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HomeMy WebLinkAbout06-3031SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., ATTORNEY I.D. NO. 86727 JOSEPH REJENT, ESQ., ATTORNEY I.D. NO. 59621 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 MEGAN D.H. SMITH, ESQ., ATTORNEY I.D. NO. 84047 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 12650 Ingenuity Drive Orlando, FL 32826 PLAINTIFF ; vs. Donna M. Comp ; 1021 Teakwood Lane Enola, PA 17025 ; Marlin L. Comp 1021 Teakwood Lane Enola, PA 17025 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: ?,cp - ao2 I Got-L COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DHRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., ATTORNEY I.D. NO. 86727 JOSEPH REJENT, ESQ., ATTORNEY I.D. NO. 59621 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 MEGAN D.H. SMITH, ESQ., ATTORNEY I.D. NO. 84047 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 12650 Ingenuity Drive Orlando, FL 32826 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY / NO: O` - 9031 (2l v, h??ILJi ) vs. Donna M. Comp 1021 Teakwood Lane Enola, PA 17025 Marlin L. Comp 1021 Teakwood Lane Enola, PA 17025 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2, the address of which is, 12650 Ingenuity Drive, Orlando, FL 32826, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY Mortgagor(s): Donna M. Comp and Marlin L. Comp (b) Date of Mortgage: April 23, 2003 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1809 Page 3648 Date: May 5, 2003 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY Assignee: JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 Date of Assignment: As Recorded Recording Date: As Recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 1021 Teakwood Lane, Enola, Pa 17025 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." The name and mailing address of each Defendant is: Donna M. Comp, 1021 Teakwood Lane, Enola, PA 17025; Marlin L. Comp, 1021 Teakwood Lane, Enola, PA 17025 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of October 1, 2004 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of May 16, 2006: Principal of Mortgage debt due and unpaid $129,373.52 Interest currently due and owing at 9.34% per annum calculated from September 1, 2004 at $33.11 each day $20,627.53 Late Charge of $54.11 per month assessed on the 16th of each month from October 16, 2004 to May 16, 2006, (20 Months) $1,082.20 Escrow Advances made by Plaintiff $3,209.88 Suspense/Unapplied Balance $(408.36) Accrued Late Charges $649.32 NSF Check Fees $60.00 Property Inspection $52.50 Title Search/Report Fees $250.00 Attorneys' Fees and Costs $1,500.00 TOTAL $156,396.59 9. Interest accrues at a per diem rate of 33.11 each day after May 16, 2006, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sec., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & KREISMAN, LLC Date: BY: r J-f,\ Attorneys for Pl ' stiff S & K File No. 06-26445 tFIOELITY moRm m 1NC - NY 1000 Woodbury Woad, suite 300 T i. ZIE"ei.ER t>o,rmery, NY 11797 ER Di DEEDS Parcel :"P LAND COUNTY-t.'. Rk No.: ?t0qp Abos This Lana to Reonrdttt?6hiertedek All 9 17 MORTGAGE _ Loan Number: 0101802403 MIN Number100276-000012409922 App Number. 0304230707 ??11""/E7tV? WORDS MD OYTEN IN TIEUS DOCUI®i'P (A) "Saatiry fitsUlmOnL' This Mortgage, ithieh is Dead April le6', 2 03 WOt be called the "Secraky Apaemeet." (0) "Batamet(*" DORM N. COMP and MARLIN L. COMP residing at 1021 TeakWOod Lane, EaOla, PA 17025 mmcttmee will be called eonvem, and sometimes timppr "r or "ine." P "L. dec." F'IOFLITY ldRiTO a ITC - NY will be celled "[ender Lander is a mrpmadon which exists under the laws of dw Ram. of Delavara feada's addreas le: 1000, Woodbury Road, Suite 300 Woodbury, NY 11797 'e yr e • (D) "Noes.-The Now aigr" by Berrowa end dated April 24T 2003 will be called the "Nee ` The Now shows Mat T one Leader One Hundred Thirty Thousand Five Hundred and No/100 (2' 130, 500.00 ) pea ww". I have promised to Pty tole debt la monthly payments and to pay the debt In stn by May 1, 2033 M 'MFRS" O Mortgage Hlauxrosie Registration Syatmm, tae. MM 11 a aepatam capotuim that u acing solely as a teems for Lander and Lehdet's ancueson and asdgn. MRS is the mortgagee under this Security htsotame t. MRR6 Is agonized and existing each' ft lie of DaPowan, wad we an address and mkphone member of P.O. Boa 3026, Fk% MI 46701.2026, ad. (666) 09-MERS. (F) "Property." The property that is descried below to the section filled "Description of the hopeay" will be -Ned the Property, which is located in Cumberland COUNTY, PENNSYLVANIA. (G) 'Sams secured," the mmos described below in the sectim titled Rontreer's Tastier to Lender of Piptm is the Property sometimes "Yt be aged the "arm neared RORROWER•S TRANS7911'O LENT ER OF RIGR79 IN THE PROPERTY.'. I mortgage. Scam and convey the ptopmmy described below to Leader, mb)ax to the terms of this Security faarumta t. For this putposk Soaovx door hereby mortgage. grant and a" to mm (Poky at nomine fat Lewder and Lwrderh mmeseaw and assign) and to the mcammra and astips of NIPPS than ripn that an Wed in Otis Smoky Imtnmtent, end also those rights tied the law Siva to lenders who hold mortgages on reel property. Roaowa mdsr%w des and apm tom MERE holds only legal title to tae lataam gated by Borrower in this Security instrument. bee, it neeessery to campy, with law or comm, MERE (as aodnee for Dada AM Lender's mctesms and a dgm) bat the tight: to tawdse any or aft of dose iatlemts, meledhrg, but eat limited to, the right to Imcha e and. 09 rile PmPmr, and to eke any aclea required of Lerida i64041011, but amt limited to, calming and mm bag tick Semiry imamten. T am Owing Linda these tights to protect Leader Item possible losses that might tack ff I tall m: (A) Pay wI the amounts that I owe Lender at stated to the Now, with lodenon, and aI romwals, examsiom and modifications; to the Nom; (B) Per. with intcaen, say mounts that Leader spade under Paragraphs 2 and 7 of this 6ecmk), Imtmme tt to Protect the value of the Property and Leader% rights in the Property; and (C) EeaP erg of my other promba and agte#meets aada this Security atrvmmm, and the New. BX I809PG3648 Dec #20123 - ppmri ???aT A ImiStYIIPnom OF Tw PROPnry T III" L kdw d" In tM Property devalued in (A) through (n below. (A) The Property looted at 1021 Teakwood lane, Enola, PA 17025 Address S 2t Address It S! Thee legal detaipfioa of rho Properly is am thlly desctled in the Schedule 'A' Legal Description uOdead hereto ad mada a put hersaf; (1) All bundler and other )atinu meet, Ow am Would, m the Property dewerlbed to subparagraph (A) of this mcdon; (L) AN right, in other property that 7 have err owner of the Property described in snbparagapb (A) of this section. 'nuts TIOU are known ar'suggenw, ;;rtes and Appmmnumes atradted to the Ply.. (D) All mate or royaltm from the Property described In subparagraph (A) of this seethe; (E) AN mistral, ou and gas tights and. prow maw sights and no* that us pact of the property described Is sobpar"h (A) of this owdoe; (1) A0 ,;gists dw T have in do head wMch Ia is the aween or reeds in from of or ran to, on ProP&M dssctmad In stdnpengrsph (A) of this section; (G) All fbmnev diet as now a is the fours wit be oo to Property destnbed in subparagraphs (A) and (E) of rids section; along wkh tat not Omied o norev, ntdriEer+ots, wathers, dryeva, dishuadmn, owes, ab conditioning Units; (BD Al of the ftbU and property described in mbpwapVW (B) through (a) of this seaWe that j acquire in one fwa e; W All sepla maents of, or addsbm to. the Property dowilmd in sahpmvvhs (B) dwoogh (N) of this section; and M Al of the amounts that I pay to Lendes sndev Puatnph 2 below. SORROWER'S RIGHT TO h=TOAGZ THE PROPERTY AND BORROWER'S OWAGATWN TO U UWw OWNRRB®P ow Tm PRopu r I "Ulm that' (A) I iawfa0y sun the Property; (B) 7 hsw the r)IMrt to mompp, gas; and convey die ProPmty o 161111 c; and (G) tbsm arc uo autmdkng eAb a a d wM ag*st We Property. T give a gram; warranty of title to Lend,. This weans that T will be fall' rmpmwible for as hoes which Lender sutroev b eme mmsohs other tau myself hie some of *4 right, in the Peoppg which I promise near T have. T promise tbu f wnl dafaed my ow s"&lp of tM Property spins any dsh" of Sub doted MAIN LUMAOE SEOIAtM VOT¢OMpM This Severity imwaaregt cmwm saftm promises and ageemana that . an teed in rent property severity ggeaawG an over the Country. It toeva(m non.aom m promise and aphegaettts that vary o a limited mount, in different parts of the Country. My promises and ap"Mem us craned in 'plain Wwsge." T prouke and T agree wah Lander as (oBmw; I. BORROWER'S PROMISE TO PAT T will Pay to Lender, on seas, principal and (moron due Under the Nom and any prepayment and law charges doe under the Now. 2. MONTHLY MONISM FOR TAXED k DtWk& CE A) Swro er s Ogtlptons I win pay to Under an amomhts oeoeray to Pay for Once. ate, iwseMld payments or gourd rents (if goy), and hatud insurance on the property ad mmtpp tmwanae (If any). T win pay rime arsowt to Lender marsa Lender sails me, in writing, Wit 7 do not Mw to do se, or a dm the law requires otherwise. I wi0 make those payments m the One day that my monthly payments of ptift*ai and issues: are doe ander the Now. OK 1809PG3649 ore eaotu - tester,; Pare of my payment under this Psegaph 2 will be the ram ui the mlowinp (O Orm4wa tb of dw estimated yearly tam and urewmann on the property whkh tinder the law may be mpwW to this Security Isdrmnen; plot (10 Ow-rea dr of dw wdmwW ready lewbold pamments or pound row m the Propmty, if any; Ptus (sp OnetNlhh of the tstin,wted 7011117 PMMIYM for herArd immanoe corodas the Property Of required): Ad .. iq OnslsvefRl of the estimated yaiy prmhm for mMpp insurance (U any); pmt (y) ono4wo h of the estimated yearly presims tar flood iamnoee Of retpirad). In awardanae with appdeabb law. Looder vil adimate from tine to time my y"dY taw, aneiasats, ImuMU payments or pond rats and immmce promiums. [.ender wM use a I I s sunmems and hills anti noun o auieatea of mesa mucammm ale.. bilk Lender my, at any rant, collect and hold items seeder Pampaph 2 in an ansspte smoma not an am" the maximum amount time may be required for Imrower4 account under eta Real lama Settlement Provedams Ate of 1974, 12 USC 2601 at eq., and implementing mphuima, 24 CFR Part 3500, as they may be emended Rom time to time. ("RMA"), except that I will py to Lender an additional sum equal to on*4kth of dm agpepse asomt of yearly payments antler fhb parapaph 2 or a Inver ,meant If rationed by applimbk law. We sou is tat" as den "Nen1Ya' or "amont," and is permitted by PEWA for uandefpswd dif6mrewm a disbursements Were my payments are svdabte in tha eooomr. ?bow amounts the L pay to Lender for them imoa under PaapVb 2 wA be sled the -rands.- 'thee Fonds may be commingled wets the fads .of den Lade uobm the law fegidres otheswim. Unless to apeman Inmade or applicable law requires Medal to be paid. Leader L%M no ben tagshsd m pay Borrower am interest or emnbW on %he Funds.. Leadar may require knower to pay a onotima charge fa an independent real cattle tax ropoe ft mvim mad by Leader in connection whh tha fan, uniaa appscabe law provides otherwie. 1) Lemnes OMgdas f.ander will me the Wads to pay Ow abovelimed ems Lender' Well give to me, widwat dare, an annual aeouatims of tha posh. Tint acomating amt show are additions to and deduction from des Funds and the anon for asb deduction. Q Adpasa4 If LAWWs ardmates an too higb or if tent and inmranto mina so down, den amounts the I pay ode this PsrWWh 2 will be too ticip. If fhb happens at a time when f sun taping all of my presents and apeemeats made to ells Security Ustrament, i will have. One right to have tlw excews emoum enMr prmpdy repaid to me. u a dice reflood or modied to my Ruure matey payments of fuiila. Them will be exam amounts d, at any time, do was of () dw mom of foods whie6 Lander Is holding a limping, pen (i) the tamnm of tha moaddy psymond of heads which I add man, pay between ten time and else doe data of them imam is patter thin the amount seoomry to pay fee above lifted items when they m due. N tha Weds tamed tits amounts permitted to be held by RESPA. Leader shall did with emu fads a mgdmd by RESPA. It, wbm payments of dente Items we due, Lender has not ramrod enough rends to make there paymeats. L will pay to Lander whatever additional amount is nowmaty to pay den them hams in-toll. I man, pay OW additional amount in one ca-more payments an Lender may rogoim. and permed by MPA 3. A"IXATWX OP NORROWIR'S PAYStSlydl Unless tea lm requires oehttwbm, Leader vAll apply ash of my payments mder dw Now and under Paragraphs I and 2 above in the following order and for the following purpoms: Flrst, to pay my prepayment cMrps dam mhdm the 149W Nat, to pay tste dhatps under the Note; NOW, to pay ay amomm due to Luxler under Paragraph 2 above or odwr advent; Next to pay intmrnt den; and Last to pay principal dus. BH 1809PG3650 Dee $20511 - mxM7 4. BORROWEIRM OBEJ"TLON TO PAT CIIARGM ABSIBlIalIGIR 8 AND CLAIM T will pay all rum, ass mkt , datrgu, farce and impedance amibtable to the Property and that may be superior m this Seraadty Agtament. T will an make payments doe under wary Lase it I am a tame: os the Property and T will pay pound rams (a any) dwe on the Property. 1 will do fhb am r by asking the payemats to Leader that ant described in hupaph 2 abort a, If I am net requbed to make pymmm tntder Paapaph 2, by making the pay emax on rims to time to me paten owed thus (ia Ibis Security Increment,'IM wad "pmmn" mean any peens, atpuimdon, gormamamal sohmay or other party.) R I make dirva psymemy tam ptanyay altar makkg any of than paymenb, I wID tare Lender a tateipt which shops the 1 has dine a. If I make payments to Linder ender Parapaph 21 t will give Lender all sofim or bills that T reache for the amounts due miler this Psntgraph 0. Any claim. demand of dwp that is made agdem the Property became an obligation has eta been NYOed is known as a 'Hea.- T will peompdy pay a saYerfy, eto lam apimt the property ekes may be IRWW to ebb Security Iostnaim t. However, ads Society, Tnxw ment dam as raciabs me to amfy a mperia limn lit (A) T warm, In wtidng to py the obfip dm which PVC the to ate supedar led, and Lender approval the way in Which I apse a Pay then Obapdmn; err (3) in pond faith. I argaa a dntsed spine the superior Ion in a lawank so that dvdng ore lawmk the superior sae may not be edoread and so part of the Property amt he given W. or (C) I rater; Dom the holder of the other lien an aprament approved k wrhms by Leader that the lion at %me sweetly matnmtam k stamim to the wen held by that parson. If Leader deb veins tom easy put of the Property is subject to a mpmer hen. I NOW way give Borrower a dodm idmdlf isg tilts saperfor lien. Porn war droll pry or am* the raperior lien Of take one a am of the actions at farm above within 10 days from the giving of notice. S. BOBROWPR'S OBLIGATION TO MAWTADt HAZARD DtFUNANCZ I via Obtain hazard imarahtt to covet A bnldlep and other impmvemems that an now. a in the femrs, Will be located oat the Property. The immmxe amts omen lose or Amp qm . by ft hazards normally covared by "emended coverage Imad immanee policies, and other bakuds, Including floods or 9oodisg, for width lender or mesa or federal government rcgo$a coverage. Tae insurance mein be to this amounts and ter the periods at date mwryfred by Leaden a government agency. I may choose the Insurance company, but my tbeice Is sub)eat to Lender's approval. Leader may sea redbe to approve my choke ud em the mand is masombie. H T do not aaeae aavaap a described some, Linder may, at Leaders "don,'dtafn coverage to proem LerWses rides in samda with sub PWWIph and paragraph 7. H the property k dimarmined to be located in a Read aunt that requires flood insurance, as daigsated by the Pedera Hms p acy Usasomsst Army a tamther SSMV the ha the authoiity to make man ddan nation, I understand rase T wM be ragdked to obtalu flood inmhdce coverage for the pMpWW. - All of the Inmates poticia and tanewab of than polda mutt indade what is immure an a -Standard Mmepgae• akme no Promd Lander. The Posts of all peBcise and renewals mint be acceptable to Lander. Lender will have the right m find the polda add raanwab. If Lender regaru. T win Promptly pave Lender all receipts of paid premhmrs aid henswa notices that I mods. H there is a lam or damage to the Property. T will promptly notify the Wainscot company sod Lender. H T do not Pradptly prove to the Immaaa company the the has of dump occurred, data Leader may do an, 1% amaem pad by the lerawmm company b called 'pmoetds.` T sm'hakt the Leader to acak any claims acrd collect the proceeds on my behalf and eve them to raAme the amount 1 owe to Lender order the Now and under fhb Security Ttnmmmart (whaatet oe not ntPars Fare been wade by me), or Gasdr nay nefase the praaeeds to arc far nor is the tape* or restoration of de damaged Property, Landes may am der pretends to repair a remora the property or to pay the man seemed. if lay pmxeds at used to rapkx ale amovut of principal which I owe to Lender under the Note, de tee will net decay the due data a amhae rise meant of any of my monthly payment under the Note and under Paragraphs I and 2 above. However, Leader and I may area in writing to than delays or champs. BX 1809PG365I Oft 120312 - MIN If Lender segoires the Property under Paragraph 25 below, ail of my tights In the bumaa a PAW at belong to Lender. Alm, ail of *1 411108 is any Proms which am paid beans of damage tha occurred hater* the Propmry Is acquired by Lender or Sold will belong to Lander. However, Landat's rights in those proceeds will not be gtumr that the sous seemed hmodSUdy before the Property is acquired by [coder or fold. In the event that Borrower talk to maintain heead htamaaca or Good ha eca s as owdiaed in this PSmgaph d, of has the porgy cansaged, then and in dik avent, L&Adr'maay obran the tkeesmy lu mmuee. Lender may Sharp bmrowa a o mdarga' to coverthe cam and administration of said busumor and will he van wafte fm the payment of than ma and all prop isms an said Insurance. It the Leader obtem Insurance, it will only provide. promotion for the premises. Conan, liability and other items will not be ianred., Bar mw boevoaby Sign to Zander ¦a of my tight, title and Insume its any tafeumance Seed, rdands, insurance ptoc ds or On Ike regardless of bow desipmmd, which iskis in mw my related to the subject.ptopmty, and amdnotmes those amounts to be paid directly to Lender. Lander will credit ail payments to the barowm(s) cement in the order of p k aby, as speckled in paragraph S hareat 4. BORROWRR'S OBLIGATION TO MAINTAIN THE FROPERTT AND TO FtBDlLL ANY LEASB OBLIGATIONS I w71 keep the Properly in god repair. I wil not destroy, damage or Substantially change the Property, and I wig not allow the Property to dewieraw. N I do not awn but me a closes on the property. I will Will my obligations ender any base. 1 She agm that, N L acquire the fa side to the Property, my kae hosevat and the tes title will oat mere mks Linder saran to the neaw in w7wng. 7. LIiT1111112% RLGET TO PROTECT ITS RRMTS IN = PROMTPa MORTGAGE UWAANCB if: (A) L do not keep my promises and agremoenm made in shit Security Bisnument, m (B) mmaane, including ma, bogus a kph proceeding that may affect L.ada 4 rights under the Note or in the Property (such a a iapl reseeding in bannap er. in pmbare, for condescension or to Warne laws or regetation), Leaar may do ead M for whttorer is necessary to pmtaa she cases, of the Property sad I.Sndoes rights in the Now and Property. Lahdda aetew may inende appear` id man, paying reasonable saonW fag Sad entering owth a Property to make vepatm.. ARbomgb Leader may take admr under this PargMb 7, Lender don no have to do an, . I Will pay to Leader any account with Tateme, which Leader spads mhda this Paragraph 7. 1 will pay those amamts to Lender When Leader wade was a node ragaapbhg that f do so. I wN also pay Interest on that MMM at the Nom ram; ina nst as sash anomat wig begin on the data that the amount IS spent by Leader. However, Lander aid I may agora in writing to terms of payment that are dffkmnt Rom term to this paragraph. This Sesurby lostmnat will protect lender in erne 1 do am keep this promise m pay those acoaraa wdh interan. If Lender required mortgage nuance u a condition of matting the loan that r promise to pry under the Nom, L Will pay the phamnma fm that mortgage iamanu. I win pay the I mnimw mail the tagdremal its mortgage lamremce atria according to my written averment with Lander or according to low. Lends may i*** me to pay the premiums In the mama described In Paragraph 2 above. S. LENDER'S RIGHT TO IIl4PRC'j' >T$ PROPERTY Lauder, and others aatkodad by Lander, may ems on and impact the Propsty. They melt do an in a reasonelas manner ad at reasonable timer. 9. AGREBMENTS ABOUT C01111PIKKATTON OB THIC PROPERTY A mkiag of properly by ay governmental adhovity by embecat decade is known as 'cmdmamtka.' 1 give to Leda my right; (A) to proceeds of all aroma or cWm for damages rtnsdrng from coodemmake or other govaomaW taldog of the property and (B) to p eacds tout a ale of the Property slat is made to avoid condemnation. An of those proaads will be paid to Lender. BN I B09FG3652 Dee mbsu - Fame If an of the Property is takes, the proceeds vM be word to rodeo the -am, stated. N any of the prom ds remdn afar der amount dm T afro m Leader las bus paid in fail, do remakaksg psomass aiS be paid to as: unless [Leader and I"ot?ervks In vmffiag. N nay a past of she Prop" it taken, the sanom that I use, to T.esdw won be rsdmad say by der mumes of premeds mukWw by the folowfug fraedon: (A) for toad amount of to war seared wandisay before the ukag dMded by.(B) the Ott haatket rslee.ef to Property immtdiaWy befen the eking. The face ahhda of *a procatlc all la. paid to an. . N I abandon the Property, or B L do not wa er, heiha 30 days, a soda from leader safe tam a goverimemd awborby her a8erd to seeks a payment a to retie a daha fie donna, Lender her the aahmiiy to coUrd the pretends. Loader may shat are the pocede to rcpt a restorer the Praparty or to rafter tae tame snored. Thr.30 day period oig boon who the notice is given. V my rroaeds an mad to reduce the use= of ptadpd which I ore the Leader under to Nan; that an won an dray the due data or change the amoam of say of my money psymaa under the Note sad under Paapapbs I and 2 dean. Notraver, Leader and T may apes In v ldril to those deays w aba sew fd. CONTIMAT1ON OF BORROTPBR'S OBLIGATMW AND OF LIiMMIS BIGM (A) Nmraserts ObUgadow Leader may adow a pea .der rates oar my riglna ad oblipwm to delay an to chap tics amount of the mommy payments of principal and lowew den Under tae Note or under this Seeaicy Instrument. Even U Loader don 06, hop on, mat pone and T wN both stR be fitly oblptd corder the Note mid miler ads 9amky Irtawaeat Leader my snow thone delays or damps for a person who takes eta' my tipm and obllpdet, ova N Larder is followed not to do ao, Leader wM am be ""hod to brad a dyed dpkw ooh a pataon for feat fdmtymg the obmpdm of the Nam or she Sanity retirement (3) Leadwes Ritter Even S EmWw does tat eaardw at reform in dgkt of Leader sake this Semdty Tmtaoa m ar under the law, Leda vdl add here a0 of dew ddmd tad may cordse and enforce than In On fume. Bsanslon of time for payment or medEMdon of wort adw of ds sours seemed by this Severity boramam Voted by Under to try summer in intense of Stranger "N sot apase to Any forbsurame by Lander In uwe, . any dgin or remdy mad PM be a vWer of or r hoic tit I of mny dot m remedy. Even B Tender obtdm fm sues, M team, or pays other dabsty tarps liang spirts the Property, Lender wS1 horn the dda Under Parytapb 19 below to dead that T mica immediate payment in fill of the morons that T one to Lender undo the Nam and tba $a mitt' latnmat. . IL OBLIGATTON9 OF SORROWU AND OF PR j" TAN= OVU BORRO =IS RTGBTS OR OBLIGATIONS Any penes who takes are, my rot or obdpdow wader the $amity Tnsomset WM have all or my dots and wit be oblipaid to keep sI of my paoadw ad aVesmeaa made in thie Security fatnment SimWdy, my pssem waa eta ova Landues tides or obligations under tie Seventy ToMmeest raid lave aB of Undoes rides and will be obaigased to keep all of Lenders agmenhmts made in tbk So miry Testament. N mere than one Person dim m6 Sewmhy Dmtammt m Borrower, web ad w Is My abgpad m keep *R of Borrower% progress a y I may enforce Landa s r*s uder ft Seemly Tnmment qdw ads of u fmdhidomy spas an of w wssther. Tit's meats that any one of w may be requbed to pay OR safe seemed. However, if our of w does not sips the Now: (A) the passer is ripmhg this Smarby Tarmarm only so give that perwal dew is fore property w Lender coda the was of tro somby hhgromem, and (s) that person Is not Personally oa0ptd to pay no nee sewed; at (C) that phrtsos apses that Leader may epee wiO die mbar Serves ss to delay "forging say of Lades rights a an modify or mdo any uwmsswd"IM with reed to the terms of cote Sootty Inmmaem a the Now without tot parse's cement. 89 1809PG3653 Doe $20e2e - TOWI M LOAN CBAROM If the loan seemed by thb noarky lmormust b abjast to a kw which am utsdmms ban damn, and Out lay Is finally interpreted a that tha irteerert of other ban dwpts affected or to be collated in connection with she loan fad permitted limits: (A) any arch loan charge suit be reduced by the amount fanny to redone the Berge to the permitted thank; aid (B) my stem already tWkmed from Borrower w%ch co eded pmnkted lieu will be votadd to Bommar. Lender may thooa to make this rabs d byadndeg the pr n*d owed mdse the Nom or by making a dared payment m Borrower. B a refund Teduces prinefol. the reductions will be noted as a partial prepayment witharc any papaymont charge fader she Noce. I& LUMATION AMC11aG 1XIMM'5 RIG W . B a emnge In applicable kw would make any praatdon of to Nom or &A Searhy kanmannt weaftewbte, fader mny.requiro immodlee payment in full of to amo seared by thte Searyfty lutrament u that phrase is defend in Paragraph 19 beldw. N Lander tagdres immediate payment to Hsi under data Paragraph 13. Leader mill take the steps and may ad u specified In Pangapk 19 blow. A NOTICE MUM= U DIRR M 6pCMM ]IfiyfR06tDBIT Any solid that OUR be. glean to me andet ids Setatfhy Toamaftent win he given by delivering it or by mating it by Oat dam mail make applies" kw ruplas me of another method. The notice will be addrsmal. to me at the adNea stated in the motion above dried •Daaiptia of the Papexy.• A notice will be evan m me at a Mbrmt aftms if T give Leader a writhe coda of my Witte m address. Ay node that max be glean to Lender under thb Security hMrumeat will be glen by matting it to Ladder's address stand in psmpaph (C) of the section shove tithed -Watda Used Often In Thb Doomed.' A naim will be mailed to tender u a different address it Lander gives me a notice of tbm diIIeran address. A notice vegaeed by thb Semwhy Instrument a ppwa when b is wmllad or when It is delivered according a the rega&amonb of this hawk ld or of apptiable law. a. LAW TNAT GOYR M T®S lfiCUPM INSRDIRM Thb deanday lon rmneer is goramW by federal law and the laws of the Jurisdiction whore the property it located. . The borrower beaby amens and agram that the debt herby adored, or any pmt thereof, may be fewwad a Randall beyond i¦aatarity u alum as may be dub" by agreement bnwwn the creator and say mbagvent owner of the property, and no such amawat a ca adon dam in ay way afiat the borrower's responsibility, whether a sotaty, m mbernise. The borrower and any other parry aaemnbst tkblfg berander hereby ament and apes flat if the property none" hanby a a abroun ial potion thereof is tamdmred to any subsequent owner, and the creditor saadmR the right to moderate the debts accused hereby, the , , "t, may adept, any delinquent payouMa or other earn of dehuh ghat rim to soh acceleration form him than owner of the paperty a any other person and roiwee the indabmduss in menadmo with the sebdato of. maturity as of d, time of ucdaation a open snit new sebedtde u may be agreed it seemeal or examine an otherwise permitted and no such miamremew Mali in any way affect the iabifty of arch prior parties, whether a army or odatwife. if any term of this Severity Tafromme or of the Note anfies Vitt the law, of other canna of tbb Security Lnxnanant and of the Now wif sill retain In aAeet B Ihoy can be gala eRea Wkhom the anmeting term. This maw that any arms of this Security Inxrvmat ad of the Now which conflicts with the haw an be separated from the tmakhg terms, and aka amaifing across will still be enforced. The baromor hereby waives its right to a jury triaL 16. BORROWIPLIS COPY I en'll be 9M ono confomd cagy of der Note and of this Security kstr unent and hereby acknowledge recelpt thereof. B( 1809PG3654 Coe masts - vane 17. 7'AAMU= OF 798 PROPERTY OR A RINUUM DMIRE51' IN 30220MM If all m any part of the Property ar an knees date bu Is sold at, trandarod by Borrower (a if ¦ bows" iraeeaer In Reviewer In sold or tendered and garment it net a named person or patens but is A eaporaem, Parmaship, stmt or other Wee entity) wMM Leader's prier wines rotwait, exddias (A) the ereedon of a Has or encumbrance saberdbate to this sanity lawament whdeh doer not raiam m a Mader of riots of oerapeatry in the property: (R) the grad" of a pmdme money utadtjr 6tdted fdf hawalldd ippi6ed'1e( `(C)-a wader by dads, duarw or by ooperadou of kw Van the data of a jobs tuna; or (D) tae pant of say leuehold hwerae of three yan or We not mntsbfag to option to prwmw, Leader away, at LeWeri option, drdue all dw maws maned by tb Scantly TUMM m to be bmmedatdy do ad pay". Tf Ledda onow drr mdt option to andante, Leda dull mail BOROwer notice of aarlevion in amendment adth Puegrapk 14 howl, and Lander may. In accordance wit Parsylrada iaw, Invoke any remediu pamitied by this Saeodg TnsmmaL Londa may coulmd to a ask a trader If (1) BWWWW emus to be abmkted to Lender hdmmaion tegdred by Lender to MI Me the tnmfera u if anew ban wave being made to the tr adea; (1) Lads ratatsbly determines that Ladoes man" wig not be impaired and that the rick of a brads of any eonamm a agaaeraat in Ob Searity luttmsent is asoeptabde (7) become win be payable on the mss UGUM by this Secahy Ustrma( at a rate saeptabh: to Lefler. (4) dtsnsa In the terms of the Note ad this Scanty to samet vagabad by Lender an made, incleding, for example. Palo& ad)olbsent in the lament ra(e, a diQaese goal paylaw data far the ion, end additlos. of =paid Internet m princos ; and (d) the aanduan sips on aawipfws agreernat than is acWtahle to Lender and that obfisates the Mader" to kap an the premiem and agreements made in the Nom ad in this Sermhy Indonesian, an modified If tagdred by Leader. To the mast permitted by appnable laws, fender aho may dtaga a ratombk fa as a eodidon to Ladaes coolant an my ale or Madat. gmmwas Will coathme to be obligated wider tie Note and this Sonority luermeat wdeu Leda realm sormaer in wrung. IS. NORROTSERIS WAIRANT= REOARDM VORMNIVM 11mrawor aw[m date he wig not use, ad will one permit ay do d patty m me the Property a any Potion thersof or Intense dwask -for any paepose that wodd aaee the property an be abject to forkie a, Borrower fmtdwr won that the Property bu we base atquwd with the pneads nom cry wanedt t of at* ft the wetdd tlkreby sae On property to be cabinet to forfakare, 19. LMMIS INNT TO Rw= OOMIATR PATwff IN F UL If T fag to keep any promiau or apoemma made in the Nam or In rah saeermy hwirmem, inehdins tbn prmiw an gay when der the amoosa I owe to Leda, I will be to default. If ids oo mt, the Lads may mgdm that I Ply hwsed4tdy tdw =sire smover to temalaing upaid under the Note ad matter tha Saorhy bolwmtent. Leader' way do this widlmlt making any fabler demand far Payment. This requirement will be ealld `Immodlate Payment In FW If I m in default fa say ream., you harts the tight to deva d psym s: of the =tire ammint 1 ewe you. R Lender m lobo payment in fall a In the evaw of a borerlwm ardor, 1 ague to pay ratmible and permbdbk bpd fw, mats ad dWonaants, and that ems toml meat shall be paid by me with Intents, a sp*dW PMPWII 25. UP to the for We. Lend er d ?B actually lurve &a tonnum To aam la tball ight ?) cpayment, even after o all cm jUmead eey by Wr (ill ban the Property sold as nee ltsradt and (tiO bare a Iteosiver appoleal by the Court widevat Two Swig notice to ma ad wdtbout regard m the wise of the Pra"q. Upon aadaatios, Borrower shag here no tight to reinsdaa AN dshm and remedies provided to this Security Instrument arc disdad ad emulative to any oche, right a remedy made, this Saeurby TnamNSat a afforded by law or equity, and may be aaerthd anearenwy, independently or mettnirdy. BK 1809PG3655 tea orals - wean X. I.BPID S RIGHTS TO RENTAL PAYM UM AND TO TAME POSSIS ION Of THE PROPRRTY N Leader teqnwa Immediate Payment in Pau, a V I abandon die Property, them Lender, parents autbvRad by Lynda, or a woetver Wobiad by a aawR at LeodmY request may, (A) ralka do re=al p ymm , including am dhw normal payments. dreary from the tomentm (B) ante on and take possession of the Pmpmty; (C) mump the Property; sad (D) alp, =nod and cheap leases. R lender entities ma terms, Lender has eke tight to odloct "new paymmen to Lender with= having to sak whether 1 fold to keep May promMn mid woomms wider Odd gemtity InarammL If there (a a judgment for I and . W a Wa=it the fmadomrts and male, I will pry to Lender reasonable tent hem the date the judgment is entered for as long as f oweW do Propmrty. However, this doe not give me the tight to oamtpy the Property. All ra=t Paymms celleaed by Lender a by a receiver, other than the rem paid by me wider Iris Paragraph 20, will be need fag to pay the caw of mPeNmg remal paymets and/or managing tha Property. H any pmt of than ve=al paymms remains after than rams haw been paid in fill. rite "Mining pant will be and to tech w dw wr omit that 1 mw to Leader wads the Nem and wider this Saendcy Instrument. The am of managing the hop L) may indhide the rocoWrfs few, rwe amble sthrooy's tow. and the cost of any monetary beads. fender. and the ramlver witi be obligated to amount only for thou MW paymeaw'that they arm" twelve. If I fall to sake any paymaws or keep ptomlra order tbb Swzkyr instrument or the Note, den 1 Shaw pay atonlrty in advmN to yen or to any reaivar a fair chirp for the we of the Prop" dot 1 ocouyry. If f do ant pay this fair cup, you or dw remiver may sae to novae it or to raw eno me, or both. T wN net collet new, than one (1) month's rent in advents form any terns or oxopmt whhont you written areal. 21. L1 Mss S OBLIGATWN TO DOCBARGR TIM 9WORM V197RURCIM . When Leader hue been Paid All tunomts doe wide the Nate and ander this Security I at we the Lander will reissue this Satwtity Inmraaeat and del = a cattitiate rbdng lbb Stormily Imamate hue been paid In fall. Lender w1a can deliver a mhffiate stating that this Smarmy Twttnamt her berm mtsfied. I wi l pay ad comb of recording due Reitman in the pipe ormial room & 22. ADDrffONAL CRARO86 I agree to Pay all reaNnmble charges in connection side the servicing of this laid, ieeluding but not limited to abasing tax weather and We and in pwnasdng intonation, loo payhmam, Damon* patisfan, telwa, *"co mss, eohw I - emmder, mocfiwtiom, ve;W agreemmm. asdpmieim. down cumata, and ta'envehy aid atidhalonu at temple. In the avout Romm or diets Lender to mfr any spots, appraimis, seadw, s wbwtiom a war the Ulm, I epee that the eganae fm the am is to be added to the balance of the editing racepp, it mama b sot pad within 30 days *of fttiwam Ratification. 23. HAZARDOUS SUBSTANCES Harrower shall not cram or aura 'm ado, or patch any of is apes, emplayen, onnutets, entered, OF IeYavem to errte w euNer to erla any Bea, Newby taWrst chap or encumbrance apbrc the Prop" a an potion tiered, takdag to any phydol a earkoomenal coediden, iadading, her tat limited to. aey lint bsposed pi aerat to Madan 107(f) of the Sapnf rA Ammdnwnm and Reauthorization Are of IM (42 U.S.C 9WO)) a my sbdbr federal, mate, or teal mutt. revelation, role, order, or ordinance. Bwvorrer shill noc mom: m permit any other party to came a permit the ptwenm, ,w, dhpwal, storage or roleaa of any Haatdows Subabra no or to the pnvwq. sotrower ,ball not do, nor allow anyone ebe to do, anydi'ehg aRoodng the Property that is in violation of any cw*onuwnul law. 8K I809PG3656 wee coal? - FAM9 Borrower roll press" Bt a the Lender wAttee no" of a" kvmdpdon, dolor, issued, kwvalt a other salon by alp governmental or mpkwy sgmcy or pi ma party involving die "arty end aey Haurdons sebttmca or anrkoamww tarn, at which the Borrower has aemal Imawtedp or thodd have awed knarkdgs. C Borrows Iwo m is aodBsd by My pwrsmadal or replatop authority that my remewl or remdkdon at am Hourdom Sabwme affecting the property is aeaswry. Borrower etch promptly mks naamty rwtedlst removal, cad other action economy to clean up and remove all-Husrdow Subsmaom, valid women: or cowtmmmk on, in, &am or affecting the property or car pardon deenw. In aomrdum with aaboommW kw, to der ntislaction of to tender and in accerdance whit all crime and directives of gommlmrW m thadtla having lmia lam over the propoM aadror mot sabMaaas or materials. If Borrower fdk to eggs remdiW action, and upon rrsaipt of nods from any party amartmg the adds ee of any Harardow gubmanma afkcabq dtc peoporty that if ins may twit is an order, colt, hnpedtimt of alien on ro property, or otter action, or it eve mss to pod Wife believes woaW faopmdim he meaty imxest, der Lander at to opdon doll take whatever action is "canny In Moordaem with an h ameaikl kw, to inert up, cemave, mobs or wherwim rmaodka the decision. AN reasonable aver and expenses paid a inasrod by Lender in the eaerae of each rUft shag be maned by the lien vaankq this loan and shag be pgable by harrows open demand by Leader. Borrower tall indexaft emcem%, defend and bold hamtles Tender, its officers; dtrserasa, shareholders, agents. and employes, from and spina cap and at claims, demand% obsptbm. paaldes. fors, anik, 11"tin, retlomaak, dsmsgcl, lava, code. and aiumga Pn ludieg but not Ilmited to, attorney std contingent fact std expanses. Inwmiprmn (en, labermmy ltomen, dump cork, court oum, said Oder ovatem d Bdpbn a &magam), u wog w any such fees and BRUMa im ened in enforcing this indematy, and say violation of any applicable mho al kws in dfe4 on a behove the dam hared or Moults made eQeodua .. As wed in this dominant, "Haaardms gaibraesw" as show wbaaaas defined as Made or baatrdew vabotaww by Envkotoanel law. and do fogotdnt wbskaaa gsmgne, kwa mm, other flammable or tome pet k product or "oduts, tads Paulin, hmb(dds gad fungic" ytdeale mlven s. mmaith containing idle m; a Mrmeldehyde, and radioactive materials. As m ml In this I- go, "Emlmrm aW Law" mean fedanl, cork, and local laws, manta, nk+, roplatkn, pdkki archer and doe" Ihat'rokte to health, aft a eavimnmeoW promotion and maintenance In the Jurisdiction when the inopsty is kemod. u PEOCBLLANBOUS PROVlg1M (A) In the aras thin tM holder of lhk Suarky Trrmmaet be mgdaed to retain legal Cenral for the purpow Of announcing toiedonts promselap berumder, a remeneble sum toll be added to the said indcbmdnea, IS fair and region" legal feat and demand sound hereby in addition to upe ass, colts, allowaaas w provided by kw, (s) if this Some" Inurement kvdros a madomNium one, cop ftlore to pry common c6arps Out they hoses dam drag be considered a dehdt under the mm of this Seotaity inawmmt, (C) H Tara permiead to use, a delask of Ihk Nom or the Mortgage seoming this Nm pmmrri to the Uolted States Bankrnpky Code Mde it U.S.C.) or came app*" law, 1 Amifhcagy epee tot nM ammot nmswty to CON the defaaik shall kde le the cam of eg amoonk past dm under to mums of the NOW shdlor NO"". W,$m kg all plloc pal, Internet, gad has dates, and all ameants advanced by Leader pmamnt to the egfat of the Nm guitar Mortgage, Irnlndittg d same" foss and Wines rate fegdred by the NOW aadlm Mortgage from the dam on which l aloe to eons the deleuk to the date on wMeh the ddadt is fatly eorad. Nothing henrin shall be mnalhed to allow me any fight to case any default hay the Nom a mmp:p¢ eawpt as fpadnaty authorized Under the united sake Bankruptcy Corn (Title 11 U'S.C.) or ours applicable law. BN 1809PG3657 Doc 42021 - aetrlm (D) In the coot that Lander shun adeaaa say money in order on pay Bortoveres inmmeea. [urea andlr hav rd Immanoa andlor any ether judgments. IWs, violadovm, or adsom under paragraph 23, tom Borrow wW pay interest an the am advanced p die ram specified in Borrower's Now, 09) In the cvmt toe pramlert taxers dump or liorrmwKs statements amVr ramsentodo s hava been fond to be feed prior to dm dbhureratam of fonds, lender, In in, rode discrctlm, may arnol this Nor and Leader AmH have so [order dtjhpdom ro dw Buntrow. Lander suer that Lander win Me a SaWfotsica of hf AIPP to the somty tkb 6aemity'Instrument Is am with the Oman of*$ Cooney Cfat prhr to anadltd n by Lander. (pt In de nom that any dmok paid by Harrower to Leader b returned uspatd tkm and is dot awn Lwtder may, it LmdeYs option, ngtdm beak or erWled lids fur cub payment made thereafter. (4) to the swam the Brrower(s).lads arms r. brim{ say sedan, ptvoedind or Padden for Wa asrsommt. HQukittion or rearrangement of their told indebtedness a" any folvel, ape or toed watuo, seed in web ewer there b an hWepr Impoltoleat of der Ben of ebb Security Ine"Most wbhin the meaning of say Title, Cede or lord scam dwalk relevant, there stall be dowvd, awarded and granted to the holder of cub Security Instrument by the tmwt or tribood having jerfadidien bored, reasonable Merl taws incurred to protect the Jim of thb &corky mstrummt aptea erh improper impairment, or to the count the holder of ter Security lostrtwmt is mgoind to brims on any motion r proaedNS m waste arty say or compel rejection, of any proposed pW. Such award of raeonabb cramp Nay obd be based opoo the reasonable beady bMb* no of an atpeiiresd «ai esmwem6npog praakknr w Wdn the jaridhttbn of the war r tribunal, and wbbwt any raforama or regard direr or indirect to the sow dhOW decry of `semomy of adrakdd sdu L' (M To eddidan, Lander Wall be andded to dares Interap an an accreted ants mt, foreclosure eon, amaaray fat whether incurred ere a revile of ON faredomm r the bmkmptcy procndbq or older pwpeddan attoaap payable pureness to or Wme& a" pW in the bWaapb:y proredng. The interest rare dull be the sass rata charpd made tko Nom arcure I by dds Sarurity Imtsanent. 2L ACCUMATIM MWAU0'r isBSMM In, the awn of a demoh by Burrower, in any of fa cuwnsau and asrewsom bstsunder or in an event of ¦ brareb of any of Bmmowars iepreromdom and warren lea hack. Leader, at in, option, may rogdm bnmcdiele payment in fah of m emu seam" by tha Saearhy Iaattmoant wpmut farther dined w nodes to Borrower and may IawoI my remedy permitted by applkable law. If We lender regohm payment in tuU, or to the event of a fmdmm Kdom. 1 area to pay reasonable 10921 far, pda04ai end'brmtest. way and dUbarvemesm, a tunas and additlanal adowmoc as may be sanded by pay judgment of foredoom and ide added denote. After atreleradon sad ondl a jdgsmt has bas entered, I Wan pry ehb road amount whh Inters[. up to the tray you actually "owe soh psymeru, at the Mooins hmrast ram: s)t6h 8 thb is a mrtpSe m e:cesa of S50A00.00; r b) the Nam rate if tble b a moetpp bemmS an otigbW prwiegl mom lereven 53,000.00 and SMAWA0. After a judgemt has been randared, the interest rate wig be the bishat permitted by the tam of pmegMuda. In addAbn. Leader died be emdded to cdha aA cspawm Incurred to pmvaing du rvaw w provided in Wit paragraph 25, including, but tat limited to, reasonable sa rmyo foes, and mum of dd, ff"deno. Ujae acceleration, Borrower shill haw no rISM to rtdmrete. All dries am remedies prodded In Wb Security Tastr mant are dhdad and eammletltw ro any other for or eaedy under d* Serufk instrument ar afforded by law r squiry, and my be endued concu randy. Independently or mrerdrely. 6K I809PG3658 Doc pests - NMI NORROWRR'S COMMJAMM U Upon the a,pW of the Lender, hs mooataeN$ m Out", t dtaD: t) furnish Ind =*auto any doe®mta reached by the Lend" to vormy the Uv& and aaomacy of any, hdam ode provided by me in coonaeton whit my taottpp 1084, 1"dodin116 but am gmiCed to, inrome. "IOyou n,' depwk acct loo wMmis rios and vctiRaddam, income tea reona, and contract, end wibro m satm ent; fat the esM of odw pmpafdess; n attain my decameter She dwdd been ban doederor before the d`*g;re`emcata any daumwm e)oed a or before the dedng, and aaaaae tint MWcb Mess !="too* drafted and dyed at the dodn!<, inducting but not limited to, conviction noes, tarseatoe mmVallm and odor correction 6'8ttaetents: A f r dfh any decorators acquired by, and tempiy WM ally andmala, work andfW catmaim sat forth in Lw"iw% app" repot{ 08 fine com "M aq 4) aoam my adMDIW doaosa4lbn end penile Say ed440031 hdon"Ouq required by the Lender to %catnm the sale of the awrspp into the Secondary motor metkac b) f represent and ogee that all toques{ by Lender Will tMCdva the NU toapoadM of and compliance by uw Miedn five days of the limiting of the requests, cad me CIM41 ion harexad 00 evrviro the dool tt 4 h is fm*w agreed thes my I " I to con'* wRh the "Pe'"WttadOm a" NM ants bwvlndw shod cometme a ddsdt under lie nom cad motor seated in connection with ants a, Cat. and shell entink the Landae, its tucoaaots a ardpu to any and aS of the remedies aw'Iabit upon ddcoh under the am aedrer aeortpp, inekdfng tolboden of demaR Were", att"Wi roes, coca cad disbmeementL 76. RlDF18 SO TWS SRCURITY 7N TRUbim if one of deem riders as exaamd by Hmrmte and recorded topOW with ft Security insaamaS pp premium and egreementx of each me ineotpoamd st a pat of this Soeurity imvumem. _Adjustable Rata Rider ,_giMMokly payment Rider Coodomimmn Rider tLa,c....ed poymene Aida _{l Fame Rider a•nsed UM Daedopaat RWes -,.Race Improveeea Rider _Seomd Home Akio -VA. Rider .-Other RY 8RilfOro NU.OW, Borrowers aaept and'a6ra to the promba and avoemetm conahted is this Security fmuumem and in any ri k*) Aped by me and roooMed Mich it. DOM N. CCHP I W. BK 1809PG3659 D= eamxo - ea1422 S'CAT6 OF VANVS, LYCM!/lK? Coney' W. On thb I. Gy of Aps11 2007 bdan me, the wkWdFW. e Nmaty Prbl a In wd fOr am 11cwmty, PM MMy appMtad DORM M. COMP, MIRLIN L. CONP and ad WoWkdpd dM u+eemion of the terogoing Inntnmd. WrMESS my hum end o(fidd Mil. My Commasion E.ptm: r; rou amednse st, Naldlai Sal Ww aW oer, P«d4yAws,i,,,sSm,NC7aM 1. t th is to be recorded l:• ` i burlund County PA Recorder of Deeds 8N 1809PG3660 1Me 110571 - PMfC1] ALL RMOKNOWN ASVnM 74 AND Me PLANN0.1 OF TRW WNT, AS RECORDED IN PLAN HOOK %, PAGE 131, INTHE CLUMI AND COUNTY RECORDER'S OFFICE. BK I809PG366 I Date: W 1. zA (2o ( Marlin L. Comp 1021 Teakwood Lane Enola, PA 17025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee 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. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions. you may can the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIDLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMHt SU HIPOTECA. ? 7006 0100 0006 1477 6942 t-OQ?"?? R g?. _} HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: LAW FIRM FILE NO.: Donna M. Comp and Marlin L. Comp 1021 Teakwood Lane, Enola, PA 17025 101802403 Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY Ocwen Loan Servicing, LLC 06-26445 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 WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU 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 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 agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME 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. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankru tc you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 1021 Teakwood Lane, Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: October 1, 2004 to April 1, 2006 Other charges (explain/itemize): Late Charges: October 16, 2004 to Pre-Default Late Charges: Suspense Credit to Borrower: Non-Sufficient Funds Fees: Inspection Fees: Escrow Advances: TOTAL AMOUNT PAST DUE: @ $1,279.76 April 16, 2006 @ 54.11 $24,315.44 $1,028.09 $649.32 ($408.36) $60.00 $52.50 $3,209.88 $28,906.87 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $28,906.87, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: Ocwen Loan Servicing, LLC 12650 Ingenuity Drive Orlando, Florida 32826 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pav attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time 0 to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Kre(sman Address: 2520 Renaissance Blvd., Suite 150, King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Rana Zion. Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your finnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE You X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 1/26/2006 8:32:23 AM Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestom Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street 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 800.342.2397 Date: ? IzI l 7LX0,0 Donna M. Comp 1021 Teakwood Lane Enola, PA 17025 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. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 7006 0100 0006 1477 6935 This notice explains how the program works. hearing can call (717) 780-1869). HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: LAW FIRM FILE NO.: Donna M. Comp and Marlin L. Comp 1021 Teakwood Lane, Enola, PA 17025 101802403 Mortgage Electronic Registration Systems, hie., as nominee for Fidelity Mortgage, hie. - NY Ocwen Loan Servicing, LLC 06-26445 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU 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 agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the prop ertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME 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. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. f you have filed bankruptcy, you can still apply for Emergency Mort a e Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 1021 Teakwood Lane, Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: October 1, 2004 to April 1, 2006 @ $1,279.76 = $24,315.44 Other charges (explain/itemize): Late Charges: October 16, 2004 to April 16, 2006 @ 54.11 = $1,028.09 Pre-Default Late Charges: _ $649.32 Suspense Credit to Borrower: ($408.36) Non-Sufficient Funds Fees: $60.00 Inspection Fees: $52.50 Escrow Advances: $3,209.88 TOTAL AMOUNT PAST DUE: $28,906.87 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable : HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $28.906.87, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Ocwen Loan Servicing, LLC 12650 Ingenuity Drive Orlando, Florida 32826 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged nroperty. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If You cure the default within the THIRTY (30) DAY Period, you will not be required to Pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. KlUk 1 TU UURE 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, y_ou still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Kreisman Address: 2520 Renaissance Blvd., Suite 150, Mne of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Rana Zion, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). I • HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 1126/2006 8:32:23 AM Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street 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 800.342.2397 DI LP Ulan QQQ6 1477 6535 7QQ6 , ' yg42 1lo? 1 7QQ6 Q1Q i9, wAII 2 m ?I t a n} ?tlQ?` d. ?r o 1 QTy nnnn N, X10 PA 1?y i/' yrr PN ? e? ''A^ m W? (1q1 5 ?? ? V • O ?? t? N ? -O R o ° O W °nfirm ti°n `- p livery Frm°ti n CO ....?. g 0 f vERU LCAToN Ilana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiff's verification could not be obtained within the time necessary to file this pleading, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S Sec. 4904 relating to unworn falsification to authorities. SHAPIRO & KREISMAN BY: Ilana Zion, AqlAre Attorney.for Plaintiff ??2ylOtP Dated: cam: ?,? (IZ ?M r (jI rn C?..1 SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 Ocwen Federal Bank, FSB 12650 Ingenuity Drive Orlando, FL 32826 PLAINTIFF , VS. ; Donna M. Comp and Marlin L. Comp DEFENDANT(S) ; COURT OF COMMON PLEAS CUMBERLAND COUNTY NO:06-3031 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in the above-captioned civil action. Respectfully Submitted, SHAPIRO & KREISMAN BY: Ilana Zion, Esquire Attorneys for Plain r A . JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset- Backed Certificates, Series 2003-2 v. Donna M. Comp and Marlin L. Comp VERIFICATION The undersigned, an officer of the Corporation which is the servicer and custodian of the records for the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: b Name: Ja10; e a ti go Title: US cl sure acilitator Co1gan hase Bank Loan: 101802403 06-26445 r . n r? -tea r NN Z F, c.,r z 7F, :? IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JPMORGAN CHASE BANK, ET. AL., CIVIL ACTION Plaintiff Case No.: 06-3031 Civil Term VS. DONNA M. COMP and MARLIN L. COMP, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $7,800.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. P.O. Box 644, Murrysville?$A ] (412) 243-5698 Pa. ID # 00245 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. "4??4-w Frank-E. Yourick, J . squire Attorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the 26th day of June, 2006, I served a copy of the Answer to Plaintiff's Complaint upon the following by US first class mail, postage prepaid: Ilana Zion, Esq. Shapiro & Kreisman, LLC 2520 Renaissance Blvd. Suite 150 King of Prussia, PA 19406 (ug Frank E. Yourick, Jr., s uire Attorney for Defendant s P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 r.? ' ) C ^7 r" ? .,t L .- " ? -n Cf7`- rJ G? _ ^, -- ; `t •..; SHAPIRO & KREISMAN, LLC BY: MEGAN D.H. SMITH, ESQUIRE ATTORNEY I.D. NO: 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 Plaintiff, V. Donna M. Comp and Marlin L. Comp Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term MOTION OF PLAINTIFF, JPMORGAN CHASE BANK, AS TRUSTEE FOR THE REGISTERED HOLDER OF THE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2003-2 FOR SUMMARY JUDGMENT Plaintiff, JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 (hereinafter referred to as "Plaintiff'), by and through its attorneys, Shapiro & Kreisman, LLC, pursuant to Pa. R.C.P. No. 1035.1 et sec ., hereby moves this Court for Summary Judgment in its favor and against Defendants Donna M. Comp and Marlin L. Comp (hereinafter referred to as "Defendants"). In support of this Motion, Plaintiff avers the following: 1. On or about April 23, 2003, Defendants borrowed the principal sum of $130,500.00 from Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY, and as evidence thereof executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY their promissory note in the amount of $130,500.00 on the same date (the "Promissory Note"). A true and correct copy of the Promissory Note is attached hereto, incorporated herein by reference and marked as Plaintiffs Exhibit "A." 2. In order to secure their obligations under the Promissory Note, Defendants also executed a purchase money mortgage on the same date (the "Mortgage") in the amount of $130,500.00, describing and encumbering certain real property located at 1021 Teakwood Lane, Enola, PA 17025 (the "Mortgaged Premises"). The Mortgage was duly recorded in the Office of the Recorder of Deed of Cumberland County on May 5, 2003 at Book 1809, Page 3648, et seq. A true and correct copy of the Mortgage is attached hereto, incorporated herein by reference and marked as Plaintiffs Exhibit "B." 3. Defendants subsequently defaulted under the Note and Mortgage (collectively referred to as the "Loan Documents") by failing to make the required monthly payment of principal, interest and other collectible charges under the Loan Documents, which payment was due on October 1, 2004, and all payments since then. 4. On or about May 25, 2006, Plaintiff instituted an action in mortgage foreclosure against Defendants pursuant to Pa. R.C.P. No. 1141 et seq. (the "Foreclosure Action"). Plaintiff commenced the Foreclosure Action with respect to the Mortgaged Premises, as a result of Defendants' failure to make the payments of principal and interest, together with other charges as authorized by the Loan Documents when due. A true and correct copy of the Complaint is attached hereto, incorporated herein by reference and marked as Plaintiffs Exhibit "C." 5. On or about June 26, 2006, Defendants filed an Answer (the "Answer") to Plaintiffs Complaint. A true and correct copy of the Answer is attached hereto, incorporated herein by reference and marked as Plaintiffs Exhibit "D." 6. In the Answer, Defendants admit the following: (a) The parties to the Mortgage; (b) The date and recording information of the Mortgage; (c) The Assignments of the Mortgage; (d) Plaintiff is the current holder of the Mortgage; (e) The legal description of the Mortgaged Premises; (f) Defendants are the real owners and mortgagors; (g) Defendants' mailing address; (h) Defendants received notice of intention to foreclose; Defendants have attempted to deny the total itemization, claiming: The total amount due is incorrect. 