borrower at a future date to a purchuer. If all or any part of the Property or any Interest In the Property is sold or transferred (or If Borrower is not a natUral person and a beneficial interest in Borrower is sold or traJllferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security IDIt1'UIDCDt. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower DOticc of eccelera1lon. The notice shall provide a period of not leu than 30 day. from the elate the notice isaiven in .x:ordaBCc with Section IS within which Borrower DBJSt pay all sums secured by this Security Instrument. If Borrower falis to pay these sums prior to the expiration of this period, Lender may invoke any remedies pcnnittcd by this SecurIty Instrument without further notice or demand on Borrower. 1', BorrcJwao's Rlaht to RelDstate After Acceleration. If Borrower mcctI certain conditiona, Borrower shall have the right to have enforcement of this Security lnatrument discontinued at any time prior to the earliest of: <a) five day. bcfOR sale of the Propcny punuaot to any power of sale contained in thil Security Inatrwnentj (b) such other period as Applicable Law might specify for the tcnnination of Borrower'. right to rcinatatc; or (c) entry of a judgment enforcing this Security Instrument. Those conditions arc that Borrower: <a) pays Lender all IURlS which then would be due under this Security InstrU11lClll and the Note as if no acceleration had oc:curredj (b) cures any. default of any other covenants or _-6lPAI1OOO81 Pogo 12 of,e 0070258397 .9705 01/11/2~~:fi:37 Form30H 1101 BK 1895PG23.33 e e agreemcota; (c) pays all expeoaes iDCIIJ'I'Cd in enforcinl this Security InstJ\U1lalt, includil1l, but not limited to, R8IIOnable attomeys' fees, property inspection lIIld valuation fees, and other fees incurred for the purpose of protecting Lender's iDtcrc8t in the Property and rights under this Security Jnatrwnent; and (d) takes such actioo as Lender may reasonably require to lI88UJ'C that Leader's interest in the Property and riahts under this Security Instrument, and Borrower's obligation to pay the 8UDI8 llCCUJ'Cd by this Security InstnJmCl1l, shall continue W1dIangcd. Lender may require that Borrower pay such reinltltcmCDt SUD18 and expenses iD one or more of the following fol'lJl8, as selected by Lender: (a) cash; (b) moDCY order; (c) ccrtifled check, bank check, trcaSUI'CI"S chcck or cashier's check, providccl any such chec:k is drawn upon an institution whose cIcpo8its arc i1J8URd by a fc:dcra1 agency, instrumentality or entity; or (d) Elccuonic Funds Trmsfer. Upon reinstatement by Borrower, this Security In8lrUJDC11t and obligations secured hereby ahal1 remain fully effective as if DO acceleration had occurred. However, thia riaht to reinstate shall not apply in the case of acceleration under Section 18. 10. Sale of Note; Chan&e of Loan Servka'; Notice of Grievance. The Note or a partial inlcrcst iD the Note (tolcther with this Security iDaUumcnt) can be 101d one or more times without prior DOtice to Borrower. A sale miaht result iD a change In the entity (lcnown as the "Loan Serviccr") that collects Periodic Payments due under the Note and this Security InstnllDCllt and pcrfonna other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also miaht be one or more chqes of the Loan Scrviccr unrelated to a sale of the Note. If lbcrc is a change of the Loan Scrvic:cr, Borrower will be given writlCll notice of the change which will state the name and addrcas of the new Loan Serviccr, the address to which payments should be made and any other iDformation RESPA requires in connection with a notice of transfer of eervicing. If the Note is sold and thereafter the Loan is scrvicccl by a Loan Scrviccr other than the purchuer of the Note, the mortgage loan acrvicing obliptions to Borrower will remain with the Loan Serviccr or be transferred to a IIIICCC8llOr Loan Scrvic:er and arc not assumed by the Note purchaser unlcas otherwiac provided by the Note purchaser. Neither Borrower nor Lender may colD1'DCllCC, join, or be joined to any judiciallCtion (as either an individual litigant or the member of a claaa) lhat arIaes from the other party's actions pursuant to this Security lnat1'lllJlel1t or that alleges that the other party bas breached any provision of, or any duty owed by reason of. this Security In8l1'UJDCJlt, until such Borrower or Lender has notified the other party (with such notice given in compliance wllh the requircmcnta of Section 15) of such alleged breac\l and afforded the other pany hcrclO a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which muat dapac before certain action can be taken, that time period will be deemed to be reasonable for purpoacs of thia paragraph. The notice of acccleration and opportunity to cure given to Borrower purauant to Section 22 and the notice of acceleration given to Borrower punuant to Section 18 ahall be deemed to satIafy the notice and opportunity to take corrective action provisiooa of this Section 20. 11. Hazardous SublitaDcell. AJ used in thia Section 21: (a) .Hazardous SubatanCCII" arc those substanCCI defined as toxic: or hazardous substanceS, pollutants, or wastca by Bnvironmental Law and the following subatanCCII: gasoline, kcroacne, other f1anunable or toxic: petroleum products, toxic pcaticide8 and herbicides, volatile IOlvents, materials containing asbestos or formaldehyde, and radioactive matcriala; (b) "EoviIOnmcntal Law. means fcdera11aws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Envil'OJlJDCntal Cleanup. Includes any response action, remedial action, or removal action. II defined In Eovlronmental Law; and (d) an .Environmmtal Condition" IDC8III a condition that can cauac:, contribute to, or olherwisc trigger an Environmental CleanuP. .. "CPAI -'81 .... '3ot 18 0070258397 - 9705 01111/2:::: 1~~37 Form3039 1/01 BK I 8 9 5 PG 2 3 3 l4 . . - , e e Borrower IhIll DOt C8UIe or permit the praence. use, di8pOlll1. atorlI&e. or release of any Hazanloua SubsUDCCI. or thrcaIen to release any Hazardous Substances, on or in the Property. Borrower sbal1 not do, nor allow my one eIJe to do, anytbing affecting the Property (a> that is in violltlon of any EnvirolUlll'il1tal Law. (b) whk:b createlm Environmental Condition, or (e) which, due to the preseDCC, use, or release ofa HazardoUS SubItaDce. createI a COIIdition that adversely affect8 the value of the Property. The prcccding two ICDtcIIl:e8 Ihall DOt apply to the praeocc. use. or storqe on the Property of amall quantitiea of Hazardoua Sub8Wlces that are generally recognized to he appropriale to nonnal residential UICllI and to maintc:II8DCC of the Property (inclnding, but DOt limited to. bazardous sobltaDcea in C01II\IIDeI' prodllCtl). Borrower sbal1 promptly live Lender written DOtice of (a) any investigation, claim, deInaOO. llIWIIIit or other action by any govemmeotal or regulatory agency or private party involving the Property IIId any Hazardoua Subatm:e or Environmental Law of which Borrower baa actual kDowledge, (b) any EnvirollJueDlal Condition. including but not limited to. anr spilling, leaking. diacharge. releaae or threat of releuc of any Hazardous SuhItance, and (e) any condition C8IJIed by the preseDCC. use or releaae of a Hazardous SUbltaDce which advmely affects the value of the Property. If Borrower lell'lll. or is notified by my govC11llllCBtal or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affectiDg the Property is necessary, Borrower Ihall promptly take all ncceasary remedial dOllS in KCOrdaoce with Bnvlromnenta1 Law, Nothing herein shall create any obligation 01\ Lender for an Bnviromnental Cleannp. NON-UNIFORM COVENANTS. Borrower and Lender further coVCll8Dl 8Dd agree IS follows: 22. Aceeleration; Remedies. Leader shall &in notice to Borrower prior to aceeleratlon foUowiD& Borrower's breach of any COVeDllDt or allreemellt in tbIs SecurIty lDstrument (but DOt prior to aceeleration under SectIon 18 unless Applicable Law provides othenriae). Leader Iball notlty Borrower of. amooa other thlnp: (a) the default; (b) the action required to cure the default; (c) wbm the default mUll be cured; and (d) that fallure to cure the default as specIfted may result in aceeleradoD of the sums secured by this SecurIty InstrumlUt, foreclCllUl'e hy Judic:IaI proeeedlna and sale of the Property. Leader shall further inform Borrower of the rlabt to reinstate after ac:c:eleratlon and the ript to assert In the fonelOll1U'e proceedlna the DOU-ailteDce of a default or any other deteuse of Borrower to ac:c:eleration and foreelOlUre. If the default is DOt cured aslp<<llled, Leader at Its option may require Immediate payment In full of all sums acund by this Security ~t without further demand and may foreclOle this Security JDstrumeat by Judicial proceecIlna. Leoder shall be entitled to coUect aU expenses Ineurncl In pursulna the remedies provided In this