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Home My WebLink About06-3051 J. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 135468 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004-05 7105 CORPORATE DRNE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (;~- 605/ ~ CUMBERLAND COUNTY v. DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, PA 17241 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA TlON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 135468 File #: 135468 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR TIlE CERTIFICATEHOLDERS OF CWABS 2004-05 7105 CORPORATE DRNE PLANO, TX 75024 2. The name(s) and last known addressees) of the Defendant(s) are: DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, P A 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/23/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in Mortgage Book: 1850, Page: 3002. PLAINTIFF is now the legal owner of the mortgage and is in the process offormalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/03/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 135468 6. The following amounts are due on the mortgage: Principal Balance Interest 10/03/2005 through OS/25/2006 (Per Diem $22.71) Attomey's Fees Cumulative Late Charges 12/23/2003 10 OS/25/2006 Cost of Suit and Title Search Subtotal $120,428.54 5,336.85 1,250.00 280.00 $ 550.00 $ 127,845.39 Escrow Credit Deficit Subtotal TOTAL 0.00 323.17 $ 323.17 $ 128,168.56 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in mn Judgment against the Defendant(s) in the sum of $ 128,168.56, together with interest from OS/25/2006 at the rate of$22,71 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP F ~. /'l ~J~,. By: {s!Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 135468 LEGAL DESCRIPTION ALL that certain lot of ground, together with the improvements erected thereon, located in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING on the North side of the Steelstown Road, which point is eight hundred eighty-three (883) feet East ofthe Western line between the fann now or formerly of Wayne M. Hoover and Danylu Hoover, husband and wife, and property now or formerly of Irvin Sheaffer and which point is further in the Eastern line of a lane leading North from the Steelstown Road; thence Eastwardly along the North side of the Steelstown Road, one hundred forty (140) feet to a point; thence Northwardly by a line parallel to said lane, two hundred (200) feet; thence Westwardly by the line parallel to the Steelstown Road, one hundred forty (140) feet to a point on the East side of said lane; thence Southwardly along the East side of said lane; thence Southwardly along the East side of said lane, two hundred (200) feet to the place of BEGINNING. BEING the same premises which Byron G. Sterling (also known as Byron G. Sterling, Jr.) and Dorthe I. Sterling, husband and wife, by their Deed dated June 15, 1996 and recorded June 17, 1996 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 140, Page 1163, granted and conveyed unto G. William Hemminger, ill and Joyce G. Hemminger, husband and wife, Grantors herein. PARCEL NO. 30-07-0485-014 PROPERTY BEING: 317 STEELSTOWN ROAD File #: 135468 VRRTFTCATTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~JkL FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 5/ ~C;;/ ora f ( ~t~ ..., .. ~~J ~':j 5~~ 't-"- ~ o ~ ~ ,.::\ ......' c:":) "" .,.. ::K )>-.. -<: N Q"') \ l ( :2 ~ "'" -=" ~ ~..,., f1"\r::: ""0\1:'., :p<:f '.::-3(.? .-;-,..\\ ;~~~? l~'~ -"~ 5i :-<; Ul '0$) ; ~ BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004-05, Plaintiff v. DENNIS R. DOPORCYK and STEPHANIE L. DOPORCYK, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3051 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf ofthe defendant, Dennis R. Doporcyk in the above captioned case, Date: July 20, 2006 By: I, Esquire J '. BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004-05, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006-3051 CIVIL TERM DENNIS R. DOPORCYK and STEPHANIE L. DOPORCYK, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE i I, Marcus A. McKnight, Ill, Esquire, hereby certify that a copy of attached document was , served upon the following by depositing a true and correct copy of the same in the Unitetl States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Francis S. Halinan, Esq. Phelan, Hallinan & Schmieg, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 IRWIN & McKNIGHT By: Date: July 20, 2006 """'. ^,.-:. \~.,i o -:'! -" f") (J', :.:n .--' -r: \^\'\ '-' BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004-05, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006-3051 CIVIL TERM DENNIS R. DOPORCYK and STEPHANIE L. DOPORCYK, Defendants CIVIL ACTION. LAW ANSWER TO COMPLAINT AND NOW, this .2!. day of July 2006, comes the Plaintiff, Dennis R. Doporcyk and Stephanie L. Doporcyk, by their attorneys, Irwin & McKnight, and makes the following Answer to the Complaint of Plaintiff: 1. The averments of fact contained in paragraph one (I) of the Complaint are admitted. 2. The averments of fact contained in paragraph two (2) of the Complaint are admitted. 3. The averments of fact contained in paragraph three (3) of the Complaint are admitted. 4. The averments of fact contained in paragraph four (4) of the Complaint are admitted. 1 5. The Defendant is without information to know whether and to what degree the mortgage is in default. Therefore, the averments of fact contained in paragraph five (5) of the Complaint are denied and proof thereof is demanded. 6. The Defendant is without information to know whether and to what degree the mortgage is in default. Therefore, the averments of fact contained in paragraph six (6) of the Complaint are denied and proof thereof is demanded, 7. The award of attorney fees is without merit. Therefore, the averments of fact contained in paragraph seven (7) of the Complaint are denied. 8. The averments of fact contained in paragraph eight (8) of the Complaint are admitted in part and denied in part. It is admitted that the Defendants have not yet met with Pennsylvania Housing Finance Agency or a consumer credit counseling agency, but they do intend to do so. 9. The averments of fact contained in paragraph nine (9) of the Complaint are conclusions of law to which a response is not required. 2 WHEREFORE, the Plaintiffs, Dennis R Doporcyk and Stephanie L. Doporcyk request that the Complaint of the Defendant be dismissed with costs and interest to the Defendants. Respectfully submitted, IRWIN & McKNIGHT By: Marcus 60 West omfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court lD. No. 25476 Attorney for the Defendants Date: Jv~ aO,,,2oo b 3 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Dtbi~ DateJvLy .:lO, 02 00(., 4 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ADS 2004-05, Plaintiff v. NO. 2006-3051 CIVIL TERM DENNIS R. DOPORCYK and STEPHANIE L. DOPORCYK, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, Ill, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Francis S. Halinan, Esq. Phelan, Hallinan & Schmieg, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 IRWIN & McKNIGHT By: Date: J,1.1 ,;)4 J oo{, 5 ,-- r'"_' ;.2 ~~:l CJ " (-.,.... -n c ::~ Ii'; !"" ~, 0 (;) --.j r',"J .< ..' .,. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS DOPORCYK DENNIS R ET AL VALERIE WEARY - ,- - -- -- ~- Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DOPORCYK DENNIS R the , at 1909:00 HOURS, on the 13th day of June DEFENDANT at 317 STEELSTOWN ROAD NEWVILLE, PA 17241 , 2006 by handing to DENNIS DOPORCYK a true and attested copy of COMPLAINT - MORT FORE together with - - - -- - -- and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.92 .00 10.00 .00 35.927 1-/t A)(" t}- Sworn and Subscibed to before me this day of So Answers: a -?/ /~ :j;iY?" >>G~~f ~J R. Thomas Kline 06/14/2006 PHELAN HALLINAN SCHMIEG By: Dee~:erf:/ ,- - ,- ...... - .- A.D. " " SHERIFF'S RETURN - REGULAR CASE NO: 2006-03051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS DOPORCYK DENNIS R ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of says, the within COMPLAINT - MORT FORE was served upon - - - ...... - - - Cumberland County, Pennsylvania, who being duly sworn according to law, DOPORCYK STEPHANIE L the , at 1700:00 HOURS, on the 13th day of June DEFENDANT at 40 GRAHMA ROAD NEWVILLE, PA 17241 JOYCE HEMMINGER, MOTHER , 2006 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 7.92 .00 10.00 .00 23.92/ Cfrvv- 7 /f1/ /)f" Sworn and Subscibed to before me this day of - - ,- ...... - -- So Answers: _-:~::r"'.(2/.// ,r . f'" ...J..:,,:~::~,:~~~,,-:'.:'-;:i":'~:'":..:f-,j:,.. //.r: t~ ~r,r:~~.',;~~~r::-tf' '.. R. Thomas Kline 06/14/2006 PHELAN HALLINAN SCHMIEG By: r~. I/~ Deputy Sheriff A.D. - - - ....... - - - PRAF.CWF. FOR TJSTTNG CASF. FOR ARGTTMF.NT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. -------------------------------------------------------------------------------------------------------------------...- Bank Of New York, As Trustee For The Certificateholders Of CW ABS 2004-05 7105 Corporate Drive Piano, TX 75024 Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Dennis R. Doporcyk Stephanie L. Doporcyk 317 Steelstown Road Newville, P A 17241 Defendants : No. 06-3051 CIVIL 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Address: Robert Lieberman, Esquire 500 North 3rd Street, lih Floor P.O. Box 1004 Harrisburg, P A 17108-1004 (b) for defendant: Marcus A. McKnight, III, Esquire Address: 60 West Pomfret Street Carlisle, P A 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. Date: q .}~Il>\, 4. Argument Court Date: o <;"; "':'.O"~ ~ c;.? Cf" o C) ---' \ .r;- ~ -4 ~-n '''E. -o~ -2\~~\ ~';~ ~,:.;.. 3Jf\ "::::\ .'(;>' ~~ C? N .s::- .. ' .. . PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Bank Of New York, As Trustee For The Certificateholders Of CW ABS 2004-05 7105 Corporate Drive Piano, TX 75024 Plaintiff : Court of Common Pleas : Civil Division vs. : Cumberland County Dennis R. Doporcyk Stephanie L. Doporcyk 317 Steelstown Road Newville, PA 17241 Defendants : No. 06-3051 CIVIL CF:RTTFTCA TTON OF SF:RVTCF: I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support thereof, Praecipe for Argument, Order, Certification of Service, and Attached Exhibits were sent via first class mail to the persons on the date listed below: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PAl 7013 Je . e . Davey, Esq orney for Plaintiff Date: ~bl. ~ {',-:.:'> ,.,,-. o c"j --' \ ;;:- o "'f\ --:1 :3- -r'I ,11. r:' ::() '!;: '~~({ .,....--1.; ":].~ :~\ -0- "1J :z C? f') ::;.~. PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 015) 563-7000 Attorney for Plaintiff Bank Of New York, As Trustee For The Certificateholders Of CW ABS 2004-05 7105 Corporate Drive Piano, TX 75024 Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Dennis R. Doporcyk Stephanie L. Doporcyk 317 Steelstown Road Newville, P A 17241 Defendants No. 06-3051 CML MOTION FOR SlTMM A RY .rrmGMRNT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendants, Dennis R. Doporcyk and Stephanie L. Doporcyk, have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In their Answer, Defendants generally deny paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendants' Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 5. Defendants have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiffs Complaint. 6. Defendants admitted in paragraph three of their Answer that they executed the Mortgage t and that the Mortgage has been assigned to Plaintiff. True and correct copies of the Mortgage and Note are attached hereto, made part hereof, and marked Exhibits A and AI, respectively. 7. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1850, Page 3002, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit AI. 8. By Assignment of Mortgage recorded September 5, 2006, the Mortgage was assigned to Bank of New York As Trustee For The Certificateholders ofCW ABS 2004-05, which Assignment is recorded in Assignment of Mortgage Book No. 0730, Page 0663. A true and correct copy of the Assignment to Bank of New York As Trustee For The Certificateholders of CW ABS 2004-05 is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 9. The Mortgage is due for the November 3, 2005 payment, a period in excess often months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 10. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiffs intent to foreclose. True and correct copies of the letters are attached hereto, made part hereof, and marked Exhibit E. II. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with an authorized credit- counseling agency in accordance with Plaintiffs written notice to Defendants. True and correct copies of the Notice of Homeowner's Emergency Mortgage Assistance Program are attached hereto, made part hereof, and marked Exhibit E. 12. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for Sheriffs Sale, and ensuring I the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief 13. Defendants have the right to reinstate and / or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property . Date: 9 \),\u~ \ ' " ,,~,~ ."",..,,"'<" ". ' T;~,;~~~:'\,tr~ti.V~'l:IT{~".1'~ ; " ?^',':~~:,:'U"'{":;L'.: EXHIBIT A "",'~.-",,",,,,,,,,,,,.'""'.~r'_,-':"','.~,'~ ,"" -. ''''"''''''t~~''''f,:" ~,,,., , . It~;1 CGrI!iy ll:&llills Is a buo ami CQIT&:;t cop, ollha Qiialnall!ocUll1eI1t After Recording Return To: Decision One Mortgage Company, LLC 6060 J.A. JoneS Drive, Suite 1000 Charlotte, North Carolina 28287 [Space Above This Line For Recording Data] Loan Number 2030031271530 MIN: '100077910001477732 MORTGAGE DEFINITIONS Words us~ in multiple sections of this document are defined below and other words are defined in Sections 3, II, 13, 18, 20 and 21.' Certain rules regarding the usage of words used in this document arc also provided in Section 16. (A) "Security Instrument" means this document, which is dated DECEMBER 23, 2003, together with all . Riders to this,document. (B) "Borrower" is DENNIS R DOPORCYK and STEPHANIE L DQPORCYK husband' and wife. Borrower is the mortgagor under this Security Instrument. , (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagce'under this Security Instrument. MERS is organized and existing under the laws,of Pel aware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is Decision One Mortgage Company, LLC. Lender is a LIMITED LIABILITY COMPANY organized and existing .under the laws of NOR1'H CAROLINA, Lender's address is 6060.J.A. JONES DRIVE, SUITE 1000, CHARLOTTE, NORTH CAROLINA 28281. . (E) "Note" means the promissory note signed by Borrower and dated DECEMBER 23,2003. The Note-states that Borrower owes Lender ONE IiUNDRED TWENTY-TWO THOUSAND EIGHT HilNDRED FIFTY. AND 00/100ths Dollars (U.S',$122,850.00) plus interest. Borrower has promised to pay this debt. in regular Periodic Payments and to pay the debt in full not later than JANUARY 3, 2034. . (F) '''Properly" means the property that is described below under the heading .~~sfer of Rights in the Propeny. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. , . PENNSYLV"'NIA.Si~gle Family-FaMle MaelFreddle Mac UNIFORM INSTRUMENT Form,3639 1/01 (page J of 14 pag,es) 11111111111111111 m!lIlIllIl!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~ 11m 11m 111II m 11m . - o Second Horne Rid<;r 1XI Other(s) Floor Rate Rider I. ~tL/ (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and. administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Commuility Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a' condominium association, homeowners association or similar organization. ' (Kl "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument. which is initiated through an electronic tenninal. telephonic instrument. computer. or magnetic tape so as to order, instruct, or authorize a financial institution to <<;Iebit or credit an account. Such term includes, but is not liJ;I1ited to, point-of-sale transfers. automated teller machine transactions. transfers initiated by telephone. wire transfers, and automated clearinghouse transfers. (Ll "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous 'Proceeds" means any compensation, settlement, award of damages. or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to. or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (Iii) conveyance in lieu of. condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of. or default on. the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (iil any amounts under Section 3 of this Security Instrument. (P) "RESPA" meanS, the Real Estate Settlement Procedures Act (12 U.S.C. n60l et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500). as they might be amended from time to,time. or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument. "RESPA" refers to all requirements and restrictions that are imposed in regard to a ' "federally related mortgage loan" even if the Loan does not qualify as a '"federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property. whether or not tl;1at party has assumed Borrower's obligations under the Note and/or this Security Instrument. (II) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: IX! Adjustable Rate Rider 0 Condominium Rider OBalloon Rider o Planned Unit Development Rider o IA Family Rider OBiweekly ~ayment Rider TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan. and all renewals. extensions and modifications of the Note; and Oi) the performance of Borrower's covenaJ.1lS and agreements under,this Security Instrument 'and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following.described property located in the County of CUMBERLAND IType of Recording Jurisdiction] [Name of Re<:ordlng Jurisdiction] SEE ATTACHED SCHEDULE "A" PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mae UNIFORMINSfRUMENT Form 3039 1/01 Qlage 2 of 14 pages) . e Tax Parcel Identification Number: 30-07-0485"{)14 which currently has the address of 317 STEELSTOWN ROAD [Street] NEWVILLE , Pennsylvania 17241 ("Propeny Address"): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements. appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agr~ that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interest.!;. including, but not limited ~o. the right to foreclose and sell the Property; and t9 take any action required of Len~er including. but not limited to. releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed .and has the right to mo]:tgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrow.er warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT ~ombines uniform. covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrowt;r shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or'this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (1I) cash; (b) money order; (c) certified check. bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when rece!ved at the location designated in the Note or. at such other location as may be designated by Lender ill accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring theLo~n current., Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice. to its rights to refuse sucq payment or partial payments in the future, but Lender is not obligated to apply such payments at the time 'such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds, PENNSYLVANIA-Single Family-Fannie Mae/freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 3 of J4'pages) . 'e Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower ,does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have no)\' or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or perfonning the covenants and agreements secured by this Security Instrument. 2. Appli~ation of Payments or Proceeds. Except as otherwise described in this Section 2, all.payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce.the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent l?eriodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late l;harge. If more than one Periodic Payment is outstanding, Lender may apply !I11y payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day.Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien ,or encumbrance on the Property; (b) leasehold payments or. ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums' payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, ,and Assessments, if any, be escrowed by Borrower, and such dues. fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. ,Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as' Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a cQvenant and agreement contained in this Security Instrument, as the phrase "cOvenant and 'agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender'any such amount. Lende, may revoke the waiver as to any or all Escrow Items at any time by a noticc'given in accordance with Section 15 and, upon such revocatio~, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amotint (a) sufficient to pennit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximull1 amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Ite,ms or otherwise in accordance with Applicable Law. PENNSYLVANtA-Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 4 of 14 pages) . - The F!lnds shaH be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including, Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items. unless Lender pays Borrower interest' on the Funds and Applicable Law pennits Lender to make such a charge, Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give.to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA. Lender shaH account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds'held in escrow, as defined under RESPA,Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more thari 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA. but in no more than 12 monthly payments. Upon payment in full of all sums secured by this,Security InStrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions,attributable to the Pr.operty which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property. if any, and Conununity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items. Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performin'g such agreement; (b) contests the lien in good faith by. or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending. but only unm such proceedings are concluded; or (c) secures froni the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines thai any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Wit,hin 10 days of the date ,on which that notice is given, Borrower shall satisfy the lien or, take one or more of the actions .set forth above in this Section 4. Lender may require Borrower to pay a one.time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tenn "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender . requires. What Lender requires pursu'ant to the preceding sentences can change during the term of-lhe Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to, disapprove Borrower's choice, which'right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone detel'lJlination', certification. and tracking services; or (b) a one-time charge for flood zone detennination and' certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such detennination or certification. BQrrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone detennination resulting from an objection by Borrower. PENNSYLVANIA-Single Family-Fannie MaelFreddie Mae UNIFORM INSTRUMENT Form 3039 1/01 (page 5 of 14 pages) . - If Borrower fails to maintain any of the coverages described above. Lender may obtain insurance coverage, at Lender's option and Borrower's expense, Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to 'Borrower requesting payment. . All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the fight to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing.or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such 'proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with th.e excess, if any, paid to Borrower, Such insurance proceeds shall be applied, in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate l\lld settle any available insurance claim and related mafters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the N'ote or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the ,Property as Borrower's principal residence within 60 days after the execution of this Security Instrul)lent and shall contiilUe to occupy I-he Properly as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otl1erwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. PENNSYLV ANtA-Single Family-Fannie MaelFreddle Mac UNtFORM INSTRuMENT Form 3039 1/01 (page 6 of 14 pages) 'e . 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain thi; Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. . Unless it is detennined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or, condemnation .proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condenmation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and iqspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such ~asonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate infonnation or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under thls'Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Len~er's interest in the Prqperty and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate. for condenmation or forfeiture, for enforcement of a lien which may allain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lt:nder may do and ,pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums,secured by a lien which has priority over this Security Instrument; (b) appeariqg in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but'is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no lia~ility for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured' by this Security Instrument. These amounts shall bear interest at the Note rate from' the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger'in writing. PENNSYLVANIA-Single Family-Fannle MaolFreddie Mac UNIFORM'lNSTRUMENT Form 3039 1/01 (page 7 of 14 pages) e e 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required 'by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantia\1y equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separ.ately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundabie, nOlwithstandingthe fact that the Loan is ultimately paid in fu\1. and Lender shall not be required to ,pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available. is obtained, and Lender requires separately designated payments toward the premiumS fQr Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan anq Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to mail).tain Mortgage Insurance in effect, or to provide'a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such tennination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. . Mortgl!ge Insurance reimburses Lender (or any entity. that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time. and'may enter into agreements with other parties that share or mOdity their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory' to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtaine,d from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate. of any of the foregoing, may receive (directiy or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer. the arrangement is often tenned "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other tcrms of the Loan. Such agreements will not increase the amo~nt Borrower will owe Cor Mortgage Insurance, and they will not entitle }lorrower to any refund. (b) Any such agreements will not affect the rights Borrower bas . if any - with respect to the Mortgage Insurance under tbe Homeowners Protection Act of 1998 01' any other law. These rights may include the right to receive certain disclosures, to request and obtai!! cancellation, of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a reCund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. PENNSYLVANIA-Singte Family-Fannie MaelFrcddle Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 8 of 14 pages) e - If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security Is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until ,Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest 10 be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessen~, the Miscellaneous Proceeds shall be applied to the slims secured by this Security Instrument, whether or not ,then due, with the excess. if any, paid to Borrower. Such Miscellaneous Proceeds shaH be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value.of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, jf any, paid to Borrower. In the event of a partial taking, destl1Jction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partiai taking, destruction. or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by, the fOllowing (raction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance'shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the {air market value of the Property immediately before the partial talcing. destruction. or loss in value is less uian the amount of the sums secured ,immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellancous Procee4s shall be applied to the sums secured by this Se~urity Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by, Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect .and apply the MiscelhineouS ,Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regllfd to Miscellaneous Proceeds. Borrower shall be in default if arty action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture.of the Property or other material impairment' of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment. precludes forfeiture of the Property or other material impairment of Lender's interest in the Propeny or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that-are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INsTRUMENT Form 3039 1/01 (page 9 of 14 pages) . - 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amonization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amonization of the sums secured by this -Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the e.~ercis~ of any right or remedy. 13. Joint and Several Liability; Co-signersj Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. l;Iowev.er, any Borrower who co-signs this Security Instrument but does not execute the Note (a 'co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant. and convey the co-signer's interest in the Property under the terms 'of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any acconunodations with regard to the tenns of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved ,by Lender, shall obtain all of BorroWer's, rights, and' benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release ill writing. The covellants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfonned in cOMection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property Inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fe'e. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in coMection, with the Loan exceed the pennilted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded pennitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note Or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a . waiver of any right of action Borrower might have arising out of such overcharge. IS. Notices. All notices given by Borrower or Lender in connection witb this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if Sent by other meanS. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shan be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's.change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one PENNSYLVANIA-Single Family-Fannie MaelFreddle Mae UNIFORM INSTRUMENT Form 3039 1/01 (page 10 of 14 pages) .' - designated notice address under this Security InstrulIJent at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not 'be deemed to have been given to Lender until actually received by Lender. If any notice required by, this Security Instrument is also required under Applicable Law, the Applicable L;iw requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicaple Law might explicitly or implicitly allQW the parties to agree by contract or it might be silent..but such silence shall not be construed as 'a' prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be ,given effect without the conflicting provision. As . used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion'without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18. "Interest in the Property" means any legal or beneficial interest in the Property. including, but not limited to, those beneficial interests transferred in a, bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all ,sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke 3I)Y remedies pennitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (iI) five days before sale of the Property pur~uant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument. including, but not limited to. reasonabie attorneys' fees, property inspection and valuation fees. and other fees incurred for the purpose of protecting Lender's interest in'the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borr,ower pay such reinstatement sums and expenses in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order: (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrume!lt and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However. this right to reinstate shall not apply in the case 'of acceleration under Section 18. PENNSYLVANIA.Single Family-Fannie MaelFreddle Mac UNIFoRM INSTRUMENT Form 3039 1/01 (page J J of 14 pages) . e 20. Sale of Note; Change of Loan Servlcer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior ,notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sl!,le of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than, the purchaser of the Note. the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer . or be transferred to a successor Loan Servicer and' are not assumed by the Note purchaser unless otherwise provided ~y the Note purchaser. . Neither Borrower nor Lender may commence, join, or b~ joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice 'to take cprrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to CUfe given ,to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shail be deemed to satisfy the notice an~ opportunity to take corrective action provisions of this Section 20. . 21. Hazardous Substances. As used in this Section 21.: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Enviromnental Law and the following substances: gasoline, kerosene. other flammable or toxic petroleum prOljucts, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where tlie Property is located that rei at!: to. health, safety or environmental protection; (c) "Environmental Cleanup. includes any response action, remedial action, or removal action, as 'defined In Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. . Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affe~ting the Property (a) that Is In violation of any Environmental Law, (b) which creates an Enviromnental Condition, or (c) which, due to the.presence, use, ,or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small 'quantities of Hazardous Substances that are generally recognized to be appropriate to nonna! residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused, by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notlf\ed by any govenunenlal or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting, the Property is necessary, Borrower shall promptly take all ,necessary remedial actions in accordance with Envirorunental Law. Nothing herein sha1l9reate any obligation on Lende~ for an Environmental Cleanup. PENNSYLVANIA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 12 of 14 pages) . - NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Accderation; Remedies. Lender shall give notice to, Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acc~eration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the,default as specified may result in acceleratio!1 of the sums secl,lred by this Security Instrument, foreclosure by judicial proceeding and ~le of the Property. Lender shall . further inform Borrower of the right to reinstate after acceleration and the right to assert in, the foreclosure proceeding tbe non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If tQe default is not cured as specified,. Lender at its option may require inune4iate payment in full of all sums secured by this Security Iw!trument without further demand and !Uay foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurrec:l in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrenCe, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for' releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower. to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sherifrs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosUre shall be the rate payable from time to time under the Note. PENNSVL~ANIA'SingJc Family-Fannie Mae/Freddle Mae UNIFO~ INSTRUMENT Form 3039 1/01 (pose 13 of 14 poses) . - BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained ,in this Security Instrument and in any Rider executed by Borrower and recorded with it. :v;;~ /~"cIU (Seal) -Borrower 1 < ~ I' . I ..-. /J,7Cl D) I/)f)f{. I' H:J-i)o-)I.r..< ..... Seal) ~PHANm L DOPORCYK / tl -Ilotrowcr (Seal) (Seal) -Borrower -BOrr01Nef STATE OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) ! On this, the ,~.3 ~v( day of becefl'\.~ , d.DU 3 . before me, the.undersigned offlcer, personalty appeared DENNIS R DOPORCYK and STEPHANIE L DOPORCYK husband and wife . lCnown to me (or satisfactorily 'proven)' to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed the SjlJlle for the purposes therein contained. ._" , ' :;'1 Inwitness whereof, I hereunto set my hand and official, . J2~ <.",.\:.'(~~a1) , /,. .1.A... (.\.. ,/ "r ,"','-..- - "j" TiUe of Officer . , ;' . .MY Commission Expires: I .' Typed or printed name: ey Ann Fa he. No Public J M' C . County , , V ommlssfon expIres Apr. 14,2005 . ,.,CERTIFICATE OF RESIDENCE T, do here~rMff; QrNolaries address of the within-named lender is 6060 J.A. JONES DRIVE, SUITE 1000, CHARLO CAROLINA 28287, witness my hand this day of Agent of Lender. PENNSYLVANIA-Single FamilY-Fannie MaeIFr.eddle Mae UNJlIORM INSTRUMENT Form 3039 1/01 (julge 14 0114 pages) e . - Loan Number 2030031271530 ADJUSTABLE RATE RIDER (LIBOR Index - Rate 'Caps) THIS ADJUSTABLE RATE RIDER is made this 23RD day of DECEMBER, 2003, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed ,of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure the Borrower's Note to DECISION ONE MORTGAGE COMPANY, LLC (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 317 STEELSTOWN ROAD, NEWVILLE. PENNSYLVANIA 17241 [property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the .covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rale of 6.79%. The Note provides for changes in the interest rate and the monthly payments, as follows: . 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 3RD day of JANUARY, 2007, and on that day every sixth month thereafter: Each date on which my interest rate could change is called' a "Change Date. " (B) The Index Beginning with the first Change Date, my inlerest rate will be based on an Index. The "Index. is the average of interbank offered rates for six-monfh U.S. dollar-denominated' deposits in the London market ("UBOR "), as published in 'the Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index. " If the Index is no longer available. the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX AND 54/100THS percentage points (6.54%) to the Current Index. The Note Holder will then round the result of this atldition t9 the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in, substantially equal payments. The result of this calculation will be the new amount of my monthly payment. MtlLTISTA TE AD1USTABLE RA Tl! RIC>l!R (LIIlOR Ind..,-Sm81e Famllr-Ft<ddJ< M"IJNlfORM ItI$TR\,1MENr v.... 3191 1/01 (ptl,. J of 3 paltf) . e (D) Limits on Interest Rate Changes The interest rate I am required to pay at tbe first Cbange Date will not be greater than 9.79% or less than 6.79%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than.ONE per~ntage point (1 %) from the rate of interest Ibave been paying for the preceding six months. My interest rate will n,,\ver be greater than 12.79%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on tbe first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest ratl; and the amount of my monthly' payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to. those beneficial interests transferred in a bond for deed, contract for deed. installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if a Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. J.,.ender may require immediate payment in full of all sUmS secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender a1so'shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably detennines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this ~ecurity Instrument is acceptable to Lender. To the extent pennitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under tire Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require inunediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less .than 30 days from the date the notice is given in accordance with Section 15 within which Borrower lJIl!st pay all sums secured by this Secljrity Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. MULTISTATE ADJUSTABLE RATE ~IDER (L1BOR Index)..Stnglc F~i1Y-F"d4l.M"t1NIFOR1oIINSTRIJ!llEi'n' Fo.... 3191 1/01 (page 2 0/1 fHJ''') . e BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate R,ider. (Seal) ...Borrower .s:Jrl'l )/111.11 (; .' ll:::~(~.o(. I CJ {~ (Seal) ;'STEPH NIE L DOPORCYK f I .Borrower (Seal) -Borrower . MULTtSTAT!!: ADJUSTABLE RAT!!: RIDER (LIBOR Inde')-Sil1&le Family-friddle MacllNll'ORM INSTll1JMEtrr r_ 3191 IJOI (pa,. 