7. Defendants' purported denials in the Answer fail to plead with the requisite factual specificity required by Pa. R.C.P. Nos. 1019(a), (b), (f), and (h) and 1029(a) and (b). 8. Defendants' Answer fails specifically to raise a genuine or triable issue as to any material fact which would preclude entry of the Summary Judgment in Plaintiffs favor. 9. Pursuant to the terms of the Loan Documents, upon Defendants' failure to make the payments, as set forth hereinabove, all of the sums due in accordance with the Loan Documents are, upon demand, immediately due and collectible. 10. On or about July 12, 2006, Plaintiff served Defendants its First Set of Interrogatories and Request for Production of Documents, together with Plaintiffs Request for Admissions (hereinafter collectively referred to as "Plaintiffs Discovery"). True and correct copies of Plaintiffs Discovery are attached hereto, incorporated herein by reference and marked as Plaintiffs Exhibit "E." 12. Plaintiffs Request for Admission sought admission of the following matters: a. Defendants executed the Note and Mortgage on April 23, 2003 in the amount of $130,500.00; b. That the Note is secured by the Mortgage covering the property; C. Defendants failed to make the October 1, 2004 payments and subsequent payments; thereby defaulting under the Mortgage; d. Defendants have not tendered monies sufficient to cure the full mortgage arrearages on the delinquent account; 13. Defendants failed to serve Plaintiff with Responses to Plaintiffs Discovery by August 12, 2006, as required by the Pennsylvania Rules of Civil Procedure. Pursuant to Pa. R.C.P. No. 4014(b), the matters covered by Plaintiffs Requests for Admission were therefore deemed to have been conclusively admitted, thirty (30) days after the service of the Request for Admissions upon the Defendant's counsel. Poll v. South Union Township Sewage Authority, 56 Pa. Commw. 62,424 A.2d 568 (1981). 14. On August 16, 2006 Plaintiffs counsel sent a letter to Defendants' counsel notifying counsel that Defendants had not responded to Plaintiffs Discovery as required, and that the Requests for Admission were deemed admitted. Plaintiff also granted a unilateral extension of time until August 28, 2006 for Defendants to respond to Plaintiffs Interrogatories and Request for Production of Documents. A true and correct copy of the letter is attached hereto, incorporated herein by reference and marked as Plaintiff s Exhibit "F." 15. To date, Defendants have not served any answers or documents in response to Plaintiffs Discovery requests, thereby failing to provide any information or documents refuting Plaintiffs allegations. Defendants have therefore failed to raise a genuine issue as to any material fact in this case. 16. Attached hereto, incorporated herein by reference and marked as Plaintiffs Exhibit "G" is Plaintiffs Affidavit of Jasmine Santiago in support of this Motion for Summary Judgment, and attached thereto is the current and updated loan history, which together establish that the Mortgage continues to be in default, and that as of August 31, 2006, the following amounts are due and owing to Plaintiff under the Mortgage: Principal of Mortgage Debt Due and Unpaid $129,373.52 Mortgage Interest at 9.34% per annum from September 1, 2004 to August 31, 2006 (at $33.07 per diem) $23,995.95 Late Charges $1,677.41 Escrow Deficit $5,465.24 Suspense Credit $(408.36) Property Inspection $52.50 Title Report Fee $275.00 BPO $664.00 Returned Check Fee $60.00 Satisfaction Cost $14.00 Attorney's Fees and Costs $1,318.00 TOTAL $162,487.26 17. The pleadings, exhibits thereto, Defendants' failure to respond to Plaintiffs Discovery, Defendant's Admissions on file pursuant to Pa. R.C.P. No. 4014(b), together with Plaintiffs Affidavit of Amount Due and Loan History, clearly demonstrate that there is no genuine issue as to any material fact, and that Plaintiff is entitled to summary judgment as a matter of law. Further, disposition of the motion will not delay trial in this matter. WHEREFORE, Plaintiff, JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 respectfully prays that this Honorable Court enter judgment of Mortgage Foreclosure in rem in its favor and against Defendants, Donna M. Comp and Marlin L. Comp, jointly and severally, in the amount of $162,487.26, authorizing sale of the mortgaged property, together with additional expenses and interest through the date of judgment and thereafter as provided by the Mortgage and applicable law, plus reasonable attorneys' fees actually incurred, and costs. A proposed order to such effect is filed herewith. Dated: J/< 06-26445 Respectfully submitted, SHAPIRO & KREISMAN, LLC ?f \ BY: eg D.H Smith, quire A e Plaintiff/Movant Attorney I.D. No. 84047 NOTE # 0304230707 ??_ an S: 0101802403 Date: April 814', 2018 State: Pennsylvania Property Address: 1021 Teakwood Lane, Enola, PA 17025 Address #2: Address #3: 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 130, 500.00 (this amount will be called "principal";, plus interest, to the order of the Lender. The Lender is: FIDELITY MORTGAGE INC - NY 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 will be called the "Note Holder." 2. INTEREST 1 will pay interest at a yearly rate of 9.340 %. Interest will be charged on unpaid principal until the full amount of principal has been paid. 3. PAYMENTS I will pay 360 payments of 51,082. 11 representing principal and interest beginning on 06/01/2003 and monthly thereafter. I will make these payments every month until I have paid all of the principal and interest and any charges, described below, that I may owe under this Note. Payments will be applied to interest before principal. If on May 1, 2033 I still owe amounts under this Note, I will pay all those amounts, in full, on that date. 1 will make my monthly payments at FIDELITY MORTGAGE INC - NY 1000 Woodbury Road, Suite 300 Woodbury, NY 11797 or at a different place if required by the Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of my monthly payments by the end of 15 calendar days after the date it is due, f will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment but not less than U.S. $54.11 and not more than U.S. $ 54.11 1 will pay this late charge only once on any 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. If 1 am in default, 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. I may be notified in writing about this default and how to cure it prior to acceleration. Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (C) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid hack for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 5. BORROWER'S PAYMENTS BEFORE THEY ARE DUE I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in a letter that I am doing so. A prepayment of all of the unpaid principal is known as "full prepayment". A prepayment on only part of the unpaid principal is known as a "partial prepayment". The Note Holder will use my prepayments to reduce the amount of principal I owe under this Note. The Debt secured by this mortgage may be prepaid, in whole or in part, at any time. However, should such prepayment be made within the first three years from the date of the loan, there shall be paid to the holder of this mortgage a stmt equal to 5% of the amount prepaid. If I make a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees'in writing to those delays or changes. 1 may make a full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge: shall he reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sutras already cuNeCted 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 tinder this Note or by making a direct `payment to me:. Tf a refund reduces principal, the reduction will be treated as a partial prepayment. VA 7. , RROWER'S HERS Polk p 1 waive my rights to require the -re Holder to do certain things. Those thinb_.are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who signs this Note to transfer it to someone else also waives these rights. These persons are known as "guarantors, sureties and endorsers." 8. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above. A notice will be delivered or mailed to me at a different address V I give the Note Holder 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 certified mail to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a diffe ent address if I am given a notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that any one of us may he required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety or endorser of this Note (as described in Section 7 above) is also obligated to keep all of the promises made in this Note. 10. If I am in default for any reason, you have the right to demand payment of the entire amount I owe you. If Lender requires payment in full or in the event of a foreclosure action, 1 agree that whenever an attorney is used to obtain payment under or otherwise enforce this mortgage or to enforce, declare or adjudicate any rights or obligations under this mortgage or with respect to the mortgaged premises, whether by suit or by any other means whatsoever, reasonable attorneys' fees and disbursements incurred by the mortgagee in connection therewith shall be payable by me and shall be deemed to be part of the debt secured by this mortgage, and that such total amount shall he paid by me with interest, up to the day you actually receive such payment, even after a judgment of foreclosure and sale is granted; in the event of a default, the interest rate will be 16% per annum. 11. BANKRUPTCY If I am permitted to cure a default of this Note or the Mortgage securing this Note pursuant to the United Status Bankruptcy Code (Title 11 U.S.C.) or other applicable law, I specifically agree that the amount necessary to cure the default shall include the sum of all amounts past due under the terms of the Note and/or Mortgage, including all principal, interest, and late charges, and all amounts advanced by Lender pursuant to the terms of the Note and/or Mortgage, including all attorney's fees and interest rate required by the Note and/or Mortgage from the date on which 1 elect to cure the default to the date on which the default is fully cured. Nothing herein shall be construed to allow me any right to cure any default of the Note or Mortgage except as specifically authorized under the United States Bankruptcy Code (Title 11 U.S.C) or other applicable law. 12. APPLICATION OF PAYMENTS Payments will be applied, when received, first to prepayment charges due under the Note; next to pay accumulated late charges under the Note; next to pay any payments due for taxes, insurance or other charges or advances necessary to protect Lender's security, next to interest and finally to principal. 13. DEFAULT IN THE PAYMENT OF THE LOAN AGREEMENT MAY RESULT IN THE LOSS.OF THE PROPERTY SECURING THIS LOAN, UNDER FEDERAL LAW, YOU MAY HAVE THE RIGHT TO CANCEL THIS AGREEMENT. IF YOU HAVE THIS RIGHT, THE CREDITOR IS REOUIRED TO PROVIDE YOU WITH A SEPARATE WRITTEN NOTICE SPECIFYING THE CIRCUMSTANCES AND TIMES UNDER WHICH YOU CAN EXERCISE THIS RIGHT. 14. NOTE SECURED BY A MORTGAGE This Note is a 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 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediattgpxmentyin full of all amounts I owe under this Note. 23 Dated: April-Z+, )2003 Property Address: 1021 Teakwood Lane, Enola, PA 17025 Address #2: Address #3: 7 DONNA C ,f /-/, V r, MAP,L?ld L. CCMP 4ETDELITY iAORl NGE INC - NY 1000 Woodbury Read, suite 300 Woodbury, NY 11797 Parcel is Title insurer: .T P. -- IEU'iFP. :.:"ER Or' DEEDS :_a',L.A11D COUNTY-!'.'. File No., 7 Space Above This Une for Rmbordia'Al???qV? drhiat A{? 9 MORTGAGE Loan Number: 0101802403 MIN Number.100Q76§00012408922 App Number: 0304230707 4)/ 7 _J WORDS 10M OrMN IN TEAS DOCUUM 29 ,11. 7i `C- (A) "Security Instrument." Ttr)s Mortgage, which is Dated April 44-, 2003 will be called the "Security Agreermeat." (B) "Barrorrer(s}." DONNA M. COMP and HARLIN L. COMP residing at 1021 Teakwood Lane, Enala, PA 17025 sometimes will be called Somwer, and sometimes simply "I" of "rte," (C) "Lander." FIMUTY MoFarAsE INC - My will be called 'Lendor_* Lender is a corporation which exists under the laws of the State. of Delaware Lender's address is, 1000. Woodbury Road, Suite 300 _? . Woodbury, NY 11797 ? ?yf, (D) "Note." The Note %iVwd by Borrower and dated April 24-, 2003 wr8 be called the "Note' The Now shows that I owe Leader One Hundred Thirty Thousand Five Hundred and No/100 (_' 130, 500.00 ) puss hnaast. I have promised to pay this debt in monthly payments and to pay the debt la full by May 1, 2033 (L) 'MEIIS". it Mortgage Electronic Re ismation Systems. inc. MHRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this Security Instrumeat. MFRS is organized and existing umdtr the laws of Delaware, and bas an address and telephone number of P.O. Box -20%, Flint, MI 48501-2026, wL (898) 6I9-MERS. (P) "Property." The property that is described below in the section titled "Description of the Propctty" will b called the Property, which is locatod in Cumberland COUNTY, PENNSYLVANIA. (G) "Sums secured," the amounts described below in the section titled Borrower's Transfer to Lender of Rights in the Property sometimes will be called the "sums secured.' DORROWER'S TRANSFER TO IJ2=R OF RIGHTS IN 773E PROPERTY. I mortgage, grata and convey the Property dumbed below to Lender, subject to the terms of this Security instrument. For this purpose, Borrower does hereby mortgage, grant and convey to HERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS those rights that an stated in this Security taatnament, and also those fthn that the law carves to lenders who hold mortgages on real property. Borrower tmdastands and agrees that MERS holds only legal title to the interests grunted by Borrower in that Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right:. to eutclse any or all of thou interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action regttkcd of Lander including, but not limited to, releasing and canceling this Stownty Instrument. I am giving Lender these rights to protect Leader from possible losses that might result if I M to: (A) Pay all the amounts that I owe Lender as stated in the Note, with interest, camel ell renewals, extensions and modifications to the Note; (B) Pay, with interest, any amounts that Lender speeds under Paragraphs 2 and 7 of this Security Instrument to protect the value of the Property and Leader's rUbts in the Property; and (C) Keep all of my other promises and agreements under this Security Instrument, and the Note. BK i 809PG3648 Doc AIM121 - is1M1 ex?lbsl+ 0 do * DESCRIPTION OF THE PROPERTY T give Lender rights In the Property described in (A) through (J) below. (A) The Property located at 1021 Teakwood Lane, Enola, PA 17025 Address $ 2: Address # 3: The legal description of the Properly is more fully described in the Schedule 'A" Legal Description attached 'hereto 'and made a part hereof; (8) All buildings and odwr improvements that m located on the Property described is subparagraph (A) of this section; (C) All rights in other property that I have as owner of thr, Property described in subparagraph (A) of this section. These rights ara known as "easements, rigors and appmenantxs attached to the Property;" (D) All rents or royalties from the Property described in subparagraph (A) of this archon; M AM mineral, oil and gas rights and. profits, water tights and stock that ate part of the Property described in subparagraph (A) of this section; M AI rights that T have in the land which 6es in the streets or roads in front of or Hall to, the Property described In subparagraph (A) of this section; (G) All futures that are now or is the fiutue will W on the Property desm1" in subparagraphs (A) and (11) of this section; along with tint not limited to stoves, refrigumts. washer, dryers, disbwasimrs, ovens, sir conditioning units; M) AN of the tights and property described in subparagraphs (8) through (f3) of this section that I acquire in the Tatum; (r) All replacements of, or additions to, tho Property described in subparagraphs (B) through (Ii) of this section; and (J) AN of the amounts that I pay to Lender under Paragraph 2 below. BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERSHIP OF THE PROP'ERT'Y I promise that: (A) T lawfully own the Property; (B) T have The right to mortgage, grant and convey the Property to Lender; and (C) those are no outstanding claims or charges against the Property. T give a general warranty of title to Lender. This means that T will be fully responsible for say losses which Lender suffers because someone other than myself has some of the rights in the Property which I promise that T have. T promiss that I will defend my ownership of the Property sonst any daims of such rights. PLAIN LANGUAGE SECURM IIJg9'RUWXT This Security Tnsnument contains uniform promises and agreements that are used is real property security agreements all over the country. It contains non-uniform promises and agreements that vary to a limited extent, in different parts of the wuntry. My promises and agreements are stated in 'plain language." T promise and T agree with Lender as follows: 1. VORROWER'S PROMISE TU PAY I will pay to Leader, on time, principal sod interest due under the Now and any prepayment aad hue chargers due under the Note. 2. MONTHLY PAYIIIENT'S FOR TA3= dk IMPANCE A) Barrower'a Ohtigadons I will pay to Lender all amounts necessary to pay for ta=, assessments, leasehold payments or ground rents (if any), and hazard insurance on the property and mortgage insurance (if any). I will pay those amount to Leader unless Lender tells me, in writing, that I do not have to do to, or unless the law requires otherwise. T will mate those payments on the same day that my monthly payments of principal and interest are due ender the Note.. 8K 1809PG3649 DW 220122 - )VMM Each of my payments under this Paragraph 2 will be the cum of the following, (1) Ona•twelfth of the estimated yearly taus and astesscno s on the Property which under the law may be superior to this Security instrument; plus (10 One-twelfth of the estimated yearly leaehold payments or ground rents on the Property, if any; plus (ill) One-twelfth of the estimated yearly premium for hazard insurance covering the Property Of required); plus Ov) One-ewa th of the estimated yearly premium for mottpp instirprwe (if any); plus (v) One-twelith of the estimated yearly premium for flood tnSntante (if required). Tn ac ordance with applicable law, Letider wM astknate from time to time my yearly woes, assessments, leasehold payments or ground tents and losmance premiums. Lender will use existing assseemeats and bills and reasonable estimates of futm assessments and bilk. Lender may, at any time, callect and hold items under Parag wpb 2 in an aggregate amount not to exceed the maximum amount that may be required for Botro*Ws account under rho Reel Rotate Settlement Procedures Act of 1414, 12 USC 2601 at seq., and implementing replations. 24 CFR Part MOD, as they may be amended from time to time. ("MPA"), accept that I will pay to Leader an additional sum equal to one bee of the agpesare amount of yearly payments antler shin paragraph 3 or a tosser amount if required by applicable late. This teem is knoAa as the "teserW or "oushlon," and is permitted by RESPA for unanticipated disburscmwn or disburnman bdore my payments are avail-ibis in the acoomnr. These amounts that I pay to Lander for Awn teems under Puagnpit 2 wM be called the `Fonds," These Funds may be aomrsth4e d with the fiords of the Leader m dose the law requires otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Floods.. Lender may require Borrower to pay a one=time charg_ for an independent real estate tax repordag service used by Lender in connection with the loan, unless applicable law provides otherwise. B) Leader's Obligations Lender will use the Minds to pay the above listed itants. Lender will give to me, without charge, an annual accounting of the Punds. That accounting must show all additions to and deductions from the Flmds and the reason for each deduction. Q Mjustmeau If Lender's estimates are too high or if taxes and insurance rates go down, the amounts that I pay under this Paragraph 2 will be too Imp. If this happans at a time when I am keeping all of my prom'scs and agreements made in this Security Instrument, f will have. the right to have the excess amount either promptly repaid to me as a direct refund or credited to my fume monthly payments of funds. There will be excess amounts if, at any time, the sum of (i) the amours of funds which Lender is holding or kooping, plus (it) the amount of the monthly payments of funds which I Rill inns[ pay between that time and the due dates of there items is greater than the amount necessary to pay the above listed items when they are due. N the Funds exceed the amounts permitted to be held by RESPA. Lender shall deal with excess funds as required by RESPA. Jr, when payments of them items are due, Lender has not received enough Funds to make time payments, T will pay to Lender whatever additional amount is necessary to pay the these items in-full. I must pay that additional amount in one ot-more payments as Lender may require, and permitted by RWA 3. APPLICATION OF BORROWER'S PAy6x8MS Unless the law requires otherwise, Lender vnll apply each of my payments under the Note and under Paragraphs 1 and 2 above in the following order and for the following purposes. KM to pay arty prepayment charges due under the Note; Next, to pay late charges under the Note; Next, to pay any amounts due to Leader under Paragraph 2 above or other advances; Next to pay interest due; and Last to pay principal doe.. OR I809PG3650 Doc 020511 - imr113 4. BORROWERS'S OWGATION TO PAY CRUGES, AWSWUMS AND Cr.AIMB T will. pay all taxes, aasecoments, charges, fleas sad impositions attributable; to the Property and that may be superior to this Security Agreement. T will also make payments doe under any lease if I an a tenant on the Property and I will pay Bound rents (if any) due on the Property. I wig do this either by making the payments to Lender that are described in Paragraph 2 above or, if I am not required to make payments under Paragraph 2, by making the payments on time to time to the person owed them (in this Sec%i Instrument, the word "person" means any person, organization, governmental aothority or other party.) Tf I task* direct payments, that promptly after malting any of than paytneats, I win give Lender a receipt which shows that I hews dons so. If 1 make payments to Lender under Paragraph 2, I will give Lender all notices or bills that 7 receive for the amounts due under this Paragraph 4. Any claim, demand or charge that is made against the Property because an obligation has not been fulfiiled is known as a "lien." I will promptly pay or satisfy all liens against the Property that may be superior w this Secarfty Instrtunent. However, this Security Tnutvmant does not require me to satisfy a sapeTior lied it (A) I agrea, in writing to pay the obligation which gave rise to the superior lien, and Leader approves the way in which i agree to pay that obligation; or (B) in good faith, I argue or defeapl against the superior lien in a lawsuit so that during the kwook the superior fien may not be enforced and no part of the Property must be given rap, or (C) I secure ftom the holder of that other lien an agreement approved in nutrias by Lender that the ran of this Security Instrtaaent is superior to Ike lien bold by that person. Tf Loader detwaineathat say past of the property is subject to a superior lien. Lender may give Berrowx a notice ideotilyiug tfte superior lien. Borrower shat! per or wrisfy tile superior lien or take one or more .of the actions set forth above within 10 days from the giving of notice. 5. BORROWER'S OBLIGATION TO MAINTAim HAZARD ixsustANC$ I will obtain hazard insurance to wryer ax buildW p and other improvements that are now, or in the future, will be located on the Property. The insurance taus cover loss or damage caused by fire hazards normally covered by "extended coverage" batard insurance politics, and other hazards, including floods or flooding, for which lender or state or federal government requires coverage. The insurance mnaf be in the amours and for the periods of time required by Lender or government agency. f may choose the insurance company, but my choice u tubjea to Lender's approval. Lender may not refuse to approve my choice unless the refusal is reasonable. Tf T do not maintain coverage as described above, Lender may, at Lender's option, obtain coverage to protect Lender's Tights in accordance with this paragraph and paragraph 7. If the property is determined to be located in a flood zone that requires flood insurance, as designated by the Federal Emergency Management Agency or another aSenty that has the authority to make such determination, I understand that I will be required to obtain flood insurance Coverage for the property. Ail of the Imuraaee policies and renewals of those policies must indude what is known as a "Standard Mortgagee" clause to protect Lender. The form of all policies and renewals must be aceeptabk to Lender. Lender will have the right to hold the policies and renewals. If Lender requires, T win promptly give Lender all receipts of paid premiums and renewal notices that t receive. Tf there is a loss or damage to the Property, I win promptly notify the insurance company and Lender. If I do not promptly prove to the Imurancc company that the loos or damage occurred, then Lender may do to, no amount paid by the Insurance company is caged "proceeds.- I authorize the Leader to sesle any claims and collect the proceeds on tray behalf and ase them to reduea the amount I owe to Lender under the Note and under this Security instrument (whether or not repairs have been made by me), or Lender may release the proceeds to me for use in the repair or restoration of the damaged Property. Lender may use the proceeds to repair or restore the property or to pay the gums secured. Tf any proceeds are aced to replace the amount of principal which T owe to Lender under the Note, that mne will not delay the duo date or obaaga the amount of. say of my monthly payments under the Note and wader Paragraphs 7 and 2. above. Heweft Lender and I may agree in writing to those delays at changes. OR 1809PG365 I We 420512 - PWr4 If Lender acquires the Property under Paragraph 2S below, all of my rights In the insurance policies will belong to Lender. Also, all of tsy rights in any proceeds which an paid because of damage that occurred before the Properly is acquired by Lender or sold will belong to Lender. However, Lender's rights in time proceeds will not be greater than the sates secared immediately before the Property is acquired by Lender or sold. in the event that Borrower fails to maintain hazard insurance or flood insurance as outlined in this Paragraph 3, or has the poky anixned, then and in chit event, Unddir iritiy obtain the necessary in maco. Lender may charge borrower a `soroharge° to covet the coca and administration of said insurance, and will be Tegx=drle for the payrsent of tbeoa fees and all prcariums on said insurance. If the Lender obtains insurance, it will only provide protection for the premises. Contents, liability and other items will not be insured., Borrower irrevocably assigns to leader all of my right, title and interest In any taxinsuranct escrow refunds, insurance proceeds or the like regatdiess of how desipated, which Were in any way related to the subject ptoperty, and authorises these amounts to be p°d directly to Lender. Leader will credit all payments to the borrower(s) account to the order of priority, as spocilied in paragraph 3 hereof. 6. BORROWER'S OBLIGATION TO MAINTAIN THE PROPERTY AND TO P'IIL=,L ANY LEASE OBLIGATIONS I will keep the Properly in good repair. I will not destroy, damage or substantially change the Property, and I will not allow the property to deteriorate. If I do not own but am a tenant on the property, I will fWA my obligations seder any Inue. I also agree that, if I acquire the fix tick to the Property, my lease havrest and the tee title will not merge unless Leader agrees to the maWr in writing 7. LIINDER'S ]RIGHT TO PROTECT ITS RIGHTS IN TUB PROPERTY: ]MORTGAGE INSURANCE If: (A.) I do not keep my premises and agreements made in this Security Instrument, or (B) someone, including me, begins it legal proceeding that may aft et Lender's rights under the Note or in the Property (sueb as a legal proceeding in bankmptey, in probate, for condemnation or to enforce laws or regulations), Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Note and Property. Lender's setions may include appearing io dourt, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this Paragraph 7, Lender does not have to do so. I will pay to Lender any amount with interca, which Lender spends under this Paragraph 7. 1 will pay those amounts to Lender when Leader sends me' a notice requesting that I do so. T will also pay interest an those amounts at the Note Tate: interest an each amount will begin on the date that the amount is spent by Lender. However, Lender sad I may agree in writing to terms of payment that aye different from those in this paragraph. This Security Instrmrtant will protect Lender in case 1 do not keep this promise to pay those amounts with interest. If Lender required mortgage insurance as a condition of making the loan that T promise to pay under the Note, T will pay the premiums, for that mortgage instance. T will pay the premiums until the requirement for mortgage insurance ends according to my written agreement with Lender or according to law. Lender may require me to pay the premiums in the manna described in Paragraph 2 above. S. LLWDER'S RIGIi T TO INSPECT TSE PROPERTY Lender, and others aathotined by Lender, may emir on and inspect the Property. They must do so in a reasonable teanner and ii reasonable times. 9. AGRVAIENTS ABOUT CONDE'MATION Ole THE PROPERTY A taking of property by any governmental authority by eminent domain is known as 'condemnation." I give to Lender my right: (A) to proceeds of all awards or •chhus for damages resulting from condemnation or other governmental taking of the property and (B) to proceeds from a sale of the Property that is made to avoid condemnation. All of tbose proceeds will be paid to Lender. 8K 1809PG3652 Dec x20533 - PAIRS If all of the Property is taken, the proceeds will be and to reduce the sums secend. If any of the proceeds remain after the amount dtat i owe to Lender has been paid is full, tine remaining proceeds will be paid to me: Unlem Lender and I agree otherwise in writing, if only a part of the Property is taken, the amount that 1 owe to Lender will be reduced only by the amount of proceeds multiplied by the following fraction: (A) the. Met amatmt of the sums secured immedistely before the talon= divided by.(B) rho f4ir market value.of'the Property immediately before the taking. The remainder of the proceeds will be- paid to ice. If I abandon the Prgpeny, or if I do not answer, within 30 days, a notice, flan Leader stating that a governmental authority has offered to make a payment or to settle a dabm for damages, Lender has the authority to collect the proceeds. Lender may them ust the pnoaw& to repair or restore the Property or to reduce tho sums secured. 'Che. 30 day period wig begin when the notice is given. If any proceeds are used to reduce the amount of principal erhich I owe the Leader under the Note$ that use wig not delay the due date or cbange the amount of any of my monthly payments under the Note and under Paragraphs 1 and 2 above. However, Lender and I may agree in writing to than delays or changes. 10. CONTINUATION OF BOBROWU'S OHL1GATiONS AND OF LENDBR'S RIGHTS (A) Borrower's ObBodoas Lander may agow a person who takes ova my rights attd obligations to delay or to cheap the amount of the monthly payments of principal and interest des under the Nobs or under this Security instrrmsehr. Sven If Lender doss ft, howaver, Um person and I will bah soli be My obligated wider the Note and-uadar this Seauity butnutowt. Leader may-allow these delays or changes for a persom who takes over my rights and obligations, even if Lender is requested not to do so. Lender will nor be required to bring a lawsuit against such a person for not fulfilling the obligation of the Note or the 5ecaity instrument. (B) I,ender'a Rights Ever if Lender does not exercise or enforce any right of Leader under this Security IntnVMent or under the law, Lender will still have all of those rights and may ewcise and enforce them in the future. Extensioe of time for payment or modification of amortization of the sums secured by this Security Instrument granted by.Lander to any sumesaur in intatest of Borrower shall not operate to release the liability of the original. Borrower or Sortower's successors is igteresL Any forbearanct by Lender In exercising any right or remedy shall not be a waiver of or preclude the emoise of any right or remedy. Even It Lender obtains intwanca, pays taxes, or pays other claims, charges or liens against the Property, Lender will have the right Media Paragraph 14 below to demand that I make immediate payment in foil of the amount that I owe to Lender under the Note and this Security lastruracnc. It. OBLIGATIONS OF BORROWER AND OF PERSONS TAKING OVER BORROWER'S RIGHTS OR OBLIGATIONS Any person who takes over my right or obligations tinder this Security Instrument will have all of my rights and wig be obligated to keep all of my promises and egreetacau mado irk this Security Instvuotent. Similarly, any Persia who takes over Lender's fights or obligations under this Security Instrument will have aft of Lender's rights sad will be obligated w keep all of Lender's agreements made in this Secisity Instrument. If more than one person signs this Security instrument as Borrower, each of us is fully obligated to keep all of Borrower's promises and obligations contained in this Security Instrument. Lender may enforce Lender's rights under this Secttfity Instrument against each of us individuatly or against all of as together. This meats that any one of us may be regnved to pay all sums secured. However, if one of us does not sign the Note: (A) that person is signing this Security Inmument, only to give that person's rights in the Property to Lender under the terms of ibis Sscutiry Instroment, and ('B) that person is not persottafly obligated to pay the scams seamed; and (C) that person agrees that Lander may agree with the other So -aloe. to delay etK ndag any isf Lmder% rights or so moldy air wake sly accoea Iodations with retard to the taut: of this Socunty Instrument or nix Note without that persons consent. 8K 1809PG3653 nee 420514 - PAt?rd M LOAN CBA GES If the loan secured by this Security Instrument is subject to a law which seta maximum loan charges, and that taw is finally interpreted to that the interest or other loan charges collected or to be collected in connection with the loan exceed permitted limits: (A) any such loan charge shall be reduced by the amount necessary to reduce the cbarge to the permitted limit; and (B) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by ireducing the principal owed under the Note or by making a direct payment to Borrower. If a refund Tedum principal, the reduction will be treated ai a partial prepayment without any prepayment charge under the Note. 13. LEGLSLATWN Ap'r CTWG LENDER'S RIGHTS If a change in applicable law would make any provision Of the Note or this Security Instrument unenforceable, Ladder may.require immediate payment in full of all sums secured by this Security Instrencar. as that phrase is defined in Paragraph 19 below, H Lender requires immediate payment in full under this paragraph 13, Lender will take the steps and may act as specified in Paragraph 19 belo*, 14. NOTICES MUMED UNDER T= SECURITY MSTRUhM +1T Any notice that must be. given to me finder this Seca ty Tasttualetlt will he given by doNvaring it or by mailing it by first dam mail tmku applicable kw requires use of another method. The notice will be addressed. to me at the address stated in the section above, tided "Description of the Property.` A notice'will be given to me at a Whrant address if i give Lander a written aotke of my diffbrent addrets. Any notim that tltnSt be given to Linder under this Security instrument wfil be given by mailing it to 'Ladder's address stated in paragraph (C) of the section above titled "Words Used Often Tn 71is Document." A notice will be mailed to Lender at a different address if Lender gives me a notice of the d'rtTcrent address. A notice required by this Security Instrument is given when it is mailed or when it is delivered according to the requirements of this Paragraph 14 or of applicable taw. 15. LAW THAT GOVERNS THIS SECURITY OMMUAiM This Security Instrwnant is governed by Federal law and the laws of the jurisdiction where the property is located. The borrower hereby consents and agrees that the debt hereby secured, or any part thereof, may be renewed or extended beyond maturity as often as may be desired by agreement between the creditor and any subsequent owner of the property, and no such renewal or extension shall in any way affect the borrower's responsibility, whether as sunny or otherwise. The: borrower and any other party assum;ng liability hereunder hereby consent and agree that if the property conveyed hereby or a substantial portion thereof is transferred to any subsequent owner, and the creditor exercises the right to accelerate the debts securaf hereby, the creditor may accept any delinquent payments or other curt of default giving rise to such acceleration from the them owner of the property or any other person and reinstate the indebtedness in accordance with the schedule of. maturity as of the time of acceleration or upon such new schedule as may be agreed if renewal or extension are otherwise permitted and no such reinstatement shall in any way affect the Gabilty of such prior parties, whether as surety or otherwise. If any terns of this Security instrument or of the Note comets with the law, all other terms of this Security Instrument and of the Note will still remain in effect If they can be given effect without the coofktirlg t&&. Tins means that anyterms of this Security Insmimeert and of-the Note which conflicts with the law can be separated from the remaining terms, and the remaining terms will still be enforced. The borrower hereby waives its right to a jury trial. 16. BORRO'B'ER'S COPY I will be giver am conformed copy of the Note and of this Security Instrunent and hereby acknowledge receipt thereof. BK 1809PG3654 Lee x$0515 - Psarr7 1i1 27. TRANSFER OF THE PROPERTY OR A BBNxncLIL WT x= TN BORROWER If all or any part of the Property or an interea therein k sold or, transferred by Borrower (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person or persons but is a corporation, partnership, trust or ocher legal eatity) without Lenders prior written consent, excluding (A) the creation of a lien or encumbrance subordinate to this Security instrument which does not relate to a transfer of tights or occupancy in the property; (B) the creation of a purchase money security iitteisa for household appliahon (C) a transfer byda ice, descent or by operation of law upon the deaah of a joint tenant; or (D) the gnat of arty leasehold interest of three years or Ica not containing an option to purchase, Tender way, at Lender's option, declare all the sums segued by this Secnray Tnsmattent to be immediately dun and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with Paragraph 14 hereof, and Lander may, in accordance with Pennsylvania law, invoke any remedies permitted by this Security Tnswoncat. Lender may consent to it sale or transfer if (l) Borrower e2nses to be submitted to Leader infortaation required by Lender to evaluate the transferee as if a new loan were being made to the treastcree; (2) Lender reasonably determines that Larders security will not be impaired and that the risk of a breach of any coveasnt or agreement in this Scanty Tnedtuaent is acceptable (3) imerest will be payable on the sums secand by this Security Instruniatt at a rate aoxptMe to Tender; (4) cknges in the terms of the Note and this Security Tmauoaent raqutrad by Lender are made, including, for example, periodic adjustment in the interest rape, it Mato final paymmt due for rite loan, and addition. of unpaid interest tc prindpall; and (5) the transfaree signs an assumption agreement that is acceptable to Leader and that obligates the transferee to keep all the promises and agreements made in the Note and in. this Security Instrument, as modified if required by Lender. To the extent permitted by applicable laws, Lender also may charge a reasonable fee as a condition to Landers consent to any sale or transfer. Borrowers will continue to be obligated under the None and this Security Instrument unless Lender relearns Borrower in writing. 18. BORROWER'S WARRANTIES REGA3t1ING BORYM3 M Borrower states that he will not use, and will not permit airy third party to use the Property or any portinn thereof or interest therein far any purpose that would cause the property to be subject to forfeiture. Borrower further states that the Property has not been acquired with the proceeds from any transaction of activity that would thereby cause the property to be subject to forfeiture. 19. LENDERS RIGHT TO REQUIRE DAMEDIATE PAY=NP IN FM Tf r tail to keep any promises or agtetnenu made in the Note or in this Security Instrument, including the promises to pay when due the amounts T owe to Lender, 1 will be in ck%ult. If this o=urs, the Lender way require that T pay immediately the entire amount then remaining unpaid under the Note and under this Security Instrument. Leader may do this without making any further demand for payment. This requirement will be called "farmediabe Payment in Fh0.- If i am in default for any reason, you have the tight to demand payment of the entire amount I owe you. H Lender requireg payment in fall or in the event of a foreclosure action, T agree to pay reasonable and permissible legal fees, cosh and disbursements, and that such total amount shall be paid by me with interest, as specified In paragraph 25, v p to the day you actually receive :nett paynam, even after foreclosure occurs. In any lawsuit fo'r sale. Lender will have the right'to (J) conecr'aA eom alloyed by law, (i) have the Property sold as one parcel; and (iii) have a Receiver appointed by the Court without first giving notice to me and without regard to the value of the Property. Upon acceleration, Borrower shall have no right to reinstate. All rights and remedies provided in this Security Inscrament are distinct and emulative to any other right or remedy under this Security Tnstrnatent or afforded by taw or equity, and may be exercised concurrently, independently or successively. 1311 un 18O9PG3655 OM 020516 - MCI WWV^.., n „, ,;, .. .a..r: •np.. ., .. -;:.. :;,,: ? a q*? a ..?,.. ,:. , . .Mrs, >. .? .r„y, ..., ...y. ?? .. ?M , • ,y:., .. 20. :LENDBR'S RIGHTS TO RENTAL PAYtV1TiNTS AND TO TAXE POSSESSION OF THE PItQPERTY Tf Lender requires immediate Payment in Poll, or if I abandon the Property, then Lender, persons authorized by Lender, or a receiver appointed by a court at Lender's request may; (A) collect the rental payments, including overdue rental payments. directly from the tenants: (e) cater on and take possession of the Property; (C) manage the Property; and (D) sign, cancel and change leases, It Lender notifies the .tenants, Lender has the tight to oollect •rental payments to Lender without baving to ask whether I furled to keep any promises and agreements under this Security Tnstrument. If there is a judgtent for Leudor in a lawsuit for foreclosure and sale, T will pay to Leander reasonable rent from the dam the judgment is entered for as long as T occupy the Property- However, this does not give me the tight to occupy the property. All rental payments collected by Lender or by a receiver, other than the rent paid by me under this Paragraph 20, will be used first to pay the coats of canectiag rental paymenu and/or managing the Property, If any part of the rental payments remains after those costs have been paid in fall, the remaining part will be used to reduce the amount that i owe to Leader under the Note and under this Security Instrument. The coin of Managing the Property may include the receiver's fees, reasonable attorney's fees. and the cot of any necessary bonds. Leader and cite receiver will be obligated to account only for those rental payments that that' accuaty receive. If T fail to make any payments or ktnep promises under tbis Seemly Instrument Of the Note, then i shalt pay mtatthly in advance to YOU or to aey [waiver a fair Burge for the use of the property Blatt 1 Occupy- If T do tot pay the fair ctraroa, you or the rewivar may sne to collect it or to remove rue, or both. T wilt not collect more than one (1) month's rent In advance from any tenant or occupant without your written consent. 21. LENDER'S OBLIGATION TO DiSCHARt',r'E THIS SECURITY INSTRUMI M When Lender has been paid all amounts due under the Note and under this Security instrument the Lender will release this Security inshmnent and deliver a certificate stating this Security Tnstrtwent has been paid in full. Lender .rill then deliver a certificate stating that this Security instrument her been satisfied. I Will pay all costa of recording the Relax in the proper official records. 22. ADDTIIONAL CHARGES I agree to pay all reasonable charges in connection with the servicing of this loan, including but not limited to obtaining tax searches and bilk and in processing insurance loss payments, ownership transfers, releases, Baser--its, consents, enensions, modifteatiotu, special agreements, assigtunents, reduction certificates, asset recovery and satisfaction- of mortgage. In th event Borrower directs Lender to order any reports, appraisals, searches, exunimtions aneler the litre, 1 agree that the expense for the same is to be added to the balance of the existing mortgage, if same, is not paid within 30 days of written notjfkatton: 23. HAZARDOUS SUBSTANCES Borrower shall not create or suti'er .to exist, or permit any of its agents, employees, contractors, tenants, or invrteae to create or suffer to exist any lien, security Interest charge or encumbrance Igainst the Property or any portion thereof, rekting to any physical or environmental condition, including, but not chaired to, any lien imposed pursuant to section 107(1) of the Supecfund Amendments and Reauthuriaation *Act • of 1905 (42 U.S.C. 96070)) ' m any sioliiar federal, state, or local stature. regulation, rule, order, or ordinance. Borrower shall not cause or permit any other parry to cause or permit the presence, use, disposal, storage or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything; affecting the Property that is in violation of any environmental law. gK I $09P63656 nee ,20517 » 47nM9 Borrower shall promptly give the Lender written notice of any investigation, claim, demand, lawsnk or other action by any governmental or regulatory agency or private parry involving the Property and any Hazardous Substance or snvironmstrtaI law, of which the Borrower has actual knowledge or should have actual knowledge. If Borrower learns or is notified by any governmental or regulatory authority that any mnoval or remcdiation of M Hazardous Substance affecting the Property is necessary, Borrower shall promptly take necessary remedial, removal, and other actions necessary to clean up and remove *U--Hgmdoos Substsiaces, solid wastes, or cantaminanu on, in, boas; or affecting the property or any portion thereof. In aosordarm with environmental law, to the satisfaction of tilt lender and in accordance with all orders and directives of govatmtertal authot>ties having jmrisdic6oa over the Property and/or such substances or materials. if Borrower fail' to take remedial action. and upon receipt of notice from any party assorting the existence of any Hazardous Substances affecting the property that if trus may result in an order, suit, imposition of a lien on the property, or other action, or if the lacier in good faith believes would jeopardize its seceucity interest, the Larder at its option shall take whatever action is neceseM in scomdanae with temroamentill law, to clean up, remove, resolve or otherwise remediate floe Situation. Ail reasonable costa and expenses paid or incurred by Lender in the exercise of such rights shall be secured by the liens securing this loan and shall be payable by borrower upon demand by Vender. Borrower shall indemnify. exonerate, defend and hold hermiess Lender, its offiamrs. directors, sharebdders. agents, and employees, ft o and against arty and al claims, demand; obligations, ptxtalties, fifes. Wits, liabilities, settlemems, damages, lasses, costs. and expanses (iaelading but not limited to, attorney ertd consultant fees artd expenses. in•etcipido t fees. laboratory a4wases, cleanup casts, court costs, and other expenses of Motion or arbitration), as wen as any such tees and expenses incurred in enforcing this indemnity, and any violation of any applicable environmental laws in effect on or before the date hereof or hereafter made effective. As used in this document, "Hazardous Substencea" are thou substances defined as toxic or hazardous substances by Etnvirom ental Law, and rho following substances.. gasoline, kerosene, other flammable or toxic petroleum products or by-prodrscts, toxic pesticides, herbicides and fungicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this document, "Environmental Law" moans federal, state, and local laws, statutes, rules, regulations, judicial orders and decisions that relate to health, safety or environmental protection and maintenance in the jurisdiction where the property is located. 714. fdISCELLAMOUS PROVISIONS (A) In the event that the holder of this Security Instntment be required to retain legal counsel for the purpose of commencing foreclosure proceedings hereunder, a reasonable sum shall be added to the said indebrzdaess, as fair and reasonable legal fees and downed secured hereby in addition to expenses, costs, allowances as provided by law. (E) if this Security Instrument involves a t oadominiam unit, any fa lure to pay common charges when they become due shaft be considered a default under the terms of this Security Instnanent. (C) if I am permitted to ewe a default. of this Note or site Mortgage securing this Now purmanrt to the United States Bankruptcy Code (Tick 11 U S.C.) or other applicable kw. I specifically agree that the amount necessary to care the default shall include the sum of Sig amoaets past due under the terms of the Note an Wor Mortgage, including tip ptindpai, iaterest, and late charges, and all amounts advanced a by Leader pursuant to the terms of the Note and/or Mortgage, including all attorneys fees and interest rate required by the Note and/or Mortgage from the date on which 1 elect to cure the default to the date on which the default is fully cared. Nothing harain shall be wastrued to allow rue any right to cure any defauk of the Note or Mortgage except as Specifically authorized under the United States Bankruptcy Code (Title 11 U.S.C.) or other applicable law. OK { 809PG3657 Doe 420511 - rturrl0 (n) In the event that Lender shall advance any money in order to pay Borrower's insurance, taxes and/or hazard insurance and/or any other judgments, lens, violations, or actions under paragraph 23, then Borrower will pay intend on the sums advanced at the fate specified in Borrower's Note. (L) In the event the premises suffers damage or Borrower's statements and/or representations have been found to ba false prior to tha disbursement of funds, Lender, in its sole discretion, may cancel this Note and Lender shall have no further obligations to the Borrower. Lender agrees that Lender will file a Satisfaction of Mortgage in the-cowrty this Seauity instrument is filed with the Office of the County Clerk prior to cancellation by Leader. M In the event that any Chock paid by Bormwer to Lender is returned nutp.% then and in that event Lender may, it Leader's option, require bank or certified funds for each payment made thereafter. (G) in the event the Borrower(s) batch cause or bring any action, proceeding or petition for the assignment, liquidation or rearrangement of their total indebtedness under arty federal, state or local statute, and in such event there is an improper impairment of the lien of this Security Instrument within the meaning of airy Title, Code or Iced statute therein relevant, them shall be allowed, awarded and granted to the holder of this Security instrument by the court or tribunal having jurisdiction thereof, reasonable legal foes incurred to protect the lien of this Security Instrument against such improper impairment, or in the event the holder of this Security Instiment is required to bring on any motion or proceeding to vacate any stay or compel rejection of any proposed plats. Such award of reasonable counsel fens shall be bused upon the reasonable hourly bilft rasa of an oltperienced real estmelf ankraptsy practitioner within the jurisdiction of the eohnt or thiboenal, and without arty reTarenes or regard direct or indirect to the mow d1s0aed theory of "economy of admiaistatim.• (8) In addition, Lender shalt be entitled to charge interest on all accrued interest, foreclosure costs, attorney fees whether incurred as a result of the foreclosure or the bankruptcy proceeding, or other pre-petition arrearage payable pursuant to or through any plan in the bankruptcy proceeding. The interest rate shall be the same rare. charged under the Note secured by this Security Irotruraenc. 