SectIon 21, Indudina. but Dot limited to, attorneys' f. and COlts of title evidence to the extent permlUed by Appficable Law. 23. Release. Upon payment of all sums aa:nred by this Security Instrument. this Security Instl'UDlel1t and the estate conveyed shall terminate and become void. After such oc:currence, Lender shall discharge and satisfy this Security Instrument. Borrower shal1 pay any recordation costa. Leader may charge Borrower a fee for releasing this Security Instrument. but only If the fee is paid to a third party for services rendered and the charging of the fee is permiUed UIIder Applicable Law. 24. Walvers. Borrower, to the extent permiUed by Applicable Law. waives and releases any error or defects in proceedings to enforce this Security Instrument. and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homeStead eumption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the COII1IIICIu:emat of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortpge. If any of the debt secured by this Security lnstnIment is lent to Borrower to acquire title to the Property, this Security In.strwIImllhall be a purchase money mortgage. "7. Interest Rate After Judgment. Borrower agrees that the interelt rate payable after a judgment is entered on the Note or in an sctlon of mongage foreclosure shall he the rate payable from time to time under the Note. _-8lPAIIOClOlII 00702~:tf:?:-9705 _'4ol,e 01/11/2~: 10: .37 Form3038 H01 BK I 8 9 5 pt 2 3 35 e e BY SIGNING BELOW, Borrower accepu and agrees to the termS and covcnant8 contained in this Security Instrument and In any RIder executed by Borrower and recorded with It. WltneI8CI: ~r'a ,,/" -::::7i3h.. c..a~ ...aIPAI1Cll1081 BK t B95P.G2336 (Seal) -Borrower (Seal) .Borrower (Seal) .Borrower l1A~"""---. MICHAEL D. BLUMENTHAL (Seal) -Borrower (Seal) .Borrower (Seal) -Bonower (Seal) .Borrower (Seal) -Borrower 0070258397 - 9705 Pogollafle 01/11/2005 10:57:37 Form3038 1/01 . e -, .. . Certifies. of Re.ldence I, , do hereby certify that the correct eddl'888 of the w1thln-named Mortgagee is . WItness my hand this Day day of MonlhlYear Agent of Morlgagee COMMONWEALTH OF PENNSYLVANIA YMt- County ss: on this the t:; d- day of ~.... ::u>oS- the underlllgned officer, personally appeared Ml,rL.....J b. Blu.~~-H....L before me, known to me (or satlsfactorUy proven) to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged thet heJshelthey executed the same for the purposes herein contained, IN WITNESS WHEREOF, I hereunto sel my hand and official seal. My Commission expires: ~~a ,,7 ~ NOTARIAL SEAL JOHN E. BUNN, Notary Public EaIt Ma/'IChMt8r~. "tbrk County My 00mrnII8I0n ElrpnI_ 19, 2006 TItle of Officer 1II1IIIIIIIII 4000111PA (4Ill2) Pogo ,... Ie 0070258397 . 9705 0111112005 10:57:37 IW ~ 1 Certify this to be recorded ln Cumberland County PA ~~~r ~ Recorder of Deeds BK 1895PG2337 e . . :... . . Stewart TIUe Commlbnent Number: 2004120033AM* SCHEDULE C PROPERTY DESCRIPTION The land referred 10 In this Commlbnenlls described 8S follows: AlL that certain tract of land together with the Improvements theraon erected, located In the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described 8S follows: BEGINNNG at a point on South Pitt Street, at the South-westem comer of lot now or formerly of Ira E. Zeigler; thence In an Easterly direction along said lot now or formerly of Ira E. Zeigler, 110 feet, more or less, to a 9 foot alley; thence In a So~erty direction along the said 9 foot alley, 30 feet to a point; thence In a We..rty direction along land formerly of Walter Stuart and Jacob H. Foreman, now or formerly of J. Harvey Heagy, 110 feet, more or less, to South PItt Street; thence in a Northerly direction along said South Pitt Street, to a point, the Place of BEGINNING. CONTAINING 30 feet In front on South Pitt Street, and extending back III even width 110 feet, more or less, to a 9 foot alley. HAVING thereon erected a 2-1/2 story brick dwelling house known as 315 South Pitt Street, Carlisle, Pennsylvania 17013. BEING Lot No.1. Parcel # 04-21-0320-606 Al TA CommIbnenl Schedule C (2004120033AM.PFD/2004120033AMIS) OK 1895PG2338 J . . . VERIFICATION The undersigned and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa C.S.A. ~ 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and belie[ ) . EXHIBIT "B" . . Il ,?, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR NO. 06-1844 CIVIL TERM STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, Plaintiff TYPE OF PLEADING vs. MICHAEL D. BLUMENTHAL, Defendant CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE NOTICE To: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, Plaintiff: You are hereby notified to file a written response to the the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. By: ,;1.A).fh,- Michael D. Blumenthal, Defendant J ~ COPY FROM RECORO y wtlereOt, , here unto .. ., MRo -'of " . .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR NO. 06-1844 CIVIL TERM STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 200S-AQl, Plaintiff TYPE OF PLEADING vs. MICHAEL D. BLUMENTHAL, Defendant CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE ANSWER WITH NEW MATTER MichaelD. Blumenthal, Defendant, in the above captioned matter, makes the following Answer and New Matter in response to Plaintiff's Complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. S. Admitted. 6. Admitted. 7. Admitted. 8. Denied. The Defendant did not receive "Notice of Homeowner's Mortgage Assistance Act of 1993". Under the circumstances, Defendant believes and therefore avers that Plaintiff did not mail the required Notice to the Defendant. 9. Admitted. 10. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the ~ .... e . " . averments of Paragraph 10 and proof thereof is demanded. WHEREFORE, Defendant prays Your Honorable Court to enter judgment in favor of the Defendant. NEW MATTER 1. The averments of Defendant's Answers to Plaintiff's Complaint are incorporated herein by reference thereto, 2. It is the Defendant's understanding that the laws of the Commonwealth of Pennsylvania require a mortgage creditor to provide a debtor in default a Thirty (30) Day Notice to seek assistance and cure the default as required Act 91, the Homeowner's Emergency Mortgage Assistance Act. Defendant was not provided the required Act 91 Notice and believes and therefore avers that Plaintiff did not send it. Plaintiff having failed to comply with the laws of the Commonwealth of Pennsylvania, judgment should be entered in favor of the Defendant and against the Plaintiff. WHEREFORE, Defendant prays Your Honorable Court to enter judgment in favor of the Defendant and against the Plaintiff. A4~ Michael D. Blumenthal, Defendant 315 South Pitt Street Carlisle, PA 17013 -2- . . . ~ .. VERIFICATION Michael D. Blumenthal hereby verifies that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa, C.S. ~4904 relating to unsworn falsifications. AM~. Michael D. Blumenthal DATE: April r1, 2006 -3- e . '.. .. CERTIFICATE OF SERVICE AND NOW, this jl~ day of April, 2006, I, Michael D. Blumenthal, hereby certify that I have served a copy of the Answer with new Matter by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Kristine M. Anthou, Esquire GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 Counsel for Plaintiff v1AArJ"2---- Michael D. Blumenthal 315 South Pitt Street Carlisle, PA 17013 J . .. .. EXHIBIT "C" .. ., ,,"' It - LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES : SERIES 2005-AQ1, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1844 CIVIL vs. MICHAEL D. BLUMENTHAL, Defendant IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, P.1., AND HESS, J. ORDER AND NOW, this '1- day of August, 2006, following argument thereon, it appearing that there is a genuine issue of material fact concerning the sending of the so-called "Act 91 Notice," the motion ofthe plaintiff for summary judgment is DENIED. BY THE COURT, Mary D. Grenen, Esquire For the Plaintiff .4J Michael D. Blumenthal, Pro Se 315 South Pitt Street Carlisle, P A 17013 Defendant :rlm . .. ... 1. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Motion for TemporaryNoluntary Stay of Foreclosure Action was served upon the following this (Jfh day of ~ , 2006 via First Class, U.S. Mail, postage prepaid: Michael D. Blumenthal, pro se 315 South Pitt Street Carlisle, PA 17013 GRENEN & BIRSIC, P.C. BY: Mary D. enen, Esquire Pa. J.D. #5 98 Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, PA 15222 (412) 281-7650 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQl, Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. ) CIVIL DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO.: 06-1844 - TYPE OF PLEADING: Brief in Support of Motion for TemporaryN oluntary Stay of Foreclosure FILED ONBEHALF OF PLAINTIFF: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERSOFBEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQl, COUNSEL OF RECORD FOR THIS PARTY: Mary D. Grelien, Esquire Pa. J.D. #52698 GRENEN & BIRSIC, P.C. One Gateway Center, 9th Floor Pittsburgh, P A 15222 (412) 281-7650 .. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQI, CIVIL DIVISION NO.: 06-1844 Plaintiff, VS. MICHAEL D. BLUMENTHAL, Defendant. BRIEF IN SUPPORT OF MOTION FOR TEMPORARYNOLUNTARY STAY OF FORECLOSURE ACTION AND NOW, comes Plaintiff, LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, by and through its counsel, Grenen & Birsic, P.C., and files the within Brief in support of its Motion for TemporaryNoluntary Stay of Foreclosure Action and in support thereof states as follows: FACTS This case is an action in mortgage foreclosure filed on behalf of the Plaintiff, LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005- AQI, ("Plaintiff') against the Defendant, Michael D. Blumenthal ("Defendant"). In its Complaint, Plaintiff avers that the Defendant is in default under the terms of a Note and Mortgage executed on January 12, 2005 in the original principal amount of$125,800.00. .. Plaintiff also alleges in its Complaint that the Defendant was mailed a combined Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 (Act 91 Notice) and Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974,41 P.S. ~ 101 et. seq. (Act 6 Notice) on or about November 20,2004. Thereafter, Defendant filed an Answer and New Matter to Plaintiffs Complaint. Defendant's New Matter asserts as an affirmative defense that he was never mailed a combined Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice"), in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended and Notice ofIntention to Foreclose Mortgage in compliance with Act 6 of 1974,41 P.S. ~101, et seq. Thereafter Plaintiff filed a motion for summary judgment addressing the issue of the Act Notice and submitting proof of mailing of same. Plaintiff also requested in the alternative that should the court find that an issue of fact remained concerning the sending ofthe Act Notice, that the Court grant temporary stay ofthe action in order to allow the Plaintiff the opportunity to re- send the Act Notice without the having to re-start the foreclosure action based upon the case law affording such an alternative as cited in Plaintiffs Brief in support of its Motion. The Court ultimately denied the Plaintiffs motion finding only that, "...there is a genuine issue of material fact concerning the sending ofthe so-called "Act 91 Notice," the motion of the plaintiff for summary judgment is DENIED." However the Court did not rule of Plaintiff request for alternative relief, i.e. that the Plaintiffbe permitted to re-send and correct the Act 91 notice and giving the Defendant the 30 days under the Act to take action to obtain assistance or otherwise cure the default without liability for costs and attorneys fees. .. " ISSUE WHETHER PLAINTIFF SHOULD BE GRANTED A TEMPORARY STAY OF THE FORECLOSURE ACTION IN ORDER TO RE-SEND THE COMBINED ACT 6 AND ACT 91 NOTICE TO ALLOW THE DEFENDANT THIRTY (30) DAYS TO CURE THE DEFAULT WITHOUT LIABILITY FOR COSTS AND ATTORNEYS' FEES. DISCUSSION Pennsylvania Rules of Civil Procedure govern this case. Pa.RC.P. 126 reads: The rule shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable. The court at every stage of any such action or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties. The Defendant contends and Plaintiff agrees that it has technically failed to comply with the requirements of Act 6 and Act 91 in Notices attached to its Complaint. The alternatives presented to the Court are to dismiss the proceedings or order some other disposition which will effectuate ajust and speedy resolution of this case. See, Gettvsburg National Bank v. Trace, 13 Pa, D. & C. 3d 679 (1980) at page 683. In Gettysburg, the defendant filed preliminary objections to plaintiffs complaint in mortgage foreclosure asserting that the Act Notice provided did not conform with the requirements of Act 6 of 1974. The court agreed but determined that an efficient resolution of the matter was to stay the Plaintiffs right to proceed and postpone for a period of thirty (30) days this would allow the defendants the time and the right to cure the default by paying the total installments then due and owing as calculated under the mortgage without being liable for costs .. ,. or attorneys' fees. The court noted that the only other alternative would be to dismiss the action. See, Gettysburg National Bank v. Trace, supra. citing Piper v. Oakes, 10 D. & C. 3d 722, 20 Adams 203 (1979). A similar result was reached by the court in Union National Bank of Pittsburgh v. Thumm and Meyers, 01381 Pittsburgh (1983), 1985 Pa. Super. LEXIS 10194 (1985). In that case, the mortgagee commenced a mortgage foreclosure proceeding against the mortgagor for failure to make regular payments. The mortgagor filed preliminary objections which were dismissed and then the mortgagee filed a motion for summary judgment which was granted. The order granting summary judgment was appealed. The Superior Court vacated the summary judgment and gave the mortgagor an additional thirty (30) days to cure the default. The court held that the mortgagee's Act 6 Notice of Intent to commence mortgage foreclosure proceedings was defective. However, the Court determined that if the mortgagor was given an additional thirty (30) days to cure and did not do so, the mortgagee could proceed with foreclosure from the reentry of summary judgment. Again, a similar decision was reached in Ertel v. Scitzer, 31 Pa, D. & C. 3d 332 (1982). In that case, the mortgagees sent a notice of intention to foreclose to the mortgagors, however the court ruled that the mortgagees failed to comply with the strict requirements of Act 6 because the notice was technically defective. Again, the court stayed the foreclosure in order to grant the defendants an additional thirty (30) days to cure the default. So, too, in the instant case, Plaintiff respectfully requests that the Court grant it leave to 0 re-send the combined Act6/Act 91 Notice and a stay of (30) days there after to allow the defendant the time and the right to cure the default by paying the total installments then due and ... owing as calculated under the mortgage without being liable for costs or attorneys' fees without the need to re-start the foreclosure action. CONCLUSION Plaintiff respectfully requests that this Honorable Court grant its Motion for a Temporary Stay of the Foreclosure Action to re-send the Act 6/Act 91 Notice. Respectfully submitted, GRENEN & BIRSIC, P.c. BY: ~#~g ~ Mary D. nen, Esquire Pa, J.D. #5 98 Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Brief in Support of Motion for TemporaryNoluntary Stay of Foreclosure Action was served upon the following this ~ day of Se~. ,2006 via First Class, U.S. Mail, postage prepaid: Michael D. Blumenthal, pro se 315 South Pitt Street Carlisle, P A 17013 GRENEN & BIRSIC, P.c. BY: Mary D. G nen, Esq ire Pa, I.D. #5 8 Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, PA 15222 (412) 281-7650 .__:"l ~") :) .Tl --4 T I . ~l t;'~". "'"--:,.. :r-J ,.... ~ " RECEIVE1::>I ~ SEP 1 2 2006 BY: . ,. ~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQl, CIVIL DIVISION NO.: 06-1844 Plaintiff, VS. MICHAEL D. BLUMENTHAL, Defendant. ORDER OF COURT AND NOW, this 18" day of .s'ry~ , 2006, upon consideration of Plaintiffs Motion for a Temporary Stay of it's Foreclosure Action and any responses thereto, it is hereby ORDERED, ADJUDGED and DECREED that the foreclosure proceedings are temporarily stayed in order to allow Plaintiff time to resend the relevant combined Act 91/Act 6 Notice and thereafter give the Defendant the 30 days under the Act to take action to obtain assistance or otherwise cure the default without liability for costs and attorneys fees. ~~ ~~ f~'~~ BY THE COURT: / . /7iL J. T! 2,1:'7: (,. "qJ Ii! . . '- ~' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. -------------------------------------------------------------------------------------------------------------------- CAPITION OF CASE (entire caption must be stated in full) LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ 1 (Plaintiff) vs. Michael D. Blumenthal (Defendant) No.: 06-1844 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Renewed Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for Plaintiff: Address: Mary D. Grenen, Esquire GRENEN & BIRSIC, P.c. One Gateway Center, 9th Floor Pittsburgh, P A 15222 (b) for Defendant: Address: Michael D. Blumenthal 315 South Pitt Street Carlisle, P A 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 28. 2007 0 ~.~ Signature \V\CU~ D. C~~-e\\~ Print your name Dated: ~ 6)4 ,2007 Attorney for Plaintiff ,...." = = -....J <- ~~!:; d>~ o ." -l :ell rl1p -ri(Q 'r)........' ;1~f~ ~::2 (j <-in ;:~ :>> ~ 1",,) \.0 :Do ::~T; tv r-.) 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ1, Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. COUNSEL FOR DEFENDANT: Michael D. Blumenthal, pro se 315 South Pitt Street Carlisle, P A 17013 ) CIVIL DIVISION ) ) NO.: 06-1844 ) ) ) TYPE OF PLEADING: ) ) Renewed Motion for Summary ) Judgment in Mortgage Foreclosure ) ) ) FILED ON BEHALF OF PLAINTIFF: ) ) LASALLE BANK NATIONAL )) ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR ) STEARNS ASSET BACKED ) SECURITIES I LLC, ASSET BACKED ~ CERTIFICATES SERIES 2005-AQ1, ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Mary D. Grenen, Esquire ~ Pa. J.D. #52698 ) GRENEN & BIRSIC, P.C. ) One Gateway Center, 9th Floor )) Pittsburgh, PA 15222 ) (412) 281-7650 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQl, CNIL DIVISION NO.: 06-1844 Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. ORDER OF COURT AND NOW, this day of , 2007, upon consideration of the Renewed Motion for Summary Judgment filed on behalf of Plaintiff, LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ1, it is hereby ORDERED, ADJUDGED and DECREED that the Renewed Motion is granted and judgment in mortgage foreclosure is entered in favor of Plaintiff, and against Defendant, MICHAEL D. BLUMENTHAL, in the amount of $134,621.09 with interest thereon at the rate of $27.77 per diem from March 14, 2006 plus additional late charges, attorneys' fees and costs and for foreclosure and sale of the Mortgaged Premises commonly known as 315 S. Pitt Street, Carlisle, P A 17013. BY THE COURT: J. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CNIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR NO.: 06-1844 STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ1, Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. RENEWED MOTION FOR SUMMARY JUDGMENT AND NOW, comes Plaintiff, LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ1 (hereinafter "Plaintiff'), by its attorneys, Grenen & Birsic, P.C., and files the within Renewed Motion for Summary Judgment and in support thereof states as follows: 1. Plaintiff commenced the above-captioned action by filing a Complaint In Mortgage Foreclosure on April 4, 2006. 2. In its Complaint, Plaintiff alleges that Defendant, Michael D. Blumenthal (hereinafter "Defendant"), is in default under the terms of a Note dated January 12, 2005, in favor of Plaintiffs assignee in the original principal amount of$125,800.00 (hereinafter "Note") and a Mortgage securing said Note on real property and improvements thereon commonly known as 315 S. Pitt Street, Carlisle, PA 17013 (hereinafter "Premises"). , 3. An Answer was subsequently filed by the Defendant. In his Answer, the Defendant admits the following relevant material facts: a) Defendant executed the Note; b) Defendant executed the Mortgage, which was recorded in the Office of the Recorder of Deeds of Cumberland County; c) Defendant is the record and real owner of the Premises; d) Defendant is in default. 4. However, the Defendant denied and set forth as an affirmative defense that he was not mailed a combined Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice"), in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended and Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974,41 P.S. 9101, et seq. 5. Thereafter, the Plaintiff filed a Motion for Summary Judgment requesting judgment in mortgage foreclosure or, in the alternative, a temporary stay of the foreclosure action to allow the Plaintiff to resend the disputed Act 91/Act 6 Notice and give the Defendant an additional 30 days to cure the default. 6. The Court did not grant summary judgment, but did grant Plaintiff s request for a temporary stay to resend the disputed Act Notice. Attached hereto and marked as Exhibit "A" is a true and correct copy of the Order of Court dated September 18, 2006. 7. Attached hereto and marked as Exhibit "B" is a true and correct copy of said Notice subsequently mailed October 24, 2006 via certified mail with the proof of mailing of same. The Acts require proof of mailing only, not proof of receipt. The Acts specify that actual receipt is not required, rather it is only required that the Notices are sent to the last known 2 . address of the Defendant and the property address, if different.41 P.S. sec. 403(b) (Act 6) and 35 P.S. sec. 1680.402c (Act 91). 8. Plaintiff is now renewing its Motion for Summary Judgment as the 30 days granted to the Defendant pursuant to the stay and Notice has now expired and the Defendant has not cured the default. 9. Defendant also denied in his Answer that the amount set forth in the Complaint is accurate. However, attached hereto and marked as Exhibit "e" Plaintiff has filed a sworn Affidavit. In the Affidavit, an authorized representative of Plaintiff certifies that the Defendant is in default under the terms of the Note and Mortgage. The testimony is based on the Loan History Report, which is a business record of Plaintiff maintained in the regular course of business and certifies all amounts including interest and late charges and escrow amounts that were incurred. 10. According to the Loan History Report attached hereto, the amount due and owing by Defendant to Plaintiff is as follows: Principal Interest to 3/14/06 Late Charges to 3/14/06 Escrow Deficiency to 3/14/06 NSF Fees Suspense Balance Corporate Advances Attorney's fees Title Search, Foreclosure and Execution Costs TOTAL $ $ $ $ $ $ $ $ 125,122.38 4,583.87 391.37 0.00 0.00 -238.13 136.60 2,125.00 $ $ 2.500.00 134,621.09 for a total of $134,621.09 with interest thereon at the rate of $27.77 per diem from March 14, 2006, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs. 3 , 11. Additionally, the law in Pennsylvania holds that the entry of summary judgment is proper in a mortgage foreclosure action if the mortgagor admits that the mortgage is in default, that he has failed to pay interest on the obligation, and that the recorded mortgage is in the specified amount. This is so even if the mortgagor has not admitted the total indebtedness in the pleadings. Cunningham v. McWilliams, 714 A.2d 1054 (1998). All of the essential elements have been established. 12. The Defendant has failed to raise a genuine issue of material fact in his Answer and has failed to offer any evidence to support his alleged defenses, which are insufficient as a matter of law to defeat summary judgment. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant its Motion for Summary Judgment and enter judgment in its favor and against Defendant, Michael D. Blumenthal, in the amount of $134,621.09 with interest thereon at the rate of $27.77 per diem from March 14, 2006, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs, and for foreclosure and sale of the Mortgaged Premises. Respectfully submitted, GRENEN & BIRSIC, P.C. BY: ~ Mary D. nen, Esquire Pa. J.D. #5 098 Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, P A 15222 (412) 281-7650 4 .. EXHIBIT "A" To Renewed Motion for Summary Judgment '" -- . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQl, CIVIL DIVISION NO.: 06-1844 Plaintiff, VS. MICHAEL D. BLUMENTHAL, Defendant. ORD~ (\ AND NOW, this J ~th day of ~ ,2006, upon consideration of Plaintiffs Motion for a Temporary Stay of it's Foreclosure Action and any responses thereto, it is hereby ORDERED, ADJUDGED and DECREED that the foreclosure proceedings are temporarily stayed in order to allow Plaintifftime to resend the relevant combined Act 91/Act 6 Notice and thereafter give the Defendant the 30 days under the Act to take action to obtain assistance or otherwise cure the default without liability for costs and attorneys fees. " EXHIBIT "B" To Renewed Motion for Summary Judgment e -- . GRENEN &. BIRSIC, P.C. A'ITORNEYSATLAW ONE GATEWAY CENTER NINTH FLOOR PI'ITSBtnlGIi,PAI5222 (412) 281.7650 fax (412) 281.7657 Date: October 24, 2006 Michael D. Blumenthal 315 South Pitt Street Carlisle, P A 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort2:a2:e on your home is in default., and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pae:es. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE 'PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, 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. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written. verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. . e 11 The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to help to save your home. This Notice explains how the prouam works. Td see if HEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselin! A!encv. The name. address and phone number of Consumer Credit Counselin! Aeencies servin! your county are listed at the end of this Notice. If vou have anv Questions. vou may caD the Pennsvlvania Housin! Finance A!encv toll free at 1-800-342-2397. (Persons with imDaired hearin! can call (717)780-1869).. This Notice contains important le!al information. If vou have anv Questions. representatives at the Consumer Credit Counselin! A!encv mav be able to helD explaiD it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawver. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICATION OBTENG UNA TRADUCCION IMMEDIT AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Michael D. Blumenthal PROPERTY ADDRESS: 315 South Pitt Street Carlisle, P A 17013 MAILING ADDRESS: Same (If different from property address) LOAN ACCT. NO.: 0010192680 ORIGINAL LENDER: Argent Mortgage Company, LLC CURRENT LENDERlSERVICER: LaSalle Bank National Association, as Trustee et al. . e HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WIm mE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end ofthis notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telenhone numbers of desienated consumer credit counselin2 aeencies for the county in which the pronerty is located are set forth at tbe end of this Notice. It is only necessary to scbedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for tbe reasons set forth later in this Notice (see following pages for specific information about tbe nature of your default). If you have tried and are unable to resolve tbis problem with the lender, you have the right to apply for financial assistance from tbe Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only e e consumer credit counseling agencies have applications for the program and they will aslst you in submitting a complete application to the Pennsylvania Housing Finance Ageney. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YQU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIDS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. Your will be notified directly by the Pennsylvania Housing Finance Agency ofits decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you bave filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it UP to date). A. NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 315 South Pitt Street Carlisle, P A 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12 P&I Payments of $931.87 per installment, from November 1, 2005 to October 1, 2006 Accumulated Late Charges Corporate Advances 1/6/06 - Property Inspection $9.15 1/9/06 - Broker Price Opinion $100.00 2/28/06 - Property Inspection $9.15 5/5/06 - Property Inspection $9.15 6/5/06 - Property Inspection $8.15 $11,182.44 $391.37 $268.20 . e 6/19/06 - Property Inspection S8.15 7/26/06 - Broker Price Opinion $100.00 7/26/06 - Property Inspection $8.15 8/23/06 - Property Inspection $8.1S 9/20/06 - Property Inspection $8.15 Escrow Advance Suspense Balance Credited to Borrower's Account TOTAL AMOUNT PAST DUE 50.00 5(238.13) 511,603.88 B. YOU BA VE FAILED TO TAKE THE FOLLOWING ACTION:(N/A) HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 511,603.88, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: EMC Mortgage Corporation 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this Notice:(N/A) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this notice, the lender intends to exercise its riehts to accelerate the morteaee debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morte:aeed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 550.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If yOU cure the default within the THIRTY (30) DAY period. YOU will not be required to pav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for tbe unpaid principal balance and all other sums due under the mortgage. . e RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have Dot cured the default within the THIRTY (30) DAY period and foreclosure proceediDp have begun, YOU still have the rieht to cure the default and Drevent the sale at any time uo to one bour before the Sberiff's Sale. You mav do so by Dayine the total amount then Dast due. plus any late or otber cban!es then due. reasonable attorney's fees and costs connected with tbe foreclosure sale and any otber costs connected with the Sheriff's Sale as sDecifted in writine by the lender and by Derformin2 any other requirements under the morteaee. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you bad never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earUest date that such a Sheriff's Sale of tbe mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of tbe actual date of tbe Sheriff's Sale will be sent to you before tbe sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: EMC Mortgage Corporation Address: 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038 Phone Number: (888) 577-4011 Fax Number: (469) 759-4706 EFFECT OF SHERIFF'S SALE - You should realize tbat a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by tbe lender at any time. ASSUMPTION OF MORTGAGE - You _ mayor X may not sell or transfer your bome to a buyer or transferee wbo will assume tbe mortgage debt, provided that all tbe outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and tbat the other requirements of the mortgage are satisfied. . . YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSIDT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Acorn.Housing 14 S. 13th St. Harrisburg, P A 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E. High St. Gettysburg, P A 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Rd. Harrisburg, P A 17102 888.511.2227 .. . . Community Action Commission of Capital Region 1514 Derry St. Harrisburg, PAl 7104 717.232.9757 I:.oveship, Inc. 2320 North 5th St. Hamsburg, P A 17110 717.232.2207 Maranatha 43 Philadelphia Ave. Waynesboro, P A 17268 PHFA 211 North Front St. Harrisburg, P A 17110 717.780.3940 Very truly yours, G~LA-;J C(_IV<:::A( 1- Kristine M. Anthou, Esq. KMNjhb Certified Mail Return Receipt Requested and First Class Mail, Postage Prepaid THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .......~ . Grenen & Birsir. PC Jtti~ , -One Gateway Center 9th Floor Plnsburg~PA 1 ~??? " .' "., ..1...;,/' .' ~ ~~~ fj) I, I i ~v'" y ....c:., ".:i-LV0 . LJ) CERTF1CA~ OF MAUiG .... .~~..,' 1IIIIl-' ......... ... ~ ;~j/ t' ~ U.S. POSTAL RIMeE .y . ":1'Qlt DCI8nC NfO 1N1IIM\1IClfW....... DCa !lOT , f" . , $-, {.., : . '/ In 315 S6lL1fh R'Yt st. ~(idlsi(.PA n{)L~ PS Form 3811.,fInuIry 2m1 " U.S. Postal Servicem CERTIFIED MAILm RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) "" ru ", IT' ru n ru c ..0 Postage $ 10\0410\0 C Postmark .. Here ",; ter 9th Floor 222 . .. . OFF I g Certifi~ C RetumR~ (Endorsement Req"" C Restricted Delivei!JIM. b r- (Endorsement Reqlfrlll ur LI"l ru Total Postage & Fees $ LI"l C C r- SENDER: COMPLi:TE THIS SECTION C:OMPLf:TE: THIS ,.[CI,Ut. CW DI L/VU,y . Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired, .. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Sigg;r X / /l /1.;iT~ o Agent v v I v /' 0 Addressee B. Received by ( PrInted Name) I C. Date of Delivery D. Is delivery address different from Item 17 0 Yes If YES. enter delivery address below: 0 No rnlU1a-t1 l), 1>1 u~(\~haJ 31'S bOll'H1 R 1-t 6t. C(lrll~lt', f4 /10/3 3. Selvlce Type )Ja Certified Mall 0 Express Mall o Registered :fill Return Receipt for Merchandise o Insui'ed Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 2570 0001 6021 2932 > ..51-330B \Jti6 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "c" To Renewed Motion for Summary Judgment IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQl, Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. ) CIVIL DIVISION ) ) NO.: 06-1844 ) ) ) TYPE OF PLEADING ) ) AFFIDAVIT IN SUPPORT OF RENEWED ) MOTION FOR SUMMARY JUDGMENT ) (Mortgage Foreclosure) ) ) ) FILED ON BEHALF OF PLAINTIFF: ) ) LASALLE BANK NATIONAL ) ASSOCIATION, AS TRUSTEE FOR ) CERTIFICATE HOLDER OF BEAR ) STEARNS ASSET BACKED SECURITIES I ) LLC, ASSET BACKED CERTIFICATES ) SERIES 2005-AQl ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Mary D. Grenen, Esquire ) Pa, J.D. #52698 ) ) GRENEN & BIRSIC, P.C. ) One Gateway Center, 9th Floor ) Pittsburgh, PA 15222 ) (412) 281-7650 ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR NO.: 06-1844 STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ1, Plaintiff, vs. MICHAEL D, BLUMENTHAL, Defendant. AFFIDAVIT IN SUPPORT OF RENEWED MOTION FOR SUMMARY JUDGMENT The undersigned, a duly authorized Representative of EMC Mortgage Corporation, Attorney-in-Fact for Plaintiff, being first duly sworn, states of my own personal knowledge that: I. I am a duly authorized Representative of EMC Mortgage Corporation, Attorney- in-Fact for Plaintiff in the above-captioned matter. The following is based upon personal knowledge. 