25. ACCELERATIONi DEFAULT; >i 138 In the event of a default by Borrower, in any of its covenants and agreements hereunder or in the event of a breach at any of Borrower's representations and warranties herein. Lender, at its option, may require immediate payment in full of all sums secured by this Security ittstroment witbout further demand or notice to Bohrowcr and may invoke any remedy permitted by apptkabk law. If the knder requires payment in full, or in the event of a foreclosure action, 1 agree to pay reasonable legal zees, principal and incereat, costs and disbursements, allowances and additional allowances as may be awarded by any judgment of foredesum and sale added thereto. After acceleration and until a judgment has been entered, I shalt pay this total amount with interest, rap to the day you actually receive such payment, at the following interest rate. 2)L6$ if this is a mortgage in excess of $50,000.00; or b) the: Note rate if this is a mortgage beating an original priniepal amount between $5,000.00 and 550.000.00. After a judgment has been rendered, the interest rate wig be the highest permitted by the state of Pennsylvania. In addition, lender shall be eatldrA to collect all expenses incurred in prorating the remedies provided in this paragraph 25, including, but not limited to, rossonable attorney's fees, and costs of title evidence. Upon acceleration, Borrower shall have no right to reinstate. All tights and remedies presided in this Security Instrument are distinct and cumulative to any, other right or remedy tinder this Security Instrwnent or afforded by law or equity, and may be exercised concurrendy, independently or successively. 6K I809PG3658 nor. 4105t9 - Fa14'31 BOIJUMER'S COMPLTANCE a) Upon the request of the Leader, its sucommors at assigns, I shall: 1) furnish and execute any documents rogoired by the Lender to verify the troth and accuracy of any information provided by me in connection with my mortgage loan, including. but not limited to, incomo, employment, deposit and loan authorizations and verifications, income tax returns, and contracts and settlement statements for the ante of other properties; 2) execute any document shat should have been signed at or before the dosing; re-eucute any document signed at or before the closing; and exeeun that which was incorrectly drafted and signed at the dQdng, including but not limited to, carreaion Rotes, eorreetioa 1004818es and other correction instruments; 3) furnish any documents required by, and comply with any conditions, wort and/or certificates set forth in Lender's appraise) rcpon or firm commitment; 4) execute any additional documentation and provide any additional iaforruation required by the Lender to facilitate the sale of the mortgega into the secondary mortgage muket. L) I mpresem and agree that all request by Lender will receive the full cooperation arf and compliance by me within five days of the making of the requests, and the obligation hereunder shall survive the closins. c) Tt is further agreed that my failure to comply with the repmaatations and agreane nta hereunder shall com itmte a dcWt ender the note and mortgaps exeaded in connection with Ibis agreement, and shall entitle the Lender, its smoeasors or assigns to vW and all of the temediea available upon default under the note and/or mortgage, including collection of default interest, attorney's fees, costs and disbursements. 36. kroERS TO TM S SeCURIrX INSTRU!' M If one ur more riders art executed by Borrower and recorded together with this Security Instrument, the promises and agreements of each are incorporated as a part of this Security Instrument. . [Check applicable box(es)] _Adjustable Rate Rider _,8iweekly Payment Rider -Condominium Rider -Graduated Payment Rider _1•4 Family Rider _PW med Unit Development Rider _--,,Rate Improvement Rider Second Home Rider „_ V.A. Rider .-.-Other BY SIGtGKG BELOW, Borrowers accept and apee to the promises and agreements contained in this Security Instrument and in any rider(s) signed by me and recorded with it. 1 0 "? . C"' . DONNA M. COMP ? . ,TN L. CCHP ? on i 809PG3659 Dec #20520 - RAM12 SCATS OF P IF County sc: on this g$t day of April 2003 before me, the nndenigned, a Notary Public in snd for said County, personalty appeared DONNA M. COMP, MARLIN L. COMP and acknoWrkdpd the w=VZion of rho tomt0ing incavmont. WrIWESS my hand snd official seal. My Commission Expires; Notuy Public HemaApre itf. Net?felf ? Mcshaa ? Conm hfy ?ie? ??e% CwnberM ?xP+? Mor. 24, ?Y nlatKfar, PonfKyMdruaAA6ooatjp??N?a i (!;r• I this to be recorded 1:• ' la'.;JLxland County PA Recorder of Deeds 6K 1809PG3660 poe •2D523 - PNTC13 y .: . •rM .-w;w v-??b.P ? .:. , w, it 4 \a i Y* All VAT CERTAIN TRACT OR LOT OF LAND SITUATE, IN EAST PEVNSBORO TOWMI11P, CUA03ERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED A14D DESCRIBED AS FOLLOWS, TO WIT, BEGI NNAMG AT A POINT ON THE NORTIMRN I= OF TEAXVOOD LANE, AT THE LINE OF AW024SR M WEEK LOT NOS. 75 AND 74 ON THE HBREAFTFR MENTIONED PLAN OF LOTS, TIMNC E ALONG SAID LINE OF ADJOINER NORTH 12 DEGREES 54 MIlVUMS WEST, 105 FEET TO A PO= AT LOT N0.63; TAENCE ALONG LOT NOS. 63 AND 64. NORM 77 ,DEGREES 06 MINUM EAST, 35 FEET TO A POW ON THE LT,NE OF ADJODIER HETWBEIV LOT NOS. 14 AND 73;THENCE ALONG SAOD LINE OF AWOAM SOUM 12 DEGREES S4 MINUT M EAST, 105 FEET TO A POWr ON IM NORTHERN LINE OP TFARWOO LANE; TMCE ALONG MM NORTBERWLDM O(FTEAKWOOD LANE SOUTH 77 DEGREES 06 MINVM WEST, IS FEET TO THE POINT AND PLACE OF z?cn?rr?a. BEING KNOWN AS LOT NO.74 AND FINAL PLAN NO.1 OF TU MONT, AS RECORDED IN PLAN BOOR 34, PACE 131, IN THE CUMMMM.IND COUNTY RECORDER'S OFFICE. fir.. SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., ATTORNEY I.D. NO. 86727 JOSEPH REJENT, ESQ., ATTORNEY I.D. NO. 59621 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 MEGAN D.H. SMITH, ESQ., ATTORNEY I.D. NO. 84047 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 12650 Ingenuity Drive Orlando, FL 32826 PLAINTIFF VS. Donna M. Comp 1021 Teakwood Lane Enola, PA 17025 Marlin L. Comp 1021 Teakwood Lane Enola, PA 17025 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: d(9 3631 elo' 1. COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE c"? - v V1 T YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO«' TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 1?O, I I ".,TOWREALAWYER, TIM OFFICE :MAYBE ABBE--~- , TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. exMA&k M C % Cumberland County Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Telephone: 7 l 7-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., ATTORNEY I.D. NO. 86727 JOSEPH REJENT, ESQ., ATTORNEY I.D. NO. 59621 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 MEGAN D.H. SMITH, ESQ., ATTORNEY I.D. NO. 84047 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the COURT OF COMMON PLEAS registered holder of the Home Equity Loan CUMBERLAND COUNTY Asset-Backed Certificates, Series 2003-2 12650 Ingenuity Drive NO: Orlando, FL 32826 PLAINTIFF VS. Donna M. Comp 1021 Teakwood Lane Enola, PA 17025 Marlin L. Comp 1021 Teakwood Lane Enola, PA 17025 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2, the address of which is, 12650 Ingenuity Drive, Orlando, FL 32826, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY Mortgagor(s): Dorma M. Comp and Marlin L. Comp (b) Date of 1\4ortgage: April 23, 200 Recorder of Deeds Cumberland County. Mortgage Book 1809 Page 3648 Date: May 5, 2003 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY Assignee: JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 Date of Assignment: As Recorded Recording Date: As Recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 1021 Teakwood Lane, Enola, Pa 17025 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." 5. The name and mailing address of each Defendant is: Donna M. Comp, 1021 Teakwood Lane, Enola, PA 17025; Marlin L. Comp, 1021 Teakwood Lane, Enola, PA 17025 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is .in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of October l; 2004 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of May 16, 2006: Principal of Mortgage debt due and unpaid Interest currently due and owing at 9.34% per annum calculated from September 1, 2004 at $33.11 each day Late Charge of $54.11 per month assessed on the 16th of each month from October 16, 2004 to May 16, 2006, (20 Months) Escrow Advances made by Plaintiff Suspense/Unapplied Balance Accrued Late Charges NSF Check Fees Property Inspection Title Search/Report Fees Attorneys' Fees and Costs TOTAL $129,373.52 $20,627.53 $1,082.20 $3,209.88 $(408.36) $649.32 $60.00 $52.50 $250.00 $1,500.00 $156,396.59 9. Interest accrues at a per diem rate of 33.11 each day after May 16, 2006, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the. act of March 14, 1978 (P.L. 11, No. 6),41 P:S: Section 403 et seq.,-and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & KREISMAN, LLC Date: &Y-\ IBY: Attorneys for Pl ' tiff S & K File No. 06-26445 FIDELITY MORTGAGE INC - NY 1000 Woodbury Road, State 300 Woodbury, NY 11797 Parcel is Title Insurer: :..:`ER Orr DEEDS : l?LMID COUNTY-r 1, No.: p;? AEI 9 17 S ace Above This Line for Retordi a ' MORTGAGE Loan )lumber. 0101802403 MIN' Numbec100Q76?00012408922 App Number. 0304230707 WORDS USED OMN IN THIS DOCUMENT (A) "Security Instrument." This Mortgage, which is Dated April $4', 2003 will be called the "Scanty Agreement." (B) "Borrower(s)." DONNA M. COMP and MARLIN L. COMP residing at 1021 Teakwood Lane, Enola, PA 17025 sometimes will be called Borrower, and sometimes simply "I" or "me." (C) "Lander." FIDFJ,ITY MQMr,C GE INC - NY will be called 'Lender.* Lender is a corporation which exists under the laws of the State. of Delaware Lenders address is: 1000, Woodbury Road, Suite 300 Woodbury, NY 11797 .3 may/, 'y( e (D) "Note." The Note signed by Borrower and dated April 24-1 2003 will be called the "Note " The Note stows that I owe Lender One Hundred Thirty Thousand Five Hundred and No/100 (_' 130,500.00 ) pin irmaL i have promised to pay this debt in monthly payments and to pay the debt is full by May 1, 2033 (I;) IMERS" it mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lenders successors and assigns. MERS is the mortgagee under this Security instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box -2026, not, MI 48501-2026, tel. (898) 679-MFRS. (P) "Property." The property that is described below in the section titled "Description of the Property" will be called the Property, which is located in Cumberland COUNTY, PENNSYLVANIA. (G) "Slims secured," the amounts described below in the section titled 8orrowees Transfer to Lender of Rights in the Property sometimes will bo c3tucd the "sums secured., BORROWER'S TRANSFER TO LENDER OF RIGHTS TN THE PROPERTY I mortgage, grant and convey the Property described below to Lender, subject to the terms of this Security Instrument. For this purpose, Borrower does hereby mortgage, grant and ccmey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successm and assigns of MARS those rights that are stated in this Security Immanent, and also those tights that the law gives to lenders who hold mortgages on real property. Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Seartity Instrument, but, if necessary to comply with law of custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the sight to foreclose and., sell the Property; and to patio any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. I am giving Lender these rights to protect Lender from possible losses that might result if I fall to-. (A) Pay all the amounu that I owe Lender at stated in the Note, with interest, and all renewals, extensions and modifications to the Note; (8) Pay, with interest, any amounts that Lender spends under Paragraphs 2 and 7 of thu Security Instrument to protect the value of the Pmpcny and Lender's rights in the Property; and (C) Keep all of my other promises and agreements under this Security Instrument, and the Note. 8K i 888PG3648 Doc #20121 - WMr2 \ f 'Et?tsT A DESUIPTTON OF Tin PROPERTY I give Lender rights in the Property described in (A) through (]) below. (A) The Property located at 1021 Teakwood Lane, Enola, PA 17025 Address 1 2: Address 13- The legal description of the Properly is more fully, described in the Schedule "A" Legal Description attached heron and made a part haeof: (13) All buildings and otter improvements that aro located an the Property described to subparagraph (A) of this section; (C) Ail rights in other property that I have as owner of the Property described in subparagraph (A) of this section. Them rights are known as "easements, rights and appartenances attached to the Propertyi" (D) All rents or royalties from the Property described in subparagraph (A) of this section; (E) All mineral, oil and gas rights and. profits, water rights and stock that art part of the Property described in subparagraph (A) of this section; M An rights that I have in the land which tics to the meets or toads in from of or next to, the Property described In subparagraph (A) of this section; (G) All fixtures that are now or In the fume will W an the Property described in subparagmphs (A) and (11) of this section; along whh lint not limited to stoves, refdaerarors, washers, dryers, dishwashers, ovens, air conditioning units; (RD Ali of the tights and property described to subpar pVbs (B) through (0) of this section that I acquire in the future; (1) All replacamcents of, or additions to, the Property described in subparagraphs (B) through (H) of this section; and (J) An of the amotuits that I pay to Lender under Paragraph 2 below, BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO DRMM OWNl?RSFIIp OF TEE pa*MRTY I promise that; (A) I lawfully own the Property: (B) I have the right to mortgage, grant and convey the P'rapetty to Lender; and (C) thorn art no outstanding claims or charges against the Property. T give a general warranty of title to Lender. This means that I will be fully responsible for any losses which Lender suffers because someone otter than myself has some of the rights in the Property which I promise that I have, 1 promise that I wilt defeod my ownerstd? of the Property tigainst any daims of such rights. PLAIN LANGUAGE SECURITY D151'Rt1MEh'T This Socurity Instrument contains uniform promises and agreements that are used in real property security agrocruents all over the country. It contains non-uniform promises and agreements that vary to a limi%4 octent, in different parts of the country. My promises and agreements are stated in "plain language." I promise and I agree, with Lender as follaft 1. BORROWER'S PROMISE TO PAY I will pay to Leader, on time, principal and interest due under the Note and any prepayment and late charger due under the Note. 2. MONTHLY PA7fbMM FOR TAIM k INSURANCE A) Borrower's Obilgadoas I will pay to Lender all amounts necessary to pay for taxes, assessments, leasehold payments or ground rents (if any), and hazard insurance on the property and mortgagt insuranoo (if any). I VAII pay those amount to Lender unless Leader tells me, in wtitieg, that T do not have to do to. or unless the law requires otherwise. I will make those payments an the same day that my monthly payments of principal and interest are due under the Nate. 8K 1809PG3649 Doc $201122 - mmm :-•.lww-Naa1 Misua,xiNN iJ111M1?k•a?•ryNip•. Each of my payments under this Paragraph 2 will be the cum of the following: (1) One twelfth of the estimated yearly taxes and at am on the Property which under the law may be superior to this Security Instrument; plus (ii) One-twelfth of the estimated yearly leasehold payments or ground rents on the Property, if any; plus (01) Otwtwelith of the estimated yearly premium for hazard insurance covering the Property Of required); phhf ov) Ona-twatfth of the estimated yearly ptemhtta for mortgage insurance (if any), plus (r) One twoMh of the esrimated-yeatly premium for flood insurance (f required). in accordance with applicable law, Lander will estimite from time to time my yearly taxes, assessments, leasehold payments or ground tents and insurance premiums. Lender win use existing essessments and bills and reasonable estimates of future aaussments and. bills. Lender may, at any time, collect and hold items under Paragraph 2 in an aggregate amount nut to exceed the maximum amount that may be required for Borrower's account under the Real Estate Settlement Procedures Act of 1974, 12 USC 2601 et seq., and implementing regulations, 24 CFR Put 3500, as they may be amended from time to time. ("RWA"), except that 1 will pay to Leader an additional sum equal to onesisth of the aggregate amount of yearly payments under this paragraph 2 or a lesser 'amount It. required by applicable law. This sum is kaowe as the "tesema or "cushion," and Is permitted by RESPA for unanticipated disbursements or disbursements before my payments are availabie in the acooamt. 'these smcurds drat I pay to Lander for sheer items under Yaragraph 2 will be salted the "Funds." 'these Funds may be commingled with the funds of the Leader talon the law requires otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be requir:d to pay Borrower any interest or earnings on the 1lrnds.. Lender may require Borrower to pay a onetime charge for an independent real estate tax reporting service used by Lender in connection with the loan, unten applicable law provides otherwise. B) Lenders ObtlguU ms Lender will use the Funds to pay the above listed items. Lender- will give to me, without charge, an annual accounting of the Fun&. That accounting musts show all additions to and deductions from the Funds and the reason for each deduction. 01 Adjustra"(4 If Lender's estimates are too high or if taxes and insurance rate% go down, the amounts that 1 pay under this Paragraph 2 wil) use too large. If this happens at a time when I am keeping all of my promises and agreements made in this Security Instrument, I will have. the right to have the excess amount either promptly repaid to me as a direct refund or credited to my future monthly payments of funds. There will be excess amounts if, at any time, the sum of (i) the amount of funds which Lender is holding or keeping, plus (it) the amount of the mom" payments of funds which I sail mast pay between that time and the due dates of these items is greater than the amount necessary to pay the above listed items when they are due. If the Funds excoad the amounts permitted to be held by RESPA, Lender shall dad with excess funds as required by RESPA. If, when payments of these items are due, Lender has not received enough Funds to make those payments. I will pay to Lender whatever additional amount is necessary to pay, the these items in-full. I Must pay that additional amount in one or-more payments as Lender-may require, and permuted by R>;SFA 3. APMICATiON OF 301MOW91k'6 PAYM18?+rTS Unless the law requires otherwise, Lender will apply each of my payments under the Note and under Paragraphs I and 2 above in the following order and for the following Purposes: Rest, to pay any prepayment charges due under the Note; Nett, to pay late charges under the Notei Next, to pay any amotmp due to Lender under Paragraph 2 above or other advances; Next to pay interest due; and Last to pay principal due. BR 1809PG3650 Doc s2CS11 - rArtt? 4. EOItROWERS'S OBI.IGAUON TO PAT CHARGES, ASSESSMENTS AND CLAIMS T will pay all taxes, assessments, charges. fines and impositions attributable to the Property and that may be superior to this Security Agreement. i will also make payments due under any lease if 1 am a tenant on the Property and I will pay ground rents (if any) Clue On the Property. I will do this either by making the payments to Lender that are described In Paragraph 2 above or, if i am not required to make payments under Paragraph 2, by making the payments on time to time to the person owed them (In ilTh Security Instrument, *the -word "person" means any person, organization. governmental suthority or other party.) Tf I snake direct payments, then promptly after making any of those payments. I will give Lender a receipt which shows that I have done so. If i make payments to Lender under Paragraph 2, t will givo Lender all notices or bats that I reccivo for the amounts due under this Paragraph 4. Any claim, demand or charge that is made against the Property because an obligation has not been fulfilled is known as a "lien." I will promptly pay or satisfy all liens againtt the Property that may be superior to this Secority instrument. However, this Security instrument does not require me to satisfy a . superior lien if, (A) I agree, in writing to pay the obligation which gave rise to the superior lien, and Lender approves the way in which I agree to pay that obligation; or (B) in good faith, I argue or defend against the superior Hen in a htw oh so that during ft larraak the superior lien may pot be enforced and no part of the Property most be &en W, or (C) I secure Root the Milder of that other lien an agnomen approved in writing by Lender that the Hen. of this-Seeutity Instrument is supaim to the hen held by that person. If Leech detaadna.tbat stay part of the Property is subject to a superior lien, Leader may give Borrower a notice identifying the superior lien. Borrower shall pay or satisfy the superior lien or take one or more of the actions set forth above within 10 days from the giving of notice. S. BORROWER'S OBLIGATION TO MAINTAIN HAZARD WSURANCE I win obtain hazard insurance to cover all buildings and other Improvements that are now, or in the future, will be located on the Property. The insurance must cover loss or damage caused by fag hazards normally covered by "extended coverage" hazard insurance policies, and other haiardc, including floods or flooding, for which tender or state or federal government requires coverage. The insurance must be in the amounts and for the periods of time required by Lender or govcnnnent agency. I may choose the insurance company, but my choice is subject to Lender's approval. Lenda may not refuse to approve my choice unless the refusal Is reasonable. If I do not maintain coverage as deacribcd above, Under may, at Leader's optios, 'obtain coverage to protect Lender's rights in accordance with this paragraph and paragraph T. If the property is determined to be tooted in a flood zone that requires flood insurance; as derignatod by the Poderai Emargoacy lSaaagement Agcacy or another agency that has the authority to make sueb determination, I understand that I will be required to obtain flood insurance coverage for the property. All of the insurance policies and renewals of those policies must include what is known as a "Standard Mortgagee" clause to proteat Lender. 'Ilse form of all policies and renewals must be acceptable to Lander. Lender will have the tight to hold the policies and renewals. If Leader requires, T will promptly give Lender all receipts of paid premiums and renewal notions that I receive. If there is a Was or damage to the Property. T win promptly notify the insurance company and Lender. If I do not promptly prave m the ituaranct company that the toss: or damage ocwured, then Lender . may do to. no amount paid by the Insurance company is called "ptueeeds' i authorize the Lender to se tie any claims and collect the proceeds on my behalf and use thom to reduca the amount 1 owe to Lender under the Note and under this Security Instrument (whether or not repairs have been wade by me), or Lender may release the proceeds to me for use in the repair or restoration of the damaged Property. Lender may use the proceeds to repair or restore the property or to pay the sums secured. If any proceeds ate used to replace the amount of principal which I owe to Lender under the note, that use will not delay the due date or elutup the amount of any of my monthly payments undo the Note: and under Paragraphs 1' and 2 abate. However, Lender, sad I Wray agree In writing to, those delays or changes. 8K 1809PG365 I Dec. 420512 - PNfr4 If Lender acquires the Property under Paragraph 2S below, all of my rights In the ins a-ance policies wilt belong to Lender. Also, all of my rights in any proceeds which are paid because of tlamage that occurred before the Property is acquired by Lender or sold will belong to Lender. However, Lender's rights in those proceeds will not be greater than the sums secured immediately before the Property is acquired by [ender or sold. In the event that Borrower fails to maintain hmrd insurance or flood insurance as outlined in this Paragraph 5, oii has the polity cancelled, theti and in slim event, Under iday obtain the necessary, insurance. Lends may charge borrower a "wHcharge° to cover the costa and administration of said insurance, and vn91 he re i)ondble for the psyaatut of these fees and all premiums on said insurance. If the Lender obtains insurance, it will only provide protection for the premises. Contents, liability and other items will not be insured.. Borrower irrevocably assigns to lender sit of my right, title and interest in any MAnsurance escrow refunds, insurance proceeds or the like regardless of how designated, which is?are in any way related to the subject.property, and authorizes these amounts to be paid directly to Lender. Lender will credit all payments to the borrower(s) account in the order of priority, as specified in paragraph 8 hercar. 6. BORROWER'S OBLIGATION TO MAINTAIN THE PROMTY AND TO rEMM LL ANY LEASE OBLIGATIONS I will keep the Property in good repair. I will not destroy, damage or substantially change the Property, and I will not allow the Proptaty to deteriorate. If I do not own but am a tenant on the property. I will fulfill my obligations tmdar any )ease. I. also agree that, if I acquire the fee title to the Property, my lease interest and the fee title will not merge unless Lender agrees to the aterger in writing. 7. LOWER'S RLGHT TO PROTECT M RIGHTS IN TEM YROPERTY: MORTGAGE INSURANCE If: (A) I do not keep my promises and agreements made in chit Security Instrument, or (B) someone, including me, begins a legal proceeding that may affect Leader's rights under the mots or in the Property (such as a legal proceeding in bankruptcy, in probate, for condemnation or to enforce laws or regulations), Lender may do and pay for whataver is aecestary to protect the value or the Property and Lendees riots in the Nou and Property. Lcodet's actions may include appearing in court, paying reasonable attorneys' tees and entering on the Property to make repairs, Although Lender may take action under this Paragraph 7, Lender does not have to do so. I will pay to Lender any amount with interest, which Lender spends under this Paragraph 7. I will pay those amounts to Lender when Leader sends the a notice requesting that I do so. I will also pay interest on those amounts at the Note rate. Interest on each amount will begin on the date that the amount is spent by Lender. No'wcveT, Undo and I may agree in writing to terms of payment that art differenr from those in this paragraph. This Security Instnunent wilt protect Lender in case I do not keep this promise to pay those amounts with interest. If Lender required mortgage insurance as a condition of making the loan that I promise to pay under the Nato, I will pay the premiums for that mortgage insurance, I will pay the premiums until the requirement for mortgage insurance ends according to my written agreement with Lender or according to law. Lender may require me to pay the premiums in the manner described In Paragraph 2 above. $. LENDER'S RIGHT TO INSPLCC TISB PROPERTY Lender, and others autbmiaed by Leader, may enter on and inspect the Property. They lava do so in a reasonable manner and at Teasomable times. 9. AGVJWAOMS ABOUT CONDEIvINATION OF TM PROPERTY A taking of property by any governmental authority by eminent domain is known u *condemnation." I give to Lender my right: (A) to proceeds of all awards or claims for damages resulting from condemmdon or other governmental taking or the property and (B) to proceeds from a sale of the Property that is made to avoid condemnation. Ali of those proceeds will be paid to Lender. BK 1809PG3652 W-- 220SU - PAMi'S If all of the Property is taken, the prxxds will be used to reduce the sums secured. If any of the proceeds remain after the amount that i owe to Lender has been paid in fibs, the remaining proceeds will be piid to me: Unless Lender snd I agree otherwise in writing, if only a part of the Property it taken, the amount that 1 owe to Lender will be reduced only by the amount of proceeds multiplied by the following fraction: (A) the total amount of the stuns secured immediately before the taking divided by -(B) Llts fgtr market yalne.of the Property immediately before the taking. The remainder of the proceeds will be paid to tote. If i abandon the Prpperty, or if I do not answer, within 30 days, a notice from Lender stating that a governmental authority bas offered to snake a payment or to settle a datto for damages. Lendex has the authority to collect the proceeds. Lender may then us* the proceeds to repair or renore. the Property or to reduce the sums secured. The. 30 day period will begin when the notice Is given. If any proceeds are umd to reduce the amount of principal which I owe the Lender under the Noce; that use will not delay the due date or cbaage the amount of any of my monthly payments under the Note and under paragraphs 1 and 2 above. However. Lender and I may agree in writing to those delays -or changes. 10. GONTINOATION OF SORROWER'S OBLIGATIONS AND Or LRMZR'S 1l:IGIMI (A) Derrewer'a Obligations Lenders rosy allow a person who takes over my iighu and obligations to delay a to change the amount of the monthly payments of prindpd and lnterest due under the Note or rftnder this Security Instrument. Even If Lender dons @us, however, that person and I wX both still be fully obligated under the Note and-under this Security Instrument Lander may allow these delays or changes for a person who takes over my rights and obligations, even if Lender is requested not to do so. Lender will nor be requirod to bring a lawsuit against such a person for not fdtfilling the obligation of the Note or the Security Instrument (B) Lender's Rights Even it Lender does not exercise or enforce any right of Leader under this Secntity Instrument or ender the law, Lender well still have all of those rights and may exercise and enforce them In the future. 2xtensioh of time for payment or modification of amot*arion of the soots secured by this Security instrument granted by Lender to any succosaor in intatut of Borrower shalt not operate to release the liability of the origitxii.Botrowty or Horrower'a sueadsors in interest. Any forbearance by Lender in exercising any right or remedy shalt not be a waiver of or preclude the cscttise of any right or nmtedy. Even if Lender obtains insurance, pays taxes, or pays other claims, charges or funs against the Property, Lender will have the tight under Patagrnpit SS below to demand that I make immediate payment in full of the amount that I owe to Lender under the Note and this Security tostrument. 11. OBLIGATIONS OF BORROWER AND OF PERSONS TAKING OVER BORROWER'S RIGHTS OR OBLIGATIONS Any person who takes over my right or obligations under this Security Instrument will have all of my rights and wilt be obligated to keep aq of my promises and agreements made in this Severity lefirhmtot. Similarly, any person who takes over Lenders rights or obligations under this Security Instroment will bane all of Leadees Tights and will be obligated to keep all of L ndees agreements made in this Security Instrument If more than one person sigm this Security Instrument as Borrower, each of us is fully obligated to keep all of Borrower's promises and obligations eentained in this Security Insrmnmetut. (.ender may enforce leader's rights under this Security Instrument against each of ni indiridually or against all of tts togathet. 'this means that any one of us may be. requited to pay all sums secured. Howbver, if one of us does nor sign the Note: (A) that person is sighing this Security Instrument only to give that perm's righter in ibe Property to Lender under the terms of this Sorority Instrument, and (B) that persca-is not pmsonaly oblit" to pay Os stags seemed; and (C) that MM agrees that Lender rosy agree with the other Borrowers to delay ei ftming any of Lender's rights or so modify or stake airy . accommodations with regard to the terms of this Security Instrument or the Note without that penows consent. 6K f 809PG3653 Doe 420514 - PD1rtR hn°utWtMnp,+Ma41Mee+? ' ? ? ? ? rws+eN4yyauitglr,?Mnnrti?» -. . ???t±IMMaIMrNwteh+rwi4r,s:nwiw„ww+r?;,?as?w?....,«a?+e????aw;r«twweNw?? :«rtaww«- ?wMFU+..,•.,a ?ba+?MiePaMM1+J??:.?ias;wf?,lgY'*-, 12. LOAN CHARGES if the loan secured by this Security instrument is subject to a law which seta maximum loan charges, and that law is finally interpreted so that the interest or other loan dwgee collected or to be collected in connection with the loan exceed permitted limits: (A) any web loan charge shall be reduced by the amount necessary to reduce the cbarge to the permitted lima; sad (B) any sums already collected from Borrower which exoxdcd permitted limits will be. refunded to Borrower. Gender may choose to snake this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund mdum principal, the redmdon will be Heated u a partial prepayment without arty prepayment charge under the Note. 17. LEGISLATION AITFBCTING LENDER'S RIGHTS If a change in applicable law would make any provision of the Note or this Security Instrument unenforceable, Leader may..require immediate payment in full of All sums tccured by this Security instrument as that phrase is defined in Paragraph 19 below. If Lender requires immediate payment to full under this Paragraph 13, Leader will take the steps 'and may act as specified in Paragraph 19 below. 14. NOTICES REQUIRM UMER THIS SECURITY INSTRUMENT Any notice that must be. given to me ander this Seeutfty instrument will be given by delivering it or by mailing it by first clan mail mks applicable lave requites use of another method. The notice will be addressed, to me at the addrea slated in the section above titled "Description of the Prbperty." A notioc'w$l be given to me at a Morent address V T give Lender a written notice of my difibreat address. Any notice that must be given to Lender under this Security Instrument will be given by mailing it to -Lender's flddress stated in paragraph (C) of the section above titled "Words Used Often in This Document.' A notice will be mailed to" Lender at a different address if Lender gives me a notice of the different address. A notice required by this Security Tnatrucnent Is given when it is mailed or when it is delivered according to the requirements of this Paragraph 14 or of applicable law. IS. LXW TEAT GOVERNS THIS SBCURYTY TNMUNWNT This Security Tat tument is governed by Federal law and the laws of the jurisdiction where the property is located. The borrower hereby consents and agrees that the debt hornby secured, or any part thereof, may be renewed or extended beyond maturity as often as may be desired by agreement between the creditor and any subsequent owner of the property, and no such renewal or extension shall in any way affect the borrower*s responsibility, whether as surety or otherwise. The borrower and any other party assuming liability hereunder hereby consent and agrx ttxat if the property conveyed hereby or a substantial portion thereof is transferred to any subsequent owner, and the creditor exorcises the right to accelerate the debts secured hereby, the creditor may accept any delinquent payments or other curt of default giving rise to such acceleration from the then owner of the property or any other person and reinstate the indebtedness in accordance with the schedule of. maturity as of the time of acceleration or upon such new sobedule as may be agreed if renewal or cmcsi wn are otherwise permitted and no such reinstatement shalt in any way affect the liability of such prior parties, whether as surety or otherwise. If any term of this Security Tnshument or of the Note conflicts with the law, all other terms of this Security Ltstr uhnant and of the Note will still remain in tea V they an be given offta without the eoafhaing term. This means that any terms of this Security tnsrhmie t and of the Note which eonflicu with the law can be separated from the remaining terms, and the remaining terms will still be enforced. The borrower hereby waives its right to a jury trial. 16. BORROWER'S COPY T will be given ona conformed copy of the Note and of this Security instrument and hereby acknowledge receipt thereof. 6K 1809PG3654 Doe 12e515 - PAmn 4,.:. y.. „ - ?aIIMIt3M?t1v#tMi!•'tlkalw .. .. ., .. ?iWM'!aMfiillM?pkalpYli,J{ti:?1?,11?MMWi?m?f?ttt?M'!b'phlM?MiYthtAPtMN?tN?A?eN?I1+ltY!kNiY???etM.:ij.+ap?„?,YM,,., ,µ?rypip.llaryy?µ:... 17. TRANSFER OF TIE PROPERTY OR A 18ENIMCIAL Ii1ERFST IN BORROWER If all or any part of the Property or an intttest therein k sold or transferred by Borrower (Or if a beneficial interest in Borrower is sold or transferred and Borrowers not a natural person or persons but is a corporation, partnership, trust or other lepl entity) without Lender's prior written consent, excluding (A) the creation of a lien or encumbrance subordinate to this Security Inaroment which does not rrlate to a transfer of rights of oecup4ocT in the property; (B) the creation of a purchase money security wtait& fair IiouuieFiiild appliahEefi (14 a transfer bry dovL, descent or by operation of law upon the death of a joint tenant; or (D) the gautt of any kasebold interest of three years or loss not containing to option to pu rehase, Lender may, at Leader's option, declare all the sums caned by this Security Instrument to be immediately due and payable. If under exercises such option to accelerate, Leader shall mail Borrower notice of acceleration in accordance with Paragraph 14 hereof, and Lander may, in accordance with Pennsylvania law, invoke any remedies permitted by this Security intros COL Lendex may consent to a sale or transfer if (1) Borrower causes to be submittrd to Lender information required by Lender to evaluate the transferee as if a new loan ware being made to the transferee; (2) Lander reasonably determines that Lender's security will not be impaired and that the risk of a breach of any covenant or agreement in this Security Inownent is acceptable (3) interest will be payable on the sots secured by this Security Tattrvment at a rate acceptable to Tender; (4) changes fn the terms of the Note sad this Secvft Instrument regdsad by Lender are made, including. for example. periodic adjustment in the interest rate, a ditfueat final payment date for the loan, and addition. of unpaid interest to principal; and (5) the transferee signs as assumption agreement that is acceptable to Lender and that mbligates the rrunsferee to keep all the promisee and agreements made in the- Now and in. this Security Instrument, as modified if rsrc;uired by Lander. To the extent permitted by applicable laws, Lender also may- charge a reasonable: fee as a condition to Lander's consent to any sale or transfer. Borrowers will continue to be obligated under the Note and this Security Instrument unless Lender releaus Borrower in writing. 18. BORROWER'S WARRANTIES REGARDING BORFEMURE Borrow" states that he will not use, and will not permit any thin) party to use the Property or arty portion thereof or interest therein for any purpose that would cause the property to be subjta o forfeitute, Borrower further states tbat the Property has not been acquired with the proceeds from any transaction or activity that world thereby cause the property to be subject to forfeiture. 19. IMMER'3 RIGHT TO REQUME IMMEDIATE PAYMI M IN ML If I fail to keep arty promises or agreements made in the Note or in this Security Instntntent, including the promisee to pay when Out the amounts T owe to Lender, I will be in default. If this occurs, the Lender may require that I pay immediately the entire amount then remaining unpaid under the Note and under this Security Instrument. Lender may do this without making any further demand for payment. This requirement will be called *Immediate Payment in Full." If I am in default for any reason, you have the right to demand payment of the entire amount I owe you. H Lender requires payment in fall or in the event of a foreclosure action, I agree to pay reasonable and permWbie legal fees, costs sad dlstwrsetoents, and that such total amount shad be paid by me with interest, as specified In paragraph 25, up to the day you sorely rawaw each payment, even after foreclosure agars. In any lawsuit for We. Lender will have the right to () collect all costs allowed by law; (h) have the property sold as one parcel; and (iii) have a Receiver appointed by the Court without firzt giving notice to me and without regard to the value of the Property. Upon acceleration, Borrower shall have no right to reinstate. All rights and remedies provided in this Security Insccament are distinct and cumulative to any odor vigbt or remedy under this Security Instrotaeat or afforded by law err equity, and may be exercised concurrently, independently or saaceseivedy. nu 1809PG3655 DIV Doc #20$14 - PAMPA ?«?Haw«a,.,..aksun,NWT::z.?,a?Nwwar,?xaaWlsYM,:°r?wwM,y,r.a> a«paM?ww?++?«enoia?aN? ? ? ?. M +w.M nwa+rw am?aa ? Aw?+ ^:•?Ma9$eMaMMIW:•p??ra?.,MIMe!W711afaeM aWtM;«,rs,- :? . . wlaldMl?»r-, YFen1lY?in,. f wwa. ?,?,? i . P 20. I,MMI'S RIGHTS TO RENTAL PAYMENTS AND TO TAKE POSSESSION OF THE PROPERTY If Lender requires immediate Payment in Pall, or if 1 abandon the Property, then Lender, persons authwized by Lender, or a receiver appointed by a cows at Lender's request tray; (A) tollea the rental payments, indudiag overdue rental payments. directly from the tenants, (B) enter on and take possession of the Property; (C) manage the Property; and (D) sign, cancel and eharip leases. It Lender notifies the .tagm, Lender has the right to collect rental payments to Lender without baying to ask whether i failed to keep nay promises and agreements under this Security Treat utaent. If there is a judgment for Leader in a lawsuit for foreclosure and oak, I will pay to Leader reasonable rent from the date the judgment is entered for as long as i occupy the Property. However, this does not give me the right to occupy the property. All rental payments collected by Lender or by a receiver, other than the rent paid by me under this Paragraph 20, will be used first to pay the costs of collecting rental payments and/or managing the Property. If any put of the rental payments remains after those coots have been paid in full, the remaining part will be used to reduce the amount that I owe to Lender wider the Note and tinder this Security Instruttt*at. The coats of managfttt the Property may Wade the receiver's fees, reasonable attorney's tees, and the cart of any necessary bonds. Leader. and the receiver will be obligaoed to account only for those rectal payments that they actually teceivo. If I fall to make arty payments or keep promises under tbk Seca* Instrument or the Note, then I shall pay rmmthly in adwee to you or to any receiver a fair charge for the we of the Property that I OCCUPY. If T do not pay this fair charge, you or the receiver may sae to collect it or to remove me, or both. I will not collect more than one (1) month's rent in advance from any tenant or occupant without your written consent. 21. LENDER'S OBLIGATION TO DISCHARGE THIS SECMaTY 1NSTRU&IENT When Lender has been paid all amounts due under the Note and tinder this Security Instrument the Lender will release this Security Instrument and deliver a ceitificato stating this Security Instrument has been paid in full. Lender will then deliver a certificate stating that this Security Instrument has been satirfted. I will pay all costs of recording the Release in the proper official records. 22. ADDT1MOlNAL CHARGES I agree to pay all reasonable charges in connection with the servicing of this loan, including but not limited to obtaining tax searches and bills and in processing insrranee loss payments; ovrmcrship transfers, releases, easements, consents, exterafoes, modifications, special agreements, asaigmnentz, reduction certificates; asset recovery and satirfaction of mortgage. In tl:e event Borrower directs Leader to order any reports, appraisais, searches, examinations and/or the like, I agree that the expense for the same is to be added to the balance of the existing mortgage, if same is not paid within 30 days of written notification: 23. HAZARDOUS SUBSTANCES Borrower shall not create or suffer 'to exist, or permit any of its agents, employees, oontractora, tenants, or iaviteea to create or Sutter to exist airy lien, s cw* inter= charge or encumbrance against the Property or any portion thereof, relating to any physical or environmental condition, includin& but Rot li aked to. arty lien Imposed pursuant to section 107(f) of the Saperfund Amgtdments stud . Reauthosisation Act of 1986 (42 U.S.C. 9607(1)) or arty ftdlar federal, state, or local same, regulation, rule, order, oT ordinance. Borrower shall not cause or permit any other parry to cause or permit the presence, use, disposal, stora fe or release of any hazardous Substance on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any environmental law. gK 1809PG3656 Doe Q0517 - PAtet9 +!?.setlWaf ..w ..;riM?aM?..'?Ww+My«MNnWaalipaMa.MhuWwMMina. I _. Borrower shall promptly give the Leader written notice of any investigation. claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or environmental law, of which the Borrower has actual knowledge or should have actual knowledge. If Borrower learns or is notified by any governmental or regulatory authority that any removal or remcdiation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take necessary remedial, removal, and other actions necessary to clean up and remove all-lazardoos'Substances, solid wastes; or contaminants on, in, from; or affecting the property or any portion thereof, In accordanm with onvirot cnW law, to the satisfaction of the tender and is accordance with all orders and dirocdm of governmental suthorities having jurisdiction over the Property and/or such substances or mareriata. if Borrower fail; to tape remedial action, and upon receipt of notice from any party asserting the existence of any Hazardous Substances affecting the propetty that if true may result in an order, suit, imposition of a lien on the property, or other action, or if the lender in good faith believes wpuld jeopardize its security interest, the Lender at its option shall take whatever action is necessary in accordance with environmental law, to clean up, remove, resolve or otherwise muediaw the situation. All reasonable costs and expenses paid or incurred by Lender in the exercise of such rights shall be seoumd by the liens securing this loan and shall he payable by borrower upon demand by Lender. Borrower shall indemnify, exonerate, defend and hold harmless Lender, its officers; directors, shareholders, agents, and employees, from and against any and all claims, demand; obligati ms, penalties. fines, suits, liabilities, settlements, datuages, losses, costs, and eapmtses (including but not limited to, attorney and consultant fees and expenses, investigation fees, laboratory expenses, cleanup costa, count costs, and other expenses of litigation or arbitration), as well as any such fees and expenses incurred in enforcing this indemnity, and any violation of any applicable environmental Laws in effect on or before the date hereof "or hereafter made effective. As used in this document, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law, and the following substances: gasoline, kerosene, other flammable or toxic petroh products or by-products, toxic pesticides, herbicides and funjicides, volatile solvents, materials containing asbestos or formaldehyde. and radioactive materials. As used in this document, "Environmental Law" means federal, state, and local laws, statutes, rules, regulations. judicial orders and decisions that'relate to health, safety or environmental protection and maiatenance in the jurisdiction where the property 4 located, 20. MISCELLANEOUS PROVISIONS (k} In the event that the holder of this Security Instrument be required to retain legal counsel for the purpose of commencing foreclosure proceedings hereunder, a reasonable sum shalt be added to the Said indebted ne 1. as fair and reasonable legal fees and deemed secs-ed hereby in addition to expenses, costs, allowances as provided by law, (It) If this Security instrument involves a condominium unit, any failure to pay common charges when they become due shall be considered a default under the terms of this Security Instrument. (C) H T am permitted to care a default. of this Note or the Mortgage securing this Now pursuant to the United States Bankruptcy Code (Tuk 11 U.S.C.) of other appiicabhr law, i spectficatly, agree that the amount necessary to ewe the dWot shall include the sum ef. all amounts past due mhder the mpus of the Note and/or Mortgage, including all principal, interest, and late charges, and act' amounts advanced by Lender pursuant to the terms of the Note and/or Mortgage, including all attorneys feet and interest a rate required by the Note and/or Mortgage from the date on which I elect to cure the default to the date on which the default is fully cared. Nothing herein shall be conserved to allow me any right to cure any default of the Now or Mortgage except as specifically authorized under the United States Bankruptcy Code (Title iI U S.C.) or other applicable law, 6K 1809PG3657 Doc 420535 - rJe,rla !'?MlnXabH?,..,NMMwWMMaMeR.?+8'?+bHe??+N,1MIgpMAU??iMIT?°rr+N?f,+tM?? rlaAn?.,a.tn w.?yaaln,?:a»ri,,,.Ali7,W1?f:??pa1?M.:3.m?ry,,,,yyFV yuNgMIMM+?.•a?»aar,?r?,;?-"r9MMaMw1W+a,MWWM??..,µM?ror+??. a (D) In the event that Lender shall advance any money in order to pay Borrower's insurance, taxes and/or hazard insurance and/or any other judgments, liens, rriolations, at actions under paragraph 23, then Borrower will pay interest on the sums advaacod at the rate specified in Borrower's Non. (Lh In the event the premises sufftts damage or Borrower's statements and/or representation$ have been found to be false prior to the disbursement of funds, Lender, in its sole discretion, may cancal this Note end Lender shall have no further obligations to the Borrower. Lender agrees that Tender will file a Satisfaetion of Mortgage la the-=onty this Seemity Instehmtemt is filed with the Office of the County Cletk prior to cancellation by Leader. (6) In the event that any check paid by Borrower to Lender is returned unpaid then and in that event Lender may, it Lendces option, require bank or certified funds for each payment made thereafter. (t7 In the event the Borrower(s) bacto cause or bring any action, proceeding or petition for the assignment, liquidation or rearrangement of their total indebtedness under any federal, state or local statute, and in such event there is an improper ienpairmlent of the lien of this Security Inmument within the meaning of any Title, Code or Icoa1 statute therein relevant, there shall be allowed, awarded and granted to the holder of this Security Instrument by the court or tribunal having jurisdiction there cif, reasonable legal fool incurred to protect the lien of this Security Instrument against such improper impainmeny or in the errant the holder of this Security Iostrtmuent is required to bring on any motion or proceeding in vacate any stay or compel rejection of any proposed plan. Such award of reasonable counsel fees sW be based mpoa the rrssomable bnmrly billing nos of an eitpetieaced real estatelbattla hey practitioner within the jurisdieticm of the tam or Wbonal, and without any reference or regard direct or indirect to the now disused theory of "economy of admiaistradva.• (S) In addition, Lender shall be emided to cbarge interest on a1i accrued interest, foreclosure costs, attorney feet whether incurred as a result of the foreclosure or the bankruptcy proceeding, or other pre-petition arrearage payable pursuant to or through any plan [a the bankruptcy proceeding. The interest rate shall be the same rate charged under the Note secured by this. Security Instrume t. 25. ACCELERATION; DEFAULT; IROMMS In tha event of a default by Borrower, in any of in covenants and agreements hereunder or in the event of a breach of any of Borrower's representations and warranties herein. Lender, at its option, may require immediate payment in full of all sums secured by this Security Insttamcut without further demand or notice to Borrower and may invoke any remedy permitted by applicable law. If the lender requires payment in full, or in the event of a foreclosure action. I agree to pay reasonable legal foes, principal and'interest, costs and 4bbmrsemems, allowances and additional allowances as may be awudmd by any judgment of foredonire and sale added thereto. Alter acceleration and until a judgment has been entered, I shall pay this total amount with interest, up to the day you actually receive such payment, at the following interest rate. 2)1.6k it this is a mortgage in excess of $50,000.00; or b) tho Note rate if this is a mortgage bearing an original priniepal amount between $5,000.00 and 550.000.00. After a judgment has been rendered, the interest rate will be the highest permitted by the state of Pennsylvania. In addition, Leader shall be entided to collect all erpenses incurred its pursuing the remedies provided in this paragraph 2S, including, but not limited to, reasonable attorney's fees, and costs of title a•idence. Upon aooeleftdona Borrower, shalt have no right . to, reinstate. All tibi?ts and remedies provided in this Security Uscrument are distinet and cumulative to any other right or remedy under this Security Instrument or afforded by lair or equity, and may be exercised concurrently, independently or successively. 6K 1809PG3658 DOG 420s,19 uq a+.?av.,tasaMM??ip?Yaa. -<:wF.+iNMNM#MaalplapHlINAW?".ewry,,..MMlnaeMN?INMNNMIMrr^•!YIMay; •. ?+CStik ?til et* ?o ! o,,,.an, nWfMMIIM» ? WIlHMIIhi?9lwiaM.7?E ?IIIrNuM'. ?t?Maakli+wr •,,.,<. ?awa,w^wla:,ul?ro+aWw.,.,an?no?,". ,? BO16;IlOWn'S COMPLIANCE a) Upon the request of the Lender, its sueeatoa or auiOta, f shall: 1) hintish and wocuts any documents regoired by the Lender to verity the truth and accuracy of any information provided by me in connection with my mortgage loan, including. but not limited to, income. employment, deposit and too authorizations and vcrtf' cat(ons, income tax rctrrrns, and contracts and settlement statements for the sale of ether properties; 2) =Kate-tiny dpcatnent that shoald have been signed at-or- before the closing;,re-exome any document signed at or before the closing;-and execute that which was incorrectly drafted and signed at the ckKing, including but not limited to, correction notes, correction mgrtpFv and other correction lnstraments; 3) furnish airy documents required by, and comply with any conditions, work and/or certificates set forth in Lender's apprairal report or firm commitment; 4) execute arty additional doeamentation and provide any additional information required by the Lender to facilitate the sale of the mortgage into the secondary atattgage market. b) I represM and agree that all request by Lender will receive tho full cooperation of and compliance Iry me within five days of the making of the requests, and the obligations hereunder shall survive the c c) it is farther agreed the my faibxm to oomph with tbo reptesentations and agreements herounder shall comtft k a dedmit tinder lire note and mortpp exetatod it connection with this agreement, and shall entitle the Lender, its staeeessors or assig» to arty and all of the remedies avulabk upon default under the note and/or mortgage, including collection of default interest, attorney's fees, costs and disbursements. 