2. This action was brought to foreclose on a Mortgage which secures a Promissory Note. 3, The Defendant is in default under the terms of the Note and Mortgage for, among other reasons, failure to pay the monthly installments of principal and interest when due. 4. The Loan History Report with respect to the loan upon which Plaintiff requests judgment in mortgage foreclosure against the Defendant is a business record of Plaintiff, maintained in the regular course of business. The Loan History Report reflects all of the payments made on the account, along with the corresponding balances, and accurately reflects the amounts due and owing by Defendant. Attached hereto as Exhibit "1" is a true and correct copy of the Loan History Report. 5. After allowing Defendant all proper deductions, credits and set-offs, the following is an itemization of the amount due and owing by Defendant to Plaintiff: Principal $ 125,122.38 Interest to 3/14/06 $ 4,583.87 Late Charges to 3/14/06 $ 391.37 Escrow Deficiency to 3/14/06 $ 0.00 NSF Fees $ 0.00 Suspense Balance $ -238.13 Corporate Advances $ 136.60 Attorney's fees $ 2,125.00 Title Search, Foreclosure and Execution Costs $ 2.500.00 TOTAL $ 134,621.09 for a total of $134,621.09 plus interest at the daily rate of $27.77 from March 14, 2006, plus additional late charges, attorneys' fees and costs. EMC MORTGAGE CORPORATION, as Attorney-in-Fact By: ~<k*-,- Name: Rasha1 eterson Title: Assistant Secreta~ SWORN TO AND SUBSCRIBED BEFORE ME THIS n DAY OF Ju'\ ,2007 ~B~~: 8atherine Josephine Hagstr .. . J /. . /,-,.-/" ~ NOTARY PUBLIC - MINNESOTA My CommIssIon ExpIres: //...?//O~ MY COMMISSION ..' EXPIRES JAN. 31, 2008 EXHIBIT "1" ~ LN 0010192680 NAMEMD BLUMENTH BRRS MAN F P-TVPE HUD .00 NET REP .00 RES APP DUE TVPE/TRAN AMOUNT PRIN-PD PRIN-BAL INT....PD ESC....PD ESC-BAL A&H-INS LIFE-INS LC/FEES MISC-PD AD V.;,.. BAL SUSP SC/PAVEE PAGE 001 OF 011 MORTGAGE LOAN HISTORV 01-16-07 INV.;,..LN AI1-001-0010192680 DUE 11-01-05 TYPE 13 INT .0810000 FIRST PB 125,122.38 2ND PB .00 931.87 SF .00500000 SUSP 238.13 STOP D B P F N A D L .00 F 0 0 3 4 0 12-20 11-21 10~la 10-10 00-00 00.;,..00 00-00 00-00 6 30 6 31 6 31 6 31 .00 .00 ~00 .00 ~00 .00 .00 .00 125.122.38 125,122!38 125,122.38 125,122.38 .00 .00 .00 .00 ~00 .00 .00 .00 ;00 .00 .00 .00 . 00 . 00 . 00 . 00 .00 .00 .00 .00 ;00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ;00 .00 ;00 .00 .00 .00 D-94544 D-94544 1 08468 12-20 00....00 6 31 .00 .00 125,122.38 .00 .00 .00 .00 .00 .00 .00 .00 .00 D....94544 99795 TOTAL TRANS AVAILABLE 0055 OLDEST TRAN 05-10-05 t.,P P309 LN 0010192680 NAME MD BLUMENTH BR RS MAN F p-TYPE HUD .00 NET REP .00 RES APP DUE TYPE/TRAN AMOUNT PRIN-PD PRIN-BAL INT-PD ESC-PD ESC-BAL A&H-INS LI FE- I NS LC/FEES MISC-PD ADV-BAL SUSP SC/PAYEE MORTGAGE LOAN HISTORY 01~16~07 INV~LN Al1.....001-0010192680 DUE 11-01-05 TYPE 13 INT .0810000 FIRST PB 125,122.38 2ND PB .00 931.87 SF .00500000 SUSP 238.13 STOP D B P F N A D L .00 F 0 0 3 4 0 1 09-20 08~23 07-26 07-26 00-00 00-00 00-00 00-00 6 31 6 31 6 31 6 31 .00 .00 .00 .00 .00 .00 .00 .00 125,122.38 125,122.38 125,122.38 125.122.38 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 . 00 . 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 D-94544 D-94544 102979 D-94544 09-20 00-00 6 31 .00 .00 1 25 , 1 22 .38 .00 .00 .00 .00 .00 .00 .00 .00 .00 107423 PAGE 002 OF 011 TOTAL TRANS AVAILABLE 0055 OLDEST TRAN 05-10.....05t,P P309 LN 0010192680 NAME MD BLUMENTH BRRS MAN F P-TYPE 1 HUD .00 NET REP .00 RES APP DUE TYPE/TRAM AMOUNT PRIN-PO PRIN-BAL INT-'-PD Ese-po ESC-BAL A&H-INS LIFE-INS LC/FEES MISC-PO ADV-BAL SUSP SC/PAVEE MORTGAGE b.Qtlli HISTORV 01-16-07 INV.....LN A11-001-0010192680 DUE 11-01-05 TYPE 13 INT .0810000 FIRST PB 1251122.38 2ND PB .00 931.87 SF .00500000 SUSP 238.13 STOP D B P F N A 0 L .00 F 0 0 3 1 4 0 06-05 05--05 05-04 05-04 00-00 OO~OO 00-00 00-00 6 31 6 31 6 32 6 32 .00 .00 .00 .00 . 00 . 00 . 00 . 00 125,122.38 125,122.38 125,122.38 125,122.38 . 00 . 00 . 00 . 00 .00 .00 .00 .00 . 00 . 00 .00 . 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 D-94544 D...94544 99795 99795 PAGE 003 OF 011 06-19 00-00 6 31 .00 .00 1 25 i 1 22 .38 .00 .00 .00 .00 .00 .00 .00 .00 .00 0-94544 TOTAL TRANS AVAILABLE 0055 OLDEST TRAN 05-10-05 c.P P309 LN 0010192680 NAME MD BLUMENTH BR RS MAN F P~TYPE HUD .00 NET REP .00 RES APP DUE TYPE/TRAN AMOUNT PRIN-PD PRIN-BAL INT-PD ESC-PD ESC-BAL A&H-INS LI FE- INS LC/FEES MISC-PD ADV-BAL SUSP SC/PAYEE PAGE 004 OF 011 MORTGAGE LOAN HISTORY 01-16-07 INV-LN Al1....001-0010192680 DUE 11....01....05 TYPE 13 INT .0810000 FIRST PB 125,122.38 2ND PB .00 931.87 SF .00500000 SUSP 238.13 STOP 0 B P F N A 0 L .00 F 0 0 3 1 4 0 1 05-04 02-28 02....16 01-17 00-00 00....00 11-05 11-05 6 30 6 31 52 52 ;00 .00 .00 .00 ;00 .00 .00 .00 125. 122.38 125 I 122.38 125, 122.38 125. 122.38 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 . 00 . 00 .00 . 00 .00 .00 .00 .00 .00 .00 55.91- 55.91- .00 .00 .00 .00 ;00 .00 .00 .00 .00 .00 .00 .00 0-94544 05-04 00-00 6 32 .00 .00 1 25 . 1 22 . 38 .00 .00 .00 .00 .00 .00 .00 .00 .00 99795 99795 TOTAL TRANS AVAILABLE 0055 OLDEST TRAN 05-10-05 (.P P309 LN 0010192680 NAME MD BLUMENTH BRRS MAN F P-TYPE HUD .00 NET REP .00 RES APP DUE TYPE/TRAN AMOUNT PRIN....PD PRIN-BAL INT-"PD ESC-"PD ESC-BAL A&H-INS LIFE-INS LC/FEES MISC-PD ADV.;..BAL SUSP SC/PAYEE 01....11 11.;..05 1 73 .00 .00 125.122.38 .00 .00 .00 .00 .00 .00 .00 .00 .00 PAGE 005 OF 011 MORTGAGE LOAN HISTORY 01-16-07 INV-LN Al1....001-0010192680 DUE 11-01-05 TYPE 13 INT .~810000 FIRST PB 125.122.38 2ND PB .00 931.87 SF .00500000 SUSP 238.13 STOP D B P F N A D L .00 F 0 0 3 4 0 01-11 01....10 01-10 01-09 10....05 10.;..05 10-05 00-00 73 73 72 6 31 ; 00 9.95 1 1 1 70 .00 .00 86.71 .00 .00 .00 1 25 1 1 22 .38 1 25 1209..09 1 25 1209 ; 09 1 25 .209 .09 845 . 1 6 .00 .00 .00 .00 .00 .00 .00 .00 .~0 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ; 00 G 9 . 95 . 00 . 00 .00 .00 .00 .00 ;00 .00 .00 .00 931.87- .00 1,170.00 .00 ~ 100987 ~ TOTAL TRANS AVAILABLE 0055 OLDEST TRAN 05-10-05 ,"P P309 LN 001 01 92680 MORTGAGE LOAN HI STORY 01 -1E>....07 NAME MD BLUMENTH INV-LN Al1....001-0010192680 DUE 11-01....05 TVPE 13 BR RS MAN F P-TVPE lINT .0810000 FIRST PB 125,122.38 2ND PB .00 HUD '.00 NET 931 .87 SF .00500000 SUSP 238 . 1 3 STOP D B P F N A D L REP .00 RES .00 F 0 0 3 4 0 1 APP 01-06 12....16 11-17 11....17 11-16 DUE 00-00 1 0-05 1 0....05 09-05 09--05 TVPE/TRAN 6 31 52 73 73 1 73 AMOUNT .00 .00 .00 .00 9.95 PRIN-PD .00 .00 .00 86.13 .00 PRIN-BAL 125,209.09 125,209.09 125,209~09 125,209.09 125.295.22 INT-PD .00 ;00 .00 845.74 .00 ESC";'PD .00 .00 .00 ;00 .00 ESC-BAL .00 .00 .00 .00 .00 A&H-INS .00 .00 .00 .00 .00 LIFE-INS .00 .00 .00 ;00 .00 LC/FEES .00 55 .91 - .00 .00 G 9.95 MISC-PD .00 ;00 .00 ;00 .G0 ADV-BAL .00 .00 .00 .00 .00 SUSP .00 ;00 .00 931 .87- .00 SC/PAVEE D--94544 ~ PAGE 006 OF 011 TOTAL TRANS AVAILABLE 0055 OLDEST TRAN 05-10....05 iP P309 LN 0010192680 NAME MD BLUMENTH BR RS MAN F P-TVPE HUD .00 NET REP .00 RES APP DUE TVPE/TRAN AMOUNT PRIN-PD PRIN-BAL INT-PD ESC-PD ESC-BAL A&H-INS LIFE-INS LC/FEES MISC-PD ADV-BAL SUSP SC/PAVEE .! PAGE 007 OF 011 11-16 09--05 1 72 931.87 .00 125,295.22 ~00 .00 .00 .00 .00 .00 .00 .00 931.87 MORTGAGE !.Jlf:lli. HISTORY 01-16-07 INV.....LN Al1.....001....0010192680 DUE 11-01.....05 TYPE 13 I NT .0810000 FIRST PB 1 25 , 122 .38 2ND PB .00 931.87 SF .00500000 SUSP 238.13 STOP D B P F N A D L .00 F 0 0 34 0 1 11-14 10-20 10-17 10-05 00-00 00.....00 09.....05 09-05 6 33 6 31 52 73 .00 .00 .00 .00 .00 .00 .00 .00 125,295.22 125,295.22 125,295.22 125,295.22 . 00 . 00 . 00 . 00 .00 .00 .00 .00 .00 .00 .00 .00 . 00 . 00 . 00 . 00 .00 .00 .00 .00 .00 .00 55.91- .00 .00 .00 .00 .00 .00 .00 .00 .00 . 00 . 00 . 00 . 00 D-97526 D--94544 TOTAL TRANS AVAILABLE 0055 OLDEST TRAN 05-10.....05 ~P P309 LN 001 01 92680 MORTGAGE LOAN H I STORY 01-16-07 I ~ NAME MD BLUMENTH I NV--LN All .....001 -00101 92680 DUE 1 1 -01.....05 TYPE 13 l BR RS MAN F P- TYPE 1 I NT .081 0000 FIRST PB 1 25 , 1 22 .38 2ND PB .00 I f HUD .00 NET 931 .87 SF .00500000 SUSP 238.13 STOP D B P F N A 0 LI I REP .00 RES .00 F 0 0 3 4 . ~ i .~ 09-28 09.....1 9 ~ . ... . I 00-00 00~00 i 6 31 7 45 .00 3.50 .00 .00 APP 10-05 10-04 DUE 08-05 08-05 TYPE/TRAN 73 73 AMOUNT .00 9.95 PRIN-PD 85..55 .00 PRIN-BAL 125,295.22 125,380.77 INT--PD 846.32 .00 ESC-PO .00 ;00 ESC-BAL .00 .00 A&H-INS .00 ;00 LI FE- I NS .00 .00 LC/FEES .00 G 9.95 MISC-PD .00 .00 ADV-BAL .00 ;00 SUSP 931 .87- .00 SC/PAYEE ~ .~ 10--04 08.....05 72 931.87 .00 125,380.77 .00 .00 .00 .00 .00 .00 .00 .00 931.87 PAGE 008 OF 011 TOTAL TRANS AVAILABLE 0055 OLDEST TRAN 05-10.....05 ~P 125,380.77 .00 .00 .00 .00 ;00 ;00 .00 .00 .00 125,380.77 t; .~ .00 I .00 I ! .00 i ~ .00 w i .00 l , [ 00 J . ~ .00 i .00 .00 D-94544 ~ LN 0010192680 NAMEMD BLUMENTH BR.RS MAN F P-TYPE HUD .00 NET REP .00 RES APP DUE TYPE/TRAN AMOUNT PRIN-PO PRIN~BAL INT-PO ESe-poO Ese-SAL A&H-INS LIFE-INS Le/FEES MIse-po AOV-BAL SUSP. se/PAYEE MORTGAGE LOAN HISTORY 01-16-07 INV--LN AII-001-0010192680 DUE 11-01--05 TYPE 13 INT .0810000 FIRST PB 125,122.38 2ND PB .00 931.87 SF .00500000 SUSP 238.13 STOP 0 B P F N A 0 L .00 F 0 0 3 4 0 1 08--31 08--16 07-26 07-18 07-05 07--05 00-00 07-05 73 52 6 31 52 941 .82 .00 .00 .00 84.98 .00 .00 .00 125;380.77 125,465.75 125,465.75 125,465.75 846.89 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 . 