26. XMIMS TO 'I'BIS SECt7RM INSTRUMENT If one or more ridern are executed by Borrower and retarded together with this Security Instrument, the prandus and agreements of each are incorporated ass part of this Security Instrument. [Check applicable box(es)] -,Adjustable Rate Rider -Biweekly Payment Rider _Condorniniato Rider _ Graduated Payment Rider _1.4 Family Rider _-Ptarmed Unit Development Rider __Yaxe Improvement Rider -Second Home Rider „_-V.A. Rider ____Other BY SIGNING B11LOW, Borrowers accept and agree to the promisea and agreements contained in this Security Insommetn and in any rider(s) signeddbby me and recorded with it. ( 0 gan?? . . DONNA M_ CCVP ? .. .. . I?.f IN L. CCMP BK 1809PG3659 Doc 020520 - PAW12 .,Aw?.. Me!pty9wl. •.,paatteaFY,i?'bYNMlwipb+,.«HM.,r!lM+lMlalaNS'i.Mkn-0NIM1aMMMu,..yr„,igMMi?11MKt?IWaFS:?fi,.,?IM#':lac,71?X41V+?•za.+,tmr,•.p'N?IMF+wYtN^:.s,>?{oralp?+w+uMan?Pe1?AMPWNM,,,•pgW,?Mi?rlM•o-nrIMM?NYZNaM• •r+3?.uA11?ka-yaw-+ STATE OF P LVANfA, Owff ebho minty u% On this 2Rt P4.1 of April 2003 before me, the undersigned, at Notary Public In and for said County, pasonaliY aP01red DONNA M. COMP, MARLIN L. COMP and acknowledged the exoeudon of the Som ping incman-t. WITNESS nay hand and official seal. My Commission Expires; Notary Public HaneAnte M. NM?rvfiiget pe6lio Lt?ehmiesbaq Heee, Cambert.nd Coamy My Oownihian H,cpyn, Nov. 24. 1403 a+em0er, PaMLyivar4aAmeoea?ion dNolartCy 1 t t; this to be recorded t:o;iberland County PA Recorder of Deeds BK 1809PG3660 Doe #20521 - PAM13 .a„i3iyaerr;Mpn.,=ar+xiw?,i.yhWW1?WiAN,?'kk. -:?;HIF71.r{r1HM'1iYew"I+?iM :..rra.4NpSNlper ..:R,.?+r,aN^ riwi. ?,p...',,..,,?;gNNJ?eyN?:a;Hlll::'kNtla:sgMSea?.v14,.,.r„?IrAwq°?ilUregUev???.,',?NM ryglk•?MM9WYI?MM*eM!::.,'MMNNIN.r,,.ye,.. o'W, i.,c- ALL THAT CMATN TRACT OR LOT OF LAND SITUATE IN EAST PBNNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY ROUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BBGIla1ING AT .A POINT ON TAE NOnsm LINE OF TEAKWOOD LANE, AT THE LINE OF ADJOIIMR BBTWEBN LOT NOS, 7S AND 74 ON THE MEAFTER MF MONHD PLAN OF LOTS; TIISNCE ALONG SAID LINE OF ADIOINER NORTH 12 DEGREES 54 MINUTES WEST, 105 FEET TO A POINT AT LOT NO. 63. MIE ICE ALONO LOT NOS. 63 AND 64, NORTH 77 M $M. 06 MINUTES BAST, 85 FEET TO APOW ON THE LINE OF ADIOINFR BETWEEN LOT NO$.14 AND 7%TMCE ALONG SAID LIME OF. ADJORM SOUTH 12 DEGREES 54 M NUM BAST, 105 FEET TO A POW ON THE NORUMN LINE OF TEAKWOV LANE; THEME ALONG THE NORTHERNLINE 00' TEAKWOOD LANE SOUTH 77 DEGREM 06 NMUM WMST, 85 FEET TO THE POINT AND RACE OF BEGINNING, BEING KNOWN AS LOT NO.74 AND FINAL PLAN NO. I OF TRM4ONT, AS RECORDED IN FLAN BOOK 34, PAGE 131, IN THE CL M MU AISD COUNTY RECORDER'S OFFICE. BR 1809PG366 I tlN?e>+, °y1Wh u? .+ntuia.,er??NiMU»e.,: are !* . a?y.?,...„+1M-1MW.,i, "MM•rniWM1n...o,?a kra?Can„yN.aM1w»?r+M...,<.?„Miw„eyyucr':,?.;iY,y,Wb„„Hq?,,,'y'?W. r?yiNMw?y?»»gllp;a?,.: Date: 9, 1 Z1( P Marlin L. Comp 1021 Teakwood Lane Enola, PA 17025 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. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save vour home. This notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA..(PENNSYLVANIA. HOUSING. FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM"' EL CIPAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECIIO A M-1)BI R 4U HIPOTECA. ..+ti?tt!l,MyMl511iUWggNM!^!MM"3A Yn.l3...nk„?,{?.B'.i1•"M•1i?11111X'?1MkNl?1'NNee,aq?yMPMI#WIMP?1l.-.•.d11N?a: rmlil?p+f'..;, idles, a?MiY +51f? .fiery 1{f+-176^'!1^^?11*'i :M+r..?1M,ti.yNk1?:.fiYNy? d,?lpl?WklMMlx ..ql:. t 7006 0100 0006 1477 6942 r ,? Lk-21"r 9 HOMEOWNER'S NAME(S) PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: LAW FIRM FILE NO.: Donna M. Comp and Marlin L. Comp 1021 Teakwood Lane, Enola, PA 17025 101802403 Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY Ocwen Loan Servicing, LLC 06-26445 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 WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU 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 .... agencies listed at* the end of this Notice. THIS MEETING MUST OCCUR `'VITHIN 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 agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth dater 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 ,pith the lender, you have- the right -to apply for financial assistance from the Homeowner's Emergency Mortgae Assistance Program. To do so, you. must fill out, sign and .file ao I t d Homeowner's r" , v, Y "°"' Enyei getiC AssisbL, ` Pfd o,"-A " liedti6li- 4ttf "fie'-6- l i e'!Tesiga e consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies .have applications have for the program and they will assist you in submitting a complete. application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTIS 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 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. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES 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 DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 1021 Teakwood Lane, Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: October 1, 2004 to April 1, 2006 @ $1,279.76 = $24,315.44 Other charges (explain/itemize): Late Charges: October 16, 2004 to April 16, 2006 @ $54.11 = $1.028.09 Pre-Default Late Charges: _ $649.32 Suspense Credit to Borrower: ($408.36) Non-Sufficient Funds Fees: $60.00 Inspection Fees: $52.50 Escrow Advances: $3,209.88 TOTAL AMOUNT PAST DUE: _ $28,906.87 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):. HOW TO CURE THE DEFAULT - You may cure the default within THIRTY 30 DAYSf, the`tiate,tlf toil; hbt dd'UY PAYMG"TUt TOTALL f?'tt1 T'Plgt'b t6 " t E"R, WHICH IS $28,906.87, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Oewen Loan Servicing, LLC 12650 Ingenuity Drive Orlando, Florida 32826 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY 001 DAY period, you will not be required to nay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yqu. still have. the right to cure the default and prevent the sale at any time up to one hour-before the Sheriffs Sale. You may do so by pawing the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale -of-the mortgaged property could be held would be appfoximaiely six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time .exactly what the required payment or. action will be. by. check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Kreisman Address: 2520 Renaissance Blvd., Suite 150, King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Ilana Zion, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X_ may or _ may not (CRECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). •..?11h+1u=`iwMhlY°'.M:1°IM?aDe+'??eaflWMM+li?Ml'7bt?+ldi.a?+=:a•M!.;^pYey:pN#,:.rs.+Mii9+,r?aWWMN?WN?'....•n?MMy!?s?yw.ylaMi9aM1YI1Mn°vp:Fe?+urva?.:.e,.oarear.ppSi??..,w.ay,:??IWW..+5M9:, v3yYlMpw. LlCflAA ??r. e+e¦rr?r f%v^ ;4 ?R??v?e?r?l is?N ANAH/+?AL+ CUMBERLAND County Report last updated: 1/26/2006 8:32:23 AM Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.3341518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street 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 800.342.2397 Date: y k I 17?CP Donna M. Comp 1021 Teakwood Lane Enola, PA 17025 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. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see if IIEMAP can help, You niust MEET W1T11 A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in- your"area. The local bar association may be able to help you find a. lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENWO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING. FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAI<10 POR EL PROGRA-MA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALIN'AR SU CASA DE LA PERDITIA DEL Df?R1 CHO A PEDn IIR St'? IIIPOTECA. NMIM'eeY?w,rkMHni.,?e :Hi• +.r :at,dyfa ...?wa :,?fteraM+ :?aHriwmlir.+,..,...a,?:::.??lw,lAlw??.?lh ,.,:.. ,?:?µwyc,e?" :,veuww..n,x?:.ey+?Mq,..,?Y++awa?:?ai?t?MK#?+iIM!Vw>nr .a?w, ;....wgxel?4r„+awlx, °?. ?Ab+w. .e ..fair.;>. ..?r?. ,??.. +?.? nrr.;: 7006 0100 0006 1477 6935 HOMEOWNER'S NAME(S) PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERISERVICER: LAW FIRM FILE NO.: Donna M. Comp and Marlin L. Comp 1021 Teakwood Lane, Enola, PA 17025 101802403 Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY Ocwen Loan SenTicing, LLC 06-26445 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 WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, " IF YOU HAVE A REASONABLE PROSPECT OF TIEING 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.rF 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 agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the p operty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the'nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's' Emergencv Mortgage Assistance. Program, To do so,. you must fill out, sign and. file a completed Homeowner's counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies . r , have ao icatlbhs"'Babe" foi 'the ? rogl`ain nd "tliey will " assist you ?in 6ral brig a colriplele application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME 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. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed- bankruptcy, you can still a l for Emer enc Mortgage Assistance. ROW TO CURE YOUR MORTGAGE DEF'AUL'T (Bring, it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 1021 Teakwood Lane, Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: October 1, 2004 to April 1, 2006 @ $1,279.76 = $24,315.44 Other charges (explain/itemize): . Late Charges: October 16, 2004 to April 16, 2006 @ $54,11 = $1,028.09 Pre-Default Late Charges: _ $649.32 Suspense Credit to-Borrower:. ($408.36) Non-Sufficient Funds Fees: $60.00 Inspection Fees: $52.50 Escrow Advances: $3,209.88 TOTAL AMOUNT PAST DUE: = $29,906.87 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not . gpplicable): HOW TO CURE THE DEFAULT - You may cure the default.within THIRTY (30) DAYS of "Ie date of this tiotice 13Y PAYING THE TOTAL"OM PAST DUE TO THt fill;NtE11`;"'?" WHICH IS $28:906.87, PLUS ANY MORTGAGE PAYMENTS AND LATE 'CHARGES • fii•,? ..,:;rii... Hiaiin... ; -i :, a. •?4 . .,u ,+•evaaiM. •,?gx... t+.: ,'..xr?> v . .... .wM+.. Su. # 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 and sent to: Ocwen Loan Servicing, LLC 12650 Ingenuity Drive Orlando, Florida 32826 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may ' also sue 'you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun,.}_ou . still have the right to cure the default and. prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a-Sheriffs Sale of the mortgaged property could be held would be approximately siX (6) months from the date of this Notice. A notice of the actual date of ttlc Sheriffs Sale v;ill be ,?"<? .o 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.orVaction will be byM wr: »????»??wnntactitig the?lelidet:^,,if tntftte?`is `ttti?,""?iCCh''?f??ytti?tlf tii?tbb"""?f??shl"cris?""?Cie""ck; c?er"??iec#Kn check or money order made payable to the lender at the address set forth above. ' 'i'N,ie+' .,A .+r .,e:: :; ..•+.. a?{p, rydr+. ? .., .?eypr.,„ dR, .ieae s ,tMB ,. xn?,+u .. •.W?it•..r tYlMa +WMWK ,> ,dye HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Kreisman Address: 2520 Renaissance Blvd., Suite 150. King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Ilana Zion, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X may or V may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. W&RM?YINW?b1YdK'71?IN+a??!?:,??':?t }u?fNM ?•r, 3.:i<,y?pp?r., rM.aaM019 1:"?M,n^y 'AA?p1w1M1'?YYI?yY::e1WgMM?!21WiNMtY1M?c?gpryla4Y,,,. .?NNM'?MIr ,? 9W • ?? .. ,,.L n. bl.? +, A. .n i .#IM fl ,?+ . >., ,'prMl „. !(?tyil ? +h . 7, nM143 vgp1, r ,.aN ,AY a YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). r.•$IMMI:MNNMNM'W3bMh'wMNYY?`r ",m&:-1?rMINWIMrfa'i,i?'.,rAN'rM'VAr)1YYrINIV?!Il?dr?'G"Mrxµ$ V•uTil."p$xp!Fp'iss'':nC!•'i3V1?M"'M•-`?py4ltlW???`i% Y?nr: :%i9pvi?Y!wl!a;+ :luWrurwY'M'? *0-4 'A 'n _ ? "pI?1Al?a:,' ..,...; .:6, }q.. wd1?Y?; •. v..•i.: •.:1i+U? '. .•4,.:. • •M.?piyp..: .•. •. -.i..i.' .,i•najt.; .Aµ?.... .? '.t ,M.e:;. •}:.?.'NS ^+'3Cµ •a•ay:'- ,.,'Wi . ' HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 1126/2006 8:32:23 AM Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800:342.2397 ! 'IN?C#+P?IIMwpp ?n? 'Npi61NM'.. '.,i14u HP4?N.M1:4W !Yh7l?''v • ..N1{fM4.::NN+'..:51r .'Mk{4... ?.a,.»+5w v!? nk '• +ylaw :..:,u,wy,.rc»{?'qrv+?+. sWhPUWCr:, ,apiy .,, :p..yPCM{{r .,µ _y?{5. 'P{rv 'q:. ?:a'+:,W.'?w:iiM?MP,a{M3,. .'...ey4?{I.m:,. ve ,tx aisffeti ,,... ,?1Mr-i^.? .,•Nk!r,r. ,?Ir:. t ? _? ,..: ;.,.a+?tMPA,b. . .. ;?+ • n ,.v.P+;roi+i?YWt b,:; .{d.. ?.. .fiy d!M` l1i>e•-?..r 4 W x O W d O 7 7 7006 0100 0006 1477 6942 o cn y m A m yO, ?2 rim Ha O, m ?m ?? m w A?.?.: R' c.2 Bch a ? i i m T m T T n u m 8m am m m .- . NI O?©m m j?.. tD N O O . 0 is m N o ' ?I J ? UlI ? C ? 7006 0100 I 0006 1477 6935 1a to' A 9 a- , ar. RE - m JF am m ?m m T z. ;\v .. T cZ c? a H m c2?.z.• .?.Signat re Co firma ti n. 90 Sped 1 Handl ng m -- Rp tricte ®elive ' .. o T Return Receip t _ T A w CD a a 4 m 0 N 7 m 0 M- (D n :1 Ll D 0m m x v n ? C m < m?m M N ? a n N D) 0 _ N N W O m Cl l_ 111 F-I m' 0 a n o m. m y ? S m _ o m w a S' m m O C7b.$. ?MD NM 21 m ?; y 03 ym??cn m 0 N j H D Q Q m m w ` t0 (D ??II'Z.CA.TZ.QI? Ilana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiff's verification could not be obtained within the time necessary to file this pleading, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the. best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: SHAPIRO & KREISMA N BY: ?_ Qom- C? Ilana Zion, ' e Attorney.for Plaintiff ..war ;,unwq"H. , ...u,,.a+MM1+5+? ?;»n .94tl ,ayry,µ,Ny,^. s+,pN' wi.e w,?: • ,...red.3 r._ ,?{IM-aM1MMIW??'. ...gyi.n.lTM:n. ,..,MIMy,. 9....,y?. s '•:w1r i,; x?K...a. ? u?+ in urAxx? +r'811M?'Mww .. < .. ,« , ,N}'Y1A14?':,°r?1.. ' •r'e'-n ?Ait15aN ':. rs,:. ?l4raglf• +P?°MN ' ? .. .. - IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JPMORGAN CHASE BANK, ET. AL., CIVIL ACTION Plaintiff vs. DONNA M. COMP and MARLIN L. COMP, Case No.: 06-3031 Civil Term Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $7,806.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the altemative,'this action-be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Your ick, Esquire ?l P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 Xh?b, VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. Frank-E. Youhc J q., Esquire Attorney for Defe t(s) CERTIFICATE OF SERVICE I certify that on the 26th day of June, 2006, I served a copy of the Answer to Plaintiff's Complaint upon the following by US first class mail, postage prepaid: Ilana Zion, Esq. Shapiro & Kreisman, LLC 2520 Renaissance .Blvd. Suite 150 King of Prussia, PA 19406 5raU. Yourick, Jr. squire Attorney for Defendant(s) P.O. Boa 644 Murrysville, PA 15668 (412) -243-5698. _... . PA ID No.: 00245 k t, SHAPIRO & KREISMAN, LLC BY: MEGAN D.H. SMITH, ESQUIRE ATTORNEY I.D. NO: 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 PLAINTIFF vs. ' Donna M. Comp and Marlin L. Comp DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term PLAINTIFF'S REQUEST FOR ADMISSIONS ADDRESSED TO THE DEFENDANTS DONNA M. COMP AND MARLIN L. COMP Plaintiff, by its undersigned attorney, hereby serves the within Requests for Admissions upon Defendants above captioned pursuant to Pennsylvania Rule of Civil Procedure 4014(a). Each matter set forth herein after shall be deemed admitted unless you serve an answer or objection upon counsel for Plaintiff within thirty (30) days of the date of service hereof. You are requested to admit the following: SHAPIRO & KREISMAN, LLC BY: MEGAN D.H. SMITH, ESQUIRE ATTORNEY I.D. NO: 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan ; Asset-Backed Certificates, Series 2003-2 PLAINTIFF , VS. ; Donna M. Comp and Marlin L. Comp DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term PLAINTIFF'S REQUEST FOR ADMISSIONS ADDRESSED TO THE DEFENDANTS DONNA M. COMP AND MARLIN L. COMP Plaintiff, by its undersigned attorney, hereby serves the within Requests for Admissions upon Defendants above captioned pursuant to Pennsylvania Rule of Civil Procedure 4014(a). Each matter set forth herein after shall be deemed admitted unless you serve an answer or objection upon counsel for Plaintiff within thirty (30) days of the date of service hereof. You are requested to admit the following: 1. Defendants are the same individuals who executed a Note to Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY on April 23, 2003 in the amount of $130,500.00. 2. Defendants are the same individuals who executed a Mortgage to secure the above stated Note on April 23, 2003 in the amount of 130,500.00. 3. The above mentioned Note is secured by a Mortgage on real property situated at 1021 Teakwood Lane, Enola, PA 17025. 4. Defendants failed to make the monthly mortgage payment due on October 1, 2004. 5. Defendants have failed to make each and every monthly mortgage payment due and owing from October 1, 2004 on the obligation, which is the subject of this foreclosure litigation. 6. By failing to make the mortgage payment due on October 1, 2004 and thereafter, Defendants are in default of their contractual obligation under the mortgage. 7. Defendants have not tendered monies sufficient to cure full mortgage arrears on the delinquent account. 8. The figures set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are correct and accurate. 9. The figures recited at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument. 10. The attorneys' fees as set forth in Paragraph 8 of Plaintiff s Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument. 11. The escrow advances are recoverable under the terms of the Mortgage instrument. 12. Defendants received Notice of Homeowners Emergency Assistance pursuant to Act 91 of 1983 on or about April 21, 2006, copies of which are attached to the Complaint in Mortgage Foreclosure as Exhibits. 13 The loan history attached hereto as Exhibit "A" is a true and accurate record of all payments made on the subject mortgage. 14. All payments made were properly credited on the loan history marked Exhibit "A" 15. Pursuant to the loan documentation, the interest rate is 9.34 % and thus interest accrues at a per diem rate of $33.11 for each day that the debt remains unpaid. 16. Pursuant to the loan documentation, late charges accrue at $54.11 per month for each month that the debt remains unpaid. SHAPIRO & KREISMAN, LLC BY: D . SMITH, E QUIRE S & KREISMAN, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (Tel) (610) 278-6800 Date: -7 p- I L 06-26445 i. z OCWEN Detail Transaction #NAME? TION --- #NAME? EFFECTIVE TIME RV TRN DESCRIPI NXT DUE/I REVERSE PRINCIPAL 4/7/2003 23:59:01 NLD Loan DisbI NL NewLoan S 130,500.00 4/7/2003 23:59:04 ESP Escrow Pa, NL NewLoan S 130,500.00 5/23/2003 23:36:04 R Regular Pa 7/1/2003 130,433.62 6/24/2003 23:26:33 R Regular P2 8/1/2003 130,366.72 6/27/2003 10:30:45 IVT Investor Pc O -66.9 6/27/2003 10:30:47 IVT Investor Pc 1 130,366.72 8/25/2003 12:28:40 EID Insurance 156 FORCED Ha 130,366.72 9/29/2003 12:10:41 ETD Tax Escrov 63 130,366.72 11/14/2003 13:05:28 EID Insurance 150 Hazard In 130,366.72 12/23/2003 19:39:39 EIC Insurance 156 FORCED Ha 130,366.72 2/20/2004 23:59:01 AFB Forbearance Payment 130,366.72 2/20/2004 23:59:04 PAS Altplan Suspense Adj 130,366.72 2/20/2004 23:59:07 RMS Regular Mi 9/1/2003 130,299.30 2/20/2004 23:59:10 RMS Regular Mt 10/1/2003 130,231.35 2/20/2004 23:59:13 RMS Regular Mt 11/112003 130,162.87 4/21/2004 12:45:40 ETD Tax Escrov 39 130,162.87 4/22/2004 18:10:53 ** AFB Forbearance Payment 4/29/2004 130,162.87 4/22/2004 18:10:56 ** PAS Altplan Suspense Adj 4129/2004 130,162.87 4/22/2004 18:17:11 RSP Regular/SF 12/1/2003 4129/2004 130,093.86 4/2912004 14:15:25 RV RSP Regular/SF 11/1/2003 130,162.87 4/2912004 14:15:36 RV PAS Altplan Suspense Adj 130,162.87 4/29/2004 14:15:39 CB AFB Forbearance Payment 130,162.87 5113/2004 18:32:03 AFB Forbearance Payment 130,162.87 5113/2004 18:32:06 PAS Altplan Suspense Adj 130,162.87 511312004 18:41:02 RSP Regular/SF 12/1/2003 130,093.86 8/24/2004 12:52:45 ETD Tax Escrm 63 130,093.86 8/25/2004 8:43:20 EID Insurance 150 Hazard In 130;093.86 12/10/2004 12:38:48 ETD Tax Escrov 39 130,093.86 1/26/2005 23:59:01 AFB Forbearance Payment 130,093.86 1/26/2005 23:59:04 PAS Altplan Suspense Adj 130,093.86 1/26/2005 23:59:07 RMS Regular Mt 1/1/2004 130,024.31 1/26/2005 23:59:10 RMS Regular Mt 2/1/2004 129,954.22 1/26/2005 23:59:13 RMS Regular Mt 3/1/2004 129,883.59 2/28/2005 21:39:09 AFB Forbearance Payment 129,883.59 2/28/2005 21:39:12 PAS Altplan Suspense Adj 129,883.59 212812005 21:50:33 RSP Regular/Sp 4/1/2004 129,812.41 4/15/2005 13:11:29 ETD Tax Escrov 39 129,812.41 4/25/2005 18:47:36 AFB Forbearance Payment 129,812.41 4/25/2005 18:47:39 PAS Altplan Suspense Adj 129,812.41 4/25/2005 18:53:33 RSP Regular/SF 5/1/2004 129,740.67 5/5/2005 18:59:12 AFB Forbearance Payment 129,740.67 5/5/2005 18:59:15 PAS Altplan Suspense Adj 129,740.67 5/5/2005 19:06:16 RSP Regular/SF 6/1/2004 129,668.37 6/8/2005 19:28:52 AFB Forbearance Payment 129,668.37 618/2005 19:28:55 PAS Altplan Suspense Adj 129,668.37 6/8/2005 19:44:59 RSP Regular/Sp 7/1/2004 129,595.51 C to L`_ O" %,L %A 1 l 6/1512005 23:59:01 Icw Late Charge Waive 129,595.51 8/16/2005 11:45:09 ETD Tax Escrov 63 129,595.51 8/29/2005 8:43:00 EID Insurance 150 Hazard In 129,595.51 8/29/2005 21:29:22 AFB Forbearance Payment 129,595.51 8/29/2005 21:29:25 PAS Altplan Suspense Adj 129,595.51 8/29/2005 21:36:06 RSP Regular/Sp 8/1/2004 129,522.09 10/10/2005 20:29:37 ** AFB Forbearance Payment 129,522.09 10/10/2005 20:29:40 ** PAS Altplan Suspense Adj 129,522.09 10110/2005 21:05:21 RSP Regular/Sp 9/1/2004 129,448.09 10/13/2005 16:50:23 CB RSP Regular/Sp 8/1/2004 129,522.09 10/13/2005 16:50:30 RV PAS Altplan Suspense Adj 129,522.09 10/13/2005 16:50:33 CB AFB Forbearance Payment 129,522.09 12/1512005 19:08:15 AFB Forbearance Payment 129,522.09 12/15/2005 19:08:18 PAS Altplan Suspense Adj 129,522.09 12/15/2005 19:17:53 RSP Regular/Sp 9/1/2004 129,448.09 12/28/2005 22:11:22 EXP Expense Payment 129,448.09 1/13/2006 18:45:21 AFB Forbearance Payment 129,448.09 1/13/2006 18:45:24 PAS Altplan Suspense Adj 129,448.09 1113/2006 18:54:29 RSP Regular/Sp 10/1/2004 129,373.52 1127/2006 18:25:25 ** AFB Forbearance Payment 2/1/2006 129,373.52 1/2712006 18:25:28 ** PAS Altplan Suspense Adj 2/1/2006 129,373.52 1/27/2006 18:32:45 ** RSP Regular/SF 11/1/2004 2/1/2006 129,298.37 2/1/2006 18:23:13 CB RSP Regular/SF 10/1/2004 129,373.52 2/l/2006 18:23:21 RV PAS Altplan Suspense Adj 129,373.52 2/1/2006 18:23:24 CB AFB Forbearance Payment 129,373.52 4/12/2006 9:48:45 ETD Tax Escrov 39 129,373.52 F History Page 0 BALANCE TOTAL ..... -..-__-- ----APPLIED - ------------ ------------- ESCROW AMTOUNT PRINCIPAL INTEREST ESCROW SUSPENS OTHER 0 -130,500.00 -130,500.00 0 0 0 0 1,314.20 1,314.20 0 0 1,314.20 0 0 1,511.85 1,279.76 66.38 1,015.73 197.65 0 0 1,709.50 1,279.76 66.9 1,015.21 197.65 0 0 0 128,724.12 130,433.62 0 -1,709.50 0 0 1,709.50 -128,724.12 -130,433.62 0 1,709.50 0 0 604.5 -1,105.00 0 0 -1,105.00 0 0 -1,035.12 -1,639.62 0 0 -1,639.62 0 0 -1,399.12 -364 0 0 -364 0 0 -686.61 712.51 0 0 712.51 0 0 -686.61 3,840.00 0 0 0 3,840.00 0 -686.61 0 0 0 0 -3,840.00 3,840.00 -488.96 0 67.42 1,014.69 197.65 0 -1,279.76 -291.31 0 67.95 1,014.16 197.65 0 -1,279.76 -93.66 0 68.48 1,013.63 197.65 0 -1,279.76 -533.43 -439.77 0 0 -439.77 0 0 -533.43 1,335.00 0 0 0 1,335.00 0 -533.43 0 0 0 0 -1,335.00 1,335.00 -335.78 0 69.01 1,013.10 197.65 0 -1,279.76 -533.43 0 -69.01 -1,013.10 -197.65 0 1,279.76 -533.43 0 0 0 0 1,335.00 -1,335.00 -533.43 -1,335.00 0 0 0 -1,335.00 0 -533.43 1,335.00 0 0 0 1,335.00 0 -533.43 0 0 0 0 -1,335.00 1,335.00 -335.78 0 69.01 1,013.10 197.65 0 -1,279.76 -2,075.84 -1,740.06 0 0 -1,740.06 0 0 -2,500.84 -425 0 0 -425 0 0 -2,502.84 -2 0 0 -2 0 0 -2,502.84 4,000.00 0 0 0 4,000.00 0 -2,502.84 0 0 0 0 -4,000.00 4,000.00 -2,305.19 0 69.55 1,012.56 197.65 0 -1,279.76 -2,107.54 0 70.09 1,012.02 197.65 0 -1,279.76 -1,909.89 0 70.63 1,011.48 197.65 0 -1,279.76 -1,909.89 1,300.00 0 0 0 1,300.00 0 -1,909.89 0 0 0 0 -1,300.00 1,300.00 -1,712.24 0 71.18 1,010.93 197.65 0 -1,279.76 -2,161.29 -449.05 0 0 -449.05 0 0 -2,161.29 1,350.00 0 0 0 1,350.00 0 -2,161.29 0 0 0 0 -1,350.00 1,350.00 -1,963.64 0 71.74 1,010.37 197.65 0 -1,27936 -1,963.64 1,300.00 0 0 0 1,300.00 0 -1,963.64 0 0 0 0 -1,300.00 1,300.00 -1,765.99 0 72.3 1,009.81 197.65 0 -1,279.76 -1,765.99 1,300.00 0 0 0 1,300.00 0 A,765.99 0 0 0 0 -1,300.00 1,300.00 -1,568.34 0 72.86 1,009.25 197.65 0 -1,279.76 +? k -1,568.34 54.11 0 0 0 0 54.11 -3,345.83 -1,777.49 0 0 -1,777.49 0 0 -3,802.83 -457 0 0 -457 0 0 -3,802.83 1,300.00 0 0 0 1,300.00 0 -3,802.83 0 0 0 0 -1,300.00 1,300.00 -3,605.18 0 73.42 1,008.69 197.65 0 -1,279.76 -3,605.18 1,300.00 0 0 0 1,300.00 0 -3,605.18 0 0 0 0 -1,300.00 1,300.00 -3,407.53 0 74 1,008.11 197.65 0 -1,279.76 -3,605.18 0 -74 -1,008.11 -197.65 0 1,279.76 -3,605.18 0 0 0 0 1,300.00 -1,300.00 -3,605.18 -1,300.00 0 0 0 -1,300.00 0 -3,605.18 1,300.00 0 0 0 1,300.00 0 -3,605.18 0 0 0 0 -1,300.00 1,300.00 -3,407.53 0 74 1,008.11 197.65 0 -1,279.76 -3,407.53 111 0 0 0 0 111 -3,407.53 1,300.00 0 0 0 1,300.00 0 -3,407.53 0 0 0 0 -1,300.00 1,300.00 -3,209.88 0 74.57 1,007.54 197.65 0 -1,279.76 -3,209.88 1,300.00 0 0 0 1,300.00 0 -3,209.88 0 0 0 0 -1,300.00 1,300.00 -3,012.23 0 75.15 1,006.56 197.65 0 -1,279.76 -3,209.88 0 -75.15 -1,006.96 -197.65 0 1,279.76 -3,209.88 0 0 0 0 1,300.00 -1,300.00 -3,209.88 -1,300.00 0 0 0 -1,300.00 0 -3,687.75 -477.87 0 0 -477.87 0 0 SHAPIRO & KREISMAN, LLC BY: MEGAN D.H. SMITH, ESQUIRE ATTORNEY I.D. NO: 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 PLAINTIFF VS. Donna M. Comp and Marlin L. Comp DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term PLAINTIFFS REQUEST FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES ADDRESSED TO DEFENDANTS DONNA M. COMP AND MARLIN L. COMP TO: Donna M. Comp and Marlin L. Comp c/o Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 INSTRUCTIONS PLEASE TAKE NOTICE that you are hereby requested, pursuant to Pa. R.C.P. No. 4009, to produce the following, documents, writings, drawings, graphs, charts, photographs or other compilations of data or tangible items. The above items are to be produced for the purpose of inspecting, photographing and copying at the Office of Shapiro & Kreisman, LLC, 3600 Horizon Drive, Suite 150 - King of Prussia, PA 19406, on or before U5 S , 2006. Please follow these instructions and definitions in responding to these Requests for Production. Any word or term, which is not defined in these instructions shall have its usual and customary meaning. ,.t a. When, after a thorough and reasonable investigation, it is not possible to obtain the requested document, or any part thereof, because of a lack of information available to you, specify in full and complete detail the reason the information is not available to you and what has been done to locate such information. In addition, specify where you believe the requested information may be found. b. If you assert a privilege, work product doctrine, or decline to provide a requested document based on some objection, please indicate the nature of the asserted privilege and the basis for it. Also provide a description of the nature and subject of the information withheld and identify every person to whom the information or document was sent or every person present when the communication was made. C. "Plaintiff' means JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2. For purposes of this set of Request for Production, "Defendants" mean Donna M. Comp and Marlin L. Comp. d. The pronoun "you" refers to the party or parties to whom these Requests for Production are addressed, the party's agents, representatives and, unless privileged, the party's attorney. Additionally, the pronoun "you" refers to each parent, predecessor, subsidiary, affiliate, and each present and former officer, employee, agent, representative, and attorney of a corporate or other business entity. e. "Document" means any writing of any kind, including written, recorded or graphic matter, however produced or reproduced. It includes all matters that relate to or refer to in whole or in part of the subject referred to in any Request. If a document has been prepared in several copies or if additional copies have been made and the copies are not identical (or by reason or subsequent modification by f . the addition or notations or other modifications, copies are no longer identical) each non-identical copy is a separate "document." The term "document" includes, but is not limited to correspondence, personal and inter-office memoranda, notes, diaries, log books, statistics, letters, telegrams, minutes, contract, reports, studies, check statements, returns, receipts, summaries, pamphlets, books, inter-office communications, notations or memoranda or conversations, bulletins, printed matter, computer printouts, teletypes, invoices, recordings, worksheets, and all drafts, alterations, modifications, changes and/or amendments or any of the foregoing. "Document" also refers to any data stored by computer or any computer-data storage system. f. "All documents" means every document as above defined known to you and every such document, which may be located or discovered by reasonable effort. g. The terms "possession," "custody," and "control" include the joint or several possessions, custody or control not only by the Defendants, but also by each and any person acting or purporting to act in concert with or on behalf of the Defendants whether as an agent, employee, attorney, accountant or .otherwise. h. The word "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, or other units therein, and shall include without limitation a public or private corporation, partnership, joint venture, voluntary unincorporated association, organization, proprietorship, trust, state, government agency, commission, bureau or department. i. The term "communication" means any oral or written utterance, notation, or statement of any nature whatsoever between or among two or more persons, by or to whomever made, and including, without limitation, correspondence, documents, conversations, dialogues, discussions, interviews, consultations, agreements, and other understandings. j. If a Request or an aspect of these Requests appear ambiguous or if the Defendants need further clarification, the Defendants should contact the Plaintiffs counsel immediately at the address or phone number above to obtain a clarification. REQUEST FOR PRODUCTION 1. If you deny that Defendants are the same individuals who executed a Note to Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY on April 23, 2003 in the amount of $130,500.00, attach any documentation which supports your denial. 2. If you deny that Defendants are the same individuals who executed a Mortgage to secure the above stated Note on April 23, 2003 in the amount of $130,500.00, attach any documentation which supports your denial. 3. If you deny that the above-mentioned Note is secured by a Mortgage on real property situated at 1021 Teakwood Lane, Enola, PA 17025, attach any documentation which supports your denial. 4. If you deny that Defendants failed to make the monthly mortgage payment due on October 1, 2004, attach any documentation which supports your denial. s 5. If you deny that Defendants have failed to make each and every monthly mortgage payment due and owing from October 1, 2004 on the obligation which is the subject of this foreclosure litigation, attach any documentation which supports your denial. 6. If you deny that Defendants are in default of their contractual obligation under the mortgage by failing to make the mortgage payment due on October 1, 2004 and thereafter, attach any documentation which supports your denial. 7. If you deny that Defendants have not tendered monies sufficient to cure full mortgage arrears on the delinquent account, attach any documentation which supports your denial. 8. If you deny that the figures set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are correct and accurate, attach any documentation, which supports your denial. 9. If you deny that the figures recited at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument, attach any documentation, which supports your denial. 10. If you deny that the attorneys' fees as set forth in Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument, attach any documentation, which supports your denial. 11. If you deny that the escrow advances are recoverable under the terms of the Mortgage instrument, explain fully your basis and support the reasons for said denial. 12. If you deny that the escrow advances are recoverable under the terms of the Mortgage instrument, attach any documentation, which supports your denial. 13. If you deny that Defendants received Notice of Homeowners Emergency Assistance pursuant to Act 91 of 1983 on or about April 21, 2006, attach any documentation which supports your denial. S 14. Copies of cancelled checks (front and back) or other evidence of monthly payment having been made to the Mortgagee / Plaintiff in this action since October 1, 2004. 15. Copies of cancelled checks (front and back) or other proofs of monthly payment, which Defendants allege were not properly credited to the subject account. 16. Copies of any and all documents upon which you rely in alleging that the total judgment amount as calculated by the Plaintiff in Paragraph 8 of the Plaintiffs Complaint is inaccurate or incorrect. 17. Copies of any and all documents relating to the negotiation and/or performance of any alleged agreements between the Defendants and the Plaintiff, which is the subject of this litigation. 18. Copies of any and all documents that demonstrate that the Defendants have not been given full and proper credit for all payment made. 19. Copies of any -and all mortgage closing documents. - - 20. Copies of all documents identified in answers to interrogatories. 21. Copies of all documents that are alleged to establish that the Loan History attached as Exhibit "A" to the Request for Admissions fails to provide an accurate accounting of all payments made by Defendants. 22. Copies of all documents Defendants intend to introduce at the trial of this matter. SHAPIRO & KREISMAN, LLC BY: MEGAN D.H. SMITH, ESQUIRE ATTORNEY I.D. NO: 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 PLAINTIFF VS. Donna M. Comp and Marlin L. Comp DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term INTERROGATORIES TO: Donna M. Comp and Marlin L. Comp c/o Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 INSTRUCTIONS PLEASE TAKE NOTICE that you are hereby required, pursuant to Pa. R.C.P. No. 4005 and No. 4006, to serve upon the undersigned the original and a copy of your answers and objections, if any, in writing and under oath to the following Interrogatories within thirty (30) days after service hereof. The answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow as a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature, in accordance Nvith the Pa. R.C.P. No. 4007.4, as amended. If between the time of filing your original answers to these Interrogatories and the time of trial in this matter, you or anyone acting on your behalf.leam of the existence of discoverable facts or the identity of persons expected to be called as witnesses at trial not disclosed in your answers, or if you or an expert witness obtain information upon the basis of which you or he know that an answer was incorrect when made, or know that an answer that was correct when made is no longer true, or if you obtain or learn of additional information requested, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath, including such information thereafter acquired, to the undersigned. Please follow the following instructions and definitions in answering this set of Interrogatories. Any word or term, which is not defined in these instructions shall have its usual and customary meaning. a. Each of these Interrogatories shall be answered separately and completely in writing in the space provided. Use additional sheets if the room provided is not sufficient. The answers shall be signed and verified by the person making them. Objections, if any, shall be signed by the attorney making them. b. Where knowledge or information in the possession of a party is requested, such a request includes knowledge of the party's agents, employees, servants, officers, directors, accountants, attorneys (unless privileged), or other persons acting or purporting to act on behalf of the party to whom these Interrogatories are addressed. C. When, after a thorough and reasonable investigation, it is not possible to answer an Interrogatory, or any part thereof, because of a lack of information available to you, specify in full and complete detail the reason the information is not available to you and what has been to done to locate such information. In addition, specify what knowledge or belief you have concerning the unanswered portion of the Interrogatory and the facts upon which such knowledge or-belief is based. d. Where an Interrogatory does not specifically request a particular fact, but where such facts are necessary to make the answer to the Interrogatory complete or comprehensible, please include such facts as part of the answer, and the Interrogatory shall be deemed specifically to request such facts. e. If you encounter an ambiguity in answering an Interrogatory, set forth the matter deemed ambiguous and the interpretation used in answering. f. If you assert a privilege, work product doctrine, or decline to answer an Interrogatory on. some objection, please indicate the nature of the asserted privilege and the basis for it. Also provide a description of the nature and subject of the information withheld and identify every person to whom the information or document was sent or every person present when the communication was made. g. "Plaintiff' means JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2. "Defendants" mean Donna M. Comp and Marlin L. Comp. h. The pronoun "you" refers to the party or parties to whom these Interrogatories are addressed, the party's agents, representatives and, unless privileged, the party's attorney. Additionally, the pronoun "you" refers to each parent, predecessor, subsidiary, affiliate, and each present and former officer, employee, agent, representative, and attorney of a corporate or other business entity. i. "Document" means any writing of any kind, including written, recorded or graphic matter, however produced or reproduced. It includes all matters that relate to or refer to in whole or in part of the subject referred to in any Interrogatory. If a document has been prepared in several copies or if additional copies have been made and the copies are not identical (or by reason or subsequent modification by the addition or notations or other modifications, copies are no longer identical) each non-identical copy is a separate "document." The term "document" includes, but is not limited to correspondence, personal and inter-office memoranda, notes, diaries, log books, statistics, letters, telegrams, minutes, contract, reports, studies, check statements, returns, receipts, summaries, pamphlets, books, inter-office communications, notations or memoranda or conversations, bulletins, printed matter, computer printouts, teletypes, invoices, recordings, worksheets, and all drafts, alterations, modifications, changes and/or amendments or any of the foregoing: Document also refers to any data stored by computer or any computer-data storage system. j. "All documents" means every document as above defined known to you and every such document which may be located or discovered by reasonable effort. k. The terms "possession," "custody," or "control" include the joint or several possessions, custody or control not only by the Defendants, but also by each and any person acting or purporting to act in concert with or on behalf of the Defendants whether as an agent, employee, attorney, accountant or otherwise. 1. The word "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, or other units therein, and shall include without limitation a public or private corporation, partnership, joint venture, voluntary unincorporated association, organization, proprietorship, trust, state, government agency, commission, bureau or department. 1 M. The term "communication" means any oral or written utterance, notation, or statement of any nature whatsoever between or among two or more persons, by or to whomever made, and including, without limitation, correspondence, documents, conversations, dialogues, discussions, interviews, consultations, agreements, and other understandings. n. The word "identify," or words of similar import, when used in reference to: 1. a natural individual, requires you to state his or her full name, and present .or last known residential address, business address, and telephone number; 2. a corporation, requires you to state its full corporate name, and any names under which it does business, its state of incorporation, the address and telephone number of its principle place of business, and the address and telephone number(s) of all of its officers; 3. a business other than a corporation, requires you to state its full name or style under which its business is conducted, and any names under which it does business, its business address, its telephone number(s), and the identity of the persons who own, operate and control the business and their addresses and telephone number(s). 4. a document, requires you to state its title, its date, the names of its authors and recipients, and its present or last known location and custodian, including any documents prepared subsequent to any time period. 5. a communication, requires you, if any part of the communication Avas written, to identify the documents which refer to or evidence the communication, and; if any part of the.-communication was non-written, to identify the person participating in or present during all or part of the communication, and describe the substance thereof p. When an Interrogatory requires you to "describe," to "state the basis of," or to "state the facts" on which you rely to support your claim, contention, or allegation, state in your answer each and every fact and identify each and every communication or document which you contend supports, refers to, or evidences such claim, contention, or allegation. q. When an Interrogatory requires you otherwise to describe or state the facts, relating to any particular set of circumstances, act, event, transaction, occurrence, meeting, purchase, sale, agreement, contract, venture, relationship, conversation, representation, communication, or other item of information, indicate in your response the facts (including dates and places) which relate to such a transaction, occurrence, relationship, set of circumstances, etc. Also identify any persons who are or were parties thereto or have knowledge thereof and identify any communications and documents relating to such transaction, occurrence, relationship, set of circumstances, etc. r. If any Interrogatory, term or aspect of these Interrogatories appear ambiguous or if Defendants need further clarification, Defendants should contact Plaintiffs counsel immediately at the address or phone number above to obtain a clarification. I . If you deny that Defendants are the same individuals who executed a Note to Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity-Mortgage, Inc. - NY on April 23, 2003 in the amount of $130,500.00, explain fully your basis and set forth the reasons for said denial. 2.. If you deny that Defendants are the same individuals who executed a Mortgage to secure the above stated Note on April 23, 2003 in the amount of $130,500.00, explain fully your basis and set forth the reasons for said -denial. 3. If you deny that the above-mentioned Note is secured by a Mortgage on real property situated at 1021 Teakwood Lane, Enola, PA 17025, explain fully your basis and set forth the reasons for said denial. 4. If you deny that Defendants failed to make the monthly mortgage payment due on October 1, 2004, explain fully your basis and set forth the reasons for said denial. 5. If you deny that Defendants have failed to make each and every monthly mortgage payment due and owing from October 1, 2004 on the obligation which is the subject of this foreclosure litigation, explain fully your basis and set forth the reasons for said denial. 6. If you deny that Defendants are in default of their contractual obligation under the mortgage by failing to make the mortgage payment due on October 1, 2004 and thereafter, explain fully your basis and set, forth the reasons for said denial. 7. If you deny that Defendants have not tendered monies sufficient to cure full mortgage arrears on the delinquent account, explain fully your basis and set forth the reasons for said denial. 8. If you deny that the figures set forth at Paragraph 8 of Plaintiff s Complaint in Mortgage Foreclosure are correct and accurate, explain fully your basis and set forth the reasons for said denial. 9. If you deny that the figures recited at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument, explain fully your basis and set forth the reasons for said denial. 10. If you deny that the attorneys' fees as set forth in Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument, explain fully your basis and set forth the reasons for said denial. 11. If you deny that the escrow advances are recoverable under the terms of the Mortgage instrument, explain fully your basis and support the reasons for said denial. 12. If you deny that Defendants received Notice of Homeowners Emergency Assistance pursuant to Act 91 of 1983 on or about April 21, 2006, explain fully your basis and set forth the reasons for said denial. 13. Upon what facts, information and/or belief do you rely in alleging that the total amount due from Defendants to Plaintiff is different than set forth in the Complaint? 14. On what date was Defendants' application for financial assistance from the Pennsylvania Housing Finance Agency denied? 15. Upon what facts, information and/or belief do you rely in alleging that the Plaintiff is not entitled to the fees and costs set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure? 16. Upon what facts, information and/or belief do you rely in alleging that the interest rate being charged 9.34% is excessive or unreasonable? 17. Upon what facts, information and/or belief do you rely in alleging that the attorneys' fees as set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure in the amount of $1,500.00 are unreasonable or excessive? 18. Set forth each and every fact upon which Defendants base each separate or affirmative defense contained in Defendants' answer and attach hereto copies of all documents not set forth in answer to previous interrogatories, which are relevant or material to such defense. 19. Set forth the name, address, employer and position of employment of each and every person who has knowledge, whether personal or otherwise, of the facts set forth in Defendants' answer to the preceding interrogatory, together with a summary of the facts of which each such person has knowledge and the source thereof. 20. State whether the Mortgaged premises is personally occupied by Defendants. 21. State whether there are- any tenants in occupancy of the mortgage premises. If so, with respect to each tenant, set forth the following: (a) the name and exact address of the tenant; (b) the date on which the tenancy commenced; (c) the terms thereof, including without limitation, the rental rate and lease period; (d) if there is a written lease agreement, attach a copy hereto. 22, State whether Defendants acknowledge the assignment of said mortgage, note or bond by the original mortgagee directly or ultimately to Plaintiff. 23. State the name and address of the party to whom Defendants forwarded their mortgage payments. 24. State whether Defendants maintain that they have not been given full and proper credit for any payments made on account of the mortgage obligation in question. If so, with respect to each such payment, set forth the following: (a) the date on which such payment was allegedly made; (b) the amount thereof; (c) the form of payment (i.e. check or money order); (d) attach hereto copies of cancelled checks (Front and Back), including endorsements, money order receipts or other documents evidencing any such payment for which defendants allege it had not received pro.)er and full credit. 25. State whether Defendants allege that they are entitled to any set-offs, credits or allowances other than as set forth in answers to previous interrogatories; and if so, specify same, including the amount, date and circumstance pursuant to which Defendants are so entitled. Attach hereto copies of documents which evidence any such set-off, credit or allowance. 26. Specify which payments have not been made to Plaintiff by or on behalf of Defendants pursuant to the terms of the mortgage obligation, including the date on which such payment was due and the amount of the installment. 27. State what amount, if any, is alleged by Defendants to be due and owing to Plaintiff pursuant to the mortgage obligation and set forth in detail the basis of Defendants calculation. 28. Set forth in detail all attempts by Defendants to bring current the mortgage held byPlaintif. . Attach hereto copies of any and all documents, which related or refer to any such attempts. 29. If you deny that the Loan History attached as Exhibit "A" to the Request for Admissions provided an accurate accounting of all payments made by Defendants, explain fully the basis and reasons for said denial. 30. Set forth the name, address and contents of information possessed by all witnesses you intend to call at the trial of this matter. 31. Fully describe any documents which are being withheld from production pursuant to the attached request and the reasons why any such documents have been withheld. 32. Explain what investigation you have undertaken to determine what the principal balance of the loan is. 33.. . Explain what investigation you have undertaken to determine what the interest owing on the loan is. b 34. Explain what investigation you have undertaken to determine what the late charges of the loan are. 35. Explain what investigation you have undertaken to determine what the escrow deficit of the loan is. 36. Explain what investigation you have undertaken to determine what the title search/report fees are. • . . . 37. Does the.Note contain a provision for late charges? If yes, explain why you deny the calculation of late charges in your Answer. 38. Identify'all witnesses you intend to call at trial which, will present testimony to contradict the amounts claimed owed by Plaintiff. Also provide addresses and phone numbers for each witness and briefly describe the testimony to be presented by each witness. 39. List all exhibits you intend to introduce at trial which would support your denial of the amounts claimed by Plaintiff to be due and owing. Also, identify through whom you intend to introduce the exhibits. 40. Identify all expert witnesses you intend to call at trial in this matter who will testify as to the amounts owing on the loan. 41. Have you.had,any accountants or other financial professional perform an analysis of the loan to determine the amount owing? If yes, identify the person(s) and the name and address for each. 42. List each date Defendants attempted to contact Plaintiff regarding tender of payments, the phone number dialed and the individual with whom Defendants spoke. SHAPIRO & KREISMAN, LLC f i?- By.' Me D . Smith, Esquire rizon Drive, Suite 150 King of Prussia, PA 19406 .? (? + a (610) 278-6800 Date. J 06-26445 CERTIFICATE OF SERVICE ?,h I hereby certify that on the I day of 7 , 2006, I served a copy of the foregoing Plaintiffs Request for Admissions and Request for Production of Documents and Interrogatories upon the following by certified mail: Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 SHAPIRO & KREISMAN, LLC Meg n D. Si-nit , quire 4. In the ordinary course of its business, and in servicing mortgage loans, Plaintiff maintains a record of the history of its mortgage loans on computers into which employees of Plaintiff make entries of payments, disbursements and other appropriate transactions. Interest is calculated by computer software, which software is applied to all or substantially all of Plaintiffs borrowers, including Defendants. 5. On April 23, 2003, Defendants entered into a Mortgage Note in the principal amount of $130,500.00 in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY. 6. Also on April 23, 2003, Defendants entered into a Mortgage in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY which secured the indebtedness of the Note. 7. The real property subject to the Mortgage is located at 1021 Teakwood Lane, Enola, PA 17025. 8. Affiant is authorized to obtain a printed version of the data electronically maintained by Plaintiff for the subject mortgage loan account. Attached hereto and incorporated by reference is the payment history of the subject account. The Affiant has reviewed the history and, to the best of the Affiant's knowledge and belief, it is accurate and correct. 9. Defendants failed to make payment due on October 1, 2004 pursuant to the Note and Mortgage and thereafter have failed to make all payments on this obligation. 10. As of August 31, 2006, the amount due to Plaintiff pursuant to the aforementioned document is $162,487.26, which includes the following amounts: Principal of Mortgage Debt Due and Unpaid $129,373.52 Interest at 9.34% per annum from September 1, 2004 to August 31, 2006 ($33.07 per diem) $23,995.95 Late Charges $1,677.41 Escrow Deficit $5,465.24 Suspense Credit $(408.36) Property Inspection $52.50 Title Report Fee $275.00 BPO $664.00 Returned Check Fee $60.00 Satisfaction Cost $14.00 Attorney's Fees and costs $1,318.00 TOTAL $162,487.26 11. The per diem interest rate is $33.07 for each day after August 31, 2006 that the debt remains unpaid until judgment. 12. The mortgage sought to be foreclosed herein is due for the October 1, 2004 payment and all subsequent payments. The dollar amount of the regular monthly payment is $1,279.76. At no time have Defendants tendered a sum sufficient to contractually cure the delinquency herein. 13. Pursuant to the Mortgage, Plaintiff is entitled to reasonable fees incurred in the collection and enforcement of the Note and Mortgage. 14. Despite demand Defendants have not paid the amount due. 15. By letter dated April 21, 2006, Plaintiff sent Notice of Homeowner Emergency Assistance to Defendants as required pursuant to Pennsylvania law. A true and correct copy of said Notice is attached to the Complaint as an Exhibit. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF ? '2006. vuukk) . " L NOTARY PUBLIC o??r rL Notary Public State of Ffonda r °`r Queen Roberts My Commission OD566550 06-26445 ?o??.o Ex ires08/2812010 OCWEN Detail Transaction #NAME? TION --- #NAME? EFFECTIVE TIME RV TRN DESCRIPI NXT DUE/1 REVERSE PRINCIPAL 4/7/2003 23:59:01 NLD Loan DisbL NL NewLoan S 130,500.00 4/7/2003 23:59:04 ESP Escrow Pa, NL NewLoan S 130,500.00 5/23/2003 23:36:04 R Regular Pa 7/1/2003 130,433.62 6/24/2003 23:26:33 R Regular Pa 8/1/2003 130,366.72 6/27/2003 10:30:45 IVT Investor Pc O -66.9 6/27/2003 10:30:47 IVT Investor Pc 1 130,366.72 8/25/2003 12:28:40 EID Insurance 156 FORCED Ha 130,366.72 9/29/2003 12:10:41 ETD Tax Escrov 63 130,366.72 11/14/2003 13:05:28 EID Insurance 150 Hazard In. 130,366.72 12/23/2003 19:39:39 EIC Insurance 156 FORCED Ha 130,366.72 2/20/2004 23:59:01 AFB Forbearance Payment 130,366.72 2/20/2004 23:59:04 PAS Altplan Suspense Adj 130,366.72 2/20/2004 23:59:07 RMS Regular Mt 9/1/2003 130,299.30 2/20/2004 23:59:10 RMS Regular Mt 10/1/2003 130,231.35 2/20/2004 23:59:13 RMS Regular Mt 11/1/2003 130,162.87 4/21/2004 12:45:40 ETD Tax Escrov 39 130,162.87 4122/2004 18:10:53 ** AFB Forbearance Payment 4/29/2004 130,162.87 4/22/2004 18:10:56 ** PAS Altplan Suspense Adj 4/29/2004 130,162.87 4/22/2004 18:17:11 ** RSP Regular/Sr 12/1/2003 4/29/2004 130,093.86 4/29/2004 14:15:25 RV RSP Regular/Sp 11/1/2003 130,162.87 4/29/2004 14:15:36 RV PAS Altplan Suspense Adj 130,162.87 4/2912004 14:15:39 CB AFB Forbearance Payment 130,162.87 5113/2004 18:32:03 AFB Forbearance Payment 130,162.87 5/13/2004 18:32:06 PAS Altplan Suspense Adj 130,162.87 5/13/2004 18:41:02 RSP Regular/Sp 12/1/2003 130,093.86 8/24/2004 12:52:45 ETD Tax Escrov 63 130,093.86 8/25/2004 8:43:20 EID Insurance 150 Hazard In 130,093.86 12/10/2004 12:38:48 ETD Tax Escrov 39 130,093.86 1/26/2005 23:59:01 AFB Forbearance Payment 130,093.86 1/26/2005 23:59:04 PAS Altplan Suspense Adj 130,093.86 1/26/2005 23:59:07 RMS Regular Mt 1/1/2004 130,024.31 1/26/2005 23:59:10 RMS Regular Mt 2/1/2004 129,954.22 1/26/2005 23:59:13 RMS Regular Mt 3/1/2004 129,883.59 2/28/2005 21:39:09 AFB Forbearance Payment 129,883.59 2/28/2005 21:39:12 PAS Altplan Suspense Adj 129,883.59 2/28/2005 21:50:33 RSP Regular/Sp 4/112004 129,812.41 4/15/2005 13:11:29 ETD Tax Escrov 39 129,812.41 4/25/2005 18:47:36 AFB Forbearance Payment 129,812.41 4/25/2005 18:47:39 PAS Altplan Suspense Adj 129,812.41 4/25/2005 18:53:33 RSP Regular/SF 511/2004 129,740.67 5/5/2005 18:59:12 AFB Forbearance Payment 129,740.67 5/5/2005 18:59:15 PAS Altplan Suspense Adj 129,740.67 5/5/2005 19:06:16 RSP Regular/Sp 6/1/2004 129,668.37 6/8/2005 19:28:52 AFB Forbearance Payment 129,668.37 6/8/2005 19:28:55 PAS Altplan Suspense Adj 129,668.37 6/8/2005 19:44:59 RSP Regular/SF 7/1/2004 129,595.51 r ?? ?? M A t 6/15/2005 23:59:01 Icw Late Charge Waive 129,595.51 8/16/2005 11:45:09 ETD Tax Escrov 63 129,595.51 8/29/2005 8:43:00 EID Insurance 150 Hazard In 129,595.51 8/29/2005 21:29:22 AFB Forbearance Payment 129,595.51 8/29/2005 21:29:25 PAS Altplan Suspense Adj 129,595.51 8/29/2005 21:36:06 RSP Regular/Sp 8/1/2004 129,522.09 10/10/2005 20:29:37 ** AFB Forbearance Payment 129,522.09 10/10/2005 20:29:40 ** PAS Altplan Suspense Adj 129,522.09 10/10/2005 21:05:21 ** RSP Regular/Sp 9/1/2004 ########/ 129,448.09 10/13/2005 16:50:23 CB RSP Regular/Sp 8/1/2004 129,522.09 10/13/2005 16:50:30 RV PAS Altplan Suspense Adj 129,522.09 10/13/2005 16:50:33 CB AFB Forbearance Payment 129,522.09 12/15/2005 19:08:15 AFB Forbearance Payment 129,522.09 12/15/2005 19:08:18 PAS Altplan Suspense Adj 129,522.09 12/15/2005 19:17:53 RSP Regular/Sp 9/1/2004 129,448.09 12/28/2005 22:11:22 EXP Expense Payment 129,448.09 1/13/2006 18:45:21 AFB Forbearance Payment 129,448.09 1/13/2006 18:45:24 PAS Altplan Suspense Adj 129,448.09 1/13/2006 18:54:29 RSP Regular/Sp 10/1/2004 129,373.52 1/27/2006 18:25:25 ** AFB Forbearance Payment 2/1/2006 129,373.52 1/2712006 18:25:28 ** PAS Altplan Suspense Adj 2/1/2006 129,373.52 1/2712006 18:32:45 ** RSP Regular/SG 11/1/2004 2/1/2006 129,298.37 2/1/2006 18:23:13 CB RSP Regular/SF 10/1/2004 129,373.52 2/1/2006 18:23:21 RV PAS Altplan Suspense Adj 129,373.52 2/1/2006 18:23:24 CB AFB Forbearance Payment 129,373.52 4/12/2006 9:48:45 ETD Tax Escrov 39 129,373.52 History Page 0 BALANCE TOTAL - --APPLIED------------ ESCROW AMTOUNT PRINCIPAL INTEREST ESCROW SUSPENS OTHER 0-130,500.00 -130,500.00 0 0 0 0 1,314.20 1,314.20 0 0 1,314.20 0 0 1,511.85 1,279.76 66.38 1,015.73 197.65 0 0 1,709.50 1,279.76 66.9 1,015.21 197.65 0 0 0 128,724.12 130,433.62 0 -1,709.50 0 0 1,709.50 -128,724.12 -130,433.62 0 1,709.50 0 0 604.5 -1,105.00 0 0 -1,105.00 0 0 -1,035.12 -1,639.62 0 0 -1,639.62 0 0 -1,399.12 -364 0 0 -364 0 0 -686.61 712.51 0 0 712.51 0 0 -686.61 3,840.00 0 0 0 3,840.00 0 -686.61 0 0 0 0 -3,840.00 3,840.00 -488.96 0 67.42 1,014.69 197.65 0 -1,279.76 -291.31 0 67.95 1,014.16 197.65 0 -1,279.76 -93.66 0 68.48 1,013.63 197.65 0 -1,279.76 -533.43 -439.77 0 0 -439.77 0 0 -533.43 1,335.00 0 0 0 1,335.00 0 -533.43 0 0 0 0 -1,335.00 1,335.00 -335.78 0 69.01 1,013.10 197.65 0 -1,279.76 -533.43 0 -69.01 -1,013.10 -197.65 0 1,279.76 -533.43 0 0 0 0 1,335.00 -1,335.00 -533.43 -1,335.00 0 0 0 -1,335.00 0 -533.43 1,335.00 0 0 0 1,335.00 0 -533.43 0 0 0 0 -1,335.00 1,335.00 -335.78 0 69.01 1,013.10 197.65 0 -1,279.76 -2,075.84 -1,740.06 0 0 -1,740.06 0 0 -2,500.84 -425 0 0 -425 0 0 -2,502.84 -2 0 0 -2 0 0 -2,502.84 4,000.00 0 0 0 4,000.00 0 -2,502.84 0 0 0 0 -4,000.00 4,000.00 -2,305.19 0 69.55 1,012.56 197.65 0 -1,279.76 -2,107.54 0 70.09 1,012.02 197.65 0 -1,279.76 -1,909.89 0 70.63 1,011.48 197.65 0 -1,279.76 -1,909.89 1,300.00 0 0 0 1,300.00 0 -1,909.89 0 0 0 0 -1,300.00 1,300.00 -1,712.24 0 71.18 1,010.93 197.65 0 -1,279.76 -2,161.29 -449.05 0 0 -449.05 0 0 -2,161.29 1,350.00 0 0 0 1,350.00 0 -2,161.29 0 0 0 0 -1,350.00 1,350.00 -1,963.64 0 71.74 1,010.37 197.65 0 -1,279.76 -1,963.64 1,300.00 0 0 0 1,300.00 0 -1,963.64 0 0 0 0 -1,300.00 1,300.00 -1,765.99 0 72.3 1,009.81 197.65 0 -1,279.76 -1,765.99 1,300.00 0 0 0 1,300.00 0 -1,765.99 0 0 .0 0 -1,300.00 1,300.00 -1,568.34 0 72.86 1,009.25 197.65 0 -1,279.76 SHAPIRO & KREISMAN, LLC BY: MEGAN D.H. SMITH, ESQUIRE ATTORNEY I.D. NO: 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 Plaintiff, V. Donna M. Comp and Marlin L. Comp Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term VERIFICATION Megan D.H. Smith, Esquire, hereby states that she is the Attorney for Plaintiff in this action, and that the statements made in the foregoing Motion for Summary Judgment are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. SHAPIRO & KREISMAN, LLC BY eg 94 D. S quire At for Plaintiff Dated: 9 ! s IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2, Plaintiff, NO: 06-3031 Civil Term V. Donna M. Comp and Marlin L. Comp, Defendant(s). BRIEF IN SUPPORT OF MOTION OF PLAINTIFF, JPMORGAN CHASE BANK, AS TRUSTEE FOR THE REGISTERED HOLDER OF THE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2003-2, FOR SUMMARY JUDGMENT SHAPIRO & KREISMAN, LLC BY: MEGAN D.H. SMITH, ESQUIRE ATTORNEY I. D. NO: 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 INTRODUCTION Plaintiff, JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 ("Plaintiff'), commenced this action seeking a judgment in Mortgage Foreclosure against Defendants, Donna M. Comp and Marlin L. Comp (hereinafter collectively referred to as "Defendants"), in an amount equal to the principal, interest, late charges, escrow advances, costs and attorneys' fees due pursuant to a mortgage given to secure the indebtedness of Defendants. There is no dispute concerning the existence of the obligation, the amount owed, or that the debt has not been paid in accordance with the terms of the Mortgage. Because there is no dispute as to any genuine issue of material fact, and because Plaintiff is entitled to judgment as a matter of law, Plaintiff respectfully requests that summary judgment be entered in Plaintiffs favor. PROCEDURAL HISTORY Plaintiff filed a Complaint in Mortgage Foreclosure (the "Complaint") with the CUMBERLAND County Prothonotary's Office on May 25, 2006 and Defendants filed an Answer to the Complaint on June 26, 2006. Plaintiff thereafter served discovery requests upon Defendants, and Defendants have failed to respond to said discovery. The pleadings and discovery have been completed, and all relevant factual issues have been resolved. Therefore, the matter is ripe for summary judgment and disposition of the motion will not delay trial. STATEMENT OF THE CASE On April 23, 2003, Defendants executed a mortgage note in the principal sum of $130,500.00 (the "Note"). On the same day, Defendants entered into a mortgage in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY, which secured the indebtedness of the Note (the "Mortgage"). The real property, which is subject to the Mortgage, is located at 1021 Teakwood Lane, Enola, PA 17025 (the "Mortgaged Premises"). Defendants failed to make the payment due on October 1, 2004, required pursuant to the Note and Mortgage, and thereafter have failed to make any payment on this obligation. Despite demand, Defendants have failed to make any further payments on account of the indebtedness to Plaintiff. The amount due and owing through August 31, 2006 under the foregoing agreements is $162,487.26. This includes a principal balance of $129,373.52 and interest at the rate of 9.34% per annum from September 1, 2004 through August 31, 2006, in the amount of $23,995.95, as well as late charges for that same period in the amount of $1,677.41, an escrow overdraft in the amount of $5,465.24, a suspense credit in the amount of $408.36, a property inspection fee in the amount of $52.50, a title report fee in the amount of $275.00, a BPO in the amount of $664.00, a returned check fee in the amount of $60.00, a satisfaction cost in the amount of $14.00 and attorneys' fees and costs of $1,318.00. After August 31, 2006, interest accrues at a per diem rate of $33.07 until judgment on mortgage foreclosure is entered. ARGUMENT 1. THE EVIDENTIARY RECORD ESTABLISHES THAT THERE IS NO GENUINE ISSUE AS TO ANY MATERIAL FACT. A. Standard For Granting Summary Judgment. Summary judgment is governed by Rule 103 5.2, which provides, in pertinent part: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report. (2) if, after completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issue to be submitted to a jury. Pa. R.C.P. No. 1035.2. Since Rule 1035.2 was amended, the Pennsylvania Supreme Court provided guidance as to the new standard in Ertel v. Patriot News Co., 544 Pa. 93, 674 A.2d 1038 (1996). The court accepted the standard of review in motions for summary judgment as established by the United y States Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), and Anderson v. Libert Lobby, 477 U.S. 242 (1986). In these decisions, the Supreme Court stated that a non-moving party on a motion for summary judgment must produce sufficient evidence on an issue essential to its case and on which he bears the burden of proof such that a jury could return a verdict in his favor. The Pennsylvania Supreme Court in Ertel specifically stated that this standard is consistent with the amended rule 1035. Ertel at 101, 674 A.2d at 1042. This new standard places a burden on the non-moving party to come forward with evidence to defeat the motion. Even with the amendment to the rules, the purpose of summary judgment remains the same. According to the rules of procedure, summary judgment is properly granted where the pleadings, depositions, answers to interrogatories, admissions on file, together with affidavits show that "there is no genuine issue of any material fact as to a necessary element of the cause of action." Pa. R.C.P. No. 1035.2; see also, Marks v. Tasman and Benson, 527 Pa. 132, 589 A.2d 205 (1991); Citicorp Mortgage Inc v. Morrisville Hampton Village realty Limited Partnership, 443 Pa. Super. 595, 662 A.2d 1120 (1995). The function of the summary judgment is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no genuine issue of material fact is raised. Williams v. Pilgrim Life Insurance Co., 306 Pa. Super. 135, 461 A.2d 833 (1983). Another purpose is to avoid a useless trial. Dillon v. Nat'l R.R. Corp., 345 Pa. Super. 126, 136, 497 A.2d 1336, 1341 (1985). Summaryjudgment is also designed to pierce the pleadings and assess the proof to determine whether there is a genuine need for a trial. Phaff v. Gerner, 451 Pa. 146, 303 A.2d 826 (1973). Plaintiff has the burden of demonstrating that there is no genuine issue of material fact. Hower v. Whitmark Assoc., 371 Pa. Super.443, 381 A.2d 524 (1988); Carollo v. 48 Insulation, Inc., 252 Pa. Super. 422, 381 A.2d 990 (1977). Once such a showing is made, summary judgment is appropriate if an adverse party is unable to come forward with probative evidence which demonstrates that it is not liable to Plaintiff. Phaff v. Gerner, 541 Pa. 146, 303 A.2d 826 (1973). When the moving party make out a case for summary judgment, the adverse party may not claim that the averments of his pleading alone are sufficient to raise a genuine issue of fact so as to defeat the motion. The adverse party must set forth specific facts showing there is a genuine issue of fact for trial. Id. See, also, Pape v. Smith, 227 Pa. 80, 323 A.2d 856 (1974); Amabile v. Auto Kleen Car Wash, 249 Pa. 240, 376 A.2d 247 (1977). In this matter, Plaintiff respectfully submits that the evidentiary record, as defined by Pa. R.C.P. No. 1035.1 (pleadings and exhibits, depositions if any, answers to interrogatories, admissions and affidavits), in this matter establishes conclusively that the material facts are undisputed and, therefore, there is no issue for disposition by the finder of fact. The official commentary to Rule 1035.2 provide, in relevant part: Rule 1035.2 sets forth the general principle that a motion for summary judgment is based on an evidentiary record, which entitles the moving party to a judgment as a matter of law. The evidentiary record may be one of two types. Under subparagraph (1), the records shows that the material facts are undisputed and, therefore, there is not issue to be submitted to a jury. 4 An example of a motion under subparagraph (1) is a motion supported by a record containing an admission. By virtue of the admission no issue of fact could be established by further discovery or expert report. Pa. R.C.P. No. 1035.2 (emphasis added). B. The Admissions And Defective Denials In The Answer Remove Any Issues Of Fact. In this matter, the material facts of Plaintiffs cause of action are undisputed and, therefore, there is no triable issue for disposition by the finder of fact. The material facts are undisputed either because Defendants have admitted same or has failed to raise any material issue of fact in dispute so as to preclude the entry of summary judgment. In the Answer to Plaintiffs Complaint, Defendants admit the following: (a) The parties to the Mortgage; (b) The date and recording information of the Mortgage; (c) The Assignments of the Mortgage; (d) Plaintiff is the current holder of the Mortgage; (e) The legal description of the Mortgaged Premises; (f) Defendants are the real owners and mortgagors; (g) Defendants' mailing address; (h) Defendants received notice of intention to foreclose; Defendants have attempted to deny the total itemization, claiming: The total amount due is incorrect. Defendant's Answer, however, fails to plead any specific facts to support these allegations. As a result, Defendant's Answer fails to plead with the requisite factual specificity required by Pa. R.C.P. Nos. 1019(a), (b), (f), (h); and 1029(a) and (b). Therefore, Defendant's Answer fails specifically to raise a genuine issue as to any material fact which would preclude entry of summary judgment in Plaintiffs favor. Additionally, Defendants only generally deny the allegation of default and demand proof of same. However, it is well settled that averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication; a general denial shall have the effect of an admission. Pa. R.C.P. No. 1029(b). Reliance on Pa. R.C.P. No. 1029(c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. Cercone v. Cercone, 254 Pa. Super. 381, 386 A.2d 1 (1978); Commonwealth by Preate v. Rainbow Associates, Inc., 138 Pa. Cmwlth. 56, 587 A.2d 357 (1991). Similarly, general denials or claims of insufficient knowledge and belief as to the truth of the mortgage debt due and owing are to be deemed admissions. As the court stated in New York Guardian Mortgage Corporation v. Dietzel, 362 Pa. Super. 426, 429, 524 A. 2d 951, 952 (1987) Appellants, in their answer to appellee's complaint, admitted that they were behind in their mortgage payments. Likewise, appellants' general denial that they are 'without information sufficient to form a belief as to the truth of appellee's averment as to the principal and interest due is to be considered an admission of those facts. Id. at 429, 524 A. 2d 952. See also, Cercone v. Cercone, 254 Pa. Super. 381, 386 A.2d 1 (1978). The Pennsylvania Superior Court "has held ... that, in mortgage foreclosure actions, general denials by mortgagors that they are without information sufficient to form a belief as to the truth of averments as to principal and interest owing must be considered an admission of those facts." First Wisconsin Trust Co. v. Strausser, 439 Pa. Super. 192, 653 A.2d 688 (1995). See also, New York Guardian Mortgage Corp. v. Dietzel, 362 Pa. Super. 426, 524 A.2d 951, 952 (1987). Therefore, under Pa. R.C.P. No. 1029(b), Defendants' general denial and demand for 6 proof in response to Plaintiffs averment of default must be deemed a conclusive admission to that default. C. Defendants' Failure To Respond To Admission Requests Has Resulted In Those Facts Being Conclusively admitted. Moreover, on or about July 12, 2006, Plaintiff served Defendants with its First Set of Interrogatories and Request for Production of Documents, together with Plaintiffs Request for Admissions (hereinafter collectively referred to as "Plaintiffs Discovery"). The Interrogatories seek to elicit detailed factual reasons for any denials to the requested admissions, and the document requests required Defendants to produce copies of all documentation which would be supportive of such denials. Defendants failed to produce any document or file any response to Plaintiffs Discovery. Accordingly, Defendants have admitted all of Plaintiffs Request for Admissions. The Commonwealth Court of Pennsylvania has held that when a party fails to answer a Request for Admissions within the thirty (30) day period allowed by Pa. R.C.P. No. 4014 (b), or does not timely move the court for an extension of time to respond, the matters set forth in the request are deemed conclusively admitted for purposes of a motion for summary judgment. Poli v. South Union Township Sewage Authority, 56 Pa. Commw. 62, 424 A. 2d 568 (1981). In this case, the Request for Admissions, properly served on Defendant Donna M. Comp and Marlin L. Comp, requested Defendants to admit the substantive facts constituting grounds for entry of an in rem judgment in mortgage foreclosure against Defendants. Defendant's failure to deny or object to said Request, coupled with Plaintiffs Affidavit attached to the Motion, demonstrates that Plaintiff has met its burden. In support of its Motion for Summary Judgment, Plaintiff has provided the Affidavit of Jasmine Santiago, a Foreclosure Facilitator employed by Plaintiff. The Affidavit conclusively 7 establishes (i) that Defendants defaulted on their loan and (ii) the current amount due pursuant to the loan documentation. The pleadings, exhibits thereto, Defendant's failure to file any document or response to Plaintiffs Discovery and Defendant's Admissions pursuant to Pa. R.C.P. No. 4014, together with Plaintiffs Affidavit of Amount Due and Loan History, clearly demonstrate that there is no genuine issue as to any material fact. Plaintiff therefore respectfully requests entry of summary judgment in its favor. II. PLAINTIFF IS ENTITLED TO ENTRY OF SUMMARY JUDGMENT IN ITS FAVOR AND AGAINST DEFENDANTS AS A MATTER OF LAW. The uncontroverted facts in this case establish all of the elements in a cause of action for mortgage foreclosure. "Summary judgment is properly granted in mortgage foreclosure actions where the mortgagor admits that he is delinquent in mortgage payments." First Wisconsin Trust Co. v. Strausser, 439 Pa. Super. 192, 653 A.2d 688 (1995), (citing New York Guardian Mortgage Corp. v. Dietzel, 362 Pa. Super. 426, 574 A.2d 951 (1987)). In contrast to Defendant's bare denials contained in their Answer, Plaintiff has established, through submission of the Loan Documents, Defendant's obligation to Plaintiff and the right of Plaintiff to recover the subject premises by foreclosure upon breach of that obligation. Thereafter, by virtue of Plaintiffs Affidavit of Amount Due and Loan History, Plaintiff has shown that Defendants have failed to make payment as required by the Loan Documents, as well as the total amount presently due from Defendants. Plaintiff therefore has met the burden of showing entitlement to summary judgment as a matter of law. Plaintiff recognizes that, generally, affidavit testimony alone, even if uncontradicted, is generally insufficient to establish the absence of a genuine issue of material fact. See, Nanty-Glo v. American Surety Co., 309 Pa. 285, 163 A. 523 (1932). However, an exception exists where the moving party supports its motion by using the admissions of the opposing party. Porterfield v. Trustees of Hospital of University of Penns. ly vania, 441 Pa. Super. 529, 657 A.2d 1293 (1995); Sherman v. Franklin Regional Medical Center, 443 Pa. Super. 112, 660 A.2d 1370, 1372, alloc. denied, 543 Pa. 695, 670 A.2d 142 (1995). Another exception to the Nanty-Glo rule exists where there are no credibility issues to be decided. Resolution Trust Corp. v. Urban Redevelopment Authority of Pittsburgh, 563 Pa. 219, 638 A.2d 972, (1994). In this case, Plaintiff is not relying solely upon its own affidavit testimony in support of its motion for summary judgment, but upon extrinsic evidence such as the Defendant's own admissions; additionally, the credibility of the Plaintiffs witness is not at issue since the witness is certifying business records of Plaintiff. As a result, the Nanty-Glo rule is inapplicable. The pleadings, exhibits thereto, together with Plaintiffs Affidavit of Amount Due and Loan History, clearly demonstrate that there is no genuine issue as to any material fact. Therefore, Plaintiff is entitled to summary judgment as a matter of law. 9 CONCLUSION For the foregoing reasons, Plaintiff, JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2, respectfully requests that this Honorable Court grant its Motion for Summary Judgment and enter judgment of Mortgage Foreclosure in rem in its favor and against Defendants, Donna M. Comp and Marlin L. Comp, jointly and severally, in the amount of $162,487.26, authorizing sale of the mortgaged property, together with additional expenses and interest through the date of judgment and thereafter as provided by the Mortgage and applicable law, plus costs. Respectfully submitted, SHAPIRO & KREISMAN, LLC 1 q? BY: Dated: 5 V 4Ma n .H. Smi , ire y for Plaintiff 10 SHAPIRO & KREISMAN, LLC BY: MEGAN D.H. SMITH, ESQUIRE ATTORNEY I.D. NO: 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 Plaintiff, V. Donna M. Comp and Marlin L. Comp Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term CERTIFICATE OF SERVICE Megan D.H. Smith, Esquire, attorney for Plaintiff, hereby certifies that true and correct copies of the foregoing Motion for Summary Judgment, Memorandum of Law and Affidavit in Support of same, together with any other documentation specifically referenced in the transmittal letter, were sent by first class mail, postage pre-paid, on S Q ?t w-Lf I , X to the following party as listed below: Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 SHAPIRO & KREISMAN, LLC BY• r e m ire _, `_ ? .__ ..,. ___ v, .._ c. ... ; SHERIFF'S RETURN - REGULAR CASE NO: 2006-03031 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK VS COMP DONNA M ET AL ; ..iir 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 COMP DONNA M DEFENDANT the at 1653:00 HOURS, on the 19th day of June , 2006 at 1021 TEAKWOOD LANE ENOLA, PA 17025 by handing to DONNA COMP a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.20/ 06/20/2006 '7/11/0` SHAPIRO & KREISMAN Sworn and Subscibed to By: before me this day of A. D. .i?1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-03031 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK VS COMP DONNA M ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COMP MARLIN L the DEFENDANT at 1653:00 HOURS, on the 19th day of June , 2006 at 1021 TEAKWOOD LANE ENOLA, PA 17025 by handing to DONNA COMP, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00/ 06/20/2006 1 SHAPIRO & KREISMAN Sworn and Subscibed to By: before me this day D p y S eriff of A.D. i :.rli? .3? SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-03031 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JPMORGAN CHASE BANK w. VS COMP DONNA M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT , OCCUPANT 1021 TEAKWOOD LANE ENOLA, PA 17025 THERE WERE NO OTHER TENANTS. Sheriff's Costs: So an Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 i f of Cumberland County .00 21.00 SHAPIRO & KREISMAN 06/20/2006 Sworn and Subscribed to before me this day of , A. D. 1' 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. -------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 (Plaintiff) vs. Donna M. Comp and Marlin L. Comp (Defendant) No. 06-3031 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: Kevin Diskin, Esquire, Shapiro & Kreisman, LLC (Name and Address) 3600 Horizon Dr., Suite 150, King of Prussia, PA 19406 (b) for defendant: Frank E. Yourick, Esquire (Name and Address} P.O. Box 64, Murrysville, PA 15668 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 6, 2006 Date: (? 3 O 6 wgnature ?5 Uir K2VI 15 iV1 Print your name PIQ'I01 Attorney for SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQUIRE ATTORNEY I.D. NO: 86727 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term V. Donna M. Comp and Marlin L. Comp DEFENDANT(S) CERTIFICATION OF SERVICE I?,? "Kevin Diskin, Esquire, Counsel for Plaintiff, hereby certify that on _040 1 -c `1 it Q_WL , a true and correct copy of the attached Praecipe for Argument was served by mailed same by regular mail, postage prepaid, to: Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 SHAPIRO Kevin D_ Attorney for ;ISMAN, LLC Esquire SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 Plaintiff, V. Donna M. Comp and Marlin L. Comp Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term MOTION OF PLAINTIFF, JPMORGAN CHASE BANK, AS TRUSTEE FOR THE REGISTERED HOLDER OF THE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2003-2 FOR SUMMARY JUDGMENT Plaintiff, JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 (hereinafter referred to as 'Plaintiff'), by and through its attorneys, Shapiro & Kreisman, LLC, pursuant to Pa. R.C.P. No. 1035.1 et seg., hereby moves this Court for Summary Judgment in its favor and against Defendants Donna M. Comp and Marlin L. Comp (hereinafter referred to as "Defendants"). In support of this Motion, Plaintiff avers the following: 1. On or about April 23, 2003, Defendants borrowed the principal sum of $130,500.00 from Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc., and as evidence thereof executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. their promissory note in the amount of $130,500.00 on the same date (the 'Promissory Note"). A true and correct copy of the Promissory Note is attached hereto, incorporated herein by reference and marked as Plaintiffs Exhibit "A." 2. In order to secure their obligations under the Promissory Note, Defendants also executed a purchase money mortgage on the same date (the "Mortgage") in the amount of $130,500.00, describing and encumbering certain real property located at 1021 Teakwood Lane, Enola, PA 17025 (the "Mortgaged Premises"). The Mortgage was duly recorded in the Office of the Recorder of Deed of Cumberland County on May 5, 2003 at Book 1809, Page 3648, et seq. A true and correct copy of the Mortgage is attached hereto, incorporated herein by reference and marked as Plaintiffs Exhibit "B." 3. Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. subsequently assigned the Promissory Note and Mortgage to JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2, by written assignment, dated April 12, 2006, which assignment was duly recorded in the Office of the Recorded of Deeds in Cumberland County on September 13, 2006 in Book 0730, Page 1660 (the "Assignment"). A true and correct copy of the Assignment is attached hereto, incorporated herein by reference and marked as Plaintiff s Exhibit "C." 4. Defendants subsequently defaulted under the Note and Mortgage (collectively referred to as the "Loan Documents") by failing to make the required monthly payment of principal, interest and other collectible charges under the Loan Documents, which payment was due on September 1, 2005, and all payments since then. 5. On or about May 25, 2006, Plaintiff instituted an action in mortgage foreclosure against Defendants pursuant to Pa. R.C.P. No. 1141 et seq. (the "Foreclosure Action"). Plaintiff commenced the Foreclosure Action with respect to the Mortgaged Premises, as a result of Defendants' failure to make the payments of principal and interest, together with other charges as authorized by the Loan Documents when due. A true and correct copy of the Complaint is attached hereto, incorporated herein by reference and marked as Plaintiffs Exhibit "D." 6. On or about June 26, 2006, Defendants filed an Answer (the "Answer") to Plaintiffs Complaint. A true and correct copy of the Answer is attached hereto, incorporated herein by reference and marked as Plaintiffs Exhibit "E." 7. In the Answer, Defendants admit the parties to the mortgage, Plaintiff currently hold the Mortgage, the legal description of the Mortgaged Premises and that Defendants are the real owners and mortgagors of the Mortgaged Premises. 8. Defendants' purported denials in the Answer fail to plead with the requisite factual specificity required by Pa. R.C.P. 1029(a) and (b). 9. Defendants' Answer fails specifically to raise a genuine or triable issue as to any material fact which would preclude entry of the Summary Judgment in Plaintiffs favor. 10. Pursuant to the terms of the Loan Documents, upon Defendants' failure to make the payments, as set forth hereinabove, all of the sums due in accordance with the Loan Documents are, upon demand, immediately due and collectible. 11. On or about July 12, 2006, Plaintiff served Defendants its First Set of Interrogatories and Request for Production of Documents, together with Plaintiffs Request for Admissions (hereinafter collectively referred to as "Plaintiffs Discovery"). True and correct copies of Plaintiffs Discovery are attached hereto, incorporated herein by reference and marked as Plaintiffs Exhibit "F." 12. Plaintiffs Request for Admission sought admission of the following matters: a. Defendants executed the Note and Mortgage on April 23, 2003 in the amount of $130,500.00; b. That the Note is secured by the Mortgage covering the property; C. Defendants failed to make the September 1, 2005 payments and subsequent payments; thereby defaulting under the Mortgage; d. Defendants have not tendered monies sufficient to cure the full mortgage arrearages on the delinquent account; 13. Defendants failed to serve Plaintiff with Responses to Plaintiffs Discovery by August 12, 2006, as required by the Pennsylvania Rules of Civil Procedure. Pursuant to Pa. R.C.P. No. 4014(b), the matters covered by Plaintiffs Requests for Admission were therefore deemed to have been conclusively admitted, thirty (30) days after the service of the Request for Admissions upon the Defendant's counsel. Poli v. South Union Township Sewage Authority, 56 Pa. Commw. 62, 424 A.2d 568 (1981). 14. On August 16, 2006 Plaintiffs counsel sent a letter to Defendants' counsel notifying counsel that Defendants had not responded to Plaintiffs Discovery as required, and that the Requests for Admission were deemed admitted. Plaintiff also granted a unilateral extension of time until August 28, 2006 for Defendants to respond to Plaintiffs Interrogatories and Request for Production of Documents. A true and correct copy of the letter is attached hereto, incorporated herein by reference and marked as Plaintiffs Exhibit "G." 15. To date, Defendants have not served any answers or documents in response to Plaintiffs Discovery requests, thereby failing to provide any information or documents refuting Plaintiffs allegations. Defendants have therefore failed to raise a genuine issue as to any material fact in this case. 16. Attached hereto, incorporated herein by reference and marked as Plaintiffs Exhibit "H" is Plaintiffs Affidavit of Anna V. Jimenez-Reyes in support of this Motion for Summary Judgment, and attached thereto is the current and updated loan history, which together establish that the Mortgage continues to be in default, and that as of February 15, 2008, the following amounts are due and owing to Plaintiff under the Mortgage: Principal of Mortgage Debt Due and Unpaid $128,513.92 Interest at 9.34% per annum from August 1, 2005 to February 15, 2008 ($32.89 per diem) $30,199.11 Late Charges $2,164.40 Escrow Deficit $6,825.56 Prior Payment Shortage $16.59 Property Inspections $115.50 Title Report Fee $275.00 Appraisal Fees $886.00 NSF Fees $85.00 Satisfaction cost $27.00 Suspense Credit ($55.24) Attorney's Fees and costs $1,895.70 TOTAL $170,948.54 17. The pleadings, exhibits thereto, Defendants' failure to respond to Plaintiffs Discovery, Defendant's Admissions on file pursuant to Pa. R.C.P. No. 4014(b), together with Plaintiffs Affidavit of Amount Due and Loan History, clearly demonstrate that there is no genuine issue as to any material fact, and that Plaintiff is entitled to summary judgment as a matter of law. Further, disposition of the motion will not delay trial in this matter. WHEREFORE, Plaintiff, JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 respectfully prays that this Honorable Court enter judgment of Mortgage Foreclosure in rem in its favor and against Defendants, Donna M. Comp and Marlin L. Comp, jointly and severally, in the amount of $170,948.54, authorizing sale of the mortgaged property, together with additional expenses and interest through the date of judgment and thereafter as provided by the Mortgage and applicable law, plus reasonable attorneys' fees actually incurred, and costs. A proposed order to such effect is filed herewith. Respectfully submitted, & KREISMAN, LLC Dated: 1? - ?) - I 06-26445 Y: ?s 1a v? auren R. Tabas, Esquire Attorney for Plaintiff/Movant Attorney I.D. No. 93337 p-t, NOW, NOTE ? 1#: 0304230707 ,,4 `?,f. -_an is 0101802403 Date: April 94-, 20ta3 State: Pennsylvania Property Address: 1021 Teakwood Lane, Enola, PA 17025 Address *2: Address +t3: L BORROWER'S PROMISE TO PAY In return for a loan that I have received, i promise to pay U.S. $ 130,500.00 (this amount will be called .principal"',, plus interest, to the order of the Lender. - The Lender is: FIDELITY MORTGAGE INC - NY 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 will be called the "Note Holder." 2. INTEREST 1 will pay interest at a yearly rate of 9.340 90. Interest will be charged on unpaid principal until the full amount of principal has been paid. 3. PAYMENTS I will pay 360 payments of $1,082.11 representing principal and interest beginning on 06/01/2003 and monthly thereafter. I will make these payments every month until I have paid all of the principal and interest and any charges, described below, that I may owe under this Note. Payments will be applied to interest before principal. If on May 1, 2033 I still owe amounts under this Note, I will pay all those amounts, in full, on that date. 1 will make my monthly payments at FIDELITY MORTGAGE INC - NY 1000 Woodbury Road, suite 300 Woodbury, NY 11797 or at a different place if required by the Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of my monthly payments by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment but not less than U.S. $54.11 and not more than U.S. $ 54.11 1 will pay this late charge only once on any 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. If 1 am in default. 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. I may be notified in writing about this default and how to cure it prior to acceleration. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (C) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back for all of its costs and expenses to the extent not prohibited by applicable law. 'those expenses include, for example, reasonable attorneys' fees. 5. BORROWER'S PAYMENTS BEFORE THEY ARE DUE I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in a letter that 1 am doing so. A prepayment of all of the unpaid principal is known as "full prepayment". A prepayment on only part of the unpaid principal is known as a "partial prepayment". The Note Holder will use my prepayments to reduce the amount of principal f owe under this Note. The Debt secured by this mortgage may be prepaid, in whole or in part, at any time. However, should such prepayment be made within the first three years from the date of the loan, there shall be paid to the holder'of this mortgage a sum equal to 5% of the amount prepaid. If I make a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. 1 may make a full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. 6. LOAN CHARGES If a law, which applies to this ban and which sets maximum loan charges, is finally interpreted so that the interest or other ban charges collected or to be collected in connection with this loan exceed the permitted Emits, then: (i) any such loan charge 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. AUNZM JEX410b.y'A" 7. soe"OWER'S ' rERS Oak i waive my rights to require the ...it Holder to do certain things. Those thine.,,are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who signs this Note to transfer it to someone else also waives these rights. These persons are known as "guarantors, sureties and endorsers." 8. GIYIKG OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above. A notice will be delivered or mailed to me at a different address if i give the Note Holder 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 certified mail to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of its together. This means that any one of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety or endorser of this Note (as described in Section 7 above) is also obligated to keep all of the promises made in this Note. 10. If f am in default for any reason, you have the right to demand payment of the entire amount I owe you. If Lender requires payment in full or in the event of a foreclosure action, I agree that whenever an attorney is used to obtain payment under or otherwise enforce this mortgage or to enforce, declare or adjudicate any rights or obligations under this mortgage or with respect to the mortgaged premises, whether by suit or by any other means whatsoever, reasonable attorneys' fees and disbursements incurred by the mortgagee in connection therewith shall be payable by me and shall be deemed to be part of the debt secured by this mortgage, and that such total amount shall he paid by me with interest, up to the day you actually receive such payment, even after a judgment of foreclosure and sale is granted; in the event of a default, the interest rate will be 16% per annum. 11. BANKRUPTCY If I am permitted to cure a default of this Note or the Mortgage securing this Note pursuant to the United States Bankruptcy Code (Title 11 U.S.C.) or other applicable law, i specifically agree that the amount necessary to cure the default shall include the sum of all amounts past due under the terms of the Note and/or Mortgage, including all principal, interest, and late charges, and all amounts advanced by Lender pursuant to the terms of the Note and/or Mortgage, including all attorney's fees and interest rate required by the Note and/or Mortgage from the date on which 1 elect to cure the default to the date on which the default is fully cured. Nothing herein shall be construed to allow me any right to cure any default of the Note or Mortgage except as specifically authorized under the United States Bankruptcy Code (Title 11 U.S.C) or other applicable law. 12. APPLICATION OF PAYMENTS Payments will be applied, when received, first to prepayment charges due under the Note; next to pay accumulated late charges under the Note; next to pay any payments due for taxes, insurance or other charges or advances necessary to protect Lender's security, next to interest and finally to principal. 13. DEFAULT IN THE PAYMENT OF THE LOAN AGREEMENT MAY RESULT IN THE LOSS OF THE PROPERTY SECURING THIS LOAN, UNDER FEDERAL LAW, YOU MAY HAVE THE RIGHT TO CANCEL THIS AGREEMENT. IF YOU HAVE THIS RIGHT, THE CREDITOR IS REOUIRED TO PROVIDE YOU WITH A SEPARATE WRITTEN NOTICE SPECIFYING THE CIRCUMSTANCES AND TIMES UNDER WHICH YOU CAN EXERCISE MS RIGHT. 14. NOTE SECURED BY A MORTGAGE This Note is a 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 1 do not keep the promises which I make in this Note. That Security instrument describes how and under what conditions I may be required to mate immedi a ment in full of all amounts i owe under this Note. a3 i. n? d.. ?C Dated: April 2+, 2003 Property Address: 1021 Teakwood Lane, Enola, PA 17025 Address +t2: Address i13: MARLIN L. CCMP /LLKJTEI 0 ALLONGE RE: DONNA M. COMP MARLIN L. COMP LOAN #: 0101802403 APP #: 0304230707 PROPERTY ADDRESS: 1021 Teakwood Lane, Enola, PA 17025 ADDRESS #2: ADDRESS #3: PAY TO THE ORDER OF: ,?ncr+ r??v=.?a- co.aP- WITHOUT RECOURSE FIDELITY MORTGAGE INC. CALLGNG f *OVA. ALLONGE RE: DONNA M. COMP MARLIN L. COMP LOAN *: 0101802403 APP #: 0304230707 PROPERTY ADDRESS: 1021 Teakwood Lane, Enola, PA 17025 ADDRESS #2: ADDRESS #3: PAY TO THE ORDER OF: JP MORCAN CHASE BANK, AS TRUSTEE FOR RENAISSANCE HEL TRUST 2003-2 WITHOUT RECOURSE DELTA FUNDING CORPORATION BY CAROL HOLLMANN, VICE PRESIDENT b_alorq knDELiTY MUG= M - NY ? Cu t.E P 1000 wood AMY Road, Suite 300 ':-.T r . . _ 1r,,, Woodbury, NY 11797 OF DEEDS Parcel 1:+t2D COUNTY-"'. rule lets>arer: File No.: ??py , Afl 9 17 Above This lihue for Reoordn?intdrNta' MO)RT"GS Loan Number: 0101802403 MIN Nambat:100176600012408922 App Number. 0304230707 ?? C-II WORDS MD Or= In TBIS DOCUNMfr /-K. -W•C. (A) "5eenrity instrument." 'Phis MorWV, whieb u Dated April M 2003 Val be called the "Security Agreement." (B) "Borrover(s)_" DONNA M. COMP and XULIN L. COMP residing at 1021 Teakwood Lane, Enola, PA 17025 sometimes will be called Soiroww, and wmadmes simply "t" Or -Inc.- (C) "Lawn." FIMUTY MONC> M M - NY will be aped "Lender." Lander is a arrpotsaion which erists under tht laws of the Scat of Delaware Larder's addtess 15: 1000. Woodbury Road, suite 300 Woodbury, NY 11797 23 e' (D) "Note ` The Note signed by Borrower and dated. April 2*-, 2003 wil be called the "Note' The Note shows that I owe Leader One Hundred Thirty Thousand Five Hundred and No/100 (_ - 330, 500.00 ) phn tatend. I have promised to pay this debt in monthly payments and to pay the debt In full by May 1, 2033 (8) "MERS" is Mortgage Elaaroaie Regisntion System, lac. MERS is a aepuate Corporation that is AWng solely ms a notalrtee for lender and Lender's wcoewws sad assigns. MERS Is the matgsgee under this gems" Insttuaawtt. MERE is orpati m f and exl%%S tinder the h m of Deiawan, and has an addwas and tekphone number of P.O. Box 2D26„ Flits. Art 4001-2ffi6, set (89) 619-MERS. (F) -Property." The-peopaty that is described betas in the section dated -Dac ipdon of the Property" will be called the Property, which is located in Cumberland Ct71JNrY, PENNSYLVANIA. (0) "Saris secured," the amounts described below in the section tided Bortowees Transfer to Leader of RhSas is the Propnty sometimes vKU be cAAW the -sums seem" BORROWER'S TRANUM TO LVIDER OF RIGZn IN THE PROPERTY. I manage, past and convey the Property dcml)ed below to Lender. subject to do terms of this Security her went. For this purpose, Borrower does hereby mortgage. grant and convey to MM (solely as nominee far Lender and Lender's anoaestors and aasipts) and to the suwepors and ainips of MLRS thoaa tight that are anted in Otis Security Imatru0OM, and 4150 those rights that the lew gives to leaders who hold movtgga on real propeM. Borrower understands std agrees that MORS holds only legal title to the (ntaests p4ated by Somwwer in this Security tmArument, but, R necessary to comply with law or eastom, MGRS (as nominee for Lander AM Lender's successors and assigns) has the r(gpt: to exercise any or all of those interests, indadia& but trot Ihnked to, rite right oo fit UWM and an the Propmry; and to take any action required of Leader including. but not limited to, releasing and wnodind this Security Ialtensment. I ass #ft Leader these don to protea Leader fray possMe knew tbat might result u I fait toe (A) Pay mil the amounts that I owe larder As stated In the Note, with' intetbst, and ax renewals, emosions mad saodrd Ca ions to the Nast; (0) Pay, with iaterest, any amounts that Leader spends under Paragraphs 2 And 7 of this Security Instrumart to protect the value of the Property and L order's rW is in the Property: and (C) keep all of my other promises and agmateents under this Security Instrument, and the Note. OK 1809PG3648 Dee 020111 - teJt)frl DBS011MON OF Tf9E PROPERTY T Si" Lender d#= is the Propeey desctibed h (A) dwl* (J) below. (A) The Property located at 1021 Teakwood Lane, Enola, PA 17025 Address : z: Address ! 9: 77te kvd de=ipdon of the Properly Is note fully descibed in the Schedule A" Legal Desaiptioa smclmd •hereta and made a part ltareoe (11) An buUWSe and other improvemarts star are located on the Property described in subparagraph (A) of fhb season; (G) Ad rights in other peopenp that T have as owner of 96 Property dumbed in mbparagraph (A) of this section. Time tights are known a "easeawm' rust and appareeaaa= attached to the Property;` WAS.* nts or roya%w from the Property deudbed in mbpmS Vb (A) of this seafoe; (E) AM mineral, on and gas ripta and. profits, water tig n Sad stock that Sts part of dm Property described is mbparagraph (A) of this section; (in AN rights that I bsva in the Iand which go is the Baum of roads in front of or start to, the Property described in snbpv%Smph (A) oI this section; (G) All famras that an now or h1 the future will be an the hupasp dasml" (a subparagraphs (A) and (0) of dds seetioa; along with tint not Baited to stoves, rddrdSagoors, washers, dryers, dishwashers, ovveu, air conditioning quits; M All of the right and property described in sul paragaphs (8) through (0) of this station that I acquire is the Hate; (A An replacements of, or additions to, tie Property daallmd in subparagraphs (B) throoo (H) of this section; and W AN of tbs amonats that I pay to Leads tender Paragraph 2 below. DORROWLR'S RIGST TO MORTGAGE THE PROPERTY AND DORROWBR'S OBLIGATION TO DIWMW OWNERffI>~zP 08 TM PROMII Tr ' I protaise that, (A) I Iawfolly owe the Property; (8) I have sloe A& to mortgage, Stoat and MM due Property to Leader; and (C) theta are no out nefaS chins or charges against the Property. T Siva a- general warranty of t(de to Larder. This means that T will be My raspomMe for say losses wbvb Lendet mHers became semeoae other than myself has some of the eiShn 1a the Propeny which I promise tthat T have. T prom that I will ddnd my ownership of the Property against =y daims of PLAIN LANGUAGE SZCITRITY VWAU1lWNT This SecMity Instrument Contains aaifono promises and agmemems tbat. are used in ceat'property security agreements Ali oust the conmry. It cootdas non-aallbrta promises and apmaesits that vary to a limited MUM, in dif(erem parts of the Coe". My proasises and agtrtinueats an stated in `plain Ianvage,` I promise and T ages. with Leader as follow I. 110kROWSR'S PROMISE TO PAY I will pay to Leader, on thee, ptincipd std interest do nnder the Note and any prepayment and late chaps due under the Note. 2. MONTHLY PAY110ITI8 FOR TAXES k INSURANCE A) Nereerreers Oblfteefors I will pay to Lender all smouts neoenaay to pay for tea, assessments, leasehoid payments or Sroand ream (if any), and hwmxd insrmace on the peopaRy and mortgap insurance (if any). I will pay those amount to Lender eatass Lauder tells me, ill wtithtg, that T do not have to do so, or Wdese the law requires otherwise. I will make those paymenar on the same day that my monthly paymewts of pAnckW and interest are due ender the Note. 8K 1809PG3649 Doc 12012.2 - WWWn Each of my payments under this Puapapk 2 will be the even of the following; (t) One-live t of the estimated yearly goes std assessments on the Property which under the law may be smpedor to this Security fnOwne tt; plas 01) OnstweUth of the asumated yearly lossabold payments or around rem on the Property, if any; plus (10 Otwttre M of the estimated yearly prsoium for hand u mranoe covering the Property Cif tequirod): plus (to One•tw+IRh of the estimated yearly praaivm for me rop inscramn (if any); plus (r) anontellth of the estimated yearly I - 1, en for thnod imsarance, (if required). In accordance widt appliabla law, Leader will estitnite 6om time to time my yearly tan, astAes mmas, leasehold payments or Vaud cants and hannos premiums. Lander wa use etdstinis assassomb and bills and raasomabie estimates of ivasre aatesanamts and bills. Lender tray, at any time, collect and hold ;tams wader Paragraph 2 in an aggregate mom not to excetd the madmtum amount tilt am be req*W for Sorrower's acemtut under the Rest Istata SKtksawn Procedures Aet of 1974, 12 USC 2601 et seq., and implementing regrtlations, 24 CFR Part 3500, u they may be amended from time to time. ('RP.SI`A"), etteept that I will pay to Leader an additional sum opal to one4 tit of the aagregue ataouae of yearly payments under this paragraph I or a lesser smomat if required by applicable law. We sum is kno" as the -rmanva" or "awdon," and is permitted by A for attannkipaaod disbvrseaaaa or disbursements before my payments are available In the uwou0s. These annemna that I pay to Lender for then items under Paragraph 2 will be ailed the 'Funds." Thar Funds may be cemmineed with the funds of the Leader uuka the law requires otherwise. Unless an agremmest is made or applicable, law requires interest to be paid, Leader slaty not be regairyd to pay Borrower any interest or earnings on the Nads.. L.etdar may require Borrower to pay a oneaiats charge for an independent real estate tart repomaa setviea used by Lender in carnation whh the loan, nnlais applicable law provides otherwise. H) Leader's Ohgplleas Lander will we the Funds to pay the above listed itmns. I ender will gNro to tae, witlan Charge, an annual teeonatiaa of the PmWs. That acooutins must show all additions to and deductions from the fiords said the rams for each deduction. C) Ad)osuama If Leader's astimates an too high or if taxes and inearanm rates go down, the amorous that 1 pay under this Paragraph 2 will be too lame. If this happens at a time when t am keeping all of my promises and sgreemena made in this Svc=* lasts wst, 1 will have, the d& to have toe extra amount idler promptly repaid to me as a direct refimd or credited to my future monthly payments of funds. Tbene will be excess amounts if, at any time, des sum of Q) the amount of fonds V" Lender is holding at koepiaa, plus (il) 00 Mona of rho mom" payments of fords which f still trust pay between that time and the due dates of these items is greater than the amount necessary to pay the above hated Items when they are due. N the FWtds Caned the amounts permitted to be bold by RESPA, Lender shay deaf with ecoeae fonds as required by RESPA. lf, when payments of these items are due, Lender hiss not received enough R1mds to make those payments, l will pay to Leader wbatever additional amaont is necessary to pay the these how in•fdl. I MIXPAy that additional amount in one or-more payments as Lender may require, end permitted by 3. AMWATI ON OF BORROW21t S PAYMMM" Unless the law requires otherwise, Lender will apply each of say payments under the Note and under Paragraphs 1 and 2 above in die Wowing order and for the following purposes: First, to pay any prepayment darns due under rho Now Nett, to pay late chases under the Now, Next, to pay any amounts due to Leader under P*nW%pb 2 above or odor advances; Next to pay interest due; and Last to pay principal dua. 8K 1809PG3650 Doe #MU - 97"n 4. BMOWUVS OXJGAUON TO PAY CBJARAM A 'cg AND CLAW T will pay all taxer. usnsmm 4 dmgr , fiats and impoddass ataiiboabte to the Property and that may be wpakx to this Security Agre maeat. I will Wo mats pgmests des under any Issue if I an a tewot on the Property and i will Pay pow d vents (if any) tine on the Property. I will do this dam by aahins the payments to Lender that M dexribad fa Parafsaph 2 above or, N I am not requited to make paymmus under Paragraph 2, by tasi ft the Vqueatt oa time to time to the person owed than (ill 0& SeeaiFTtjr Us*ftsat,•ttu'word "parson" moos zW parade. orpaiwKon. govermumiW rtvthority or other party.) Tf I mats direct payments than peompay aRer matarg say of that, pgmeegs, I will give [ender a receipt which shows that T he" dons sec If I mate payments to Lerida under Paragraph 2, t will give Lander at nation or bills that T native for the amounts due ardor this Paragraph 4. Any claim, demand or dwp that is meda against the Property bemuse an obliptim has sot been fulled is known as a "Yen." T will prong* pay or satisfy aU hens apkat the Property that may be superior to Lids Scorky lust nanant. flawavw, this Secarky Instrument does act require we to satisfy a aupetiar (iea it (A) I agree, in writing to pay the ob*dm which gave rise to the superior lieu. sad Leader approves the any in which i agree to pay that obiipdm: or (B) in good With, I argw or defWA aphm the superior lien is a lawsait so that "S tlio tawaic the superior lion may act be enforced and no part of the Property must be give, ups or (C) f some Rom the holder of dlai other lien an agresmeot approved in writing by I endrx do rho Ike of this'Sceorit7 lastrrtatart is aaperiot to due ties hdd by that person. if Leader detandnea.tbat any pan of the Property is subject to a superior lien, Lender may gMs Borrotrmr a debts ideadbug the superior Ian. Borrower shall pq or sattisty the superior lien or take one or more of the Udoes at filth above within 10 days from the giving of AWOL C BO):lAOW1 l$ OBLIGATM TO ltAWTAIN HAZARD DUUMAKCS I -it obtain hazard h annum to lover at buildlop and other improvements that are taw, or is The faun, will be located on the Property. 'Rua ittsaance crust cover loss ar damage caused by fire harands normally covered by "extended coverage" bawd Inearance policies, and other bszsrdc, iadudimg floods or flooding, for which lender or etas or federal government «goires coverage. The insurance must be in the amouats and for the periods of time required by Larder or government atpncy. T may choose the 4 mrance company, but cry "as is subject to Leader's approvaL Leader may mot refine to approve toy' choice unless the tc&W Is reaeon*1% Tf T do not maintain severer as described above, Lender may, at Leadses optics, "fit oevaraga to probcet Lammes r%hhts to "In dance with this paragraph and peagraph 7. Tf the property Is deft rued to be Coated in a flood zoos that requires flood Insurance. as daafgnated by the Padeal Bma rmq ldae epment Agency Or apoUM apsey that has the authority to make rmreb dettrvtination, I underaud that 1 will be regtaked to obtain flood innwrance ov4erage for the property. ' All of the hmorance polities and mww* of those politics mug lnelade what is known as a "Standard Mortgages" dance to protest Tender. The fcem of'an policies and renewals tame be acceptable ve Larder. Larder will have !the right to hold the policies ad renewals. if Lander requires, T win promptly give Leader all receipts of paid praniums slag renewd rwtiosa that i receive. Tf than is a loss or dump to the Property. T win promptly notify the iam ance cempaay and Leader. If 1 do not promptly prove to this lxotrraaa compmy that the loss or damage ocpxmd, then Leader may do so. The amount paid by are 11nowance company is edied "prow eW i amhorioe the lender to seas any claim and collect the proceeds all my balwdf and we them to reduce the amome I owe to Lender under dos Nato and under this Sataarity instrument (whether or not repoin have beat made by me), or Lander may release the proceeds to we for we in the regrsir or remosadon of the damaged Prgaty. Leader may use the proceeds to repair or ra m the property or to pay the sarm sewed. Tf say proceeds are mood to ralkas the amount of princW which 1 owe to Lender ender the Note, Chat we will not delay the due date or elmW the amount of say of my monthly payments ender the Note and under Paragraphs 1 and 2 above. However, Lender sad I may agree in writing to time delays or changes. O K I 809PG365 i Om t20512 if Leander acgubm the Property under PwzSMa 25 below, al of my rights In the igsurance pollees wilt bet g to Lender. A1w, aD of my rids in any proceeds which are paid became of damage that occurred bdtord the Prapeey is acquired by Leader or sold wig belong to Lender. However. Larder's rlldts in thaw proceeds wIM act be greater alert its sums secared hmaediataly before the Property is acquired by Leader or sold. To the event tbat Borrower tdic to maiataia hu d Insurance air flood Insurance as adised in this ....... n .. ..? Paragraph S. Or has the policy eenoe$ed, Shan.used in chit arm, Ldtdek` nay Obtalu the insurance. Leader may dwV borrower a "setdsrrge to carer the casts and admanisaatiga of said insurance, and wVI be respomeblo for the payment of dirge few and aD premiums on said Insurance. If the Lsada obtains imruance, it will only provide. protection for the promises. Comeau, liahdity and other forms WX not be iruored.. Borrower ircveably anigas to leader a@ of ray eight, tale and interest In airy taithawnace escrow reloads, towwance ptocceds or the like-regaldkR of bow daignated, which Mm in any way related to the sabject.propsny, and sutb.wdm chess amounts to be paid directly to Lander. Lander wig credit ap payments to the borrower(s) aeeeant is the order of pinky. as specified in paragraph g hereof. L IORIOVI8R'S OKJGATLON TOUAII/TAIN THE MOPSRTY AND TO DITJML AM LBASE ONUGATIONS I wiD keep the Property in good repair. I wilt not demeey, damage or asbstsatially change the 'Property, and I wil not show the property to deteioraw. N T do not own but am a tatam on the property. I will TWO my obligations tinder any lease. I also agree that, if I as pke the fee We to the Property, my km interest and the fee We wan act merge ualess Lander egress to the merger in wrking. 7. LSl`Ip8[ -s wju TO PROM? rn Rwims w TBIS P7 omm moniaAte`L vatfitmm If: (A) T do not keep my promises and agreensents made in this Security Thstrunwrt, or (B) saaawone, iodneing me, begins it kph proceeding tkat may aNett Leader's You under the Note or to the Property (such as a tegd proceeding in bankruptcy, in probate, for condensation or to enforce has or rsphdow),•Limder may do and pq for wMtww is necessary to p Mart dw value of die P.gaty gad Lendees rfghta' in the Now and Property. Leaders wdeas may ask de appearing fa afuut, paying reasonable attptneyW fns and entering oa: the Property to make repairs, Akhough Lender may take action wider this Paragraph 7, Lender doe not have to do so. I will pay to Lender any amount wilt Interest, which Leader spends urger this Paragraph 7. I wd1 pay those amounts to Lender when Lander leads me- a notice requesting that T do so. T wiD sue pay interest on d iew aaaaatt at the Note rata littered oa out amount wit begin on the chat that the amouts is spent by Lender. However, Lender aid I may agree in writing to torts of psymet that are dilfomt from dross in this pamlpmpb. Tats Severity Inspmnnnt vAM protect Leader in wee I do sot keep this promise to pay those amounts with interest. If Lander required mortgage insurimce as a condition of making the loan that T promise to pay under the Note, T w7 pay the prsminma for slut mortgage fnsaanee. T will pay the preminin until the regniremsat for aortgage insurance ends swording to my wriates ag muteat w(th Lender or according to law. Lander my Tequkn me to pay the premiums in dw manner described to Paragraph 2 above. S. LWIDRR'S Ritiid't' TO IIVSPEC'i' 781E PROPERTY Leader, and ethers aatiwrized by Lender, may cheer on and inspect the Property. They mast do so in a Teachable manner ad at reasonable Sham. 9. AGRlil MEM AROO'i' CdI kTION Of THE PROMTY A taking of ptopordy by any gvrermsattd andwity by ambient domain is known as 'wmdempatim." I give to Leader my ri& (A) to proceeds of A awards or chums for damitre resulting from ebrdealrmtloa or Ocher governmeaW takhgg of the property and (B) to proceeds tom a ark of the Property that is mice to avoid condemnation. All of tarse proceeds wgl be paid to Lender. OilI8O9PG3652 Doc 1120511 - Mal if all of the Property is taken, the proceed; m'H be need to redone the saws mead N any of the proceeds remain after die waawa that T owe to Leader has ban paid is fdt, the rem:iiiinF proceeds w,ll be pdd to ma: Unless Lender and I apse aherwioe to wrking. if a* a part of the Property it taken, the mom m that I owe to tender wi6 be radioed a* by rho -cam of proceed; addo ed by the Mowing fraction: (A) the total atraonrrt of the som seamed twediddy before the taking divided by.(B) elm ft met vslne.ofrba PM" immodlately bdma the taft. The rerRaitader of the paowais wHI be- paid to me. Ti I abandon the Property, or if T do not answer, withht 30 days, a o9doe frota Leader stvft tips a goverlneeanl avthmity bee dewed'se epke a p 1poent or to soak a ddm for damp, Lendsr has the atufroritl? to colled tba proceeds. Ieadar may stun use the proceeds to repair or Twore the Ptaparty or to redea the was ramrod. 'Cho. 90 day period wiU begirt whoa the aw0ce i; al"o. Tf any proceeds ate used to reduce the ww m of pkadpat wbkb I ore the Leader radar the Non; that on wtII not delay the dun dam or c asp the amoost of any of my moaddy paymem wider the Now and under Parapaphs 1 and 2 above. However. Leader and T rosy agree in writing to those dolaye or chase. 10. CONTINUATION OF 303MOWER'S OBLIGATIONS AND Or LIhIM'S RIGHTS (A) Derrawees Oblf wku Lander may allow a person who takes over my de= and obUpbont to delay or to dump tbo amount of the maatw paytaeM of principal and tntenat dace tender the Note or wader this Security tender Iastrosienr. Even if Leader don this, however, not patsos and f wIN both seat be dilly obliSu the Now and -ander ibis Somiq hnfiranent. Lander may-40m drape delays or clu ses for a person who skin over my rights and oboptiau. eves if tender is capoKod not to do so. Lender wM nor be rwgarwd to kft a lawsaie apron each a person for +wt fd g *a obgp<don of the Noce or the S@Mfky TnsOramenL (B) Leader's Rights Even If Tender does not - vise or enforce any right of Lander under this Security Tnstr uoeat or under the law, Leader wai uM have aH of dram r4ft and may etterdse and enforce theta is the fame, extension of time for payment or modHkaaon of xica tiZadon of the stm?s mewed by dais Socnelty Tuarmarm panted by.T.eader in nay soccemor in iatetsee of Doruwa shalt act operate to release the liabaity of the otigkaf.laatrower or Barowees successors id taSaett. Any foibeatenaa by Lender in aroroaittg any dlght or restedy d wo not be a -aim of or preclude tie exercise of any rtghc or remedy. Even If Leader obtdns inemancs, pays tam, or pays Aber chime, charges or IWU aptM the Property. Under wgl tuve the rigiu under Pnnmpb 19 betow to demand rhat I snake immediate paymeat in full of the amount that T ore to Leader under rho Note and this Security Iostrmnat. IL MUGATIM OF SORROWBfi AND of PR MM TAKM OVIN DORItOWER'S RIGHTS OR ONJIM71DNS Any person who taken over my Tot or option wader this Seentity Tnstrumcat tell haee all of ray d*m and vA be ob9pted to keep &I of my proadme and epe0mpatt made in this Security IastmaeaL Similarly, my pawn who tat% over Leader's dghn or obligations under ibis Security Instrtmeat *M have att of Leader-s Apps ad wfll be ob%wmd to keep all of hander's agreematts trade in ebb seunity Tom mess. If eras than one patoa a*a the accutkr Tastraine t as Borrower, emb of us is foxy ab6pted to keep all or Borrower's promises and owwwous contained in tW seaafty Ttwanicat. Leader tray enforce Leader's rights under thin Searky Tsmrwmcat apb a sub of U indi"winy or apb* an of ns eor6w. This mans that any one of as may be requbed to pay as sums secared. However, if one of us does not sip the Note: (A) that pamaa is dying this setaaity Trmtromem *ob 10 Sire that "rivals d#" in the Ptopnty to Lender wider the texas of this seaaky Tasrromera. Leader and (8) dtat may person h act pasotiaoy cbfigated to pay die stems seemed; and (C) that person Srea that agree wkh the other Borrower to delay mforcktg any of Ladeet 60ts or so modify or make any accommodations with regard to the teeaf of this Secuthy Tharmaeat or the Note without that person's consent O( 1809PG3653 to= #20514 - ?"K 12. LOAN CBaG= Tf the loam seasrod by this Security Toattaaent is subject to a kw w%& an msafm w toss diagps, and that taw is 8maily interpresed a that des interest or other lean dtarges ta0etead or to be collected in connection wkb the loan exceed pwmftted limits: (A) any latch loan charge than be reduced by the amount necessary to reduce the ebsrde to do permitted limit; std (B) any sums already eelteaoed feom Borrow wbtch exceeded permitted limits WILL be nd'anded to Borrower. Lender may droesa to snake this refand by'rednatg the principal owed mater tha Now or by making a direct payment to BotTOaror. ff a refmrd ratio= ptncipal. the reductiom will be stated a a partial prepayment a ill -- c any prapaymhumt dmp under the Note. I& L7i6ISLATWN AVPXCa'= i,XMM*S RUMTS If it Namge in applieabla kw would make any provision of the Note or this Security Instrument unafaeable. l.amder rnay.ragairs immediate payment in fan of all smrq severed by t* Security Instrument a that phrut is 4e ted in Paragmph 19 below. If Lander regpises immedkw payment to full under this Paragraph 13. U nder will take the steps and may act as apedfled in Paragrgh 19 below. 14. NOT= =Q1t1R®1>iMU T® OCUR1TY 1N6TAW GW Any notice that most be. Sivas to me under this Seewity Tmstrupnent win he given by delivering it or by mailing it by aka data snail mks applicable law rsgmkes use of another method. The nodes will be addressed. to me at the tddrom stated in the lecelom above dried "Description of the property." A notice will be Sion to me at a drffidot address if T give Lander a written notice of my diPttteat address. Any nodes that mmSt be givers to Lender under this Security Instrument will be given by mailing it to Ladder's address stated in patagaph (G) of the section above titled "Words Used Often to Tons Document." A notice will be mailed to Lends st a different address It Larder Siva me a notice of the diffaeot address. A notice required by Oft Secuity Iatnmaant is gives when it is mailed or when it is delivered according to the requiramanb of this Psngrapb 14 or of applicable law. 15. LAW THAT GOVZRM TINS SBCTAIM VS=Ubn NT This Security Instrument is governed by Podaral law and the taws of the jurbdidion what the property is located. Tau borrower hereby came= and *great that the debt hereby secured, or any part thereof, may be renewed or ataemded beyond mats* as often as may be dad" by agreement between the creditor and a" subsequent owner or the property, and no sods renswst or extaaion shall in say way affect the borrowaY rapmw3ility, whather as surety or otherwise. The borrower and any other party assuming liability berawnder hereby consent and ago that it the property conveyed hereby or a substantial postmen thereof is ttaasfarrad to any subsequent owner, and the creditor exerdsee the Tight to acaleraos the debts warred hereby, the creditor may swept any delinquent payments or molar ova of default giving rise to such acceleration tram tine then owner of the property or any other person and reinstate the indabtedneu in t0eadanee with the schedule of maturity as of *a time of acceleration or upon such new wbtdolc as may be agreed if renewal or extension are otherwise permitted and no ands Temssatmueat shall in any way affect We iabiky of such prior parties, whether as surety or otherwise. If any tam of this Security Tmtruawt a or the Note conflicts with the kw, all other tam of this Security Instrument and of the Now will still remain In oHea it they can be giver effect without the coafktfng term. Ibis mass that say terms of dds Security krstrmaew and of the Note arhieb conflicts wfftt the law can be separated from the remaining terms, and the. remaining terms will still be eafmad. The borrower hereby waives its right to a jury trial. I& DOAROMA'S COPY T will be Sivas oar conformed copy or the Note and of this Security Tnst r rnant and hereby admMudge receipt thereof. Bt t 809PG3654 Inn 130515 - pawn 17.7RANSF8A OF TSB PROPERTY OR A NBNXi2Z= 0(7ZR=r IN BORROWNR If slt or any pat of the Fropaty or an hgeroat dtareis is sold or ttwfatred by Borrower (or if a beaafidal iatstest Is-Borrow is avid or awderrsd and Borrower is not a natars) person or passe but is a corporation. paKturdtip, trost or other legal aft) witboot Lattice's prior w ttes consent. excluding (A) do creation of a ties or encumbrance sabordinate to this goctrity lum moot Mhieh does not relals to a wander of aighta of ooahpaaey in dw property; ($) the creation of a pure9taft mosey occa tjr fntaftst f t lied iMAMb a# ?(C)'a transfer bydedu:, descent or by-opersdon of law Ww the deatb of a joint tenant; or (D) the grant of any lasdaid Um m of tiaas years or loo iwt containing to option to pwchas% leader mg. at Lesde's option, declare aq die sums seemed by this Security Iswwom to be immedately dun and payable. If Lender exercises such option to accelerate, Leader *M mall Borrower notice of aeceloraum in aoeordason with Paragraph 14 hereof, and Lender may, to -aceordanoa with Pennsylvania law, imAe any remedies pamkted by this Securky InstrumenL Leandar may consent to a sale or traoft it (1) Bona" wises to be submitted to Lender infmamtion required by Larder to evabwte the tratKferee as if a new loan were being made to the trawderee; (2) Lander reasonably determines that Lon4ves security will not be impaired and that the risk of a breach of any eavessat or agreement in this Somity Imtrosemt is somptable (3) interest will be payable on the sums tecttred by this Secerky iatuvateni at a rate acceptable to Lender; (4) edwnSw in the teems of the Note and this Security Instrument required by Lander as made, inch Aing, for example. periodic adjustment in the irate: m rate, it difforeat final payment date for the ban, and addition. of unpaid interest to prhncoat; and (s) the ttamsfesaa stets as aalta PS= agreement that is acceptable to Lender and that oblywin the tanderbe to keep all the promises and agmments toads in the Now and in. this Security lnaument, as wAdified if isgairad by Lender. To the caster pamkted by applicoble laws, Tender *be may-chsrge a reasonable fee ss a cood'ition to Larder's tomcat to any sale or transfer. Somwers will continue to be obligated under the Note and this Seemrity Instrument whaS Lender rekaas Sanow - in writing. IL SORROMMIS WARRAMESS RBPiAR1tM DORIZZURS Borrower states that he will not oft, and will rat permit any third part? to use tike Property OF any portion thereof or interest thwaia -for any purpose that would came the property to be subject to forfeitawe. Borrower further states that the Property has sot barn acquired with the proceeds from any transaction or activity tbst would thereby emse the property to be subject to fotfsitmre. 19 . L Fdmn's RMNT To RFQUME DOMUTS PAY1tiM IN FOLL IF( I fail to keep any promises or apeemests made in the Now or In this Security Instrument, including the promisee to pay what due the encores I owe to Lender, I will bt to deflmk. If this oCCmm the Lender may togdm that I pay isamodi;tdy dw eative amoaat that remaining unpaid under the Note and onde r this Security h atnmuatt. Lender may do this wWwa staking say fortihar demand for payment. 71ds requirement will be called "Imwodtate P.aymoit in Pbiq." Lf l am in detaok for say reason, you bavs the d#a to demand payment of duc entire amount 1 mm yon. If Leaden t+eq*= payment in ft H or in the evew of a foradoam odes, I agree to pay reasonable and permbilble legal few, costs and disbarsomeuts, and aid atilt total amosst shall be paid by me with iattmat, as seedbed in pmpVb 25. up to the day you actually receive such payment, awn after fbnw)oswe occurs. To any lawsmt for ale. Lender will have the tight to () ootlea all nom allomd by law; (ii) have the Property sold as one paradi and (ii) have a Reels appointed by the Court without first giving no" to me and without regard to the valve of the Property. Upon awotaadoo, Borrower :ball have no tight to reiastatn. AN tights and remedies provided in this Security Interment ate distinct and cowArtive to shy other ft% or remedy under chit security Insttmtext or afforded by law or equity, and may be exercised tonctreamty, independently or successively. gK 1809PG3655 too a:osts - PM4" Z0. L1I0T UIS 1 TCM TO nNTAL PAYIdBNTB AND TO TAME SON (W TAE PROPEr" Tf Lender regdres Tmmedists Payment in Pal, or d I abandon die Property, then Leader, persona entbonisied by Lender, or s reoelwr appointed by a nowt at Lender's regsast may; (A) collea the resat payments, including overdue nenw) paymm% dtreedy frost the tenants: (B) or". on and take p of tho ftopestT. (C) uowssa the Property; and (D) sign, caned and dung leasm if Lender nourish then taunts, Leader has dbe dglit ioodlaet.r ebi payments- to Lotter wwww having toask whetwr 1 MM to keep any promises and agreements under this Security Tnasims L If tbwe is a judgment for Lendsrc in a lawsuit far faedoame srnd s:le, T mil[ pq to Lender reasonable rent from then due to jtdpasnt is entered for as long as T occupy the Property. Floweva this does not give me the right to occupy due Property. AU rental psymaats collected by Leader or by a receiver, other than the rent paid by me under this Paragraph 20, wM be wed fast to pay-the costs of colwdns rental payineats and/or manoilas the Property. If arty prat of the rental payments remains steer dust east: have bean paid in fig. tie remaining part wall be used to reduce rho sewtmt tint 1 owe to Lender under the Now and ender this Socarity Trsirwasat. The coats of manq ft the Properly may include the reedvees rem, romonable attorney's fees. and then cost of any necesury bosde. Laster. and the receiver wiU be obligated to aeeonat only for those rental payateuts that dhyr actually teoeira If I fail to make any payments or tteep promise- under tbis Security Taaromett or the Note, then 1 shall pay mosthly in advance to you or to ate rbcrWa a fair datpe for the rage of the Properly dot 1 occupy. If T do not pay this fair ela rge, you or the receiver may sae to cotter it or to reprove ass, or both. T WO sot coiled tenon than one (1) month's rent in advance fiom any tenant or occupant without your writ" consent Zl. I.Bd' MMIS OBIX"TM TO DOCHA1tM '1M SS',CURVY DisMUhMM When Leader has been paid aft amounts doe wedw the Nou-sad ender this Security Instrument the Lender will releaw this Security Instrument mid deliver a ceidfremte stating this Security Instrument has been paid in full Lender wit dea deliver a aatacate :ruing that this Security Itutnan.ht hu been satitfseQ. T wilt pay all costa of recording the Release in ebe proper official records. ZL ADWMNAL CBASON i agree to pay all reatorable charges in connection wlrh the servicing of this loan, including, but not limited to ababiiog• tax seuthes and bulk and in processing insurance loss paysnests, a aceship t its, relesset, Cason-a, eotaents, wansions, modnT' reatiWa, specw aovements. aseranants. reduction cw#ficuot, start tmovety and sodgiltctlor of matppe. In the event Borrower durcm Lower to order any riprw appnisak, sears es, examinations and/or the tits„ I Wes that the eapaise for the same is to be added to the balance of the ssdsdng moetSW, if acme is tot paid wkbie 30 days of Wricsca naifiadoo: 23. RALABDOTIS SURSL'AMM Burrower dwU not create or suffer to elan, or permit any of its ageats, employees, contractors, tenants, or iawkset to create or suffer to exist any qua, security interest dwp or encusabraneb against ms Property or say portion thereof, relating to any physical or envkoamental condition. is iudir% but act Nmkod to. any lien imposed pmrtusnt to section 100(f) of the Sapedland Ameadmdnm and Reaudwein dw Act of 1986 (42 U.S.C. MM)) or any $mikr federal, state, at bat' statate. regulation. rate, order. or ammoarwe. Bonovw siall 'not cause or permit entry odor party to taut or permit the presence, use, disposal, storage or relem of any Hazardous Substances on or in die Property. Borrower shalt not do, nor allow anyone else to do, anyWwg affecting the Property dat is in violation of any en vi reamental law. BK I SU9P63656 am =0527 - No" Bornowror shall promptly give the Lender written notion of any hwmtptien. daim, demand, tawsuk or other anion by any governmental or repfalmy speatcy or private peaty htvoivihrg the Property and any Rat"doas Sabstaaee or 0avirosmssrtad law. of which, ebe so""" has actual lonwdedpte or should have actual knowledge. If Sanwa karat at is =dG*d by any gn voesseental or repktory andwity that any removal or taawdiation of any Hazardous Sabsosnce aping the Property is eeoseeary, Borrower sW promptly take necessary remedial, removal, sad other actions seoessay to also up and retmove all"HaNdoas Sabaanaas. ON wastes; or wataaiaamn on, in, from; or afiKtfe6 the property or any portion thereof. in aowrdance with aovkotm marl law, to the satisfaction of the leehdear and in accordance with all orders and dlraetires of gvonowntal wedwrfties having jar s owe the property and/or smeh substances or mu idL lr Bamnver faik to take remedial action. and upon receipt of notice from any party westing the edow of any Rmsdaus Substances aftaeehlg the property that tf ono may us* in an order, amt, i mposkion of a 11n1 an the property, or Oteer notion. or if the leader in good faith belieses wwM jeopardise ttt seettity interest, the I too' r at th option shall take whatever action is necessary in awardanme with am memental law, to alcnn up, remove. resolve or - otherwise rerme %%t the fittaxImL All reasonable coon and expenses paid or iocurrad by Lender in the exercise of such r%bb tball be segued by the tiers secorGtg tbis ban and shall be payable by borrower "an dantatd by Leader Borrower shall indemnify, esonaeate, defend and hold harmless hander, its offices; dirscwn, shareholders, agents, and empbysas, from and aplatt =7 and all skims. demands, ob)igatlons. penalties. Imes, snits, liabilities,, settlements, damwtges, hassm, oft. and 030011108 (imduding' but not limited to, atwemy and font fees ad eapensas, hwa dp m fees, laboratory .xpe ses, cleanup cow, cows costs, and other expos of litigation or atbitation). are wall as any such feel and expenses inenrred in enforcing this indemnity, and any violation of any apptkabie environmental laws in eff4w on or before the date hereof or hmd[oer trade effecdve- As used in this doemment, "flatadaus Snbstae m' an those sabutaaoes doted u toxic or bwxdons subsumes by Environmental Law, and the following ssbetsmc+es: Swaim, kerosene, other flammable or tonic petroleum products or bylerthm. toots peadaidek ha'bkdas and f nigiddek votstile sohw&, mawials containing aabmtm or formaldehyde. and radlawtWe matariala. As used in this doe m?cat, "Environmental Law"• mans feda d. state, and local laws, saates, asks, replations, judicial orders and deeilioae that ' relate to healthy oft or environmental protection and maintenance in the ;ariodietion where the property ir, b0ats& Za. l1tIISCB[.LAI180>?S PiOVIIII10M (A) In the avers that the bolder of this Security Ientsument be required to retain legal coomal for the purpose of oomtneaciag favedosrre proceedings bervander, a reasonable smas shall be added to the said iadeboakeac, as fait and reimoft legal fees and Beamed secured hereby sit adOltion to expenses, coats, allowances as provided by law. (!h If this Swwky Instrument invotvm a Qemdoe t wan unit. any failure to pay comsmom charges when they become due shall be considered a dethidt under the terms of rids Security Insteueent. (C) If t am permitted to cars a dehult.of tit Note or the htotWp sealing ?fh.,.1bNR??ote g7 ,purtmot to the United States Builtreptcy Code (Tide it U S.C.) or other applicable law, i 4"""•" attee tbat the amount neoaary to care the default shall include the scut of ap &=as s past due under the roams of the Now and/or Mortpp, imcladhhg all ptimdpal, Interest, and lab clnrges. and at amounts advaaoed by Lender pt anus to the sores of the Now wA* Mattyrp, hedudiat all auarasys fees 04 hRmvg rate required by the Note and/or MoMppe from the date an which I elect to am the debuk to the date on which the default is fogy and. Nothing herein shall be ovaetned to allow am any right to care any defsnht of the Nose or Mortgage tuttsspt as spaeglclly authorhred under the United States 8snbupu7 Code (Title 11 U.S.C.) or ather applicable law. SK { 809PG3657 t3ae ssos3a - t+iaetlo (t» In the event that Lander shun -dm any money in order w pay Borrower's *wmnea. tastes aodfor 1521014 War- MY- say ogta hr WS-ft, Uaas, Violations. Of act=% under p*=tmph 23, then Borrower will pay Snterm on tae sours wharced at *A race "speewed in Borrower's Alone. M In the event the promises su9eta damage of Borrower's stdmms s artier rispresatt dons Mira been fowl to be Mu prior to that disI - event of farads, Lander, in its sole dbaedot, may canal drh Noce tad [.ender 511411 have no further oWodom to Ow Borrow. Lender agues that t antler will Me a Sioldhe ion •ef Mortgage In-the-bomay chit Eeemity Inshmeat is tried with the O to of.** c4u tty pert prior to ancoatim by Lander. (ph TIM the avert that any Chad paid by gamma to Lou* dis to turned unpaid than ad in that an.. Leader may, at LeAdee option, rogdm bank or adduct fads far each payment made tT%ma*, (,r Ta the area the Bottoww(s).beteta aatse at bftg any aaiat. pretseding or petition far the as&W-=t, ngW&uon or resirup amtt of their total indebtedness under arty fidmal, state or local statata, Bad in such event time is an hnpmper iiepahmtent of the Gen of thts Seemity, it#tru mar; within the mesaing of asy Tide, Code or loaf statute dweW relevant, there shell be allowed, twatded and granted to rho holder of this Security Thananeat by the court or tribunal having jov?itdiction th Vof, reasoctabk legal fees incarrad to probot fire ties of thin Securhy batrmnsM apihst sect improper impairment, or in the erent the Melded of this Seaaity Iaserament is required to burnt an any motion or proceeding to vacate any stay of eompd rajecdoa of any proposed plan. such award of Tawnatda Counsel foes d" be baud upon the laesoaablt howly blimp nn of an egaeriwAd real "UtdbuldwPCOY practitioner to the tow Jurisdiction u of qtr oo 1 or tribunal, and witboot any reftrenee or reWd direct of indkict of adminishadclo (? addition, Lender sham be entitled to dw interest an a "economy acerned interest, foredowre costs, attorney fees whether incurred as s vemit of that f wo4onne or the bankruptcy proosedatg, or otter pre-petition arrautp payable paraaat to or tbrouo any plan to the baaR sq" proceeding. The uderest rate shall be the same rate charged under the Noce manned by this Security Instr imse . ZS. ACCSUIt1RA'IM; DIWAULT; R=ub= In the event of a de6uht by Sommer. In say of its co enama ant sgraazzwo baeunder or in than avert of a brsaeb of any of BommWs mixe eaadons and warranties hatbl. Leader, at its optkn. rA29 -quit bnmediate payment in half of aA sues soc aVd by this Sacm* Tastnnnt widwat furtber demand or node to Borrower and may waive any tmaly pausittd by applia able Saw. If the knda requires payment in full, or in the aver of a foredomp; ataim, I agree to pay reasonable legal fan6 principal and intermt, cow and dltbwnsacnts, allowances and additonat allowances ss may be awarded by any judgment of fersdemra ant) sale added thaeto. Alter acceleration and anal a judgment has been entered, I sham pay this total amount with interest. up to the day yon actually tsa dve snub payment, at the knowing itNerest rate: 2).66 if this is a mortgage in I , P - 9r of SSDXO.W. or b) the Note ride V this is a matgage bearing an orioax) ptinkpal mow tceween SS.000.00 and SMAW.00. After a judgment has been rendaad, the intatest rate will be than highest permitted by the am of Peanglvaala. In addition. Leader than be entitled to collect all eq arses kAmrd in porming the remedies provided in this paragraph 25, including. but not Iimiced to. T=*msble suca y's fees. and a c - of tide avidesae. Upon acceleration. Borrower shall have no right to rehatate. Alt clots and arsmc t prodded In ihds Security Instrument are disdaet and cumulative to airy other right or remedy under this Savrity Tntttment or afferdd by law or equity, and may be exerdsed eonearrendy, indepatdendy or sawertirely. 6K 1809PG3658 Doc y10S19 - t9tsP11 SCUROVIRIS COMMIANU a) Upon the vapast of the Lender. its Smansrera or amwu. i shop: 1) furnish and w escste any doeameats rogdtet by the Lander to vev fy Ulu Utah and acee mey of wry hdormatim prodded by me in ooonaetfots Mldt my WORD a loan, bKbWim& but ant limited ro, ineema. aapleyOME, deposit and loa+t audahRtiout lad vim, inovme tax retaraa, and contracts and mul ammt star won for tin sale of odw propatiaa; 2) earaeats-acty document the abeald-have bean deed U or before the dodrs j;.raeaecata any dotumaat sijaed at or before the etw8ng. -ad eaataae that which was incoaeedy drafted and signed at the c=olon, inclmding but not limited to, wnectiom motes, wrrwtim saga ages and odw eometion ieeprtmarrtlt; 1) furatsh any documents tegtued by, Sad coolly with arty condbiora, work aaftr certicimtas set fonb is Leadees alppraiaai repon or fm commitmmt; 4) emmes any additional documentaioa and provide any additfotmt information regwuA by the Leader to faaihrate the sale of the man" into the seaomdsay morepap market. b) I repnSem Sad *Am that all ttigmest by Lender wM mcatve *a hale cooyesatim of and compliance by me within Ave days of the -making of ft mquaRs, and the obligations swenader'sbaii survive the c) Tt is bather agreed that my IW%m to comply with the repasastadons and agreements bareagda shall constitute a dehmlt radar the note gad eacepps exeasted in waaaedon with this agreement, and shall entitle the Lender, its eacceasors or wdpu in any a" as of the remedies tmilable upon 4e[anat under the note author mwtpp, indading Eogatfon of default interest, attorney's toes, costs and 36. X)MI S TO TMS SECUEfI'L7f S4Bl7tihbim If one or mare riders ors exaeuted by Borrower and recorded topedrer with this Sewrky Tastrnmen4 Ow promises and apecuma of cash are inaarpotated ac a putt of this Security Instrument. [Ch-k appGeable box(es)] ___Adi SW& Race Rider _,Shmekly Payment Rider _Comdominiam Rider Graduated Payment Rider _1.4 Fmk Rider !leaned Unit Develapmeat Rider -Race hopmveman Rider __jSecoad Home Rider -V.A. Rider „Ocher BY SIGMKG BELOW, Borrowers accept ad =pea to the pTombsa and agrsemem waained in this Security instrument and -in any rider(s) sipped by me and recorded with it. DOMM K. COUP I XI. MFCrMf L. CQIP -7 OK 1809PG3659 D= 0=20 - PNIM STATE OF VAMA, i Y/Hi?t rr+?' -County sa: On this S#E? day of April 2003 before me, the nndet tied, a Notary P%bfk 1n aad for said cwaty. pmsondty appmted DONNA M. COMP. MARLIN L. COMP and a&Axn vW dm axeeedon of the foregoing bstra nmL WM4ESS my haad and official aeai. My Comt **m Expires; Notary Pabfic HaoAnu ir. s" ? pip Yia? H? (.?,w?berYr of "?? wAeaoougon?n,u,»a i this to be recorded i ?vrland County PA Recorder of Deeds OK 1809PG3660 Ow •20521 - PA4tCl] ALL IVAT CERTAIN TRACT OR LOT OF LAND S MIS IN LAST PM4NSBORO TOMMY, CUM ERL1ND COUNTY, PSNNMVANIA, MOM PARTICULARLY BOUNDED AND DBSCMED AS FOUOWS, TO WM BBGIMYA aATA POINT ON TAENORTBI:m LDe OF TSAxwooD LAND AT THE LINE OF ADJOWIM BBTPIEBN LOT NM 7S AND 74 ON TIM FLl3REASS+Fat MENTTONCD PLAN OF W %MMNCE ALOW SAID LMAF ADTOMM NOI:ZIi 12 DO REBS 34 MINUTES WEST, 105 FM TOA FMrAT LOTIft 0:7HDM AUM LO'TM& 63 AND 64, NORM 77, DASM06X UM EAST, 85 PUT 70 A POW ON TIM LM OF ADIOMM DVrWM N LOT 14 AND'7310 TM JCE AUM SA'+a1 W OFAMMM SWM 12DEGREMS4MNUMEAST,105MTTOAPOIN3'ONTIMNORTBARN LINEOFTSAZWQDLANE. T! AUWMMNOK=WLVMOFVAXWOODLANE SOUTH 77 DFoam 06mwm ww tS FwrTO THHPOINT AMID PLACE OF BMM KNOWN AS IAT N0.74AND FINAL FLANNO. I OF Il MWNT, AS RECORDED M PLAN HOOK S4. PAGE 131, INMM CLA GMW AND COUNTY RBCORDER'S OFFICE, sx i 809PG366 i 'Return To: 3 33,5-? Shapiro & Kreisman, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 ROBERT P. ZIEGLER RECORDER OF DEEDS SEP 13 PA 1115 THE ABOVE SPACE FOR RECORDING USE ONLY blo - 2(0 4q5 D f ? LOAN # 101802403 ATTORNEY CODE:00376 ASSIGNMENT OF MORTGAGE PENNSYLVANIA This ASSIGNMENT OF MORTGAGE is made and entered into as of this 12TH DAY OF APRIL 2006, from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., whose address is P.O. Box 2026, Flint, MI 48501- 2026, its successors and assigns, as nominee for FIDELITY tilORTGAGE INC. its successors and assigns, ("Assignor) to JPMORGAN CHASE BANK, AS TRUSTEE FOR THE REGISTERED HOLDER OF THE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2003-2 whose address is do Ocwen Loan Senricing,LLC, 1661 Worthington Road, Suite 100, West Palm Beach, Florida, 33409, ("Assignee"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS NOMINEE FOR FIDELITY MORTGAGE INC. does hereby assign all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage to the above referenced Assignee. Mortgagor: DONNA M. COMP AND MARLIN L. COMP Mortgagee: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS NOMINEE FOR FIDELITY MORTGAGE INC. Dated: APRIL 23, 2003 Amount: 110,§W.00 Recorded: NIQ?/ 5 . a10o3 County: CUMBERLAND Book: Lqm2 Page: Property Address: 1021TEAKWOOD LANE, ENOLA, PA Together with the note or obligation described in the Mortgage endorsed to the Assignee, ("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successor, legal representation and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the mortgage, their heirs and assigns forever. Assignor, by its appropriate corporate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this 12TH DAY OF APRIL 2006. -T6-j)( - [)• -.0; 60 13 0q q,3 -OaW 6Nj jj()La-?)LE (330 BKDJ30PG 1660 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS NOMINEE FOR FIDELITY MORTGAGE INC. ATTEST: Name: Paul Nel Title: Assistant Namb: Scof Anderson\ Title: Vice President STATE OF FLOIA ) )SS COUNTY OF PA BEACH ) BE IT REMEMBERED, that on this 12TH DAY OF APRIL 2006, before me, the subscriber, a Notary Public personally appeared Scott Anderson, Vice President and Paul Neff, the Assistant Secretary of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS NOMINEE FOR FIDELITY MORTGAGE INC., who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of a Resolution of its Board of Directors. Notary Public I hereby certify the address of the Assignee is: c% Ocwen Loan Servicing,LLC 1661 Worthington Road, Suite 100 West Palm Beach, Florida, 33409 NA E: When recorded return to: Noon P sty of Florida W WOW e" 00478W 100009 MIN: 100076600012408922 MERS Ph.#: (888) 679 - 6377 DuO73OP6166- 1 UT% ALL TEAT CMMAW TRACT 09 LOT OF LAND SMA78 DJ FAST P1IIV MORO TOWNWIV, CUMBERIAM COUNTY, PMMMVANU. MORE PARTICULARLY BOUNDED AND DESCRIDED AS FOLLOW& TO WM. BEODR41NO AT A PODVTON THE NORMISM LM OF79AXWOM LANE, AT THE LAVE FARWISAMEMOMM PLAN OF LOTS, MM M AL OW LAID 1A&OF AD== WORM 12 DWRM $41lMAU WWr.105FE STOAPOWrATLOTiMft7 ALCM LOTNOB.43AND 64.NORM77.I 8O6)gMU3ffi1R!! LLSPWIOAPOMONTILBLAMOF ADIOWU B$IWEEN LM'Nft l4 AND'79;YNWM AWMLAM4=4 RtAMMU SOUTH 12ABORIM54 MMM LM,1OS1i rTOAPOINTON TMI NORTMN LM OFT'SA['pWZANB;104MALOti0733E210RMUXLUM OBTIALWOOA LANE SOUTH 77 DEMM 061 M-M WBRI'. aS PIMT TO THE POINT AND PL:ACS OF Bm4o ] xow AS LOT NO. 74 AND PWAL PLANN0.1 OFTRMA=, AS REOOADED IN PLAN B= 34, PAGE 131, IN71M (XWMERI.AND COUNTY RBOORLIER'S OPRM I BK 180 9PG36 6 1 s , - ',u073uPG1662 'j. urn To: piro & Kreisman, LLC -!'10 Horizon Drive, Suite 150 g of Prussia, PA 19406 AN # 101802403 = TORNEY CODE:00376 ROBERT P. ZIEGLER RE00RDEP, OF DEEDS C'"11PERt4#40 GOUNT'i ?86 SEP 13 fill 11 15 THE ABOVE SPACE FOR RECORDING USE ONLY ?Oo p ASSIGNMENT OF MORTGAGE PENNSYLVANIA is ASSIGNMENT OF MORTGAGE is made and entered into as of this 12TH DAY OF APRIL 2006, from i€ = 1i A = ORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., whose address is P.O. Box 2026, Flint, MI 48501- 26, its successors and assigns,.as nominee for FIDELITY MORTGAGE INC. its successors and assigns, ^ssignor) to JPMORGAN CHASE BANK, AS TRUSTEE FOR THE REGISTERED HOLDER OF THE HOME =mQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2003-2 whose address is CIO Ocwen Loan rvicing,LLC, 1661 Worthington Road, Suite 100, West Palm Beach, Florida, 33409, ("Assignee"), for and in nsidem ion of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is nowledged. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS NOMINEE OR FIDELITY MORTGAGE INC. does hereby assign all of its right, title and interest, as holder of, in, and to the - Ilowing described mortgage, the property described and the indebtedness secured by the mortgage to the above ferenced Assignee. mortgagor: DONNA M. COMP AND MARLIN L. COMP ortgagee: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS NOMINEE FOR IDELITY MORTGAGE INC. ated: APRIL 23, 2003 mount:1,10, .00 ecorded: NIAy 5 101 003 =ounty: CUMBERLAND - ook: vpmq rage: ropertyAddress: 1021TEAKWOOD LANE, ENOLA, PA ogether with the note or obligation described in the Mortgage endorsed to the Assignee, ("Note") and all moneys ue and to become due on the Note and Mortgage, with interest. Assignee its successor, legal representation and mmmmmunw-- ssigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of a-edemption, if any, of the maker(s) of the mortgage, their heirs and assigns forever. ssignor, by its appropriate corporate officers, has executed and sealed with its corporate seal this Assignment of 'ortgage on this 12TH DAY OF APRIL 2006. qX D. L_ 0a (0 -ti hi ?or SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., ATTORNEY I.D. NO. 86727 JOSEPH REJENT, ESQ., ATTORNEY I.D. NO. 59621 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 MEGAN D.H. SMITH, ESQ., ATTORNEY I.D. NO. 84047 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 12650 Ingenuity Drive Orlando, FL 32826 PLAINTIFF VS. Donna M. Comp 1021 Teakwood Lane Enola, PA 17025 Marlin L. Comp 1021 Teakwood Lane Enola, PA 17025 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: d(. ^ 30.E COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE C= 0 C a' r YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BYTHE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Eix he's hi,04, p " Cumberland County Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., ATTORNEY I.D. NO. 86727 JOSEPH REJENT, ESQ., ATTORNEY I.D. NO. 59621 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 MEGAN D.H. SMITH, ESQ., ATTORNEY I.D. NO. 84047 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 12650 Ingenuity Drive Orlando, FL 32826 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: VS. Donna M. Comp 1021 Teakwood Lane Enola, PA 17025 Marlin L. Comp 1021 Teakwood Lane Enola, PA 17025 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2, the address of which is, 12650 Ingenuity Drive, Orlando, FL 32826, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY Mortgagor(s): Donna M. Comp and Marlin L. Comp (b) Date of Mortgage: April 23, 2003- (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1809 Page 3648 Date: May 5, 2003 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY Assignee: JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 Date of Assignment: As Recorded Recording Date: As Recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 1021 Teakwood Lane, Enola, Pa 17025 and is more specifically described as attached as part of Exhibit "All: 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." 5. The name and mailing address of each Defendant is: Donna M. Comp, 1021 Teakwood Lane, Enola, PA 17025; Marlin L. Comp, 1021 Teakwood Lane, Enola, PA 17025 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of October 1, 2004 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of May 16, 2006: Principal of Mortgage debt due and unpaid Interest currently due and owing at 9.34% per annum calculated from September 1, 2004 at $33.11 each day Late Charge of $54.11 per month assessed on the 16th of each month from October 16, 2004 to May 16, 2006, (20 Months) Escrow Advances made by Plaintiff Suspense/Unapplied Balance Accrued Late Charges NSF Check Fees Property Inspection Title Search/Report Fees Attorneys' Fees and Costs TOTAL $129,373.52 $20,627.53 $1,082.20 $3,209.88 $(408.36) $649.32 $60.00 $52.50 $250.00 $1,500.00 $156,396.59 9. Interest accrues at a per diem rate of 33.11 each day after May 16, 2006, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et M., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. Date: ?tl4j* SHAPIRO & KREISMAN, LLC BY: l Attorneys for Pl ' tiff S & K File No. 06-26445 R ,DmrrY tKgm +B XK - NY 1000 ma=y Road, suite 300 T i . =1 E%30 L.- P. Woodbury, NY 11797 :,: ER Or' DEEDS Parml #: i la er: ::1?WD COUNTY Fite No.: Spa . Above 'Mix Um for xecord4 MA RM 9 17 MORT"GB Lola Number.. 0101802403 MIN Nn:uber100276400012408922 App umber. 0304330707 AI1QC'i WOIMS I1m b or= IN TITS DDCLWM 23 1,7•(, d. (A) -Seonr)q* Uwtromment.- Ibis Mortgage, which is Dated April tV', 2003 will be alkd the -$een[itr Ajroamatt.- ()h -Borrowor(s).-DOMA M. COMP and XULIN L. COMP residing at 1021 Teakwood Lane, Hnola, Ph 17025 sotoctirnas w/0.,) be called Borrower, cad sometimes simpl?Y *r or 1ne.- t-, (/`) "Leader." ii.W. i I a min - Ni will be called *Lander." Larder is a corporation which casts tender dm Ism of the Stm of Delaware Lamlws. atidms In 1000. Woodbury Road, suite 300 . Woodbury, MY 11797 23 ?`Jt e P -Nota." be Nona siymd by Bawer and dared April 24-, 2003 will be called the "Note " The Nora shows that I owes Lender one Hundred 'Thirty Thousand Five Hundred and No/loo (_' 130,500.00 ) plus bstamott. I live promised to pay this debt in montbty payments and to par the debt in fan by may 1, 2033 M -M18R is Monppe aleetrook Re na Systems. Inc. UM b a separate corporation that is aainp solely as a notalm for lAnder and )seder's soccomm sad udpnu- W-M is the xmnpgse under this Security inaamo*L MERE b o% aa(med and *30ti it under the laws of Delaware, and has an address and talepbone aa>uber of T.O. Boa 20A Flint, btl 44501-2026, Md. (US) 679-MM. (F) -Property." Thaproperty that is descow below in the section tided "Description of the Property" will be called the Property, wbkh U located in Cutaberland COUMPY, PENNSYLVANIA. (0) -Imms seatred," the amamac described below in the section fitted Borrower's Transfer to Lender of Mom is the Property somaaium wit be called the -sums secored.- E0"OWBR'S TRANSFER TO MGM OF METE IN TIE tROMRTY I morMlip, Irm and convey the Property drxaibed below to leader, subject to the terms of this Sam" harvomm. Fbr this pmposo, Bottom does hereby raoctgape, smut and convey to MM (solely as noal ms for Lander sod LoWeen soooessesa and assipae) and to the sesorepas and asslips of MLRS %om Tights that as stated in dais Seca ty Immmeta, and also those rights that the lalw gives to lenders who hold mortMes an rest property. Borrow- understands and agates that MM loll only legal dtlo to the isimosls Vented by Borrow in this Saearky tastrament, but, if necessary to comply with law or cestom, MMRS (as momluu for L'andN and Lender's soccessors and assipai) leas the tipht: to exacbe any or all of time interests, bmIsdiaj, but not lhaitad to, the right to foreclose and set the Property; and to take any action regnlted of Lender iecladin6, but not tithed to, releasing and camic"g this swany tom meat I am O tj Lender these tights to protect Leader from possible tosses that might result if I fain to: (p) Pay &A the amour m that I owe LmAcr as stated is tha Note, witlslatuctt, and at renewals, encosions and mWillic atians to the Note; (9) Pry, whh interest, any ameants that Leader spends wader Paragraphs 2 end 7 of tbis Security Instrument to protect the value of the Property and Leadp" s rghts in the nopaw and (C) "st of my other promises and agraeroeets under this Security Instrument, and dm Note. 8K 1809PG3648 Doc $20122 - MPAW2 1?:g&mtT A Dissairno" as 7ve T'RornTY T sine Lender d#= In the Property described in (A) through (I) below: (A) The Property located at 1021 Teakowd Lane, Enola, pA 17025 Addrese s I Addtas • 9: The lap] dt oo of tho Property is fora fully described in the &hodcte "A" Legal Desaiption atnctrrd imew ad made a part b ; (i) AS buiiifings and other improvements than are located on the Property described in subparagraph (A) of this section; (q AN rights in other property that I have as owner of the Property dmaibed in sabparegrapb (A) of this stesiow. Them tights are known as "cerement:, rights and apporumances attached id d w M (D) All Heats or royakias room sloe Property described in vAparagrapb (A) of d* aetioa; (B) AN mineral, at and gas ftni; and prone, water rights and stock that an part of the Property described in subparagraph (A) of dib section; (Pf AN rights that T have in the lctid which Wee to sloe sues or roads to front of or am to, the Property described to snbpe agnph (A) of tVd section, (G) AN fistme4 dirt are now or h the fame will tie on the Property described in subparagraphs (A) and (9) of tics setticn; along wkb but not Nicked to stores, retdtievaoots, washers, dryers, 4khoo:hers, oven. air conditioning mritfi (11) All of the qf*m and property described in sAbpar pVbs (0) through (tI) of this section that I acquire is rho Matra; . (i) Ail repIscometts of. or additions to, the Pwporty doexibed in subparagraphs (B) through (8) of this nceion; and W AN of the amounts that I.pay to Leads tinder Parajrgh 2 below. SORROMM S RUIT TO IdORTOAGE 186 PAOMTY AND DOJRXGW='S ORUGAMN TO DORM M OWMIRIS ;! OA 7= IIWYBA?Y ' I eternise that: (A) I lawfully ow tike Property; (B) I bare sloe rispt to mortgage, grant cad t wxq the Property to Leader and (C) them an no octsaadag claims or dr, - against she PropeAy. T Siva a- pmerd warranty of t(de to Larder. lids means Fitt T will be tuft responsible for say losses whieb Leader suffers became someone dwo myself ba some of the rigia to the Properly which I promtee stare I have. T promise that I vP defend cry ownership of the property against my damns of inch rights. PLAIN LOIGVAGE SECUXW Iir'S°Y}tUWW This Seetoddy Imbsoveat oentaias urdfotm Forabot and agreements that are used ib tvsTpropcrty seeertsy groctneaa an over the coaaby. h W NW= son.voi[Otnt Promises and agt"Metm that wry to a limited vacat, in different parts of the coatury. My promises and agreements are slated in "plain tangeage." I premise and I agres. with Lander as foOm I. BOkROW$R'S YROMISB TO PAY T will pay to Lender, on date, principal and interest doe coder the Note and any prepatmatt sad late charger doe coder the Notes 2. MONt=Y TAIgCINlS YOR TAXFS A DtSUItAKC6 Ica Berre+e04 Obtfgadara T will pay to Lender all ataemets news=y to pay for to=, swesewects, loasehoid psymem or grouurd rents (if any), and hawd insurance on the property and mogpp iknwance (if any). T unit pay those amount to Lender calves Leader odds me, is wtiring. that T do not have to do so, or unbss slot law requires aherwise. I will make those payments on toe came day that my monthty psyautats of pniadpal and ,secret are due under the Note. BK 1809PG3649 DW t26122 - MP MM Bach of my payments under this taragraph z NM be the ram of the fogowinss to Onsjtwelfdo of due estimated yearly taxes sad assessments on the property which ender the law may be snpetios to this Seturhy fa*Wneat; plot (11) OmstweRth of tats estimated yvariy lawboid paywma or pound rents on the Property, if a"; Plus (I0 Oes-tt oM of the estimated yearly pragletm for WwArd insurance covetitng the Property (if ow) Onatrralfeh of the estimated: yestly premium for moostgaga insorpoos (if any); pass (r) ow twom of the aidsostod'yemy prtaaitm for hood innew (if requited). Tn aooordsmx with appmab)s taw, Leaflet wits ailfmate {rota tine to d= nay yet* taxes, a0colmaus, leasehold paytaeatt or period tents and inwrom premioon. Lander will no exWn sssea meats and bills end reasoaible 1 1 at @ of fame a cts ad- bilk. Carder may, at any time, P MIleet and hold item under hragraph 2 in an tailgate amwamt not to exceed the maximtsu amount that may be required for Borrower's account under de Rest UKM $ottlo esrt Proccdarea Act of 1974; 12 VW 2601'et esq., and map reyolstim% 24 CPR tart 3509, as tluy may be intended iron time to time. ("RWA"), extaept that T wM pay m Leader an additional mum equal to ooo4b* of the aypeyata aaom of yearly psymoah under this paragraph 3 or a lesser snood if regrthed by applia?ble law. This ante is too" as the "tomma* et "owhlon," and Is paukted by RWA for mrantfefpeted dtsbwuawaa or d6barocane w Inifore my payaaats are aratUM in the scooapt. These amounts taut T pay to Leader for *An damn under paragraph 2 wt9 be stied die '." Whose Fends may he commingled wilt the finals of errs Leader asters the law requires othawia. Valess an age meat Is made or applitabls law requires ietarest to be paid. Leader shah not be regoirtd to pay Borrow sty interest or eaatdnps an tiro Reds.. Leader may nxpdm thrower to pay a onetims ehwpe for an indepeadeat rest estate tax reporting swvm used by Leander in connection whb the loan, anless OPPSUble law provtda OdMW6-- 9) Lwda is Obogdteas Louder will in tie Puds to pay the above fitted items. Lenda• will give to me, whbout charge, an animal usoentlaz of the paads. That aoaonting meet slaw at eddideni to and deductions from the Panda and the reason for each deduction. C) A?aaaaeala N Leaders estimates are too high or N taxes and Insurance races go down, the emonrss that ) pay ands this Pars"It 2 wA be too lane. If this happen at a time when f an keeping sH of my pro strut and agroemests roads in this 3ocurity Trsaveac t, 1 wM have. the right to have the excess amount, caller promptly repaid to ms as a direct refimd or credited to my Nigro mm ft ppty mem of foods. 'there will ba excess emosots VF, at am time, the am of (s) the amount of funds " Lender is hording or kesphq, pits (a) the amoeat of then ON* payments of farads wbkh T am most pay bomenn that tiro and die dux data of taste item is pester than the amount necessary to pity the above )heed items when they acs doe. N tba, Foods exceed tha arnoaats petnnitted to be held by RWA, Lender shell deal with exacta funds as required by RENA. Tf, wbea payments of these items are doe, Lender has not received enoagb Pands to make those payments, T will pay to Leader wbataver addkiowt amount is accessary to pay the then items'in•fa9. T t ast.pay that add(tioool amount in one or-more payment as Leader may requim and permitted by 1iES1"A 3. APPIMA11ON Of 301 "WBR'g PAY)IMM Unless taw law regl*= otbiswite, Lender vile apply each of my payments under the Note and under Paragraphs 1 and 2 above in the foSaWkg order and for the following purposes: Pbat. to pay nay pmpaymemt obargas rive under the Note; Next, to pay tats charges under the Not; Neut. to pay any atmountt due to. Leader under Paragrapb 2 above or other advances; Next to pay interest des; and Last to pay principal due. BK l 809PG3650 Doc 420511 - "W3 4. SMOWRRVS OXJGAUON 70 PAT CBANAM A 1'eS AND CLAIM T will pay all taws, .oarsman, cbarges, tins ad ireposkim amibuu6k to the Property and that may be superior to this Security Agreement. T trig also mate paya mts doo under any lease it I am a tenant on On Prop" and T will pay ground mus (if say) doe on the Property. i will do lids tltita by making tae payments to Lauder that an dsnsibad in Paragraph 2 abaft or, it i an not required to meta paymmu under Paragraph 2, by wa*kl the paymew on time to time to the paean owed than (fa " Ufift Uttrinuent,•tlts•word "pa sW taeaaa any Perim. OrgaAtLW-. governmental mAko 1ty or other party.) Tf I make direct psymeats, than ptnmptly after autblS any of thole paymemta, I will give Lender a receipt which shows that I have dons so. If i mate paymeoa to Lender wider Paragraph 2, t will give Lender all notices or bills that T receive for the smowab due•under this Paragraph 4. Any claim, demand or-charge that is made again# the Property beeaase an obligation his not been fnlieled is known as a "Nan." T will proteptly pay or satisfy all liens, apiwt the Property that may be aaperkr to this Security harompnt. However, tills Security Torard tat does not rwooks at to satisfy a superior Nat it'. (A) I agree, In writing to pay the obap*m wMch pve rise to the superior lien, and Leader approves the way in which I agro. to pay that oblptioa: or (73) In food faith. I alma or defend against this superior Nee In a I, - I so that dmbag ells Is volt *a superior fits raw sot be tdorosd and mo part of ate PMPaty WAM be liven ng or (C) r some from slue holder of 00 other lien an agreement approved its wrimtg by Lender drat the 11M. of this•Sl:ouritj Inttrumaat is superior to the non kola by that Person. If Elates detan iun.ttae any part of dw ft "M is subject to a superior list, Lentos may give Borrower a notice idendr*g the superior Bah. Borrower shall Pay OT SNWY the RVaitr lien or take one or mote of the actions at forth above within 10 days from the "S of S. RORROVORt'S OBLItTA1TO TO 31MWEUX RAZARD DMUStANCZ i wall obtain hazard imorenue to lover an bnNdinp and other improhramonta that ate now, or in the fatme, trill be lotacod on rho Property. The itesttfa m feast cover lose or dmuV eftltsed by flet haserdt normally covered by "attended coverage" bmr!d baurance poKeia. and other haasrds, including floods or flooding, for which finder or NOW or W" ,oratna 1Wt mphes oovatap. The insurance am be In cite obotmts and fqr the periods of time •asgteired by Lender or go vtramelt agency. F may choose the insurance company. but ply choice b subject to Lender's approval. [render may tot testae to approve my- choke unless the census Is reasonable. N T do not maintain tonnage as described above, Lender may, at bender's option, 'obtain coverage to protect Lassoes tights in accordance with this Paragraph and Paragraph T. N dw property Is dounduad to be looted in a flood :one that respires Rood iatmavice; as deelgovied by the Federal Hmarlanay 1?[arDemawt Agency or another aptahi that has this authority to make such determination, I understand that r will be regaW to obtain food inarauce covorape for the property. ' An of the lmmnnw policies and tetawals of those policies must Winds what is known ac a "Standard MottgaW dame to protect Lender. Mar form of'am Policies and renewals meat be adecotable to Lander. Lander will have the right to hold the policies and renewals. If Lander requires. T wilt promptly Ow [vender all receipts of paid premiums and renewal notion that I receive. Tf there is a lon or damage to the Property. T will promptly notary the insurance company and Leader. if I do not promptly prove to the insurance company that do loss or damage octaatred, then Lander may do roe The amo+nK paid by the Insurance company is called "ptooeede.