00 . 00 . 00 .00 .00 .00 .00 9.95 55.91- .00 55.91- .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 PAGE 009 OF 011 09--16 08....05 1 52 .00 ~oo 125,380.77 .00 .00 .00 .00 .00 55.91-- G .00 .00 .00 $ 107423 TOTAL TRANS AVAILABLE 0055 OLDEST TRAN 05-10-05 ~P P3Q9 LN QQ1Q19268Q NAME MD BLUMENTH BR RS MAN F P-TVPE HUD .QQ NET REP . QQ RES APP DUE TYPE/TRAN AMOUNT PRIN-PD PRIN-BAL INT-PD ESC--PD ESC-BAL A&H-INS LI FE- I NS LC/FEES MIse-PD ADV-BAL SUSP SC/PAVEE PAGE Q1Q OF €Ill MORTGAGE LOAN HISTORV INV'-LN All-QQ1-QQ1QI9268Q DUE 11'-Ql'-Q5 I NT . Q81QQQQ FIRST PB 1 25 I 122 .38 2ND PB 931.87 SF .QQ5QQQQQ SUSP 238.13 STOP D B .QQ F €I Q7-Q8 Q7'-Q7 Q7'-Q7 Q6~Q5 Q6'-Q5 Q6'-Q5 1 73 73 72 .QQ 9.95 931.87 84.41 .QQ .QQ 125,465.75 125,55Q.16 125,55Q.16 847.46 .Q0 .QQ .QQ .QQ .QQ .QQ .QQ .QQ .QQ .QQ .SQ .QQ .QQ .QQ .QQ G 9.95 .QQ .QQ .QQ .QQ .QQ .QQ .QQ 931 .87- .QQ 931.87 Q7-Q8 Q7-Q5 73 .QQ .QQ 125,465.75 .QQ .QQ .QQ .QQ .Q0 .QQ .QQ .QQ .QQ ~ ~ TOTAL TRANS AVAILABLE QQ55 OLDEST TRAN Q5'-IQ~Q5,-P TVP: I ~ :a-GZ I ~ .QQ I i PFNADL i .~ €I 3 1 4Q. 1 I Q6...Q3 i ~ Q6-Q5 I 1 73 I .QQ f .QQ i R 1 25 .55Q . 1 6 I .QQ .Q0 .Q0 .QQ .Q0 .QQ .QQ .QQ ~0Q ~ LN 0010192680 NAME MD BLUMENTH BR RS MAN F P-TVPE HUO .00 NET REP .00 RES APP DUE TVPE/TRAN AMOlJNT PRIN-PO PRIN-BAL INT"'PO ESC-PD ESC-BAL A&H....INS LIFE-INS LC/FEES MIse-po AOV-BAL SUSP SC/PAVEE ~ MORTGAGE LOAN HI STORY 01 -1 6-07 INV-LN All....001-0010192680 DUE 11-01-05 TVPE 13 INT .0810000 FIRST PB 125,122.38 2ND PB .00 931.87 SF .00500000 SUSP 238.13 STOP 0 B P F N A D L .00 F 0 0 3 4 0 06-02 06-02 05-11 05-10 05--05 05--05 00-00 05-05 73 72 7 45 42 9.95 931.87 15.00-- .00 .00 .00 .00 125.634.00.... 125.634.00 125,634.00 125,634.00 125.634.00 .00 .00 .00 .00 , .00 . 00 . 00 . 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 9.95 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 931.87 .00 .00 06-03 05-05 1 73 .00 83~84 1 25 ,550. 1 6 848~03 .00 .00 .00 .00 .00 .00 .00 931 .87-- G ~ PAGE 011 OF 011 **PRESS PF10 FOR. 37 MONTHS** OLDEST TRAN 05-10-05 f-P CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Renewed Motion for Summary Judgment was served upon the following this ;:; Lf l:t\ day of ~ First Class, U.S. Mail, postage prepaid: ,2007, via Michael D. Blumenthal, pro se 315 South Pitt Street Carlisle, P A 17013 GRENEN & BIRSIC, P .C. BY: .-' MaryD. Gr Pa. J.D. #526 Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, PA 15222 (412) 281-7650 c ~-_. (~.,- o -n --I ff;~ ;"'? \..;:.,.i f",) f.,) ",7.. C:J ~1 ':.D .....<. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR NO. 06-1844 CIVIL TERM STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, Plaintiff vs. MICHAEL D. BLUMENTHAL, Defendant CIVIL ACTION IN MORTGAGE FORECLOSURE DEFENDANT'S RESPONSE TO RENEWED MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Defendant, Michael D. Blumenthal, and files the within Response to Plaintiff's Renewed Motion for Summary Judgment and in support thereof states as follows: 1. Denied. On the contrary, Plaintiff's Complaint was filed on March 29, 2006. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6 . Admitted. 7. Admitted. 8. No answer is required. 9. Admitted with a clarification. Defendant does not dispute the accuracy of the Loan History Report. However, as set forth in Defendant's New Matter, he has been approved for a Homeowner's Emergency Mortgage Assistance Loan. Therefore, the Pennsylvania Housing Finance Agency will determine the proper amount to pay the Plaintiff to reinstate Defendant's Mortgage. 10. Admitted with a clarification. The averments of Defendant's Answer to Paragraph 9 of Plaintiff's Renewed Motion are incorporated herein by reference thereto. 11. Denied. On the contrary, the Defendant's Homeowner's Emergency Mortgage Assistance Loan Application has been approved. Therefore, the Plaintiff is required to desist from all further proceedings on this mortgage foreclosure action to allow Defendant's mortgage to be brought current by the Pennsylvania Housing Finance Agency. 12. Denied. On the contrary, the averments of Defendant's Answer to Paragraph 11 of Plaintiff's Renewed Motion are incorporated herein by reference thereto. NEW MATTER. 13. Plaintiff's Application for a Homeowner's Emergency Mortgage Assistance Loan has been approved. Attached hereto, made a part hereof, and marked Exhibit nAn is a copy of the Approval letter received, dated February 13, 2007. As stated in this letter, the Pennsylvania Housing Finance Agency will coordinate directly with the Plaintiff in order to bring -2- Defendant's mortgage current as of March 31, 2007. WHEREFORE, Defendant respectfully prays Your Honorable Court to deny Plaintiff's Renewed Motion for Summary Judgment. Respectfully submitted, M~ Blumenthal, 315 South Pitt Street Carlisle, PA 17013 717-258-0307 Defendant VERIFICATION Michael D. Blumenthal hereby verifies that the facts set forth in the foregoing Defendant's Response to Renewed Motion for Summary Judgment are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa, C.S. ~4904 relating to unsworn falsifications. ~ Mlchael . Blumenthal DATE: February~, 2007 -3- · Pennsylvania Housing Finance Agency Homeowners' Emergency Mort2a2e Assistance Loan Pro2ram Payments: 211 North Front Street, P.o. Box 15206 Harrisburg, PA 17105-5206 Correspondence: 211 North Front Street, P.o. Box 15530 Harrisburg, PA 17105-5530 (717) 780-3940 1-800-342-2397 FAX(71?) 780-3995 TTY (717) 780-1869 2/13/2007 MICHAEL D BLUMENTHAL 315 S PITT ST CARLISLE, PA. 17013 RE: LOAN APPROVAL - NON-CONTINUING HEMAP Account Number; HE0001519537 Dear Homeowner: Your loan application for a Homeowners' Emergency Mortgage Assistance Loan has been APPROVED.. You have been determined to be eligible for a non-continuing loan which means we will pay the amount needed to bring your mortgage(s) current as indicated below. The following mortgagee(s) will be included in the loan and have also been notified of your loan approval. 1. EMC MORTGAGE 909 HIDDEN RIDGE DR SUITE 200 IRVING, TX. 75038 THE TERMS AND CONDITIONS OF YOUR LOAN APPROVAL ARE AS FOLLOWS. PLEASE READ CAREFULLY. FAILURE TO MEET THESE TERMS AND CONDITIONS MAY RESULT IN THE RESCISSION OF YOUR LOAN APPROVAL, WHICH WOULD ALLOW YOUR LENDER TO PROCEED WITH FORECLOSURE ACTION. LOAN PERIOD: We will reinstate your mortgage{s) through 03/31/2007. Therefore you will be responsible for your full mortgage payments and late charges effective 04101/2007. You must save these payments and late charges each month as they come due because you will need them at closing. It is best to NOT send payments directly to your lender until after your loan closes and after your lender receives our funds. Failure to have these payments could result in rescission of your loan approval. SAVINGS FROM YOU: In addition, you will be required to contribute $.00 at loan closing toward the total mortgage delinquency. This amount is called your "base contribution". MAKING PAYMENTS: Please note that making any payments directly to your lender, from now up until your loan closing, will cause the reinstatement figures to change and may delay your loan closing. Please contact us if your lender calls you for payments. REAL ESTATE TAXES: If not escrowed by your lender, we will also make the appropriate payments to your taxing bodies for unpaid real estate taxes, unless indicated otherwise. Submit copies of all unpaid bills immediately. RECERTIFICATION: Your recertification (a review of your financial circumstances) will be due in this office no later than 3/31/2008. You must comply with the recertification request upon receipt. ' REPAYMENT: You are required to begin repayment of this loan at $25.00 per month following loan closing. E'XH(811 A HEMAP Account Number: HE0001519537 IMPORTANT INFORMATION ABOUT YOUR NON-CONTINUING LOAN APPROVAL REINSTATEMENT: We will pay your lender(s} according to the information provided by them on a Reinstatement Agreement that was sent to them for completion. The amount to be paid will include, but is not limited to, delinquent principal, interest, late charges, escrow/escrow shortage, and reasonable legal fees and costs. NON-CONTINUING LOAN: We will reinstate your mortgage(s} only through the month indicated on page 1. Therefore you will be required to resume and maintain full mortgage payments effective with the following month's payment. You must save these payments each month as they come due because you will need them at closing. Failure to do so could result in the rescission of your loan approval. REPAYMENT: You will be required to begin immediate repayment of your mortgage assistance loan following your loan closing in the amount indicated on the previous page. You will be notified