` T.amhorite the Lender to scale any claims and collect the proceeds an my bdtaff and we them to radues the amount I owe to Leader under tit Now and under this Security Instrument (whether or not repairs bave been made by me), or Lander may release the proceeds to pile far use in the sepals or restoration of the dsmaVA Property. Lender tray use the proceeds to repair or ream the property or to pay the sums sftwr . Tf any proceeds are used to replace the amount of piincipal which T owe to Leader under the Note, that use will not delay the due dun or clamp aka amowtt of any of my monthly payments ender the Note and under Paragraphs I and 2 above. However, Lender and T may agree in writing to these delays or changes. ex 1809PG365 i Dill nostx - PN174 if Lender acquires the Property under Paragraph 2S bctow, all of my rights in the huvtance po%cW nix bdoag to Leader. Also, ax of. nay iftlan is any proceeds wM& are paid because of damage thu occurred before the Praperty is acquired by tender or sold will belong to Lends. However, Lender's rights to those proceeds will not be greater than the scow secured immediately before the Property is acquired by Leader or sold. In the event tlnt 8o WWW fans to maintais hazut issurasa or flood iasaranoe as oudleed in this Paragraph 3, or hat the policy Canceled, SkeR • aid' in fink eta, I. NW IR" obWo 64 wry insteaaoa. header may cMrge bortowes a "sardwipe` to cover the costs and a Sga of said insurance, and will be Tesponabta for alts psymm of tbue fns and all prcmimus on raid isoance. Tf the Leader obtains kwauoe, it will only provide Prot" m for tho premises. Oontatn, liability and other foams wile not be bhan&. Bavrowet iritvacabty assigns to leader all of fay right, title and interest in any taxAnsamaart esaow retcesob, iarwarea proceeds or the tike regardless of bow destipated, which trim in anyway related to the sab)ece.pioperty, and auehoriaes these amounts to be pad directly to Leader. Lander will credit all psysanatt to the borrower(s) account in the order of pt6nIq. as sjeddi I in paragraph 8 hereof: L RORROWER'S CUIG47MN TO'MAINTAW THE "WPEM AND TO 1MMI AN1? LUO ONUGA.TIOthiS T will keep dw Property in good repir. T will not destroy, damage or substantially cbaop the Property, and I will na dow the Property to deoaiarsta. N T do not ova bat am a tenant on the property, I win fur my obligation; Wader any rasa I also agee that, it T acquire the fee dtk to floe Property, my hest 1 11 and the tee tkle VA not rue rp =alert Leader agrai to sirs merger in 7. LZOISR S RWPRT TO PR07lgCT US MOM W TEX PROMMW'. MORTGAGE wrift It (A) T do of keep my promises and agreements taste to this Seaority Trisntnment, or (a) someone. faclafti; me. boom a legal proceeding that may efteen Leader's Tights under the Now or in the Property Comdr a a land proaeft in bankruptcy, in probate„ for comdeamation or to tudorae inn or Tegddimts): trader may do gad pq for whatever is mis to protect tU value of tie Property and Undoes don in the riots and Property. Leader's sodom, may inami* appearing is eeort, paying reasonable attov&s W Res and sneering om:the Prapeity w make repaks.. Akbogb Lender nay take actors vmda this Pangm* 7, Leader floes not Ma to do ao. I will pay to Leader any amomat with Tjdcrut. wbioh Leader spends under this Paragraph 7. 1 win pay those as mass to Leader wha Leader aspic me- a notice tegnesarg tint T do sa T will she pay interest on dM amwusns at the Nola Tate: bond an sacb mount will begin as the data dir=t the amomd it opens by Leader. However, Lender gad I may agree it vdit to tam of payment that are different from thou to this passaimph. 'Chas Severity Uwain4at mix protect Lander it, cast T do not keep this ptauft to pay those amounts with interest. If Lender repifed mortgage iraunrhce a a condition of making the Iaan that T promise to pay under the Nate, T will pay tin pptrumious for that motgap it rmance. T will pay the rcurf Wm until the regntremat for mortgage bsursmem ends according to my written agreement with Leader or according to low. Leader NW,*** me to pay the pre ubw In the matmer described in Paragraph 2 shove. g. IMER'S "GET TO IKSPICT 7W MOPIRTT Lauder, and others sutho*ed by Leader, may enter on said impact the Property. They must do so is a reasonable mmaner and at tessotnbh times. 9. AGRERNEitI'S AD TI C6I4NDAORATION OB TEE PROPBRTY A taking of property by any govetatsrentd oxha qr by emtbmat domain is known as "condemtntion " I give to Leader my r'iAr. (A) to proceeds of ail awards or chime for damage* resulting from condemnation or other governmental taking of the property and (S) to praxeds from a sale of the Property that is made to avoid condemnation. Alt of those proceeds will be paid to Lender. BI1809PG3652 P= 120313 - PAM if all or fro pmpaty is taken, the proceeds whit be mad to Tuba the sous $0001104. If may Of the pToeeeds certain after the aahostm that T owe w Loader tae been paid M fdl, the Tersabmtg p$oeaeds will to paid to me. Unless Leader and I apes Othawi$a in wrltmj, N 0* a past of 00 Property b taken, tke amour dw I core to Leader wilt be radmad ony by dw ane wat of preoeoas muN01W by the followwg fnaioa: (A) rho total amm-art of the feu! stewed bmaedledy berate the ta" divided by.(B) rho ttt#t[ *arkg wabtaof,the Properq hamedbttely berate the nkbg. Ite temak der of *6 praaad$ will bar paid m me. H I abandon the PrOpaty, or U T do not aaswor, within 30 days, a p9dw from Leads stw iq,*w a Vvatmman»i xoft ty bas allared'so make a paymw or to settle a ddm far dailrsIa. Lendtt has the wmhwity to collect the proceeds. I ea3er may then ass the I H - , df to Tepair or restore the Property or io reduce t1a seats aeewed. The, 30 day period vrig baps whets the pocks b glen. If any plomeds ass and to reduce Ile smowt d prittatpat which I owe ft Isader wader dw Notes that we win act deby do dwo dare or dtmp the SWAM of any of my eroatldy pfilmo s wow the Note and undo Paragraphs I arhd 2 above. However, T.emder mad T may agree in writing tw dose ddaye•or Obsesses. A COMMUATION OF EO1RROWSR'Q OMGATMM AND OT LENDER'S RIl'Vn (A) Derrewwr'o Obligadens be amount LerAer may allow a pawn who takes aver my t doob or h this Seem" of the mantbly payments prhtdpal a ua Instrument Even V Lendw doss Was honevar, iibt poison and I wX both sW be fthlly obpWod wader tie Note and•w elar this SwA ty rnsteomaL T.emder saayalfowr those delays or clumpy for m paren who takes am my rights mad ebapdwwes, am ii L par Is vegmnrsd mot to do w Leader wN trot be ngwhed w bft a I, rich apitm tomb a poaon for Ror faVO kS the obttgadon of the Note of the Seamky ra u=Wne (B) Lsudar's TJOU Even W Lender dose trot ernerdse or enfom any tfahk of T.eader Milder this Soamdty TharWgwtt at soda the law, Leader lrai $et8 have all of 11110 rights aad may exardSe and safma? yd.a?ft to the fame. E/aamlon of tame fat payment or sodifiaeon of am?tloa of the sorts scow ad by tlli$ Smalty Instrument pmmad by.Lsndw to any smocnor in imtetat of Borrower shall not oparta to rebus the YabiNty of the otigiaal Borrower a 8a$towees stuawors inn 4 Teresa Any forbeatanea by Lender in exaebiug any right or remedy Bali not be a waiver of or produde the awards of "W right m ro edy. Evoa R Lender obtains inso mom, pays tea, or pays other elaaas, thanes or Sm Spina Cm Property, Lender whll have the Tight amdw Paragraph 19 iodaw to demand that T Aiske Immediate payment in tall of tlhg aeeomw that T owe to Leader mwkr the Note said this $mwity- Icstr amen. IL MIGATTONB OF SORROiIU AND Or PERSONS TAENG OM DOIROWBR'S RIGHTS OR ONUGATTON'S Arty persat who rakes aver my tight or obligations wader ids Soraft 1lt u memt 1411 ban all of my d4bts and wilt be eblipted to keep alt of my protnttss and apwmmats mods in t* Secatity lmstrumcaL Similat(y, any Prison who takes oser Lendoes dpn or obligations under this Saearky Imsbmheat wilt have at of Leader's rion ad wet be oblipted to keep all of Lenda"s agreetoents made in this Socarhy Instrument. If more than one powom atop this Swwky' Instrument as Borrower, eseb of its is My obBptat to keep Sn of Borrower's promises and obHVAlow awninsd in Nis Som ty Tosmtwaeat. Leader', may onbm Landers tights under 8th Seca ft Thxrm eaa apbut salt of its indiridwlyr or apbdt an of as together. 71his means that any one of at may be, regabed to pay an tams seared. However, it one of us does not sign the Note: (A) that person b signing this Sesmrky Tratr meat only to give that person's rights in rho Property to Lander tinder the terms of this Smarty kv*=lcnt, and (B) that penom 6 not personalty obligated to pay do sums socmed: and (C) flat pesos ogees that Landar tray agree wkh the other Sorrowe. to debty enforcing any of Lender's rights or so modify or make any aecammodadoas with regard to the terms of this Semtfty instrument or the Woo without that penoa's content. OKI809PG3653 - contra 0ea 120514 IL LOM C31A1tCrgR tf the loam secured by tea Security Teshureest is object to a law which seder maximum loan eMr^ and that law is flashy fit rpteted a that do tatmut or otber ban dharpes colleted or to be collected in connection wide the ban mad permitted Rmitc (A) any web loan dharga seas be redwod by she asnamt necessary to reduce the e'h" to du permitted limit; and (H) any stow already corected from Sommer w%kh aAccded pww&W limits will W TdW" to Dotrower. Lender may dwom to make this mfoud byvw&x erg the prbcipd owed under the Nom or by making a direct payment to Horwoaeer. ff a nd and To I principal. the reduction wM be treated as a partial prepaymeut witbom any prspaymeht dwtp undw the Nom. Is. LBOR I.ATM A>tf73C'TM LIOTDt M RIG M if a Mange to applicable law would make say provision of the Note or this Security Ta mporwat muenfaerabha, Leader nwy.oogob- immedists payment in full of all Nuns seared by *W Seonrity iostrwout as that phrW is deAaed in Paragraph 19 bddw. If Lendw regaires imoaedwe pap Bent to ti111 under " Paragraph 13. Larder wall take the steps and may met as specifkd in Paragraph 19 beloi, u. NOlTICTf811BQT1MD U1WU Tag SWOMY ]NbcAM MP Any no6oe tbat amt be. given TO me niudav this Seanity Tmeramtent wilt he given by doNvetimg it or by mdit it by fira class taatl mks applicable law mquires use of snmdur method. The notice will be addressed. to me at ebe sddnta stated in the sediou abort tided "Deeaiptioa of the Pr3perty." A nudet'wilt be Om to me at a &&rot address if T glut Lender a written notice of my'difi&ett address. Any no" that on be Oven to Under racer this Secwdly lmsavmad will be ;,Om by wai6rg it to Landee s address sated in paragraph (C) of the section above titled "Wards Umd Often To This Documw ." A notice will be mailed to Leader u a diffaatt address if Lender Oa me a nodev of the di neat addrow A ewtloe regmhed by Qdt Seaulty iariroment is given when it is mailed or wbea it is delbaed aowdes a the rlq*swants of this PaTadrapb u or of applieabta taw. IS. LAW TEAT GOV> M TEN BGCi xwr IMMUMM This 3ecavfay insdenmsm is Sovsnwd by FeduW law and the laws of the Jurisdiction what the property, is located. The bawwa hereby coasents and agrees tbat the debt bwteby mared, or my put *area, may be renewed or aotWv&d beyond imatu * a often as may be desired by agreement between *a ereaw and any atbsegmear owner of the ptopetty, and no smelt Tanswal or extension shag in any wiry afoot the borrower's rapaasi NW, MW Mar as emery or otisawife. The borrower and any other party assuring liability bertnndes hereby oouseat and agree that if the property cmvgM hereby or a wbstantial pottier thereof is.bUdand to say subsequent owns, and the creditor undset dw right so accelerate the deks seewred baeby, the creditor may accept arty defingwent payments or other are of dolantt Oft visa to such acceleration from the then owner of rho property or say Ober parson and roieeate the %&bftdnm in aoeordaece with the sdodde ot matmity as of the time of amimarton or upon soda new schedule as may be agreed if mna real or eatendws are otherwim permitted and no wc? TainaTatauau shall in any way dho tba lability of such prior parties, whedw as surety or otherwise. Tf any tarts of this Security Instrument w of the Note aonfiiaa with the law, all other tam of this Secu ty Instrument and of the Note w01 still remain in affect if that' can be given.affect without the oar of tun. This means that any terms of tbb Security Instrument and of the Note which eonflka witls the law can be separated from the remsirning terms, arM tin remaining terms will still be enforoad. The borrower hereby naives its eight to a jury trial, Id. DORAdWIIR'S COPY T will be giver ona conformed copy of the Note and of this SmAty inshvatent and hereby sekmmwiedge Tteeipt thereof. BK 1809PG3654 Doe 120515 - PAwn 77. 7 AMM OF 188 PROPERTY OR A 1 RWICiAL QTSP IN BORROWU If A or any part of the Propaty or an inswast A - A M sold or. transferred by Borrower (or if a bearkial bsterea In. Borrower is told or eaaducTad and Borrower is net a astant petyoa or pasouu but is a corporation, peratership. trust or other keel aldty) wkbotet Let ws prior wr mrn mom. vultaOng (A) the ereadon of alien or entambsaaa sabordlaate to this Security imttUmsat which doa not radars m a Mender of does of ocmRaaq in the property; (2) the cn*don of a punkas money sewthjr f foF liaifelld appiaih'(C)'r ttoatdar bydrsbls, desesat or by -operation of law UPON the death. of a joist twtasd; or (D) tbo pmt of any kasebold Worest of titres yeah of Ion not e------ as as option to pr duo, Leader mq, at WWWd optoa, declare al-the snots seated by rite SecWay-Inserama s to be tamed tdy due ad payable. If Leader au dm sods option to wosIctate, Leader shalt mail Borrower notice of aeaknlion is accordance ebb Paap9b 14 haset, and Lender may, in seoordanea with Pennsylvania law, invoke MY rein " pesaaittod by Oft Seetuity ln*VlW nL Leader may consent to a sale or traveft it (1) Bortowe r causes to be subta tted to Leader information regatred by Lender to evehim tM twnaenee as it a new loan ware beans made to the traa#, (3) Leader reasonably dowusiaai that Leader's new* well arc be Impaired and that the risk of a breach of asp toveatat or sSr wmw in this 8eaM47 lasbataeat Is acceptable (3) interest will be payable on the OM wetted by dds Security inkrusfetet at a rate acceptable to Latch; (4) dtanSas In the taros of the Now and this Saastuy losmonsnt required by Leader are roads, imbuft& for enzoplo, periodic adjustment to the buerest rage, a diKasat taxi pgmsnc dam for the loan, and addiw of aspaid and tMt obl law the tntoderee to keep all the promil a Mla ag reemattts roads in tho- Rom ow iR the Seeowly Instrument, as tnod&d it fsq*vd by Leader. To the eomhaht permitbsd by appIkuble taws, Leader also wrdtarss a reasonaby ft at a condition to Larches manst to any sit or trwdw. Boaowen will continue to be oblipsted vader the Note and this Security Isutroment =kw Leader retaas Borrower in ethane. I& BORitOw>< M WAVAANIM RitAAiM TOR1BiMM Borrows sates that be wig not Use, and wuf not permit any thbd patty to we the Property or any Portion Owed or ioaersst thereis •fa MY Par" that would cause rho property to be abject to forlwMe. Borrower terdwr stasis that the Property pas rot beta .acq*wed with the proceeds' fern any bunclion of sdivity teat would thereby erne the ptupaty to be abject sp forfskare. 19. I.MMIR`RIGHT TO RBQUMS DWMIATS PATi>i T IN 1i>i7L 711 tau to koap say ps0 Obes or agrooments Made in the Note or in this Seemly lnsuament, inckdk$ the p?oasisaa to Pay wbwt On the amoomu I ogre to Leader. 7 will be to deAkuk. If this matters, the Leader tray require that 7 pay fstanedkaly the entire =rat tMm rasoaidng oopdd under: the Note and under dds Security Dent. header mq do this without making nay further demand for paymeaL Tbb requirement wall be anDed "1mnodia0e P,ayme*t in l9." if i am in defiak for any reason, you bavs do right to devea?d payesm of the endre smonat I owe ym it Leader requires psysaetet in f0l or IN the eveaa of a forselonsm action, i tares to psy reasonable sod potasboW legal tees, men sad dUborsemettq, and tb# such toal mow* shall be paid by me wkh inters", as q and ted in paragraph 75. up to the day you aenauy geed vs sock paymoac, even after torsdosme otaw. In airy kws* for sale. Leader will have the right to (i) eollea al cum tUowad by lave. (sl) have the Property soil as one pare* and (t'ii) beta a Ltsasiver appoiated by the Court widwat first giving nodes to me and without regard w the vshe of the Pfoperq. Upon aooetetatioa, Borrower shall have no right to retnstats. All rights and remocifes provided in this Security 1 au are di$ftd and ctsmakdve to any other right or remedy Undo d* Seeutiry Instrmrort er Worded by law or equity, and may be enerehed conearrenity, iodepatdeaty or suamosivay. BKt909PG3655 Dx 420SH - MrB 26. L1Tr MOS RIOTS TO RENTAL PAYA781! U AND TO TAKE POSSEMON 01 THE MOPERTY If Leader requires Tmmedbu ftynet in FWk or d I aboadon the property, That Lender, persons antbafted by Linder, or a ttroefvw appointed by a coat a Lenders request may; (A) eoSea the ream pR]e , indadlag oaurdme sense) payments. dtreedy froar the tenants (B) moo all and take poncaion of den Ptoparty; (C) ta=W tha Property; And (D) ripe. canal and ebanp leases N Lender notlties aloe umMa. Linder has do right to MOM -vestal payments. to Lender wkbm bad to ,ask whether I failed to keep any proaaiws and avemuna under dais Security Instrument if then is a Judgment: for Leber in a lawaait for lb ' ca,aa P sad silk, T will pay to Leader reasonable rent flora the date dam Judpnint if entered for a long as T ac mg On lroperty. However. this does not give me dw right is occon den Property. At renal paynmb collected by Leader or by a receiver. other than the rent paid by tae mtder this Parapapb 20, will be nand fast to pay -the coats of es> fUS rental payments andlor msotgtag tie Property. If say part of the tsotal payments resasins after thaee eats have been paid is ling, taw rmuhft part will be used to reduce den amemat tint I'ows to Leader under the Note and under this Seearky InstrumscT. The uAarts of moseft the hmprq maps inelnde the tecciver's fees, rwonable vacraaey's flees. and the twit of any vemssary bonds. Leader. and dw receiver will be obligated to account many for dtoaa reuW psynsaes'dsat Okay actually reaiva It I fell to traits any poyeents or hoop promises andw this So miry bstrunwvt or the Nov, then I "A pay nearby Is adveaoe to you or to any maw" a fait chtp for the use of the Properly that I oeeepy. R T do act pay this faire one. you or floe receiver may sme to collect it or to rem" me, or bode. I UM not called non den on# (1) month's rent la advano; from any tenant or ompant without your wdttae P. , I 2L MUMM 0§13 UM TO OKNARM TES S&CDRM WST'RVAGM When Loader has been paid all amounts boo nudw the Note-sad uder this Secarky Instramost the Lender will relmss tM Ssnatfity futrwatatt and deliver a cAtti&ms sbtiag this Sewrq bartmaent *Socurky has been PAN in hL Lender will dm deliver a eati6an gating that this Ttastmownt has WAR 111MOCL I WE M 40 costs Of reeordhag the Release in due proper official records. I Agree 10 Pb ON v+pMubba Charges in CaanoeftR with On Unkinj of ebb loan, iaehtdiog but not UmbW to obtakft tau searekee •aad bilk and in prooesdng insurance lose payments, mmtc hip ttsetsfea, Teleel 16 pis, omaAats, elmemim. m fora, sped s8M=eM% assipm tus, redmcdon oesWicues, asset tecovarp'and sst*-I - Iorr of mottpp. TA the erect Borrower dWW Lender to order any riports, approiftk. ward es, mw nations andlor the Ulm. I abet aloe the eapeaso for the sane: is to be added to the balance of the Maiug mortgage, if same is trot paid w" 36 days of wrhoAp Ratification; 23. HAZARD0103 9UBSTMCRS Borrower shall trot mate or seamier to C*4 or permit achy of its agents. employe", "RavAttns, tenant, ov Invite" to eras or sniffer to exist any on. Secarfty faterev charge or cncvmbrancA aping the Ptopaty or UT portion thesoof. relatbrg to stay phy" or caviroumental candid". ied}ul?ag, loot not tbaited to, any ]lilt INVOICII PUMAS to section 107(f) of the Sq=fbnd Ameadptents and Rometiwtkstion Art of 1966 •(42 U.S.C. 9607(!)) or any siarilar federal, state, or loth statute, regulatiaa, rule. order, or ard'nautx. Borrower shall 'nil Can or permit any odwr party to cause or permir ate presence, use, disposal, storage or release of any Hasardow %bgaaea on or in dw hopeaty. Borrower sball not do, nor allow anyone eke to do, aoythnts affecting Oka Property that is k violation of any tw ronmestal kw. 9K 180g?63656 Doe 00317 - PAM9 Borrower shalt promptly tie the Leader written notice of any irwdatiption, dahm. demand. lawsak or other action by guy govcmmental or regsaeay epacy or Friars entry imolvMg the Property and srry Rundom 3aboam or saviroamenal Ian. of which the Borrower has aetaal baeerio4p or should have Aco W koowledge. N Borrow learnt or is mottled by any 8oswrmrental or mpUtoty aetiorky tbu any removal or ran tion of. any Hazardous Sabaame affecting the properly is wry, Borrows shall pmnp* take nam any remedial. ramowd, and other KOM Necessary to eWa up and reaaowe ap tfirstdoisz' Subcnrmrt, sad wines; or cont miaaats on, in, froda; or affeeties tads property or airy portion dxrW, In socotdaim with euvitoomeatal kw, to the satisfaction of the lender and in accordance with A orders and directives of toeataaandJ aadwrities having j nUdic m over the Property se&or sorb aabstances or materials. It Bortowar fads to take rsmadial action, and neon receipt of notice Mrom any patty astaft the existence of nary Reszrdous Substances affoe g the property that if trus may vw* in so order. auk, imposition of a Beet on the property, or other maim, or if The leader in good W* believes would jeopudim its sem* interest, the Leader at to option shad Ibks whatever nation is necessary Is moordam wltt SwAroa m"I law, to does np? remove, resolve or•othetwiss rem dam the situation. All reasonable dolts and expenses paid or inlewred by Loader in the exec-rise • of such tights dial be :waned by the Saar se wk* this lean and shad be payable by borrowag dolma deatand by tender Borrower shalt indenaity. eaosmm, defmd and hold hwmkn Lender, its otiioers; directors, shareholders, agents, and employees, from sad spinst any and alt claims, dssands. oWgsdem penalties. tines, snits, IiIbd dW setteneats, dma^ lopes, costs, and eases (isdw" but not limited to, stormy and consultant feet and expanses, khwstipddm tees, laboracovy onm ass, dump coots, court codas, sad odwr errpeos" of litotes or arbitration), as well ere airy eruct fees and expenses inemred in ardaddns this tademntgf, and any violation of any applicable em bu mmul taws in effect on or bdbm the date here or beresfter made effec v- As used is this document, nbastdow Substamose an thaw sebsances defined as temie or Iwtwdoas -W mm by Enlronmernt Law, stag the blowing subtaaoea psolm, kerosene, other fmomeaWe or tonic petrolema products or by?peodaoq, toxe paatiddee, babW t sad fanpc3det. yokdW solvents. tnaariaa containing ashow or formaldehyde. and radioutim materials. As and in this inn, an; °Etr k mmmd Law'. moan federal, state, and loci tarn, swrttes, rd", rbpkfi u, jtl"I orders and decisions that, rate to health, satb'ty a environmdmtal p owako and maintmaude in the jwirdidion where the property is< located. 246 PldOfl167;00f11 (A) In the event brat the holder of "tilts Security fnstswoent be ragaked to retain legal caned for the Pwpm of com u ndog fogdome props ftp beremtder, a reasonable sum shall be added to the said indebtedness, u fair and nasoaablc loo A*$ and deemed mmvd hereby In addition to expound, costs. Aawaaees as provided by law. (b) It this Security Insorament bnolves a andomirdao unit, any falate to pay common cbatSes when they become due shalt be considered a dowit under the tams of t* Soau ty tnstrament. (C) R I am permitted to ewe a ash*. of t)tk Note or the Ufdntptge secvdiag dds Note prnraani to the United States Bamkrapsgr lode (15te II U.S.C.) or orhu Imme bh taw. I sedan ony agree: that the amount noceavy to ewe the dafaak shall befude the sum of as amounts past due under the "arms of the Now mdrw Mortpp. Inching al principal, interest, and We charges, and ale amow"i advanced by Leader purcmut to the terms of the Now and/or Mottp$s, Inctadinb ale suarncys fees and httersst rate required by the Now and fur Montpp hoax the dabs on which f elect to cure the d eflahk to the date on which the ddiult is My tat s& Nothing hwelm shag be construed to allow me wW right to cure any defauk of Wet Note or Mortgage wwgn as spectically authortted under the United States Bantmptcyy Code (Title 11 U.S.C.) or other applicable law. OXI809PG3657 Doc nosla - t ajo M) In the rears that Latdar shat advance any many io 4eder to pay Borrower's bomsocr, taxes aedlor baaard insurance andAw say other jw poeenti. Ilaes, Violations. or actions antics pereDRph 29, thea Borrower will pay iptaeat on tha stags advae" at *a rats spedtied in Borrower's Note. C9) In the crags the premises tablets damap or Borrowers rbrdsptaaY andlar r4wes nations fire been found to be false yvior to else diabusaaew of bads, Lender, Is in sole discretion, may taAcd tills Now mod leader rheli have so furdw *MW m to dw Botrtnow. Leadscr agree that Lemdo# will fik a Sa or•of Mor4W in-die-comity thk Seenrty-lutrameat is filed whh the 1)ifko oFtbo County nark pRar, to can"ation by Leadn. (p) In the aVeat dot any cheek paid by Banower in Lauber is returaod unpaid that and is gat event Larder may, at Landises option, togwm bask or ardud fonds for cadt payment made theloOler. (n Tn the sMeot do Borrower(s) Amb cease or. bring any action. proaeding or petition for the asisnateat, liquidation or raerram,emeaa of their steal indebtedness muter =7 federal, snug or local statute, spd it each evew time is u hmproper i V*Mow of the ran of this Security Itbaramaat within the meaning of nay 71de, Coda or local setmte dwak relevant, than than be allowed,Ia?warded and Sraated to the holder of this Sexrotity .Tt?rnmeat by rbe roars or aribonal having jolt ktim sheered, reasonable kpl fees incurred to proleot ebe Ilea of this Security nastresas at against such Improper iaapakmats, or in the aver the bolder of Sit Sacurky lostrvment is regoba to beigg on wq motl" or proceeding to vanes arty my or eompd tajecdoa of any preps plan. Such award of ressonabk counsel fees " be bread aeon the uta x" hourly bid Tara of an expa?eneW Val esn Y practitioner wi lda the jurisdiction of the covet or teibmmak and without any ?e moue or reptd direct or ladirea to the soar d need theory of "economy of admilaWadota.' (li) In addition, Leader shall be endded to dwV intar3st an an as sand interest, foreebsom now, attorney fact wbdhm itromrved as a veadt of the foreclonva or the bankruptcy procoeftg or other pre.pahloa stramrW payable pmrsaant to or abtorgh aey plan In the baaRrnptey , The Invest Tate shall be the saw rats chwpd weds the Now scored by this Security insumcatt. ZS. ACC JIMATIM DWAUW1 8 In the - it of a debult by Borrows, in any of in covaumm and aptama is hsreander or in the avant of a breach of wq at Borrower's reps dons awed waranties herahi. Leader, at its option. may Tegahe hmmediue payment in fail of aH seen; severed by this Secwky Inwmment wbtho* funbor demand or nodes to Borrower sad aaay Wwdm any remedy permitted by app IWA* few. If the knder n dm payment In fall, or In the evert of a foreci mre action. I agree to pay reasonable legsl fee. principal and'iateceat, now acrd alsbnrsaaemts, allowances sM additional ale be awarded by cry jad®aaat of f&mtome anti sale added tbauto. Attar aoeelention and until a judgment has been omoaed. 1 shall pay this total amocat with interest. tip to the day yore ad&* Taaaivs each payment, at tiro 1080M RS InteTett tats: RX63 $ tbk is a mortpge in exoosc of S9D,All1O.iltl; or b) the Nora rate if this is a moreI S hearing su ot'+giea) prWgW stwsa between SSAMOO and S5O,OMAI After a judgment has beat readlwad, the interest rate wig be the highest permitted by the eau of Penenybank. In addition. Leader shag be Budded to colleat all eiuou incurred in pearsning the vemedies,provided in this paragraph 23, inehedias, but not limited to. reasonable attorney's fees, and cosh of tide avidencs. Upem aoeekratboa, Borrower shall have so right to rokwate. All maitre and 'remers provided In this Security Instrument are distinct and eta suhths to any other right or remedy finder this Secu ty Insinment or 'afforded by law or egviri. and may be exeesieed concurrently, indepaideatiy or suaasivdy. 6K I809PG3658 Doc #24619 - PAktll lCUROWERIS COid?LI = a) upon the "qua of the Land". is aaaoaesors of usWa, t shalt: 0 ft ndsh std ==I" asy doemooab "Rd" by 00 Lender to verity etu math and aoemscy of any leformuiom provided by tae in ccamedem Midi my morop loan, indndim& but tat limlatd u4 Um me. etmp%ymeat, I ; A and loam aedbori agm ad nalkadoas. ittome tax reco m, and contracts and matbment sm mssam for the ab of otiwt p mwtkg 2) emaato•asy dotaasesa Ow titoald bwe been signed u•or belbte: tbe-closing; aaaaeoats mfr doeumeat 6ped at of before the daeirtg;'and am" dm Mbidt Mus iacorrecdy dratted and tipped u the dodo & induding her not Mailed to, correction motes, correction mattpsw sad odor wrrntion 3) faaaWa any dociaoaeats regained by, and oooply Mfdt ally oenditiom, work and/or certificates set fortb to t eatdws appreW mepon or firm nmmk mmt; 4) eaecom any addttiosol loam emad a and provide any addkiood iatoataatioa regairad by the Leader to UdUtm the Sale of the mongap into the mmadwy monpp mmrkeL i) I represent am aptee that all teiptest by Leader wid main the tail mopetadon of attd compliance by me wWb tins days of the emaking of the mquecth aed dw ottlipooas hVeaader's> I stnrine the clodnS. c) Tt is iSzdm ayeed that my itdtana to comply with the reprsmata*m sad apammab bueoaadw shalt comtaote a defsalt tandu die tote and mapp a suAW in oooescdon with t)de agmmut, and shall e+tale she Lender, its a ra or asdpe m any and dt Of the raaeediA avaitabk Upon detaatk under the acts =&or mortpp, including won of ddak iatterat, attorney's tees, costs and disbmsaaaasb. a6. R'QBBtS To TMS SdCUSM VOTftIION'Y' If one or mote tides us executed by Bowwwa and recorded topdter with this Seauky luttrmaent, the prmdm sad aveemeats of each are incorpasted u a pert of dds Sccwtty Insom est. lCheek sppttembk box(es)] -Adpotabb Rue Rider _ &Nmkly Payatent Rider CoadoatintatU Rider O damatasd Payment Rider _1-4 F mf? Rider Ord Unit Dovdopmeat Rider -„Race bap ovatuan Rider --Soeond Houle Aida V.A. Yoder .- -Other BY SIGMQ BEWW, Borrowers accept mad 'ayes to the promises and stramca contained in this Seewity Instrument and-in any rider(s) stped by tae and recorded with it. I ln? DCR& K. CCMP ,?"_ A W. WrMi L. CCHP 6K! 809PG3659 Doe 020520 - P M12 STATE OF VAM, l uH?!/?? Cpnncy a; On this -c dly of April . 2003 before me, the uadetdp*d. a Notary Public to and for odd County, pmopaNy apputed DONNA M. COMP. MWMXN L. COMP and adroowladpd tba execadon of the two otng bnmtaoeet. wrtwm my head and officW mL My Ctanmission Espb= Noary Pab6c He M. ? 1?iRe ei-•. t this to be recorded 1:• u,:iburlund County PA Recorder of Deeds 6N 1809PG3660 Ow 020521 - PAM I.1 ALL THAT CMMAIN TRACT OR LOT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMMUTAND COUNTY, PS 4gMVANIA, MORN PAILTICULAALX BOUNDED AND DESCRIBED AS FOLLOWS, TO WLI: BH(;D4 we ATA POMPON TBzNORi=N = OFTEAMOOD LANG, ATT'm LINE OF ADXXN ADB VM LOTNOS, 7S AND 74ON TPMRMMAFlF UMMOM PLAN OF LOTS; 726?4M ALONG SAM LMOF ALl[OL M N00tZ3i 11 DWRM 54 MW TLM WFST,10$7=70APOWATLO'I'Ma'. TXWMALGMLOrM& 64. NMTg77. 5 06IM11'8R LUT. 95 MUTO A.POWONIM LOG OF ADXAMBBTpVMNLl7tW*14AND'73;7BR4=AF:C &4M4=GRAAQGIM 90U78I2A84REESS4LlitllTMZAST,10SPFB7T0APO114 ORIMNOSMURN I= Op7UxWOD LAN& TBBNCBAL0NQTMVOKTMNLLNB OVTlAXV*OD LANE SOITLH 77 DEaRm 06MIIJf m wM, Its PERT 70 TUPOWANDW ACE OF BEGI,NIM BEING XNOWN AS LOT NO.74 AM FRUL PLANNO, I OF TREEMONT, AS RECORDED IN PLAN BOOL 34, PAGE 131. IN 71M CtWB%RLAND COUNTY RECORDER'S OFFIC.F, 8N 1809PG3661 Date: ZAWUO -- Marlin in L. Comp 1021 Teakwood Lane Enola, PA 17025 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 Wages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMA.P) may be able to he1P save your home. This notice explains how the Program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions,. representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIIVIIR SU HIPOTECA. /- 0, ( 7006 0100 0006 1477 6942 ?? g HOMEOWNER'S NAME(S): Donna M. Comp and Marlin L. Comp PROPERTY ADDRESS: 1021 Teakwood Lane, Enola, PA 17025 LOAN ACCT. NO.: 101802403 ORIGINAL LENDER: Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY CURRENT LENDER/SERVICER: Ocwen Loan Servicing, LLC LAW FIRM FILE NO.: 06-26445 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU 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 MST OCCUR WITHIN THE NEXT 4301 DAYS.IF YOU DO NOT APPLY FOR EMERGENCY EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresse§ and telephone numbers of designated consumer credit counseline agencies for the county in which the nronerty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME 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. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. f you have filed bankru tc you can still a p& for Emergency Mort a e Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 1021 Teakwood Lane, Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: October 1, 2004 to April 1, 2006 Other charges (explain/itemize): Late Charges: October 16, 2004 to Pre-Default Late Charges: Suspense Credit to Borrower: Non-Sufficient Funds Fees: Inspection Fees: Escrow Advances: TOTAL AMOUNT PAST DUE: @ $1.279.76 April 16, 2006 @ $54.11 $24,315.44 $1,028.09 $649.32 ($408.36) $60.00 $52.50 $3,209.88 = $28,906.87 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not a licable : 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 $28,906.87, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to: Ocwen Loan Servicing, LLC 12650 Ingenuity Drive Orlando, Florida 32826 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 rights tg accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged prop=. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to nay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Kreisman Address: 2520 Renaissance Blvd., Suite 150, King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Dana Zion, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 1126/2006 8:32:23 AM Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street 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 800.342.2397 Date: 6-11 7f?(0 Donna M. Comp 1021 Teakwood Lane Enola, PA 17025 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. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM.(HEMAPI may be able to help save your home. This notice explains how the program works. this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer. Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, You may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a, lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 7006 0100 0006 1477 6935 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: LAW FIRM FILE NO.: Donna M. Comp and Marlin L. Comp 1021 Teakwood Lane, Enola, PA 17025 101802403 Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY Ocwen Loan Servicing, LLC 06-26445 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 WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU 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 WST 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 agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME 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. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. f you have filed bankruptcy, you can still apply for Emergency Mort a e Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property . located at: 1021 Teakwood Lane, Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: October 1, 2004 to April 1, 2006 Other charges (explain/itemize): Late Charges: October 16, 2004 to Pre-Default Late Charges: Suspense Credit to Borrower: Non-Sufficient Funds Fees: Inspection Fees: Escrow Advances: TOTAL AMOUNT PAST DUE: @ $1,279.76 April 16, 2006 @ 54.11 $24,315.44 _ $1,028.09 $649.32 ($408.36) $60.00 $52.50 $3,209.88 $28,906.87 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not a licable : 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 $28,906.87, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Ocwen Loan Servicing, LLC 12650 Ingenuity Drive Orlando, Florida 32826 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgneed property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00..However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default ,within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, plus apy late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing_ by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Kreisman Address: 2520 Renaissance Blvd., Suite 150, King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Ilana Zion, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the .outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 1126/2006 8:32:23 AM Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Lingiestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.7803940 800.342.2397 9-I a? U -1 1 ? alaa I aoa6 1477 6935 7006 ? r 7D 0 z tP lit, b sC 'p? ?m i6 g (? S' K K 0 m o o_ t y +7' 6942 iP / • l r lit !?M .im N b a d K m w m C' -p - ---% ? N ? vo N Z a? 3 m m a a Q N ?i. N m a. m m m Plana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiffs verification could not be obtaiued within the time necessary to file this pleading, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S'. Sec..4904 relating to unsworn falsification to authorities. SHAPIRO & KREISMAN BY. Ilana Zion, ' e Attomey. for Plaintiff Dated.. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JPMORGAN CHASE BANK, ET. AL., CIVIL ACTION Plaintiff Case No.: 06-3031 Civil Term vs. DONNA M. COMP and MARLIN L. COMP, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $7,800.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yourick, , Esquire P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 E Xh; be 04 "E" VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. Frank E. Youtic J4, Esquire Attorney for Defe t(s) CERTIFICATE OF SERVICE I certify that on the 26th day of June, 2006, I served a copy of the Answer to Plaintiff's Complaint upon the following by US first class mail, postage prepaid: Ilana Zion, Esq. Shapiro & Kreisman, LLC 2520 Renaissance Blvd. Suite 150 King of Prussia, PA 19406 r Yourick, Jr. squire 5a- Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 SHAPIRO & KREISMAN, LLC BY: MEGAN D.H. SMITH, ESQUIRE ATTORNEY I.D. NO: 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 PLAINTIFF , VS. ' Donna M. Comp and Marlin L. Comp DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term PLAINTIFF'S REQUEST FOR ADMISSIONS ADDRESSED TO THE DEFENDANTS DONNA M. COMP AND MARLIN L. COMP Plaintiff, by its undersigned attorney, hereby serves the within Requests for Admissions upon Defendants above captioned pursuant to Pennsylvania Rule of Civil Procedure 4014(a). Each matter set forth herein after shall be deemed admitted unless you serve an answer or objection upon counsel for Plaintiff within thirty (30) days of the date of service hereof. You are requested to admit the following: Eo#4' bt *1 'T " " 1. Defendants are the same individuals who executed a Note to Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY on April 23, 2003 in the amount of $130,500.00. 2. Defendants are the same individuals who executed a Mortgage to secure the above stated Note on April 23, 2003 in the amount of 130,500.00. 3. The above mentioned Note is secured by a Mortgage on real property situated at 1021 Teakwood Lane, Enola, PA 17025. 4. Defendants failed to make the monthly mortgage payment due on October 1, 2004. 5. Defendants have failed to make each and every monthly mortgage payment due and owing from October 1, 2004 on the obligation, which is the subject of this foreclosure litigation. 6. By failing to make the mortgage payment due on October 1, 2004 and thereafter, Defendants are in default of their contractual obligation under the mortgage. 7. Defendants have not tendered monies sufficient to cure full mortgage arrears on the delinquent account. 8. The figures set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are correct and accurate. 9. The figures recited at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument. 10. The attorneys' fees as set forth in Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument. 11. The escrow advances are recoverable under the terms of the Mortgage instrument. 12. Defendants received Notice of Homeowners Emergency Assistance pursuant to Act 91 of 1983 on or about April 21, 2006, copies of which are attached to the Complaint in Mortgage Foreclosure as Exhibits. 13. The loan history attached hereto as Exhibit "A" is a true and accurate record of all payments made on the subject mortgage. 14. All payments made were properly credited on the loan history marked Exhibit "A" 15. Pursuant to the loan documentation, the interest rate is 9.34 % and thus interest accrues at a per diem rate of $33.11 for each day that the debt remains unpaid. 16. Pursuant to the loan documentation, late charges accrue at $54.11 per month for each month that the debt remains unpaid. SHAPIRO & KREISMAN, LLC BY: NkqAN DA. SMITH, E UIRE S & KREISMAN, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (Tel) (610) 278-6800 Date: 7 I v') 0 ? 06-26445 OCWEN Detail Transaction #NAME? TION --- #NAME? EFFECTIVE TIME RV TRN DESCRIPI NXT DUE/I REVERSE PRINCIPAL 4/7/2003 23:59:01 NLD Loan DisbI NL NewLoan S 130,500.00 4/7/2003 23:59:04 ESP Escrow Pa, NL Newl-oan S 130,500.00 5/23/2003 23:36:04 R Regular Pa 7/1/2003 130,433.62 6/24/2003 23:26:33 R Regular Pa 8/1/2003 130,366.72 6/27/2003 10:30:45 IVT Investor Pc O -66.9 6/27/2003 10:30:47 IVT Investor Pc 1 130,366.72 8/25/2003 12:28:40 EID Insurance 156 FORCED Ha 130,366.72 9/29/2003 12:10:41 ETD Tax Escrov 63 130,366.72 11/14/2003 13:05:28 EID Insurance 150 Hazard In. 130,366.72 12/23/2003 19:39:39 EIC Insurance 156 FORCED Ha 130,366.72 2/20/2004 23:59:01 AFB Forbearance Payment 130,366.72 2/20/2004 23:59:04 PAS Altplan Suspense Adj 130,366.72 2/20/2004 23:59:07 RMS Regular Mt 9/1/2003 130,299.30 2/20/2004 23:59:10 RMS Regular Mt 10/1/2003 130,231.35 2/20/2004 23:59:13 RMS Regular Mt 11/1/2003 130,162.87 4/21/2004 12:45:40 ETD Tax Escrov 39 130,162.87 4/22/2004 18:10:53 ** AFB Forbearance Payment 4/29/2004 130,162.87 4/22/2004 18:10:56 ** PAS Altplan Suspense Adj 4/29/2004 130,162.87 4/22/2004 18:17:11 ** RSP Regular/SF 12/1/2003 4/29/2004 130,093.86 4/29/2004 14:15:25 RV RSP Regular/SF 11/1/2003 130,162.87 4/29/2004 14:15:36 RV PAS Altplan Suspense Adj 130,162.87 4/29/2004 14:15:39 CB AFB Forbearance Payment 130,162.87 5/13/2004 18:32:03 AFB Forbearance Payment 130,162.87 5/13/2004 18:32:06 PAS Altplan Suspense Adj 130,162.87 5/13/2004 18:41:02 RSP Regular/SF 12/1/2003 130,093.86 8/24/2004 12:52:45 ETD Tax Escrov 63 130,093.86 8/25/2004 8:43:20 EID Insurance 150 Hazard In 130,093.86 12/10/2004 12:38:48 ETD Tax Escrov 39 130,093.86 1/26/2005 23:59:01 AFB Forbearance Payment 130,093.86 1/26/2005 23:59:04 PAS Altplan Suspense Adj 130,093.86 1/26/2005 23:59:07 RMS Regular Mt 1/1/2004 130,024.31 1/26/2005 23:59:10 RMS Regular Mt 2/1/2004 129,954.22 1/26/2005 23:59:13 RMS Regular Mt 3/1/2004 129,883.59 2/28/2005 21:39:09 AFB Forbearance Payment 129,883.59 2/28/2005 21:39:12 PAS Altplan Suspense Adj 129,883.59 2/28/2005 21:50:33 RSP Regular/SF 4/1/2004 129,812.41 4/15/2005 13:11:29 ETD Tax Escrov 39 129,812.41 4/25/2005 18:47:36 AFB Forbearance Payment 129,812.41 4/25/2005 18:47:39 PAS Altplan Suspense Adj 129,812.41 4/25/2005 18:53:33 RSP Regular/SF 5/1/2004 129,740.67 5/5/2005 18:59:12 AFB Forbearance Payment 129,740.67 5/5/2005 18:59:15 PAS Altplan Suspense Adj 129,740.67 5/5/2005 19:06:16 RSP Regular/SF 6/1/2004 129,668.37 6/8/2005 19:28:52 AFB Forbearance Payment 129,668.37 6/8/2005 19:28:55 PAS Altplan Suspense Adj 129,668.37 6/8/2005 19:44:59 RSP Regular/Sp 7/112004 129,595.51 6/15/2005 23:59:01 Icw Late Charge Waive 129,595.51 8/16/2005 11:45:09 ETD Tax Escrov 63 129,595.51 8/29/2005 8:43:00 EID Insurance I50 Hazard In 129,595.51 8/29/2005 21:29:22 AFB Forbearance Payment 129,595.51 8/29/2005 21:29:25 PAS Altplan Suspense Adj 129,595.51 8/29/2005 21:36:06 RSP Regular/Sp 8/1/2004 129,522.09 10/10/2005 20:29:37 ** AFB Forbearance Payment ### 129,522.09 10/10/2005 20:29:40 ** PAS Altplan Suspense Adj 129,522.09 10/10/2005 21:05:21 ** RSP Regular/SF 9/1/2004 #?## 129,448.09 10/13/2005 16:50:23 CB RSP Regular/Sp 8/1/2004 129,522.09 10/13/2005 16:50:30 RV PAS Altplan Suspense Adj 129,522.09 10/13/2005 16:50:33 CB AFB Forbearance Payment 129,522.09 12/15/2005 19:08:15 AFB Forbearance Payment 129,522.09 12/15/2005 19:08:18 PAS Altplan Suspense Adj 129,522.09 12/15/2005 19:17:53 RSP Regular/Sr 9/1/2004 129,448.09 12/28/2005 22:11:22 EXP Expense Payment 129,448.09 1/13/2006 18:45:21 AFB Forbearance Payment 129,448.09 1/13/2006 18:45:24 PAS Altplan Suspense Adj 129,448.09 1/1312006 18:54:29 RSP Regular/SG 10/1/2004 129,373.52 1/27/2006 18:25:25 ** AFB Forbearance Payment 2/l/2006 129,373.52 1/27/2006 18:25:28 ** PAS Altplan Suspense Adj 2/1/2006 129,373.52 1/27/2006 18:32:45 ** RSP Regular/SF 11/1/2004 2/1/2006 129,298.37 2/1/2006 18:23:13 CB RSP Regular/Sp 10/1/2004 129,373.52 2/112006 18:23:21 RV PAS Altplan Suspense Adj 129,373.52 2/1/2006 18:23:24 CB AFB Forbearance Payment 129,373.52 4/12/2006 9:48:45 ETD Tax Escrov 39 129,373.52 History Page 0 BALANCE TOTAL ----------- --?---?- APPLIED - --------- ----------- ESCROW AMTOUNT PRINCIPAL INTEREST ESCROW SUSPENS OTHER 0-130,500.00 -130,500.00 0 0 0 0 1,314.20 1,314.20 0 0 1,314.20 0 0 1,511.85 1,279.76 66.38 1,015.73 197.65 0 0 1,709.50 1,279.76 66.9 1,015.21 197.65 0 0 0 128,724.12 130,433.62 0 -1,709.50 0 0 1,709.50 -128,724.12 -130,433.62 0 1,709.50 0 0 604.5 -1,105.00 0 0 -1,105.00 0 0 -1,035.12 -1,639.62 0 0 -1,639.62 0 0 -1,399.12 -364 0 0 -364 0 0 -686.61 712.51 0 0 712.51 0 0 -686.61 3,840.00 0 0 0 3,840.00 0 -686.61 0 0 0 0 -3,840.00 3,840.00 -488.96 0 67.42 1,014.69 197.65 0 -1,279.76 -291.31 0 67.95 1,014.16 197.65 0 -1,279.76 -93.66 0 68.48 1,013.63 197.65 0 -1,279.76 -533.43 -439.77 0 0 -439.77 0 0 -533.43 1,335.00 0 0 0 1,335.00 0 -533.43 0 0 0 0 -1,335.00 1,335.00 -335.78 0 69.01 1,013.10 197.65 0 -1,279.76 -533.43 0 -69.01 -1,013.10 -197.65 0 1,279.76 -533.43 0 0 0 0 1,335.00 -1,335.00 -533.43 -1,335.00 0 0 0 -1,335.00 0 -533.43 1,335.00 0 0 0 1,335.00 0 -533.43 0 0 0 0 -1,335.00 1,335.00 -335.78 0 69.01 1,013.10 197.65 0 -1,279.76 -2,075.84 -1,740.06 0 0 -1,740.06 0 0 -2,500.84 -425 0 0 -425 0 0 -2,502.84 -2 0 0 -2 0 0 -2,502.84 4,000.00 0 0 0 4,000.00 0 -2,502.84 0 0 0 0 -4,000.00 4,000.00 -2,305.19 0 69.55 1,012.56 197.65 0 -1,279.76 -2,107.54 0 70.09 1,012.02 197.65 0 -1,279.76 -1,909.89 0 70.63 1,011.48 197.65 0 -1,279.76 -1,909.89 1,300.00 0 0 0 1,300.00 0 -1,909.89 0 0 0 0 -1,300.00 1,300.00 -1,712.24 0 71.18 1,010.93 197.65 0 -1,279.76 -2,161.29 -449.05 0 0 -449.05 0 0 -2,161.29 1,350.00 0 0 0 1,350.00 0 -2,161.29 0 0 0 0 -1,350.00 1,350.00 -1,963.64 0 71.74 1,010.37 197.65 0 -1,279.76 -1,963.64 1,300.00 0 0 0 1,300.00 0 -1,963.64 0 0 0 0 -1,300.00 1,300.00 -1,765.99 0 72.3 1,009.81. 197.65 0 -1,279.76 -1,765.99 1,300.00 0 0 0 1,300.00 0 -1,765.99 0 0 0 0 -1,300.00 1,300.00 -1,568.34 0 72.86 1,009.25 197.65 0 -1,279.76 -1,568.34 54.11 0 0 0 0 54.11 -3,345.83 -1,777.49 0 0 -1,777.49 0 0 -3,802.83 -457 0 0 -457 0 0 -3,802.83 1,300.00 0 0 0 1,300.00 0 -3,802.83 0 0 0 0 -1,300.00 1,300.00 -3,605.18 0 73.42 1,008.69 197.65 0 -1,279.76 -3,605.18 1,300.00 0 0 0 1,300.00 0 -3,605.18 0 0 0 0 -1,300.00 1,300.00 -3,407.53 0 74 1,008.11 197.65 0 -1,279.76 -3,605.18 0 -74 -1,008.11 -197.65 0 1,279.76 -3,605.18 0 0 0 0 1,300.00 -1,300.00 -3,605.18 -1,300.00 0 0 0 -1,300.00 0 -3,605.18 1,300.00 0 0 0 1,300.00 0 -3,605.18 0 0 0 0 -1,300.00 1,300.00 -3,407.53 0 74 1,008.11 197.65 0 -1,279.76 -3,407.53 111 0 0 0 0 111 -3,407.53 1,300.00 0 0 0 1,300.00 0 -3,407.53 0 0 0 0 -1,300.00 1,300.00 -3,209.88 0 74.57 1,007.54 197.65 0 -1,279.76 -3,209.88 1,300.00 0 0 0 1,300.00 0 -3,209.88 0 0 0 0 -1,300.00 1,300.00 -3,012.23 0 75.15 1,006.96 197.65 0 -1,279.76 -3,209.88 0 -75.15 -1,006.96 -197.65 0 1,279.76 -3,209.88 0 0 0 0 1,300.00 -1,300.00 -3,209.88 -1,300.00 0 0 0 -1,300.00 0 -3,687.75 -477.87 0 0 -477.87 0 0 SHAPIRO & KREISMAN, LLC BY: MEGAN D.H. SMITH, ESQUIRE ATTORNEY I.D. NO: 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 PLAINTIFF VS. ' Donna M. Comp and Marlin L. Comp DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term PLAINTIFFS REQUEST FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES ADDRESSED TO DEFENDANTS DONNA M. COMP AND MARLIN L. COMP TO: Donna M. Comp and Marlin L. Comp c/o Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 INSTRUCTIONS PLEASE TAKE NOTICE that you are hereby requested, pursuant to Pa. R.C.P. No. 4009, to produce the following, documents, writings, drawings, graphs, charts, photographs or other compilations of data or tangible items. The above items are to be produced for the purpose of inspecting, photographing and copying at the Office of Shapiro & Kreisman, LLC, 3600 Horizon Drive, Suite 150 - King of Prussia, PA 19406, on or before 1J S s 2006. Please follow these instructions and definitions in responding to these Requests for Production. Any word or term, which is not defined in these instructions shall have its usual and customary meaning. a. When, after a thorough and reasonable investigation, it is not possible to obtain the requested document, or any part thereof, because of a lack of information available to you, specify in full and complete detail the reason the information is not available to you and what has been done to locate such information. In addition, specify where you believe the requested information may be found. b. If you assert a privilege, work product doctrine, or decline to provide a requested document based on some objection, please indicate the nature of the asserted privilege and the basis for it. Also provide a description of the nature and subject of the information withheld and identify every person to whom the information or document was sent or every person present when the communication was made. C. "Plaintiff' means 7PMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2. For purposes of this set of Request for Production, "Defendants" mean Donna M. Comp and Marlin L. Comp. d. The pronoun "you" refers to the party or parties to whom these Requests for Production are addressed, the party's agents, representatives and, unless privileged, the party's attorney. Additionally, the pronoun "you" refers to each parent, predecessor, subsidiary, affiliate, and each present and former officer, employee, agent, representative, and attorney of a corporate or other business entity. e. "Document" means any writing of any kind, including written, recorded or graphic matter, however produced or reproduced. It includes all matters that relate to or refer to in whole or in part of the subject referred to in any Request. If a document has been prepared in several copies or if additional copies have been made and the copies are not identical (or by reason or subsequent modification by the addition or notations or other modifications, copies are no longer identical) each non-identical copy is a separate "document." The term "document" includes, but is not limited to correspondence, personal and inter-office memoranda, notes, diaries, log books, statistics, letters, telegrams, minutes, contract, reports, studies, check statements, returns, receipts, summaries, pamphlets, books, inter-office communications, notations or memoranda or conversations, bulletins, printed matter, computer printouts, teletypes, invoices, recordings, worksheets, and all drafts, alterations, modifications, changes and/or amendments or any of the foregoing. "Document" also refers to any data stored by computer or any computer-data storage system. f. "All documents" means every document as above defined known to you and every such document, which may be located or discovered by reasonable effort. g. The terms "possession," "custody," and "control" include the joint or several possessions, custody or control not only by the Defendants, but also by each and any person acting or purporting to act in concert with or on behalf of the Defendants whether as an agent, employee, attorney, accountant or otherwise. h. The word "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, or other units therein, and shall include without limitation a public or private corporation, partnership, joint venture, voluntary unincorporated association, organization, proprietorship, trust, state, government agency, commission, bureau or department. i. The term "communication" means any oral or written utterance, notation, or statement of any nature whatsoever between or among two or more persons, by or to whomever made, and including, without limitation, correspondence, documents, conversations, dialogues, discussions, interviews, consultations, agreements, and other understandings. j. If a Request or an aspect of these Requests appear ambiguous or if the Defendants need further clarification, the Defendants should contact the Plaintiffs counsel immediately at the address or phone number above to obtain a clarification. REQUEST FOR PRODUCTION If you deny that Defendants are the same individuals who executed a Note to Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY on April 23, 2003 in the amount of $130,500.00, attach any documentation which supports your denial. 2. If you deny that Defendants are the same individuals who executed a Mortgage to secure the above stated Note on April 23, 2003 in the amount of $130,500.00, attach any documentation which supports your denial. 3. If you deny that the above-mentioned Note is secured by a Mortgage on real property situated at 1021 Teakwood Lane, Enola, PA 17025, attach any documentation which supports your denial. 4. If you deny that Defendants failed to make the monthly mortgage payment due on October 1, 2004, attach any documentation which supports your denial. 5. If you deny that Defendants have failed to make each and every monthly mortgage payment due and owing from October 1, 2004 on the obligation which is the subject of this foreclosure litigation, attach any documentation which supports your denial. 6. If you deny that Defendants are in default of their contractual obligation under the mortgage by failing to make the mortgage payment due on October 1, 2004 and thereafter, attach any documentation which supports your denial. 7. If you deny that Defendants have not tendered monies sufficient to cure full mortgage arrears on the delinquent account, attach any documentation which supports your denial. 8. If you deny that the figures set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are correct and accurate, attach any documentation, which supports your denial. 9. If you deny that the figures recited at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument, attach any documentation, which supports your denial. 10. If you deny that the attorneys' fees as set forth in Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument, attach any documentation, which supports your denial. 11. If you deny that the escrow advances are recoverable under the terms of the Mortgage instrument, explain fully your basis and support the reasons for said denial. 12. If you deny that the escrow advances are recoverable under the terms of the Mortgage instrument, attach any documentation, which supports your denial. 13. If you deny that Defendants received Notice of Homeowners Emergency Assistance pursuant to Act 91 of 1983 on or about April 21, 2006, attach any documentation which supports your denial. 14. Copies of cancelled checks (front and back) or other evidence of monthly payment having been made to the Mortgagee / Plaintiff in this action since October 1, 2004. 15. Copies of cancelled checks (front and back) or other proofs of monthly payment, which Defendants allege were not properly credited to the subject account. 16. Copies of any and all documents upon which you rely in alleging that the total judgment amount as calculated by the Plaintiff in Paragraph 8 of thePlaintiff s Complaint is inaccurate or incorrect. 17. Copies of any and all, documents relating to the negotiation and/or performance of any alleged agreements between the Defendants and the Plaintiff, which is the subject of this litigation. 18. Copies of any and all documents that demonstrate that the Defendants have not been given full and proper credit for all payment made. 19. .. Copies of any -and all mortgage closing documents. - - 20. Copies of all documents identified in answers to interrogatories. 21. Copies of all documents that are alleged to establish that the Loan History attached as Exhibit "A" to the Request for Admissions fails to provide an accurate accounting of all payments made by Defendants. 22. Copies of all documents Defendants intend to introduce at the trial of this matter. SHAPIRO & KREISMAN, LLC BY: MEGAN D.H. SMITH, ESQUIRE ATTORNEY I.D. NO: 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the COURT OF COMMON PLEAS registered holder of the Home Equity Loan CUMBERLAND COUNTY Asset-Backed Certificates, Series 2003-2 PLAINTIFF VS. ; NO: 06-3031 Civil Term Donna M. Comp and Marlin L. Comp DEFENDANT(S) ; INTERROGATORIES TO: Donna M. Comp and Marlin L. Comp c/o Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 INSTRUCTIONS PLEASE TAKE NOTICE that you are hereby required, pursuant to Pa. R.C.P. No. 4005 and No. 4006, to serve upon the undersigned the original and a copy of your answers and objections, if any, in writing and under oath to the following Interrogatories within thirty (30) days after service hereof. The answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow as a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature, in accordance with the Pa. R.C.P. No. 4007.4, as amended. If between the time of filing your original answers to these Interrogatories and the time of trial in this matter, you or anyone acting on your behalf_learn of the existence of discoverable facts or the identity of persons expected to be called as witnesses at trial not disclosed in your answers, or if you or an expert witness obtain information upon the basis of which you or he know that an answer was incorrect when made, or know that an answer that was correct when made is no longer true, or if you obtain or learn of additional information requested, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath, including such information thereafter acquired, to the undersigned. Please follow the following instructions and definitions in answering this set of Interrogatories. Any word or term, which is not defined in these instructions shall have its usual and customary meaning. a. Each of these Interrogatories shall be answered separately and completely in writing in the space provided. Use additional sheets if the room provided is not sufficient. The answers shall be signed and verified by the person making them. Objections, if any, shall be signed by the attorney making them. b. Where knowledge or information in the possession of a party is requested, such a request includes knowledge of the party's agents, employees, servants, officers, directors, accountants, attorneys (unless privileged), or other persons acting or purporting to act on behalf of the party to whom these Interrogatories are addressed. C. When, after a thorough and reasonable investigation, it is not possible to answer an Interrogatory, or any part thereof, because of a lack of information available to you, specify in full and complete detail the reason the information is not available to you and what has been to done to locate such information. In addition, specify what knowledge or belief you have concerning the unanswered portion of the interrogatory and the facts upon which such knowledge or belief is based. d. Where an Interrogatory does not specifically request a particular fact, but where such facts are necessary to make the answer to the Interrogatory complete or comprehensible, please include such facts as part of the answer, and the Interrogatory shall be deemed specifically to request such facts. e. If you encounter an ambiguity in answering an Interrogatory, set forth the matter deemed ambiguous and the interpretation used in answering. f. If you assert a privilege, work product doctrine, or decline to answer an Interrogatory on some objection, please indicate the nature of the asserted privilege and the basis for it. Also provide a description of the nature and subject of the information withheld and identify every person to whom the information or document was sent or every person present when the communication was made. g. "Plaintiff' means JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2. "Defendants" mean Donna M. Comp and Marlin L. Comp. h. The pronoun "you" refers to the party or parties to whom these Interrogatories are addressed, the party's agents, representatives and, unless privileged, the party's attorney. Additionally, the pronoun "you" refers to each parent, predecessor, subsidiary, affiliate, and each present and former officer, employee, agent, representative, and attorney of a corporate or other business entity. "Document" means any writing of any kind, including written, recorded or graphic matter, however produced or reproduced. It includes all matters that relate to or refer to in whole or in part of the subject referred to in any Interrogatory. -If a document has been prepared in several copies or if additional • copies have been made and the copies are not identical (or by reason or subsequent modification by the addition or notations or other modifications, copies are no longer identical) each non-identical copy is a separate "document." The term "document" includes, but is not limited to correspondence, personal and inter-office memoranda, notes, diaries, log books, statistics, letters, telegrams, minutes, contract, reports, studies, check statements, returns, receipts, summaries, pamphlets, books, inter-office communications, notations or memoranda or conversations, bulletins, printed matter, computer printouts, teletypes, invoices, recordings, worksheets, and all drafts, alterations, modifications, changes and/or amendments or any of the foregoing. Document also refers to any data stored by computer or any computer-data storage system. j. "All documents" means every document as above defined known to you and every such document which may be located or discovered by reasonable effort. k. The terms "possession," "custody," or "control" include the joint or several possessions, custody or. control not only by the Defendants, but also by each and any person acting or purporting to act in concert with or on behalf of the Defendants whether as an agent, employee, attorney, accountant or otherwise. 1. The word "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, or other units therein, and shall include without limitation a public or private corporation, partnership, joint venture, voluntary unincorporated association, organization, proprietorship, trust, state, government agency, commission; bureau or department. • M. The term "communication" means any oral or written utterance, notation, or statement of any nature whatsoever between or among two or more persons, by or to whomever made, and including, without limitation, correspondence, documents, conversations, dialogues, discussions, interviews, consultations, agreements, and other understandings. n. The word "identify," or words of similar import, when used in reference to: 1. a natural individual, requires you to state his or her full name, and present Pr last known residential address, business address, and telephone number; 2. a corporation,. requires you to state its full corporate name, and any names under which it does business, its state of incorporation, the address and ' . . telephone number of its principle place of business, and the address and telephone number(s) of all of its officers; 3. a business other than a corporation, requires you to state its full name or style under which its business is conducted, and any names under which it does business, its business address, its telephone number(s), and the identity of the persons who own, operate and control the business and their addresses and telephone number(s). 4. a document, requires you to state its title, its date, the names of its authors and recipients, and its present or last known location and custodian, including any documents prepared subsequent to any time period. 5: a communication, requires you, if any part of the communication was . written, to identify the documents which refer to- or evidence the communication, ".if any part of the.-communication was -non-written, to • identify the person participating in or present during all or part of the communication, and describe the substance thereof. P. When an Interrogatory requires you to "describe," to "state the basis of," or to "state the facts" on which you rely to support your claim, contention, or allegation, state in your answer each and every fact and identify each and every communication or document which you contend supports, refers to, or evidences such claim, contention, or allegation. q. When an Interrogatory requires you otherwise to describe or state the facts, relating to any particular set of circumstances, act, event, transaction, occurrence, meeting, purchase, sale, agreement, contract, venture; relationship, conversation, representation; communication, or other item of information, indicate in your response the facts (including dates and places) which relate to such a transaction, occurrence, relationship, set of circumstances, etc. Also identify any persons who are or were parties thereto or have knowledge thereof and identify any communications and documents relating to such transaction, occurrence, relationship, set of circumstances, etc. T. If any Interrogatory, term or aspect of these Interrogatories appear ambiguous or if Defendants need further clarification, Defendants should contact Plaintiffs counsel immediately at the address or phone number above to obtain a clarification. 1. If you deny that Defendants are the same individuals who executed a Note to Mortgage Electronic Registration Systems, Inc., as nominee for FidelityMortgage, Inc. - NY on April 23, 2003 in the amount of $130,500.00, explain fully your basis and set forth the reasons for said denial. 2.. If you deny that Defendants are the same individuals who executed a Mortgage to secure the above stated Note on April 23, 2003 in the amount of $130,500.00, explain fully your basis and set forth the reasons for said denial. 3. If you deny that the above-mentioned Note is secured by a Mortgage on real property situated at 1021 Teakwood Lane, Enola, PA 17025, explain fully your basis and set forth the reasons for said denial. 4. If you deny that Defendants failed to make the monthly mortgage payment due on October 1, 2004, explain fully your basis and set forth the reasons for said denial. 5. If you deny that Defendants have failed to make each and every monthly mortgage payment due and owing from October 1, 2004 on the obligation which is the subject of this foreclosure litigation, explain fully your basis and set forth the reasons for said denial. 6. If you deny that Defendants are in default of their contractual obligation under the mortgage by failing to make the mortgage payment due on October 1, 2004 and thereafter, explain fully your basis and set. forth the reasons for said denial. 7. If you deny that Defendants have not tendered monies sufficient to cure full mortgage arrears on the delinquent account, explain fully your basis and set forth the reasons for said denial. 8. If you deny that the figures set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are correct and accurate, explain fully your basis and set forth the reasons for said denial. 9. If you deny that the figures recited at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument, explain fully your basis and set forth the reasons for said denial. 10. If you deny that the attorneys' fees as set forth in Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure are recoverable under the terms of the Mortgage instrument, explain,fully your basis and set forth the reasons for said denial. 11. If you deny that the escrow advances are recoverable under the terms of the Mortgage instrument, explain fully your basis and support the reasons for said denial. 12. If you deny that Defendants received Notice of Homeowners Emergency Assistance pursuant to Act 91 of 1983 on or about April 21, 2006, explain fully your basis and set forth the reasons for said denial. 13. Upon what facts, information and/or belief do you rely in alleging that the total amount due from Defendants to Plaintiff is different than set forth in the Complaint? 14. On what date was Defendants' application for financial assistance from the Pennsylvania Housing Finance Agency denied? 15. Upon what facts, information and/or belief do you rely in alleging that the Plaintiff is not entitled to the fees and costs set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure? . .. 16: ' Upon what facts, information and/or belief do you rely in alleging that the interest rate being charged 9.34% is excessive or unreasonable? 17. Upon what facts, information and/or belief do you rely in alleging that the attorneys' fees as set forth at Paragraph 8 of Plaintiffs Complaint in Mortgage Foreclosure in the amount of $1,500.00 are unreasonable or excessive? 18. Set forth each and every fact upon which Defendants base each separate or affirmative defense contained in Defendants' answer and attach hereto copies of all documents not set forth in answer to previous interrogatories, which are relevant or material to such defense. 19. Set forth the name, address, employer and position of employment of each and every person who has knowledge, whether personal or otherwise, of the facts set forth in Defendants' answer to the preceding interrogatory, together with a summary of the facts of which each such person has knowledge and the source thereof. 20. State whether the Mortgaged premises is personally occupied by Defendants. 21. State-whether there are any tenants in occupancy of the mortgage premises.' If so, with respect to each tenant, set forth the following: (a) the name and exact address of the tenant; (b) the date on which the tenancy commenced; (c) the terms thereof, including without limitation, the rental rate and lease period; (d)- if there is a written lease agreement, attach a copy hereto. 22. State whether Defendants acknowledge the assignment of said mortgage, note or bond by the original mortgagee directly or ultimately to Plaintiff. 23. State the name and address of the party to whom Defendants forwarded their mortgage payments. 24. State whether Defendants maintain that they have not been given full and proper credit for any payments made on account of the mortgage obligation in question. If so, with respect to each such payment, set forth the following: (a) the date on which such payment was allegedly made; (b) the amount thereof, (c) the form of payment (i.e. check or money order); (d) attach hereto copies of cancelled checks (Front and Back), including endorsements, money order receipts or other documents evidencing any such payment for which defendants allege it had not received proper and full credit. 25. State whether Defendants allege that they are entitled to any set-offs, credits or allowances other than as set forth in answers to previous interrogatories; and if so, specify same, including the amount, date and circumstance pursuant to which Defendants are so entitled. Attach hereto copies of documents which evidence any such set-off, credit or allowance. 26. Specify winch payments have not been made to Plaintiff by or on behalf of Defendants pursuant to the terms of the mortgage. obligation, including the date on which such payment was due and the amount of the installment. 27. State what amount, if any, is alleged by Defendants to be due and owing to Plaintiff pursuant to the mortgage obligation and set forth in detail the basis of Defendants calculation. 28. Set forth in detail all attempts by Defendants to bring current the mortgage held by,Plaintiff. Attach hereto copies of any and all documents; which related or refer-to any such r . . attempts. 29. If you deny that the Loan History attached as Exhibit "A" to the Request for Admissions provided an accurate accounting of all payments made by Defendants, explain fully the basis and reasons for said denial. 30. Set forth the name, address and contents of information possessed by all witnesses you intend to call at the trial of this matter. 31. Fully describe any documents which are being withheld from production pursuant to the attached request and the reasons why any such documents have been withheld. 32. Explain what investigation you have undertaken to determine what the principal balance of the loan is. 33. Explain what investigation you have undertaken to determine what the interest owing on the loan is. 34. Explain what investigation you have undertaken to determine what the late charges of the loan are. 35. Explain what investigation you have undertaken to determine what the escrow deficit of the loan is. 36. Explain what investigation you have undertaken to determine what the title search/report fees are. 37. Does the.Note contain a provision for late charges? If yes, explain why you deny the calculation of late charges in your Answer. 38. Identify all witnesses you intend to call at trial which, will present testimony to contradict the amounts claimed owed by Plaintiff. Also provide addresses and phone numbers for each witness and briefly describe the testimony to be presented by each witness. 39. List all exhibits you intend to introduce at trial which would support your denial of the amounts claimed by Plaintiff to be due and owing. Also, identify through whom you intend to introduce the exhibits. 40. Identify all expert witnesses you intend to call at trial in this matter who will testify as to the amounts owing on the loan. 41. ..Have you had, any accountants or other financial professional perform an analysis of the loan-to determine the amount owing. If yes, identify the person(s) and the-name and address for each. 42. List each date Defendants attempted to contact Plaintiff regarding tender of payments, the phone number dialed and the individual with whom Defendants spoke. SHAPIRO & KREISMAN, LLC BY. Mgn Smi ,Esquire Drive, Suite 150 King of Prussia, PA 19406 0(0 (610) 278-6800 Date: 06-26445 CERTIFICATE OF SERVICE I hereby certify that on the day of t? 2006, I served a copy of the foregoing Plaintiffs Request for Admissions and Request for Production of Documents and Interrogatories upon the following by certified mail: Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 SHAPIRO & KRREISMAN, LLC f?.. . BY. Me D. Smi quire SHAPIRO & KREISMAN, LLC ATTORNEYS AT LAW 3600 Horizon Drive, Suite 150, King of Prussia, Pennsylvania 19406 Tel: (610) 2784800, Fax: (610) 278-9980 August 16, 2006 Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 GERALD M. SHAPIRO Admixed in lllinoir and Florida Only DAVID S. KREISMAN Admixed in INWIS Only KEVIN DISKIN Managing Attorney DANIELLE BOYLE-EBERSOLE +* MEGAN D.H. SMITH + - LAUREN R. TABAS + n.ANA ZION + Also Llonued in New Jersey - Also uemsed In New York • Afro Lkomed In Mlddgan Re: JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 v. Donna M. and Marlin L. Comp Cumberland County No. 06-3031 Civil Term Our File No. 06-26445 Dear Mr. Yourick: My review of the file indicates you have failed to respond to Plaintiffs discovery requests, which were due by August 15, 2006. Thus, the time has expired for you to respond to Plaintiffs Request for Admissions, which are now deemed admitted in accordance with Pa. R.C.P. 4014(b). Kindly respond to Plaintiffs Interrogatories and Request for Production of Documents by August 28, 2006 or Plaintiff will take appropriate action. V D.$. Smith, Esquire IE X 64 110 115,114 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 PLAINTIFF V. Donna M. Comp and Marlin L. Comp DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term AFFIDAVIT OF Anna V. Jimenez-Rem STATE OF Florida: COUNTY OF Orange: Anna V. Jimenez-Reyes, being duly sworn (NAME OF CORPORATE OFFICER) according to law, deposes and says that: 1. Affiant is employed by Plaintiff as Foreclosure Facilitator and has personal knowledge of the facts set forth in this Affidavit. 2. In Affiant's capacity as Foreclosure Facilitator, Affiant has the responsibility for maintaining the files of Plaintiff with respect to Plaintiffs borrowers, including the above-named Defendants. 3. In the normal course of Plaintiffs business, Plaintiff maintains in its files the original or true copies of Defendants' Mortgage, Note, Assignments and correspondence to and from Defendants. Ex h; bil is NIt 4. In the ordinary course of its business, and in servicing mortgage loans, Plaintiff maintains a record of the history of its mortgage loans on computers into which employees of Plaintiff make entries of payments, disbursements and other appropriate transactions. Interest is calculated by computer software, which software is applied to all or substantially all of Plaintiffs borrowers, including Defendants. 5. On April 23, 2003, Defendants entered into a Mortgage Note in the principal amount of $130,500.00 in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY. 6. Also on April 23, 2003, Defendant entered into a Mortgage in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY which secured the indebtedness of the Note. 7. The real property subject to the Mortgage is located at 1021 Teakwood Lane, Enola, Pa 17025. 8. Subsequent to the execution of the subject Note and Mortgage, Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc. - NY assigned all of its interest in the foregoing property and documents, which interest now legally belongs to Plaintiff. The Assignment was duly recorded as noted in Plaintiffs Complaint in Mortgage Foreclosure and is a matter of public record. 9. Affiant is authorized to obtain a printed version of the data electronically maintained by Plaintiff for the subject mortgage loan account. Attached hereto and incorporated by reference is the payment history of the subject account. The Affiant has reviewed the history and, to the best of the Affiant's knowledge and belief, it is accurate and correct. 10. Defendants failed to make payment due on September 1, 2005 pursuant to the Note and Mortgage and thereafter have failed to make all payments on this obligation. 11. As of February 15, 2008 the amount due to Plaintiff pursuant to the aforementioned document is $170,948.54, which includes the following amounts: Principal of Mortgage Debt Due and Unpaid Interest at 9.34% per annum from August 1, 2005 to February 15, 2008 ($32.89 per diem) Late Charges Escrow Deficit Prior Payment Shortage Property Inspections Title Report Fee Appraisal Fees NSF Fees Satisfaction cost Suspense Credit Attorney's Fees and costs TOTAL $128,513.92 $30,199.11 $2,164.40 $6,825.56 $16.59 $115.50 $275.00 $886.00 $85.00 $27.00 ($55.24) $1,895.70 $170,948.54 12. The per diem interest rate is $32.89 for each day after February 15, 2008 that the debt remains unpaid until judgment. 13. The mortgage sought to be foreclosed herein is due for the September 1, 2005 payment and all subsequent payments. The dollar amount of the regular monthly payment is $1,279.76. At no time has Defendant tendered a sum sufficient to contractually cure the delinquency herein. 14. Pursuant to the Mortgage, Plaintiff is entitled to reasonable fees incurred in the collection and enforcement of the Note and Mortgage. 15. Despite demand Defendants have not paid the amount due. 16. By letter dated April 21, 2006, Plaintiff sent Notice of Homeowner Emergency Assistance to Defendants as required pursuant to Pennsylvania law. A true and correct copy of said Notice is attached to the Complaint as an Exhibit. SWORN TO AND SUBSCRIBED BEFORE ME THIS D "t DAY OFJ R4/) 2008. NOTARY PUBLIC NOWY 06-26445 add =EXPM rt6 OCWEN Transaction History Page 0 MSX-SHSC --Run Date/Time-- 01/22/2008 09:33 Detail ------------------------------------------------------------------------------------ ----------------------------------------------------------------------------------------- -------------------- LOAN#: 101802403 INVESTOR#: 2266 POOL#: 1 NEXT DUE DT:09/01/2005 INTEREST RATE: 9.34000 PRIN BAL: 128,513.92 BORR1: Donna M Comp ESC BAL: 6,825.56- BORR2: PROP: 1021 Teakwood Lane MAIL: 1021 Teakwood Lane Enola PA 17025 Enola PA 17025 ------------------------------------------------------------------------------------ ----------------------------------------------------------------------------------------- -------------------- —TRANSACTION --- - AFTER TRANS. BALANCES- TOTAL ------------------------------ APPLIED --------------- ------------------ EFFECTIVE TIME RV TRN DESCRIPTION NXT DUE/REF REVERSED PRINCIPAL ESCROW AMTOUNT PRINCIPAL INTEREST ESCROW SUSPENSE OTHER ------------------------------------------------------------------------------------ ----------------------------------------------------------------------------------------- -------------------- 04/07/2003 23:59:01 NLD Loan Disbursement NL NewLoan S 130,500.00 .00 130,500.00- 130,500.00- .00 .00 0.00 0.00 04/07/2003 23:59:04 ESP Escrow Payment NL NewLoan S 130,500.00 1,314.20 1,314.20 .00 .00 1,314.20 0.00 0.00 05/23/2003 23:36:04 R Regular Payment 07/01/2003 130,433.62 1,511.85 1,279.76 66.38 1,015.73 197.65 0.00 0.00 06/24/2003 23:26:33 R Regular Payment 08/01/2003 130,366.72 1,709.50 1,279.76 66.90 1,015.21 197.65 0.00 0.00 06/27/2003 10:30:45 IVT Investor Pool/Pool T O 66.90- .00 128,724.12 130,433.62 .00 1,709.50- 0.00 0.00 06/27/2003 10:30:47 IVT Investor Pool/Pool T I 130,366.72 1,709.50 128,724.12- 130,433.62- .00 1,709.50 0.00 0.00 08/25/2003 12:28:40 EID Insurance Escrow Dis 56 FORCED Ha 130,366.72 604.50 1,105.00- .00 .00 1,105.00- 0.00 0.00 09/29/2003 12:10:41 ETD Tax Escrow Disbursem 63 130,366.72 1,035.12- 1,639.62- .00 .00 1,639.62- 0.00 0.00 11/14/2003 13:05:28 EID Insurance Escrow Dis 50 Hazard In 130,366.72 1,399.12- 364.00- .00 .00 364.00- 0.00 0.00 12/23/2003 19:39:39 EIC Insurance Escrow Cre 56 FORCED Ha 130,366.72 686.61- 712.51 .00 .00 712.51 0.00 0.00 02/20/2004 23:59:01 AFB Forbearance Payment 130,366.72 686.61- 3,840.00 .00 .00 .00 3,840.00 0.00 02/20/2004 23:59:04 PAS Altplan Suspense Adj 130,366.72 686.61- .00 .00 .00 .00 3,840.00- 3,840.00 02/20/2004 23:59:07 RMS Regular Multiple/Spr 09/01/2003 130,299.30 488.96- .00 67.42 1,014.69 197.65 0.00 1,279.76- 02/20/2004 23:59:10 RMS Regular Multiple/Spr 10/01/2003 130,231.35 291.31- .00 67.95 1,014.16 197.65 0.00 1,279.76- 02/20/2004 23:59:13 RMS Regular Multiple/Spr 11/01/2003 130,162.87 93.66- .00 68.48 1,013.63 197.65 0.00 1,279.76- 04/21/2004 12:45:40 ETD Tax Escrow Disbursem 39 130,162.87 533.43- 439.77- .00 .00 439.77- 0.00 0.00 04/22/2004 18:10:53 ** AFB Forbearance Payment 04/29/2004 130,162.87 533.43- 1,335.00 .00 .00 .00 1,335.00 0.00 04/22/2004 18:10:56 ** PAS Altplan Suspense Adj 04/29/2004 130,162.87 533.43- .00 .00 .00 .00 1,335.00- 1,335.00 04/22/2004 18:17:11 ** RSP Regular/Spread 12/01/2003 04/29/2004 130,093.86 335.78- .00 69.01 1,013.10 197.65 0.00 1,279.76- 04/29/2004 14:15:25 RV RSP Regular/Spread 11/01/2003 130,162.87 533.43- .00 69.01- 1,013.10- 197.65- 0.00 1,279.76 04/29/2004 14:15:36 RV PAS Altplan Suspense Adj 130,162.87 533.43- .00 .00 .00 .00 1,335.00 1,335.00- 04/29/2004 14:15:39 CB AFB Forbearance Payment 130,162.87 533.43- 1,335.00- .00 .00 .00 1,335.00- 0.00 05/13/2004 18:32:03 AFB Forbearance Payment 130,162.87 533.43- 1,335.00 .00 .00 .00 1,335.00 0.00 05/13/2004 18:32:06 PAS Altplan Suspense Adj 130,162.87 533.43- .00 .00 .00 .00 1,335.00- 1,335.00 05/13/2004 18:41:02 RSP Regular/Spread 12/01/2003 130,093.86 335.78- .00 69.01 1,013.10 197.65 0.00 1,279.76- 08/24/2004 12:52:45 ETD Tax Escrow Disbursem 63 130,093.86 2,075.84- 1,740.06- .00 .00 1 ,740.06- 0.00 0.00 08/25/2004 08:43:20 EID Insurance Escrow Dis 50 Hazard in 130,093.86 2,500.84- 425.00- .00 .00 425.00- 0.00 0.00 12/10/2004 12:38:48 ETD Tax Escrow Disbursem 39 130,093.86 2,502.84- 2.00- .00 .00 2.00- 0.00 0.00 01/26/2005 23:59:01 AFB Forbearance Payment 130,093.86 2,502.84- 4,000.00 .00 .00 .00 4,000.00 0.00 01/26/2005 23:59:04 PAS Altplan Suspense Adj 130,093.86 2,502.84- .00 .00 .00 .00 4,000.00- 4,000.00 01/26/2005 23:59:07 RMS Regular Multiple/Spr 01/01/2004 130,024.31 2,305.19- .00 69.55 1,012.56 197.65 0.00 1,279.76- 01/26/2005 23:59:10 RMS Regular Multiple/Spr 02/01/2004 129,954.22 2,107.54- .00 70.09 1,012.02 197.65 0.00 1,279.76- 01/26/2005 23:59:13 RMS Regular Multiple/Spr 03/01/2004 129,883.59 1,909.89- .00 70.63 1,011.48 197.65 0.00 1,279.76- 02/28/2005 21:39:09 AFB Forbearance Payment 129,883.59 1,909.89- 1,300.00 .00 .00 .00 1,300.00 0.00 02/28/2005 21:39:12 PAS Altplan Suspense Adj 129,883.59 1,909.89- .00 .00 .00 .00 1,300.00- 1,300.00 02/28/2005 21:50:33 RSP Regular/Spread 04/01/2004 • 129,812.41 1,712.24- .00 71.18 1,010 .93 197.65 0.00 1,279.76- 04/15/2005 13:11:29 ETD Tax Escrow Disbursem 39 129,812.41 2,161.29- 449.05- .00 .00 449.05- 0.00 0.00 04/25/2005 18:47:36 AFB Forbearance Payment 129,812.41 2,161.29- 1,350.00 .00 .00 .00 1,350.00 0.00 04/25/2005 18:47:39 PAS Altplan Suspense Adj 129,812.41 2,161.29- .00 .00 .00 .00 1,350.00- 1,350.00 04/25/2005 18:53:33 RSP Regular/Spread 05/01/2004 129,740.67 1,963.64- .00 71.74 1,010 .37 197.65 0.00 1,279.76- 05/05/2005 18:59:12 AFB Forbearance Payment 129,740.67 1,963.64- 1,300.00 .00 .00 .00 1,300.00 0.00 05/05/2005 18:59:15 PAS Altplan Suspense Adj 129,740.67 1,963.64- .00 .00 .00 .00 1,300.00- 1,300.00 05/05/2005 19:06:16 RSP Regular/Spread 06/01/2004 129,668.37 1,765.99- .00 72.30 1,009.81 197.65 0.00 1,279.76- 06/08/2005 19:28:52 AFB Forbearance Payment 129,668.37 1,765.99- 1,300.00 .00 .00 .00 1,300.00 0.00 06/08/2005 19:28:55 PAS Altplan Suspense Adj 129,668.37 1,765.99- .00 .00 .00 .00 1,300.00- 1,300.00 06/08/2005 19:44:59 RSP Regular/Spread 07/01/2004 129,595.51 1,568.34- .00 72.86 1,009.25 197.65 0.00 1,279.76- 06/15/2005 23:59:01 lcw Late Charge Waive 129,595.51 1,568.34- 54.11 .00 .00 .00 0.00 54.11 08/16/2005 11:45:09 ETD Tax Escrow Disbursem 63 129,595.51 3,345.83- 1,777.49- .00 .00 1,777.49- 0.00 0.00 08/29/2005 08:43:00 EID Insurance Escrow Dis 50 Hazard In 129,595.51 3,802.83- 457.00- .00 .00 457.00- 0.00 0.00 08/29/2005 21:29:22 AFB Forbearance Payment 129,595.51 3,802.83- 1,300.00 .00 .00 .00 1,300.00 0.00 08/29/2005 21:29:25 PAS Altplan Suspense Adj 129,595.51 3,802.83- .00 .00 .00 .00 1,300.00- 1,300.00 08/29/2005 21:36:06 RSP Regular/Spread 08/01/2004 129,522.09 3,605.18- .00 73.42 1,008.69 197.65 0.00 1,279.76- 10/10/2005 20:29:37 ** AFB Forbearance Payment 10/13/2005 129,522.09 3,605.18- 1,300.00 .00 .00 .00 1,300.00 0.00 10/10/2005 20:29:40 ** PAS Altplan Suspense Adj 10/13/2005 129,522.09 3,605.18- .00 .00 .00 .00 1,300.00- 1,300.00 10/10/2005 21:05:21 ** RSP Regular/Spread 09/01/2004 10/13/2005 129,448.09 3,407.53- .00 74.00 1,008.11 197.65 0.00 1,279.76- 10/13/2005 16:50:23 CB RSP Regular/Spread 08/01/2004 129,522.09 3,605.18- .00 74.00- 1,008.11- 197.65- 0.00 1,279.76 10/13/2005 16:50:30 RV PAS Altplan Suspense Adj 129,522.09 3,605.18- .00 .00 .00 .00 1,300.00 1,300.00- 10/13/2005 16:50:33 CB AFB Forbearance Payment 129,522.09 3,605.18- 1,300.00- .00 .00 .00 1,300.00- 0.00 12/15/2005 19:08:15 AFB Forbearance Payment • 129,522.09 3,605.18- 1,300.00 .00 .00 .00 1,300.00 0.00 12/15/2005 19:08:18 PAS Altplan Suspense Adj 129,522.09 3,605.18- .00 .00 .00 .00 1,300.00- 1,300.00 12/15/2005 19:17:53 RSP Regular/Spread 09/01/2004 129,448.09 3,407.53- .00 74.00 1,008.11 197.65 0.00 1,279.76- 12/28/2005 22:11:22 EXP Expense Payment 129,448.09 3,407.53- 111.00 .00 .00 .00 0.00 111.00 01/13/2006 18:45:21 AFB Forbearance Payment 129,448.09 3,407.53- 1,300.00 .00 .00 .00 1,300.00 0.00 01/13/2006 18:45:24 PAS Altplan Suspense Adj 129,448.09 3,407.53- .00 .00 .00 .00 1,300.00- 1,300.00 01/13/2006 18:54:29 RSP Regular/Spread 10/01/2004 129,373.52 3,209.88- .00 74.57 1,007.54 197.65 0.00 1,279.76- 01/27/2006 18:25:25 ** AFB Forbearance Payment 02/01/2006 129,373.52 3,209.88- 1,300.00 .00 .00 .00 1,300.00 0.00 01/27/2006 18:25:28 ** PAS Altplan Suspense Adj 02/01/2006 129,373.52 3,209.88- .00 .00 .00 .00 1,300.00- 1,300.00 01/27/2006 18:32:45 ** RSP Regular/Spread 11/01/2004 02/01/2006 129,298.37 3,012.23- .00 75.15 1,006.96 197.65 0.00 1,279.76- 02/01/2006 18:23:13 CB RSP Regular/Spread 10/01/2004 129,373.52 3,209.88- .00 75.15- 1,006.96- 197.65- 0.00 1,279.76 02/01/2006 18:23:21 RV PAS Altplan Suspense Adj 129,373.52 3,209.88- .00 .00 .00 .00 1,300.00 1,300.00- 02/01/2006 18:23:24 CB AFB Forbearance Payment 129,373.52 3,209.88- 1,300.00- .00 .00 .00 1,300.00- 0.00 04/12/2006 09:48:45 ETD Tax Escrow Disbursem 39 129,373.52 3,687.75- 477.87- .00 .00 477.87- 0.00 0.00 08/15/2006 11:55:51 ETD Tax Escrow Disbursem 63 129,373.52 5,465.24- 1,777.49- .00 .00 1,777.49- 0.00 0.00 09/06/2006 13:11:32 EID Insurance Escrow Dis 50 Hazard In 129,373.52 5,937.24- 472.00- .00 .00 472.00- 0.00 0.00 01/19/2007 23:59:01 AFB Forbearance Payment 129,373.52 5,937.24- 5,500.00 .00 .00 .00 5,500.00 0.00 01/19/2007 23:59:04 PAS Altplan Suspense Adj 129,373.52 5,937.24- .00 .00 .00 .00 5,500.00- 5,500.00 01/19/2007 23:59:07 RMS Regular Multiple/Spr 11/01/2004 129,298.37 5,739.59- .00 75.15 1,006.96 197.65 0.00 1,279.76- 01/19/2007 23:59:10 RMS Regular Multiple/Spr 12/01/2004 129,222.63 5,541.94- .00 75.74 1,006.37 197.65 0.00 1,279.76- 01/19/2007 23:59:13 RMS Regular Multiple/Spr 01/01/2005 129,146.30 5,344.29- .00 76.33 1,005.78 197.65 0.00 1,279.76- 01/19/2007 23:59:16 RMS Regular Multiple/Spr 02/01/2005 129,069.38 5,146.64- .00 76.92 1,005.19 197.65 0.00 1,279.76- 01/30/2007 19:26:47 AFB Forbearance Payment 129,069.38 5,146.64- 1,335.00 .00 .00 .00 1,335.00 0.00 01/30/2007 19:26:50 PAS Altplan Suspense Adj 129,069.38 5,146.64- .00 .00 .00 .00 1,335.00- 1,335.00 01/30/2007 19:28:31 RSP Regular/Spread 03/01/2005 128,991.86 4,948.99- .00 77.52 1,004.59 197.65 0.00 1,279.76- 02/28/2007 20:31:38 AFB Forbearance Payment 128,991.86 4,948.99- 1,335.00 .00 .00 .00 1,335.00 0.00 02/28/2007 20:31:41 PAS Altplan Suspense Adj 128,991.86 4,948.99- .00 .00 .00 .00 1,335.00- 1,335.00 02/28/2007 20:32:17 RSP Regular/Spread 04/01/2005 128,913.74 4,751.34- .00 78.12 1,003.99 197.65 0.00 1,279.76- 03/23/2007 12:11:13 ETD Tax Escrow Disbursem 39 128,913.74 5,287.75- 536.41- .00 .00 536.41- 0.00 0.00 03/31/2007 18:39:58 AFB Forbearance Payment 128,913.74 5,287.75- 1,335.00 .00 .00 .00 1,335.00 0.00 03/31/2007 18:40:01 PAS Altplan Suspense Adj 128,913.74 5,287.75- .00 .00 .00 .00 1,335.00- 1,335.00 03/31/2007 18:42:32 RSP Regular/Spread 05/01/2005 128,835.01 5,090.10- .00 78.73 1,003.38 197.65 0.00 1,279.76- 05/25/2007 18:26:17 ** AFB Forbearance Payment 06/01/2007 128,835.01 51090.10- 1,335.00 .00 .00 .00 1,335.00 0.00 05/25/2007 18:26:20 ** PAS Altplan Suspense Adj 06/01/2007 128,835.01 5,090.10- .00 .00 .00 .00 1,335.00- 1,335.00 05/25/2007 18:30:42 ** RSP Regular/Spread 06/01/2005 06/01/2007 128,755.67 4,892.45- .00 79.34 1,002.77 197.65 0.00 1,279.76- 06/01/2007 14:29:04 RV RSP Regular/Spread 05/01/2005 128,835.01 5,090.10- .00 79.34- 1,002.77- 197.65- 0.00 1,279.76 06/01/2007 14:29:08 RV PAS Altplan Suspense Adj 128,835.01 5,090.10- .00 .00 .00 .00 1,335.00 1,335.00- 06/01/2007 14:29:11 CB AFB Forbearance Payment 128,835.01 5,090.10- 1,335.00- .00 .00 .00 1,335.00- 0.00 06/01/2007 14:29:17 RET Payment Returned 05/01/2005 128,835.01 5,090.10- 1,335.00 .00 .00 .00 0.00 1,335.00 06/11/2007 21:47:05 AFB Forbearance Payment 128,835.01 5,090.10- 2,670.00 .00 .00 .00 2,670.00 0.00 06/11/2007 21:47:08 PAS Altplan Suspense Adj 128,835.01 5,090.10- .00 .00 .00 .00 2,670.00- 2,670.00 06/11/2007 21:53:23 RMS Regular Multiple/Spr 06/01/2005 128,755.67 4,892.45- .00 79.34 1,002.77 197.65 0.00 1,279.76- 06/11/2007 21:53:26 RMS Regular Multiple/Spr 07/01/2005 128,675.71 4,694.80- .00 79.96 1,002.15 197.65 0.00 1,279.76- 06/11/2007 21:53:29 RMS Regular Multiple/Spr 08/01/2005 128,595.13 4,694.80- 16.59 80.58 1,001.53 .00 0.00 1,065.52- 06/11/2007 21:53:32 OAA Other Advance Adjust FB20 128,595.13 4,694.80- 16.59- .00 .00 .00 0.00 16.59- 06/25/2007 17:26:20 AFB Forbearance Payment 128,595.13 4,694.80- 1,335.00 .00 .00 .00 1,335.00 0.00 06/25/2007 17:26:23 + 128,595.13 4,694.80- 1,335.00- 1,335.00 06/25/2007 17:36:46 128,513.92 4,497.15- 0.00 1,279.76- 08/21/2007 11:28:59 128,513.92 6,345.56- 0.00 0.00 08/28/2007 15:54:20 128,513.92 6,825.56- 0.00 0.00 PAS Altplan Suspense Adj .00 .00 .00 .00 RSP Regular/Spread 09/01/2005 .00 81.21 1,000.90 ETD Tax Escrow Disbursem 63 1,848.41- .00 .00 EID Insurance Escrow Dis 50 Hazard In 480.00- .00 .00 197.65 1,848.41- 480.00- IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2, Plaintiff, NO: 06-3031 Civil Term V. Donna M. Comp and Marlin L. Comp, Defendant(s). BRIEF IN SUPPORT OF MOTION OF PLAINTIFF, JPMORGAN CHASE BANK, AS TRUSTEE FOR THE REGISTERED HOLDER OF THE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2003-2, FOR SUMMARY JUDGMENT SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 INTRODUCTION Plaintiff, JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 ("Plaintiff'), commenced this action seeking a judgment in Mortgage Foreclosure against Defendants, Donna M. Comp and Marlin L. Comp (hereinafter collectively referred to as "Defendants"), in an amount equal to the principal, interest, late charges, escrow advances, costs and attorneys' fees due pursuant to a mortgage given to secure the indebtedness of Defendants. There is no dispute concerning the existence of the obligation, the amount owed, or that the debt has not been paid in accordance with the terms of the Mortgage. Because there is no dispute as to any genuine issue of material fact, and because Plaintiff is entitled to judgment as a matter of law, Plaintiff respectfully requests that summary judgment be entered in Plaintiffs favor. PROCEDURAL HISTORY Plaintiff filed a Complaint in Mortgage Foreclosure (the "Complaint") with the CUMBERLAND County Prothonotary's Office on May 25, 2006 and Defendants filed an Answer to the Complaint on June 26, 2006. Plaintiff thereafter served discovery requests upon Defendants, and Defendants have failed to respond to said discovery. The pleadings and discovery have been completed, and all relevant factual issues have been resolved. Therefore, the matter is ripe for summary judgment and disposition of the motion will not delay trial. STATEMENT OF THE CASE On April 23, 2003, Defendants executed a mortgage note in the principal sum of $130,500.00 (the "Note"). On the same day, Defendants entered into a mortgage in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Mortgage, Inc., which secured the indebtedness of the Note (the "Mortgage"). The real property, which is subject to the Mortgage, is located at 1021 Teakwood Lane, Enola, PA 17025 (the "Mortgaged Premises"). Defendants failed to make the payment due on September 1, 2005, required pursuant to the Note and Mortgage, and thereafter have failed to make any payment on this obligation. Despite demand, Defendants have failed to make any further payments on account of the indebtedness to Plaintiff. The amount due and owing through February 15, 2008 under the foregoing agreements is $170,948.54. This includes a principal balance of $128,513.92 and interest at the rate of 9.34% per annum from August 1, 2005 through February 15, 2008, in the amount of $30,199.11 as well as late charges for that same period in the amount of $2,164.40, an escrow overdraft in the amount of $6,825.56, a suspense credit in the amount of $55.24, a property inspection fee in the amount of $115.50, a title report fee in the amount of $275.00, a BPO in the amount of $886.00, a returned check fee in the amount of $85.00, a satisfaction cost in the amount of $27.00, a prior payment shortage in the amount of $16.59 and attorneys' fees and costs of $1,895.70. After February 15, 2008, interest accrues at a per diem rate of $32.89 until judgment on mortgage foreclosure is entered. ARGUMENT I. THE EVIDENTIARY RECORD ESTABLISHES THAT THERE IS NO GENUINE ISSUE AS TO ANY MATERIAL FACT. A. Standard For Granting Summary Judgment. Summary judgment is governed by Rule 103 5.2, which provides, in pertinent part: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report. (2) if, after completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issue to be submitted to a jury. Pa. R.C.P. No. 1035.2. Since Rule 1035.2 was amended, the Pennsylvania Supreme Court provided guidance as to the new standard in Ertel v. Patriot News Co., 544 Pa. 93, 674 A.2d 1038 (1996). The court accepted the standard of review in motions for summary judgment as established by the United States Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), and Anderson v. Liberty Lobby, 477 U.S. 242 (1986). In these decisions, the Supreme Court stated that a non-moving party on a motion for summary judgment must produce sufficient evidence on an issue essential to its case and on which he bears the burden of proof such that a jury could return a verdict in his favor. The Pennsylvania Supreme Court in Ertel specifically stated that this standard is consistent with the amended rule 1035. Ertel at 101, 674 A.2d at 1042. This new standard places a burden on the non-moving party to come forward with evidence to defeat the motion. Even with the amendment to the rules, the purpose of summary judgment remains the same. According to the rules of procedure, summary judgment is properly granted where the pleadings, depositions, answers to interrogatories, admissions on file, together with affidavits show that "there is no genuine issue of any material fact as to a necessary element of the cause of action." Pa. R.C.P. No. 1035.2; see also, Marks v. Tasman and Benson, 527 Pa. 132, 589 A.2d 205 (1991); Citicorp Mortgage, Inc. v. Morrisville Hampton Village realty Limited Partnership, 443 Pa. Super. 595, 662 A.2d 1120 (1995). The function of the summary judgment is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no genuine issue of material fact is raised. Williams v. Pilgrim Life Insurance Co., 306 Pa. Super. 135, 461 A.2d 833 (1983). Another purpose is to avoid a useless trial. Dillon v. Nat'l R.R. Cora., 345 Pa. Super. 126, 136, 497 A.2d 1336, 1341 (1985). Summary judgment is also designed to pierce the pleadings and assess the proof to determine whether there is a genuine need for a trial. Phaff v. Gerner, 451 Pa. 146, 303 A.2d 826 (1973). Plaintiff has the burden of demonstrating that there is no genuine issue of material fact. Hower v. Whitmark Assoc., 371 Pa. Super.443, 381 A.2d 524 (1988); Carollo v. 48 Insulation, Inc., 252 Pa. Super. 422, 381 A.2d 990 (1977). Once such a showing is made, summary judgment is appropriate if an adverse party is unable to come forward with probative evidence which demonstrates that it is not liable to Plaintiff. Phaff v. Gerner, 541 Pa. 146, 303 A.2d 826 (1973). When the moving party make out a case for summary judgment, the adverse party may not claim that the averments of his pleading alone are sufficient to raise a genuine issue of fact so as to defeat the motion. The adverse party must set forth specific facts showing there is a genuine issue of fact for trial. Id. See, also, Pape v. Smith, 227 Pa. 80, 323 A.2d 856 (1974); Amabile v. Auto Kleen Car Wash, 249 Pa. 240, 376 A.2d 247 (1977). In this matter, Plaintiff respectfully submits that the evidentiary record in this matter establishes conclusively that the material facts are undisputed and, therefore, there is no issue for disposition by the finder of fact. B. The Admissions And Defective Denials In The Answer Remove Any Issues Of Fact. In this matter, the material facts of Plaintiffs cause of action are undisputed and, therefore, there is no triable issue for disposition by the finder of fact. The material facts are 4 undisputed because Defendants have admitted some and have failed to raise any material issue of fact in dispute that would preclude the entry of summary judgment. Defendants' Answer fails to plead any specific facts to support their denials. As a result, Defendants' Answer fails to plead with the requisite factual specificity required by Pa. R.C.P. 1029(a) and (b). Defendants' Answer, therefore, fails specifically to raise a genuine issue as to any material fact which would preclude entry of summary judgment in Plaintiffs favor. Additionally, Defendants only generally deny the allegation of default and demand proof of same. However, it is well settled that averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication; a general denial shall have the effect of an admission. Pa. R.C.P. No. 1029(b). Reliance on Pa. R.C.P. No. 1029(c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. Cercone v. Cercone, 254 Pa. Super. 381, 386 A.2d 1 (1978); Commonwealth by Preate v. Rainbow Associates, Inc., 138 Pa. Cmwlth. 56, 587 A.2d 357 (1991). Similarly, general denials or claims of insufficient knowledge and belief as to the truth of the mortgage debt due and owing are to be deemed admissions. As the court stated in New York Guardian Mortgage Corporation v. Dietzel, 362 Pa. Super. 426, 429, 524 A. 2d 951, 952 (1987) Appellants, in their answer to appellee's complaint, admitted that they were behind in their mortgage payments. Likewise, appellants' general denial that they are 'without information sufficient to form a belief as to the truth of appellee's averment as to the principal and interest due is to be considered an admission of those facts. Id. at 429, 524 A. 2d 952. See also, Cercone v. Cercone, 254 Pa. Super. 381, 386 A.2d 1 (1978). The Pennsylvania Superior Court "has held ... that, in mortgage foreclosure actions, general denials by mortgagors that they are without information sufficient to form a belief as to the truth of averments as to principal and interest owing must be considered an admission of those facts." First Wisconsin Trust Co. v. Strausser, 439 Pa. Super. 192, 653 A.2d 688 (1995). See also, New York Guardian Mortgage Corp. v. Dietzel, 362 Pa. Super. 426, 524 A.2d 951, 952 (1987). Therefore, under Pa. R.C.P. No. 1029(b), Defendants' general denial and demand for proof in response to Plaintiffs averment of default must be deemed a conclusive admission to that default. C. Defendants' Failure To Respond To Admission Requests Has Resulted In Those Facts Being Conclusively admitted. Moreover, on or about July 12, 2006, Plaintiff served Defendants with its First Set of Interrogatories and Request for Production of Documents, together with Plaintiffs Request for Admissions (hereinafter collectively referred to as "Plaintiffs Discovery"). The Interrogatories seek to elicit detailed factual reasons for any denials to the requested admissions, and the document requests required Defendants to produce copies of all documentation which would be supportive of such denials. Defendants failed to produce any document or file any response to Plaintiffs Discovery. Accordingly, Defendants have admitted all of Plaintiffs Request for Admissions. The Commonwealth Court of Pennsylvania has held that when a party fails to answer a Request for Admissions within the thirty (30) day period allowed by Pa. R.C.P. No. 4014 (b), or does not timely move the court for an extension of time to respond, the matters set forth in the request are deemed conclusively admitted for purposes of a motion for summary judgment. Poli v. South Union Township Sewage Authority, 56 Pa. Commw. 62, 424 A. 2d 568 (1981). In this case, the Request for Admissions, properly served on Defendant Donna M. Comp and Marlin L. Comp, requested Defendants to admit the substantive facts constituting grounds for entry of an in rem judgment in mortgage foreclosure against Defendants. Defendant's failure to deny or object to said Request, coupled with Plaintiffs Affidavit attached to the Motion, demonstrates that Plaintiff has met its burden. In support of its Motion for Summary Judgment, Plaintiff has provided the Affidavit of Jasmine Santiago, a Foreclosure Facilitator employed by Plaintiff. The Affidavit conclusively establishes (i) that Defendants defaulted on their loan and (ii) the current amount due pursuant to the loan documentation. The pleadings, exhibits thereto, Defendant's failure to file any document or response to Plaintiffs Discovery and Defendant's Admissions pursuant to Pa. R.C.P. No. 4014, together with Plaintiffs Affidavit of Amount Due and Loan History, clearly demonstrate that there is no genuine issue as to any material fact. Plaintiff therefore respectfully requests entry of summary judgment in its favor. II. PLAINTIFF IS ENTITLED TO ENTRY OF SUMMARY JUDGMENT IN ITS FAVOR AND AGAINST DEFENDANTS AS A MATTER OF LAW. The uncontroverted facts in this case establish all of the elements in a cause of action for mortgage foreclosure. "Summary judgment is properly granted in mortgage foreclosure actions where the mortgagor admits that he is delinquent in mortgage payments." First Wisconsin Trust Co. v. Strausser, 439 Pa. Super. 192, 653 A.2d 688 (1995), (citing New York Guardian Mortgage Corp. v. Dietzel, 362 Pa. Super. 426, 574 A.2d 951 (1987)). In contrast to Defendant's bare denials contained in their Answer, Plaintiff has established, through submission of the Loan Documents, Defendant's obligation to Plaintiff and the right of Plaintiff to recover the subject premises by foreclosure upon breach of that obligation. Thereafter, by virtue of Plaintiffs Affidavit of Amount Due and Loan History, Plaintiff has shown that Defendants have failed to make payment as required by the Loan Documents, as well as the total amount presently due from Defendants. Plaintiff therefore has met the burden of showing entitlement to summary judgment as a matter of law. The pleadings, exhibits thereto, together with Plaintiffs Affidavit of Amount Due and Loan History, clearly demonstrate that there is no genuine issue as to any material fact. Therefore, Plaintiff is entitled to summary judgment as a matter of law. CONCLUSION For the foregoing reasons, Plaintiff, JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2, respectfully requests that this Honorable Court grant its Motion for Summary Judgment and enter judgment of Mortgage Foreclosure in rem in its favor and against Defendants, Donna M. Comp and Marlin L. Comp, jointly and severally, in the amount of $170,948.54, authorizing sale of the mortgaged property, together with additional expenses and interest through the date of judgment and thereafter as provided by the Mortgage and applicable law, plus costs. y submitted, & KREISMAN, LLC Dated: Lauren R. Tabas, s Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 Plaintiff, V. Donna M. Comp and Marlin L. Comp Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term CERTIFICATE OF SERVICE Lauren R. Tabas, Esquire, attorney for Plaintiff, hereby certifies that true and correct copies of the foregoing Motion for Summary Judgment, Memorandum of Law and Affidavit in Support of same, together with any other documentation specifically referenced in the transmittal letter, were sent by first class mail, postage pre-paid, on J - '? -0j, to the following party as listed below: Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 & KREISMAN, LLC R. Tabas, Esquire _? (?"i ? ? 1 ?? ^;-? { ,; f ..? ? -C Y SHAPIRO & DeNARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQUIRE ATTORNEY I.D. NO: 81747 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 PLAINTIFF V. Donna M. Comp and Marlin L. Comp DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term PRAECIPE TO PLACE ON ARGUMENT LIST PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: Kindly place Plaintiffs Motion For Summary Judgment in the above entitled Mortgage Foreclosure action on the Oral Argument list. SHAPIRO & DeNARDO, LLC BY: Danielle Boyle-Ebersole, Esquire Attorney for Plaintiff I ,-» SHAPIRO & DeNARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQUIRE ATTORNEY I.D. NO: 81747 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 PLAINTIFF V. Donna M. Comp and Marlin L. Comp DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 Civil Term CERTIFICATION OF SERVICE I, Danielle Boyle-Ebersole, Esquire, Counsel for Plaintiff, hereby certify that on 9 'p) 6 -0 r , a true and correct copy of the attached Praecipe for Argument was served by mailed same by regular mail, postage prepaid, to: Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 SHAPIRO & DeNARDO, LLC BY: Danielle Boyle-Ebersole, Esquire Attorney for Plaintiff ?-., r..a r ??` c^ `'s i (? ;-{ 1I a"5 -- t ,a,::? ? 1 ;...?? * ? • JPMORGAN CHASE BANK, AS TRUSTEE FOR THE REGISTERED HOLDER OF THE : HOME EQUITY LOAN ASSET-BACKED: CERTIFICATES, SERIES 2003-2, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA M. COMP AND MARLIN L. COMP, DEFENDANTS 06-3031 CIVIL TERM ORDER OF COURT AND NOW, this MX-S. day of December, 2008, upon the motion of JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 for summary judgment against Donna M. Comp and Marlin L. Comp, IT IS ORDERED that summary judgment in mortgage foreclosure is entered in favor of plaintiff JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 and against defendants, Donna M. Comp and Marlin L. Comp, jointly and severally, in the amount of $170,948.54, and assessed as follows: Principal of Mortgage Debt Due and Unpaid Interest at 9:34% per annum from August 1, 2005 to February 15, 2008 ($32.89 per diem) Late Charges Escrow Deficit Prior Payment Shortage Property Inspections Title Report Fee Appraisal Fees NSF Fees Satisfaction cost Suspension Credit Attorney's Fees and costs TOTAL $128,513.92 $30,199.11 $2,164.40 $6,825.56 $16.59 $115.50 $275.00 $886.00 $85.00 $27.00 ($55.24) $1,895.70 $170,948.54 It is further ordered that interest is added to this judgment at the loan rate of $32.89 per diem from February 15, 2008 together with expenses allowable in accordance with the terms of the mortgage and loan documents. By CoV - Danielle Boyle-Ebersole, Esquire For Plaintiff A Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 For Defendant :sal l:p ? fc.S rr+?? l?V P Edgar B. Bayley, J ?-- i`- -=? r- _- = ? _ -? <... ?: ?_ ---F ?= ?'-' ?. a t ?_.t ?-= G] ; inc. Lt_, { ? C«J ._? CV C..1 SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-26445 JPMorgan Chase Bank, as Trustee for the registered holder of the Home Equity Loan Asset-Backed Certificates, Series 2003-2 ; PLAINTIFF VS. ' ; COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3031 CIVIL TERM Donna M. Comp and Marlin L. Comp DEFENDANT(S) PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DENARDO, LLC BY: "-4w, Ilana Zion, Esquir Attorney for Plainti DATED: 101 CERTIFICATE OF SERVICE I, Ilana Zion, Esquire, hereby certify that on I served a true and correct copy of the within Praecipe to Settle, Discontinue and End upon the following parties via first class mail, postage prepaid: Donna M. Comp 1021 Teakwood Lane Enola, PA 17025 Marlin L. Comp 1021 Teakwood Lane Enola, PA 17025 SHAPIRO & DENARDO, LLC * kx A BY: %64A Ilana Zion, Esquire Attorney for Plainti :" max. l(i