at closing of the start date. This amount is based on your income or if your income does not require repayment, it is based on the mandatory minimum of $25 per month for each mortgage we assist. RECERTIFICATION: Recertification is a review of your income and financial status in order to determine if a change is necessary in the required repayment of your loan. You will be required to comply with recertification requests at least annually for the life of your assistance loan. Upon receipt of your recertification information, we will review your account and notify you of the decision by mail. Failure to recertify could result in the ballooning of your loan which means the balance would be due in full. RE-EV AL UA TION : You are required to notify us of any changes in the household income and/or any material change in your financial situation. This notification must be in writing and must include verification of all changes. We will review your account and notify you of the decision by mail. LOAN: All funds disbursed on your behalf will be in the form of a loan and must be repaid. INTEREST: Interest shall accrue on all mortgage assistance loan disbursements made by the Agency at the rate of nine (9) percent per annum. MORTGAGE LIEN/NOTE: This loan shall be secured by a mortgage lien on your residence and by such other obligations as the Agency may require, including a Note. LOAN CLOSING: A loan closing will be held for the purpose of explaining the loan and all loan documents to you, to obtain your signature(s) on those documents, and to collect any funds that may be due from you. All funds for closing must be in the form of a certified check, cashier's check or money order made payable to PHFAlHEMAP. A closing date cannot be scheduled until your lender(s) provide us with reinstatement figures and the processing of your loan is completed. As a result, you will be notified at a later date as to when the closing will be held. Failure to comply with our attempts to close this loan may result in rescission of your loan approval. CLOSING FEE: A closing fee of $300 is charged to all loan recipients and will be incorporated into the loan. CONTACT INFORMATION: You must advise us of any changes in your phone number(s), address, or email address. HEMAP ACCOUNT NUMBER: Please provide your HEMAP Account Number on all correspondence and payments. WITHDRAWAL/CANCELLATION: You may withdraw your loan application or cancel the loan approval at any time prior to the disbursement of funds. Please notify us in writing immediately if you no longer wish to proceed with the loan. AGAIN, FAILURE TO MEET THE TERMS AND CONDITIONS OF THIS LOAN APPROVAL MAY RESULT IN RESCISSION, WHICH WOULD ALLOW YOUR LENDER TO PROCEED WITH FORECLOSURE ACTION. A ./ l.--- (') c -<.: 23~2' \..0 .&::- U'l 1'0..,) C:;) = --.J .." f;J N W ~ ~ n'i:D r- -c i<l ~Ij C'J r-.., r =l~ ~rl ~:jo '.;-m o ~i;! S:; -< ~ :Jt' ... ---..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR NO. 06-1844 CIVIL TERM STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 200S-AQ1, Plaintiff vs. MICHAEL D. BLUMENTHAL, Defendant CIVIL ACTION IN MORTGAGE FORECLOSURE DEFENDANT'S AFFIDAVIT IN OPPOSITION TO RENEWED MOTION FOR SUMMARY JUDGMENT I, the undersigned, Michael D. Blumenthal, first being duly sworn, do state of my own personal knowledge that although I am currently in default of my mortgage as aforesaid I have been approved by the Pennsylvania Housing Finance Agency for a loan reinstatement by payment of all past due sums through March 31, 2007. A true and correct copy of this approval is attached to my Answer to the Renewed Motion for Summary Judgment. Under the circumstances, Plaintiff is required to desist from further efforts to pursue the mortgage foreclosure action to . '-" allow the default to be cured. Sworn and subscribed before me, .~ this ~~~ day of February, 2007. ~~x~~ NOTARIAL SEAL BONNIE L COYLE. NOTARY PUBUC BORO OF CARUSLE, CUMBERlAND CO. PA MY COMMISSION EXPIRES OCTOBER 17. 2010 MArd7 Michael D. Blumenthal, Defendant 315 South Pitt Street Carlisle, PA 17013 717-258-0307 o c S. \J 1,J.~ Q;q ;~:: (- ~:'_: ~'~~: -;;:- "":i ~ f'<oo:J c:::> :5 ""'1"\ ~ N CoW ~ -"" ~ ~.:t1 :B~ C)Cl -~~~ 7:;>-- ~-?~ 9 ~ oJ:> .. .s;:- O" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR NO. 06-1844 CIVIL TERM STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, Plaintiff vs. MICHAEL D. BLUMENTHAL, Defendant CIVIL ACTION IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE AND NOW, this L3 day of February, 2007, I, Michael D. Blumenthal, hereby certify that I have served a copy of Defendant's Response to Renewed Motion for Summary Judgment, Defendant's Affidavit of Opposition to Renewed Motion for Summary Judgment, and Defendant's Brief in Opposition to Renewed Motion for Summary Judgment by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Mary D. Grenen, Esquire GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 Counsel for Plaintiff M~ Blumenthal 315 South Pitt Street Carlisle, PA 17013 o c ""- ;r~ F< "7':' (7) -<' I~ ~~ ~ ....., = = --.I .." f'T1 CO N W o ." :r nl :Il -om -0 C? 66 .:2.- ,.;~:d 70 Om ~ ~ :;p.. :x V? .c:.- O> .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ1, Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. COUNSEL FOR DEFENDANT: Michael D. Blumenthal, Pro Se 315 South Pitt Street Carlisle, PA 17013 ) CIVIL DIVISION ) ) NO.: 06-1844 ) ) ) > ) TYPE OF PLEADING: ) ) Praecipe to Withdraw Plaintiff's Motion ) for Summary ) ) ) )- FILED ON BEHALF OF PLAINTIFF: ) ) LaSalle Bank National Association, As ) Trustee For Certificate Holder Of Bear ) Stearns Asset Backed Securities I LLC, ) Asset Backed Certificates Series 2005-AQl ) ) ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Mary D. Grenen, Esquire ) Pa. J.D. #52698 ) ) GRENEN & BIRSIC, P.C. ) One Gateway Center, 9th Floor ) Pittsburgh, PA 15222 ) (412) 281-7650 ) . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CNIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR NO.: 06-1844 STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ1, Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. PRAECIPE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE TO: Prothonotary Kindly withdraw the Motion for Summary Judgment that was filed on or about January 29,2007 without prejudice due to Defendant being approved for PHFA assistance. Respectfully submitted, GRENEN & BIRSIC, P.C. BY: ~ r}~. Mary D~nen, Esquire Pa. J.D. #52698 Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, P A 15222 (412) 281-7650 .. CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of Plaintiffs within Praecipe to Withdraw Motion for Summary Judgment Without Prejudice was served upon the following this ~ day Of0l~ ,2007 via First Class, U.S. Mail, postage prepaid: Michael D. Blumenthal, Pro Se 315 South Pitt Street Carlisle, P A 17013 GRENEN & BIRSIC, P.C. Mary D. G en, Esquire Pa. J.D. #526 Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, PA 15222 (412) 281-7650 BY: o ~ ~ c;:;;r ......J - ');: -;:;0 \ CJ""> ~ ..--\ -x: -r'I rn~ -0'0 7~~ (~\ ;~~ <_.oWl, ;:: ~ -- "''-. ::::'- "9 c-" J,.- ~~ T~~ ~~Q~~!~?O~~~iY 2DiD QCT ! 5 A~911 ~ 3 ! CUt~~Ef2L~t~~~~~Dt~~C~U~T~`. IN THE COURT OF COMMON PLEAS Ol'~~Fy'.1Z1'~ COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ1, Plaintiff, vs. CIVIL DIVISION NO.: 06-1844 TYPE OF PLEADING: Praecipe to Settle and Discontinue without Prejudice MICHAEL D. BLUMENTHAL, Defendant. ) FILED ON BEHALF OF PLAINTIFF: LaSalle Bank National Association, As Trustee For Certificate Holder Of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates Series 2005-AQ1 COUNSEL OF RECORD FOR THIS PARTY: Mary D. Grenen, Esquire Pa. I.D. #52698 GRENEN & BIRSIC, P.C. One Gateway Center, 9`h Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CNIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDER OF BEAR NO.: 06-1844 STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES SERIES 2005-AQ1, Plaintiff, vs. MICHAEL D. BLUMENTHAL, Defendant. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY SIR: Kindly settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. BY: Mary D. Gr en, Esquire Attorney fo laintiff Sworn to and subscribed before me this~~ of ~ , 2010. Notary Public COMMONWE,4LTH QF WEi,~tu''ie~~t .f'.ii±=~ Notarial Sea9 ~ ___~.....~.~~ Joanne M. Wehner, Not~sy ;~!..b3i~ k City of Pittsburgh, Rfl~n~7,y r:~ ur~«r f My ~ornmission ~pnsse;~ ,~ast~ '; r , Member, Penr~sylv~e;fa r~;s~c: i CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe to Settle and Discontinue without Prejudice was served upon the following via First Class, U.S. Mail, postage prepaid this ~ ~ ~ day of October , 2010: Michael D. Blumenthal, Pro Se 315 South Pitt Street Carlisle, PA 17013 GRENEN & BIRSIC, P.C. BY: Mary D. Gre n, Esquire Pa. I.D. #52698 Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, PA 15222 (412) 281-7650