3 0/3 pa,...) . -- Loan Number 2030031271530 FLOOR RATE RlDER TO SECURITY INSTRUMENT (For 6-Month LffiOR, 2-Year LmOR, and 3-Year LmOR ARM Loan Program Disclosures) THIS FLOOR RATE RIDER is made this 23RD day of DECEMBER, 2003, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to Decision One Mortgage Company, LLC (the "Lender") of the same date and ~overing the property described in the Security Instrument and located at: 317 STEELSTOWN ROAD, NEWVILLE, PENNSYLVANIA 17241 [propertY Address] AMENDMENT TO SECURITY INSTRUMENT 1. Section 4.(D) under Additional Covenant A. of the Adjustable.R;lte Rider to the Security Instrument is amended to read and Qe as follows: (0) Limits on Int~est Rate Changes The interest rate I am required to pay at the first Change Dat~ will not be greater than 9.79% or less than 6.79%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.00%) from the rate of interest I have been paying for the preceding six months. My yearly interest rate will never be greater than a maximum rate of 12.79%, or a minimum, qr floor, rate of 6.79%. 2. In the event that the Note is .ever sold, assigned or transferred to the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, this Floor Rate Rider and expressly its amended provisions with respect to estilblishing a minimum, or floor rate, shall ~ereupon terminate and shall be of no further force and effect. Any such termination of this Floor Rate Rider shall be effective as of the first Change Date to occur after the date of any such sale, assignment or transfer, and thereupon and thereafter the Note shall be in full force and effect in accordance with its original terms as set out in Section 4.(D) of the Note as if this Floor Rate Rider had never been incorporated into or amended the Adjustable Rate Rider. to the Security Instrument. BY SIGNING BELOW, Borrower acknowledges and agrees to the terms contained in this FI90r Rate Rider, (I -=-~._ ,1 i . ' ~/) I. c...-) V : (t:.,-\.~j? ..' . 20'1... .(,--' ..' (Seal) DENNIS R DOPORCYK . ! -Borrower /( ji .... , /' ~tr nlutn Ll) . . l-':'(.i?f.:(') pi......,.. (Sear) llTEPHAmL DOPORCYK (I '_J 'Borrower (Seal) -Borrower . e Conestoga Title Insurance Company Commitment Numb~r: 2003110054AM* SCHEDULE C PROPERTY DESCRIPTION The land referred to In this Commitment is described as follows: ALL that certain lot of ground, together wlth the improvements erected thereon, located in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: . BEGINNING on the North side of the Steelstown Road, which point Is eight hundred eighty three (883) feet East of the western line between the farm now or formerly of Wayne M. Hoover and Danylu Hoover, husband and wife. and property now or formerly of Irvin Sheaffer and which point Is further In the Easiern line of a lane leading North from the Steelstown Road; thence Eastwardly along the North side of the Steelstown Road, one hundred forty (140) feet to a point; thence Northwardly by a line parallel to said lane, two hundred (200) feet; thence Westwardly by the line parallel to the Steelstown Road, one hundred forty (140) feet to a point on the East side of said lane; thence Southwardly along the East side of said lane, two hu7ndred (200) feet to the place of BEGINNING. .. Parcel # 30-07-0485-014 ALTA Commitment Schedule C (2003110054AM.PFD/2003110054AM115) -- '-"'"'-"""~--'T-_'C_:"".=;'C"':'.'_""-'CC-'---'-'- ',1'.,.-...~. ,." EXHIBIT At . Loan NIJer2030031271530 AD.&T ABLE RATE NOTE TRUE AND CERTIFIED COg,t /. . (LIBOR Index. Rate Caps) . (~tJJ.& )31 \?' TffiS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREsT RATE AND MY MONTHLY PAYMENT. TInS NOTE LIl\.fiTS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. DECEMBER 23 [Date] ,2003 CAMP HILL [City) , PENNSYL VANIA (State) 317 STEELSTOWN ROAD, NEWVILLE, PENNSYLVANIA 17241 (Ptopeny Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $122,850.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Decision One Mortgage Company, LLC. I will.make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is caUed the "Note Holder." 2. lNTEREST Interest will be charged on unpaid principal until the full amount of Principal has beep paid. I will pay interest at a yearly rate of 6.79%. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. J will make my monthly payments on the 3RD day of each month beginning on FEBRUARY 3, 2004. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on JANUARY 3, 2034, I still owe amounts under this Note, I will pay those amounts in full on that date, which is.called the "Maturity Date. . 1 will make my monthly payments at 6060 J.A. Jones Drive, Suite 1000, Charlotte, North Carolina 28287 or at a different place if required by the Note Holder. (8) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $800.08, This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder wilI determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Not<t. 4. INTEREST RATE AND MONTHL Y PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 3RD day of JANUARY. 2007 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a 'Change -Date. " (8) The Index Beginning with the first Change Date, my interest rate will be based 'On an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Inde/( figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index. " If the Index is no longer available, the Note Holder wiIJ choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. . (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate 'by adding SIX AND 541100mS percentage points (6.54%) to the Current Index. The Note Holder will then round the result of this addition lo the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate unlil the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments, The result of this calculation will be the n~w amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.79% or less than 6.79%. Thereafter, my interest rate will never be increased or' decreased on any single Change Date by more than one percentage point (1 %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 12.79%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment begirming on the frrst monthly payment dale after the Change Date until the amount of my monthly payment changes again. MULTISTA TE ADJUSTABLE RATE NOTE (LIBOR Index,-Slnglo Family-Fredell. Mae IDlIFPRM INSTRtlMENT Form 3590 1101 I 111M ~lllIllIllm 11m Imlllllll ~~IIIIIIIIDI ~Ifi mlllll~ 111111111I UW 111I1111 0>08< I of 1 Jl"les) (F) Notice of Changes _ .. The Note Holder will deliver or mail to me a notice of any changes in my in_t rllte and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO P.REPA Y I have the right to' make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before apPlying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpfete<! so that the interest or other loan charges collected or to be collected in cOtUlection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted 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 Prepayinent. 7. BORROWER'S FAlLURETO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (8) Default If I do not.pay the full amount of each monthly payment on the date it is due, I wUl be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the fuU amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver by Note Holder Even if, .at a time I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay in fuU as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES . Unless applicable law requires a different method, arty notice that must be given to me under this Note will he given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. . Any notiCe that must be .given to the Note Holder under this Note will'be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different addreS1i if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER TmS NOTE If more than one person signs this Note, each person is fully ~d personally obligated to keep all 'of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a .guarantor, surety or endorser of this Note is also obligated to do these things. Any person who.takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to ~p all of .the promises made in llus Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive tll~ rights of Presentment amI Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the 'Note Holder to give notice to other persons that 'amounts due have not been paid. n. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Secl1rity Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the . promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: MULTISTATE ADJUSTABLE RATE NOTE (UBOR lndex)-Slns1c F1Il1lIy..Frcdd.lc Mac tJNIFORM INSTRUMENT Fonn 3S!lO 1/01 (pa,. 2 of J paseS) Transfer of the Property or a BI" cial Interest in Borrower. If all or an~t of the Property or any Interest in the Property is sold or trans erred (or if Borrower is not a natural person and a beneficial interest in. Borrower is sold or transferred) without Lender's prior written, consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable ~w. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender .may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. , If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may -invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Wl/.~ DENNIS R DOPORC Vh-/~an(L X, tCMpn~1IS= stEPHA L DOPORCYK . (Seal) -Borrower (Seal) ..Borrower (Seal) -Borrower [Sign Or/gilUll Ollly] Wlthoul Recours. for valuable consldf'~::On Decision One Mortgage COnln~"v llC Assigns all rlgllts , lille rights, aoo m'e' 05110 Decls,.,~e Campllny. LLC . ---:::- ~~~ ~",.mH"',"" ,~,\\\ ",TQ"'G~ ~ ~~...........~ '\ l~"'~I:J""PA$;-"~ \. ~O: -e- is:i ~~\ SEAL.!li \0. "~/, ~--^"" ....y~ "I;::'.);Q"';~';'1'- -"'lIlfllllllll\l" MULTlSTATE ADJUSTABLE RATE NOTE (LIBOR Index)-5lnglc Famlly..FnJddie Mac UNIFORM INSTRUMENT Fonn 3590 1/01 (pag. 1 of 1 pllgd) ... Loan Number Z03003U71530 PREMYMENT RIDER TO NOTE e THIS PREPAYMENT RIDER is made this 23RD day of DECEMBER .20~, and is incorporated into and shall be deemed to amend and supplement the Note of the same date given by the undersigned (the "Borrower") in favor of Decision One Mortgage Company, LLC (the "Lender"). 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate.a payment as a Prepayment if I have not made all the monthly payments.due under the Note. I may make a partial prepayment without paying any prepayment charge. If I make a full prepayment within one (1) year of the date of this Note, I agree to pay a prepayment charge of 5 % of the original principal amount of the loan; if I make a full prepayment more than one (1) year but within two (2) years of the date of this Note, I agree to pay a prepayment charge of 5 % of the original principal amount of the loan; if I make a full prepayment more than two (2) years but within three (3) years. of the date of this Note, I agree to pay a prepayment charge of 5 % of the original principal amount of the loan. The Note Holder will use my prepayments to reduce the amount of principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on ihe Prc;payment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest fate increase. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Prepayment Rider. (Seal) -Borrower ~g~~icYKQa-P{f)T) -B~~=~~ (Seal) -Borrower PENNSYLVANIA PREPAYMENT RIDER. ADJUSTABLE RATE, FIRST MORTGAGE . ~ Loan Number 2030031271530 FLOOR RATE RIDER TO NOTE (For (i-Month LIBQR, 2-Year LIBOR, and 3-Year LIBOR ARM Loan Program Disclosures) THIS FLOOR RATE RIDER is made this 23RD day of DECEMBER, 2003, and is incorporated into and shall be deemed to amend and supplement the Adjustable Rate Note (the "Note") of the same date given by the undersigned (the "Borrower") to Decision One Mortgage Company, LLC (the "Lender") and covering the property described in the Security Instrument and located at: 317 STEELSTOWN ROAD, NEWVILLE, PENNSYLVANIA 17241 [prolicrtY Address] AMENDMENT TO NOTE 1. Section 4.(D) of the Note is amended to read and be as follows: (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9. 79% or less than 6.79%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.00%) from the rate of interest I have been paying for the preceding six months, My yearly interest rate will never be greater than a maximum rate of 12.79%, or a minimum, or floor, rate of 6.79%. 2. The disclosure appearing in bold type face on page 1. of the Note'is amended to read and be as follows; THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE AND THE MINIMUM, OR FLOOR, RATE 1 MUST PAY. 3. In the event that the Note is ever sold, assigned or transferred to the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, this Fleor Rate Rider and expressly its amended provisions with respect to establishing a minimum, or floor rate, shall thereupon terminate 3n(\ shall be of no further force and effect. Any such termination of this Floor Rate Rider shall be effective as of the first Change Date to occur after the date of any such sale, assignment or transfer, and thereupon and thereafter the Note shall be in full force and effect in accordance with its original terms as set out in Section 4.(D) of the Note as if this Floor Rate Rider had never been incorporated into or amended the Note. . e BY SIGNING BELOW, Borrower acknowledges and agrees to the terms contained in this Floor Rate Rider. >>~4 / J~ DENNIS R OOPoRCYK An ~f1( t);( i1'rf<norf- PHA L OOPORCYK (Seal) -Borrower (Seal) . -Borrower (Seal) -Dorrower ,;;.:,:-,:.: :.,.:.:":' .;w~.:.-.::" ,. i---"'.'"'' . """"1 " ..'", ,-",:,.-.:, -::""-'7 ':::;"::'T>"';':""?:~""_<"'-'_~~ r '\._~___ '-._.," EXHIBIT A2 ~. \ ':J 5 '-\ lOt) ?8~~ e..., <.' ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC" hereinafter "Assignor" the holder ofthe Mortgage hereinafter mentioned, for and in consideration ofthe sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by DankofNew York As Trustee For The Certificateholders QfCW ADS 2004-05, "Assignee" at the time ofexecution hereof, sell, assign, transfer and set over unto the said Assignee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by Dennis R. Doporcyk and Stephanie L Doporcyk to Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC, bearing the date 12/23/03, in the amount of$122,850.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 1/07/04 in the County of Cumberland, Commonwealth of Pennsylvania, in Mortgage Book 1850 Page 3002. Being Known as Premises: 3]7 Steelstown Road, Newville, PA 17241 Parcel No: 30-07-0485-0]4 Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoofforever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and hislher/their heirs and assigns therein. IN WITNESS WHEREOF, the said" Assignor" has caused its Cor~orate SeilJ tp..b,ll~erein affixed and these presents to be duly executed by its proper officers this _ day of J U L 0 :J ZUUu ,20_. Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC Sealed and Delivered in the presence 1DAS r,1u ~ Anest: ent State of OOWN ss. County of Stamp/Seal: ,On this dayJljL 0 5 ZU06 ,20_,beforeme,thesubscriber,personallilpe~ }~ <JWf'~~~Fi', who acknowledged him/herselfto be the Assistant Vic~esi~t;.y of Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage CompanYI~C, p>>d~ .~ that he/she, as such Assistant Vice President, being authorized to do so. executed the foregoing instrumeiW for~e; :1: Purposes therein contained. .~ r:!il ~. 'CJ1 -~ m -, cs ~ ~'t!J oCl::>N I::.'J "'T}~ .; "" ~ "- ,." '-4 rrr r- -,;:_01 l(j)=- " >> IN WITNESS WHEREOF, I hereunto set my hand and official seal. The precise add es 0 t within named Assignee is: 7105 Corporate Drive Piano, TX 750 4 By: MATTHEW G STONER My Commission Expires August 30, 2008 ::J:) ::s .~ ....... <;..) c;;.,) !\ te r co dmg re urn to: PHELAN HALLINAN & SCHMIEG, L.L.P One Penn Center 1617 J.F.K. Blvd., Ste.1400 Philadelphia, P A J 91 03- 18 J 4 BK 0 7 3 0 PG 0 6 6 3 6/28/06 Document Execution 54016131 05)22/2006 17:42 TEL 7175997794 J CONRAD fa] 058 Corwsstoga TUk lMUnll'!ce ComP\lny Commitment Number. 2003110054AM. SCHEDULE C PROPERTY DESCRlPTlON The land l'8fel'l'8d to I" this Conynltment i:I d~ 81 fIJIIows: ALL lh$t c;ortaln lot of gl'QWid, tcliether wllh tho Improvamentl erectlld thereon, located In NOJ1h Newlon Towneh/p. Cumberland County, pennsytv'''le. more pa~ bounded lU1il described at f<lllows: BEGINNING on the North side of tho ~.lown Road, whic:h polnlls eight hundred elgllty three (883) rut East of the we~ line between ltIe fann now or formerly 0' Wayne M. Hoo....r lNld DlInyCu HQQVQr, husband and wife. and propBlty now Of fQmlwly of IlVln Shoaffer IIld whllih polnlls fi.Jrttlef In the Eutern line of alan. loadl"9 North ~m the $ee18lOWn Road: thanoe Esstwardly 810ng the NOf1h lidlt of the Stoelstown Road. Ot'l$ hundred forty (1-<<1) fa6tto a point; thence Nor1tIwlIrtl!y by sllns pataJlello ll8ld lana, two hundred (200) f..t,; thllllCt Westwardly by lhe line parallel 10 the Steell10wn Roud, an. hundred fOrty (140) teet to a point ooltte East sIde of 1lIk1lane: thence Southwardly aJOl1g th. East i1de of saki IS".. two hu7ndrod (200) feQt ~ tM place of BEGINNING. Parcel # 30..07.0485-0 14 AI. T1\ CcmtIitmonl ~Ul8 C (200311 0054AM.PFDr.l0031 1OQ$MIN'jS) T Ccri ~ fy' t1~:i ,~~\ tc~ lI1 t2;. ~-~J)erlarld Cc;:.,:;:'j.. BK 0 7 3 0 PG 0 6fi~ 850 PG 3 0 I G ",..,.' ,~ ..,....... .,;;' i./ Recorder of CT;'d~ .,,.,..,,....""':','~,,..""'''-,,,..,.'',.:'. ..,;,.-..".:'-.-,.:'...-..,.:....,.":""'''!.'',~~-~~~;:1:'~:fm;r:\!I!!'.~'"'~~'~.-......"....,,-.="1...'!.-'.'...,,.--"""....,.,..>:--...,~., . . EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF ) ss. COUNTY OF ) 7," ~ ..J<er~ #;'e;,r{ r ,being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Ct::? J ~ # #If,A,H; J r ~j. at Countrywide Home Loans, Inc., mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendants have been credited to Defendants' accounts. 5. Defendants' mortgage payments due November 3,2005 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance Interest October 3,2005 through May 25,2006 (per Diem $22.71) Attorney's Fees Cumulative Late Charges December 23,2003 to May 25,2006 Cost of Suit and Title Search Subtotal Escrow Credit Escrow Deficit TOTAL $120,428.54 $5,336.85 $1,250.00 $280.00 $55D.00 $127,845.39 $0.00 $323.17 $128,168.56 7. Mortgagors have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagors with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff 10. Plaintiff properly accelerated its mortgage to protect its interests. Nam-:~ A' ~-- Title~~.(..- A",qk~ f~A.< <, Countrywide Home Loans, Inc. SWORN TO AND SUBSCRIBED BEF~ THIS ( 1-f1"v DAY OF f9( ~~ 1 ,2006. ~~ ..._"....~ . ......~~~~.'!t.~.,~ SUDESHNA GHOSH.PANDEY '. :'~'" "{"\ Notary Public, S_ of rexls ,,-;. .:,."1 My Commission Expires -'.::1;;\$_' June 29 2008 tt:!!!,,, , . ...-........'\ File Name and Number: Dennis R. Dooorcyk and Stephanie L. Doporcyk, Account No. 54016131 ,"":~'CC"CC"'''.''::,.., " ',' " . --,:'-';' ,"" ,',~ ... " , .." "" "' ", ' <,_,' _ ',"'''"',jf,",,,",T..,''R'' "1. ,", "'" ..~ "" ~..,' , ~" f'1"': . . EXHIBIT C PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 135468 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004-05 7105 CORPORATE DRIVE PLANO, TX 75024 ATIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNIL DNISION TERM NO. CUMBERLAND COUNTY v. DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, P A 17241 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, TillS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 135468 File #: 135468 IF THIS IS THE FlRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED mAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I. PlaUntiffis BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004-05 7105 CORPORATE DRNE PLANO, TX 75024 2. The name(s) and last known addressees) ofthe Defendant(s) are: DENNIS R. DOPORCYK STEPHANIE L. OOPORCYK 317 STEELSTOWN ROAD NEWVILLE, P A 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/23/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1850, Page: 3002. PLAINTIFF is now the legal owner of the mortgage and is Un the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11103/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all Unterest due thereon are collectible forthwith. File #: 135468 6. The following amounts are due on the mortgage: Principal Balance Interest 10/03/2005 through OS/25/2006 (per Diem $22.71) Attorney's Fees Cumulative Late Charges 12/2312003 to OS/25/2006 Cost of Suit and Title Search Subtotal $120,428.54 5,336.85 1,250.00 280.00 $ 550.00 $ 127,845.39 Escrow Credit Deficit Subtotal 0.00 323.17 $ 323.17 TOTAL $ 128,168.56 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has termjnated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 128,168.56, together with interest from OS/2512006 at the rate of $22.71 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP c ~. ~ rr JLc--. By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 135468 LEGAL DESCRIPTION ALL that certain lot of ground, together with the improvements erected thereon, located in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING on the North side ofthe Steelstown Road, which point is eight hundred eighty-three (883) feet East ofthe Western line between the farm now or formerly of Wayne M. Hoover and Danylu Hoover, husband and wife, and property now or formerly of Irvin Sheaffer and which point is further in the Eastern line of a lane leading North from the Steelstown Road; thence Eastwardly along the North side of the Steelstown Road, one hundred forty (140) feet to a point; thence Northwardly by a line parallel to said lane, two hundred (200) feet; thence Westwardly by the line parallel to the Steelstown Road, one hundred forty (140) feet to a point on the East side of said lane; thence Southwardly along the East side of said lane; thence Southwardly along the East side of said lane, two hundred (200) feet to the place of BEGINNING. BEING the same premises which Byron G. Sterling (also known as Byron G. Sterling, Jf.) and Dorthe I. Sterling, husband and wife, by their Deed dated June 15, 1996 and recorded June 17, 1996 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 140, Page 1163, granted and conveyed unto G. William Hemminger, ill and Joyce G. Hemminger, husband and wife, Grantors herein. PARCEL NO. 30-07-0485-014 PROPERTY BEING: 317 STEELSTOWN ROAD File #: 135468 VRRIFICA TTON FRANCISS. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of t.;e court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~)kL FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: rs/ ~()b I ':j';-- "X~:,'''':,",;'''~'''''''~r~,-__'>_, EXHIBIT D , ,..,~.... .,. "I ~"':~C,;!:"~'~7::t",'!1'~ '1' ~". "":' "',~ BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW ABS 2004-05, Plaintiff ,~~ 4b~ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006-3051 CIVIL TERM n l""--."I r-::---::; r} 'n ::::J DENNIS R. DOPORCYK and STEPHANIE L. DOPORCYK, Defendants CIVIL ACTION - LAW ., " , t;- !',) o ANSWER TO COMPLAINT ( " f'-.,) -':00 :.< ,. AND NOW, this 2!. day of July 2006, comes the Plaintiff, Dennis R. Doporcyk and Stephanie L. Doporcyk, by their attorneys, Irwin & McKnight, and makes the following Answer to the Complaint of Plaintiff: 1. The averments of fact contained in paragraph one (1) of the Complaint are admitted. 2. The averments of fact contained in paragraph two (2) of the Complaint are admitted. 3. The averments of fact contained in paragraph three (3) of the Complaint are admitted. 4. The averments of fact contained in paragraph four (4) of the Complaint are admitted. 1 5. The Defendant is without information to know whether and to what degree the mortgage is in default. Therefore, the averments of fact contained in paragraph five (5) of the Complaint are denied and proof thereof is demanded. 6. The Defendant is without information to know whether and to what degree the mortgage is in default. Therefore, the averments of fact contained in paragraph six (6) of the Complaint are denied and proof thereof is demanded. 7. The award of attorney fees is without merit. Therefore, the averments of fact contained in paragraph seven (7) of the Complaint are denied. 8. The averments of fact contained in paragraph eight (8) of the Complaint are admitted in part and denied in part. It is admitted that the Defendants have not yet met with Pennsylvania Housing Finance Agency or a consumer credit counseling agency, but they do intend to do so. 9. The averments of fact contained in paragraph nine (9) of the Complaint are conclusions of law to which a response is not required. 2 WHEREFORE, the Plaintiffs, Dennis R. Doporcyk and Stephanie L. Doporcyk request that the Complaint of the Defendant be dismissed with costs and interest to the Defendants. Date: J V t-, dO) ~.ao 10 Respectfully submitted, IRWIN & McKNIGHT By: Marcus 60 West omfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for the Defendants 3 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. L~ DENNIS ~. D ORC DateJvLy .;l0, cJ. oCJl- 4 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CWABS 2004-05, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006-3051 CIVIL TERM DENNIS R. DOPORCYK and STEPHANIE L. DOPORCYK, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, Fi~t Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Francis S. Halinan, Esq. Phelan, Hallinan & Schmieg, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 IRWIN & McKNIGHT By: Date: Jv/...1 ;;(f J 0 (J/.. 5 "'~-"'''',.." '1 ' ' -11 "~j'~''C~:' ,,=,'O!?''c,1':C/~pr,:<~~ ", "'~ ~. '""!":' j;"-," -, ~""~~'\S "1/ .'_~' :.."")},"" ."~ r; ~~' ," ~~ ,~, _'f"N",,'~1"':~' ".r>""...~1":";\!~Y :~'7.',,f,'r:~l"~; .~;~ '.,~ -"', ~..'~ ,,". .iC',"'V'>:~ EXHIBIT E ~..._Ji_ -.- PO BoX 9048 Tamecula. CA 92589-9048 1111111111111 Send Paymen/s To: PO BOX 660694 Oalas. TX 75266-0694 0700765176 Send Correspondence 10: PO Box 5170. MS SV314B Sml Valley. CA 93065 111,11I11,1"1,1,1"1",11I,1,,,11,.1,1,.1,1,,,,1,11 Dennis R Doporcyk 317 STEELSTOWN RD NEWVILLE. PA 17241.9699 06010S-alQPA 1 PRESORTED First-Class Mall U.S. Postage alld Fees Paid WSO CounbJwidr HOME LOANS P. O. Box 660694 Dallas, TX 75266-0694 Send Payments to: PO Box 660694 Dallas. TX 75266-0694 January 4,2006 Certified Mail: 0700765176 Return Reciept Requested Regular Mail Dennis R Doporcyk 317 STEELSTOWN RD NEWVILLE, PA 17241-9699 Account No.; 54016131 Property Address; 317 Steelstown Road Newville, PA Current Servicer; Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortllaQe on your home is in default. and the lender intends to foreclose. Soecific infonmrtion about the nature of the default is orovided in the attached palles. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IHEMAPl may be able to help to save vour home. This Notice explains how the prOQram 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 Counselinll AQency. The names. addresses and phone numbers of Consumer Credit Counselinll AQencies servil1CJ your County are listed at the end of this Notice. If vou have any Questions. vou may call the Pennsylvania HousinQ Finance AQency toll free at 1-800-342-2397. (Persons with imDaired hearina can call1-717-780-1869l. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help answer them. 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 NOTIFICACICN EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCICN INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAM A LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S); PROPERTY ADDRESS; Dennis R Doporcyk 317 Steelstown Road Newville. PA 54016131 LOAN ACCT. NO.; ORIGINAL LENDER; CURRENT LENDERlSERVlCER; CountrYwide Home Loans Servicina LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE IIIIHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS P\ea9t wrtte ~1I a:coll1ll1Jrnbtr malld'leCks ardOOrTetpOroerrA. We may<harge)'OlJ a fee branypaymont roIt.rnedorrejoded by1"Lr nronclallnotliJJoll.lJtl!edtoapp_1e llw. . Makll yoor check payable ID Countywldo Home loans . Wrl!ll yoll" account nllllber on yoor check a moneyader . Write In lilY addtlonal amounts yoo are including (f llllalls more than $5000. pi..... send certified ched<) . Ilont attach yoor check ID the paymentcol(lOll . Ilont i!'dude correspondence . Ilont send cash Account Number: 54016131.2 Dennis R Doporcyk 317 Steelstown Road Balance Due lor chargll& listed above: $3.091.46 ll& or 1/412006. BlCPA1 P_.~e-...I_tilo oo1l."."...okleol1l1.alIlpllll. IAddltbnal Prncl>al CountJywlde PO BOX 660694 Dallas, TX 7526fKJ694 11..,1.1,1".1.1.11,,,11,,11,.,,11,.1.1,,,1.,11,1,,,1.,1..1,111."I I=,nal r ~ ITolat 054016131200000309746000309746 Jo IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY 130} 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 a-edit 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. ~ names addresses and teleohone numbers of desiGnated consumer credit counselinG aGencies for the county in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender 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 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 fmds 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 flied bankruptcy you can stili apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 317 Steelstown Road Newville, PA IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due Monthly Pavments: November, 2005 - February. 2006 (3 mos. @ $1 ,005.821month) $3,017.46 (2 mos. @ $40.00/month) $80.00 Late Charoes: November, 2005 January, 2006 Other Late Charoes' Total Late Charges: Uncollected Costs: Partial Payment Balance: $0.00 $0.00 ($0.00) $3,097.46 TOTAL DUE: YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION IDo not use if not applicablel HOW TO CURE THE DEFAULT - You may cure the default within THIRTY 1301 DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,097.46, PLUS Am MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY 130l DAY PERIOD. Payments must be made either bv cashier's check, certified check or monev order made payable and sent to: E-maH use: Providing 'fOOl e-mal address beklw will allow us to send you Inf<rmation 00 'fOOl aa:ourt Accoort Number: ~16131 Dennis R Oq>orcyl< E-maU add..... How we post your payments: All acceptD:I pa~ents It pl1nclpal and Inllll'e&t will be applied D the longest oulBtandlng Il'6laIlment due, uness other>Mse expr....1y prchiblllld 0< IImillld by law. It you submtt an amollllln a1dtIon to yoll sdle<lJ1ed mootl'/y amollll. we win apply yoll paymenlll as follov.l;: Q) to o-.cllng mondlly pa~...lB It principal and InlBrest, (Ii) escrow de'lclencles. (III) Ilte chMges and other amounls you owe In C<lflneclioo with your 10M and (Iv) to I1ldIJ:8 the Ol.tsllIlding principal balMce d yoll loan. Please spedly J you want an additional amourt applied to fulJre pa~...ts. raller than princlpall1ldldion. Posldatecj cl1eeks: Cou/tr)Y/lde's pollCV Is to rot aCCElll partdaIad clled<s. unless speclllcaHy ageed to I7t a 10M counselor or lBetllvclan. " # Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. You can cure any other default bv takino the followino action within THIRTY 1301 DAYS of the date of this letter 100 not use if not aoolicablel IF YOU 00 NOT CURE THE DEFAULT - If you do not cure the default within THIRTY 1301 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 witl 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 1301 DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers YOlK case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually inrurred, 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. My 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 (301 DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the Lflpaid 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 1301 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 mortgage 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. HOW TO CONTACT THE LENDER: Name of Lender: Countrywide Home Loans Servicing LP P. O. Box 660694 Dallas, TX 75266-0694 1-800-669-0102 1-805-577-3432 MS PTX-36 Attention; Loan Counselor Address: Phone Number: Fax Number: Contact Person: 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 may 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 MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BYTHE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your 07007b5176 property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cue the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument, If you are unable to cure the default on or before February 3, 2006, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: . Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan requires that Countrywide receive. up front, at least Y:o of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. . Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foredosure alternative, however, is limited to certain loan types. . Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through Countrywide even if your home is worth less than what is owed on it. . Deed~n-lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will need to evaluate whether that assistance will be extended to you. In the meantime, Countrywide will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by February 3, 2006 as outlined above will result in the acceleration of your debt. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800-669-0102. . .ea..Ib..Jide:" -~ PO Box 9048 TemeaJla. CA 92589-9048 111111I11 II I 7113 8257 1470 7316 9808 Send Paymen/s To: PO BOX 660694 Dalas. TX 75266-0694 Send Correspondence /0: PO Box 5170, MS SV314B Slmi Valley. CA 93065 1.,,11111,1.,1,1.1.,1...1 JI.I".II"I,I,.I,I,..,I," stephanie L. Doporcyk 317 STEELSTOWN RD NEWVILLE, PA 17241-9699 060104-BlQPA 1 PRESORTED First-Class Mall U.S. Postage and Fees Paid WSO # C'.auntI1IWidr HOME LOANS P. O. Box 660694 Daltas, 1)( 75266-0694 Send Payments to: PO Box 660694 Dallas, 1)( 75266-0694 January 4,2006 Certified Mail: 7113 8257 1470 731b 9808 Return Reciept Requested Regular Mail Stephanie L. Doporcyk 317 STEElSTOWN RD NEWVillE, PA 17241-9699 Account No.: 54016131 Property Address: 317 Steelstown Road Newville,PA Current Servicer: Countrywide Home loans Servicing lP 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 EMERGENCY MORTGAGE ASSISTANCE PROGRAM IHEMAP) mav be able to help to save YOUr home. This Notice explains how the program works. To seeifHEMAP 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 Aaency. The names. addresses and phone numbers of Consumer Credit Counseling Agencies servina your County are listed at the end of this Notice. If YOU have any Questions. yOU may call the Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397. !Persons with impaired hearina can call1-717-780-1869l. This Notice containll important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help anllwer them. 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 NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTJNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE El CONTENIDO DE ESTA NOTlFICACI6N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS Al NOMERO MENCIONADO ARRIBA. PUEDE 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 REDlMIR SU HIPOTECA. LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSERVlCER: Stephanie L. Doporcyk 317 Steelstown Road Newville. PA 54016131 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: CountrYwide Home loans Servicina LP 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 Please "'rite \<lIS '""""" I1Jmller CIlaUdled<s aoooollOlpOr<le""'. Wt maycNrgo \<lu a fee i:JIlIlypaymenl AIItsnedor rejOded by\<llSnnon<:illllnslliAlol\ .ulljedtoapp_1e laW . Make yoor check payable to Coontrywlde Home loans. . \'\\'ite yolS account nll1loor on yool check or money order . \'\\'ite In MyaddtlOroallf11OUnlll you are IiIctlIIIlIg (I tttal is mo'" than $5000. please send certIfled chedcJ . Dent aIlach yoor check to the payment co~ . Dent looude correspondence . Dent Send casb Account Number: 54016131-2 Stephanie L. Ooporcyk 317 steelslown Road Balance Dua lor chargBl> listed abO'lll: $3.097.46 as llf 1/412006. P.....pdale......_tbn oolhe.......lideof~15""'''''''. 'Mlitboal -l>aI BlCPA1 l:oaI Countrywide PO sOX 660694 Dallas. TX 75266-0694 11",1,1,1".1,1.11,,,11,,11,,,,11,,1.1,,,1,,11,1,,,1.,1..1,111,"I r li~ 054016131200000309746000309746 .. .. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer a-edit 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. IlliL names addresses and teleohone numbers of desionated consumer credit counselino aoencies for the countv in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmar1<ed within thirty (30) days of your face-to-face meeting. YOU ~ 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 fl.nds 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 foredosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified direcUy 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 flied bankruptcy you can stili apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 317 Steelstown Road Newville, PA IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due Monthlv Pavments' November,2005 February, 2006 (3 mos. @ $1,005.821month) $3,017.46 (2 mos. @ $40.00/month) $80.00 $0.00 $0.00 ($0.00) $3,097.46 Late Charaes: November, 2005 - January, 2006 Other Late Charoes: Total Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not aoolicablel HOW TO CURE THE DEFAULT - You may cure the default within THIRTY 130l DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,097.46, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY 130l DAY PERIOD. Pavments must be made either bv cashier's check. certified check or monev order made oavable and sent to: E-maU use: PrlMdi"J your e-mail a<tlress beIcN win allow us to send you Inhlrmation 00 your accourt Accoort Number: 54016131 Stllphanle l. Dopor~ E-mail adltess How we post your Psvmenls: All accepted pa)lTlents d principal ard Inllllest wlU be applied ., the longest OulStardl"J Installment due, UNess othenM8e llXp'essly prohibited or UmllBd by law. W you submtt an amollltln addtIon to yoII' sdlellJled monlNy amollll, we will apply yoII' payments as follov.$: ~) to 01.lBlllld1"J mo~1y pa)lTlents d prlrdpallVld InIllrest, ~I)escrowdellclencles. (III) I.n chMges and other amOJnf8 you owe In connection with your 10M ard (Iv) to reduce the Ol.lBlllldi"J prlrdpal balance d yoII' loan. Please specify W you want an a<tlitional amourt applied to fu1ure pa)lTlents. rliher than principal redtdion. Postdated checks: CoumyMde's poUt!' Is to not accept pCI6tIlaIed dledal, unless speclftcaDy llg'eed to l7{ a 10M counll8lor or technician. . Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. You can cure anv other default bv takina the foUowina action within THIRTY /30\ DAYS of the date of this letter 100 not use if not aoolicablel IF YOU DO NOT CURE THE DEFAULT .If you do not cure the default within THIRTY /301 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 /301 DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON. The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually inCllTed by the lender even if they exceed $50.00. My 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 /301 DAY period. you will not be ntquired to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the lIlpaid 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 /301 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 ntstore 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 mortgage 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. HOW TO CONTACT THE LENDER: Name of Lender: Countrywide Home Loans Servicing LP P. O. Box 660694 Dallas, TX 75266-0694 1-800-669-0102 1-805-577-3432 MS PTX-36 Attention; Loan Counselor Address: Phone Number: Fax Number: Contact Person: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the 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 may 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 MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BYTHE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your 7113 a257 1~70 731b ~aoa ~ ~ ... ~ property. The purposes of such an inspection are to ~) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the oOOJpant. If you do not ClI'e the default prior to the inspection, other actions to protect the mortgagee's interest'in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument. If you are unable to cure the default on or before February 8, 2006, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: . Repayment Plan: It is possible that you may be eligible for some fonn of payment assistance through Countrywide. Our basic plan requires that Countrywide receive, up front, at least Y, of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. . Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foredosure alternative, however, is limited to certain loan types. . Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through Countrywide even if your home is worth less than what is owed on it. . Oeed-in-lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will need to evaluate whether that assistance will be extended to you. In the meantime, Countrywide will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by February 8, 2006 as outlined above will result in the acceleration of your debt. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800-669-01 02. " " . . . ~ VRRTFTC. A TTON Jenine R. Davey, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of her knowledge, infonnation, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. q\~~ Date Jen n R. Davey, Esquire Atto ey for Plaintiff o ;:~ r-..J c-::> c';':, c'1'"' C) C) --I I .r:- ~:. o .,.1 ~-n filp -0 ~,~!..i ;~~ o --..\ -,..,. ~ 0) .. N .::;- BANK OF NEW YORK, as Trustee for the Certificateholders of CW ABS 2004-05, Plaintiff vs. DENNIS R. DOPORCYK and STEPHANIE L. DOPORCYK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3051 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND EBERT. J,J. ORDER AND NOW, this z.. (,. day of October, 2006, the motion of the plaintiff for summary judgment is GRANTED and an in rem judgment is entered in the favor of plaintiff and against the defendants, Dennis R. Doporcyk and Stephanie L. Doporcyk, in the amount of$128,168.56 together with interest from May 25,2006, at the rate of$22.71 per diem and other costs and charges collectible under the mortgage and for foreclosure and sale of the mortgaged property. ~ne R. Davey, Esquire For the Plaintiff ~rcus A. McKnight, III, Esquire F or the Defendants ~ :rlm BY THE COURT, K~e1f / YJ; i' J\//\'"!.},Sr.Jf\i3d 1 .' 'pr ," ,... -v.,~!(V"l 1\...U\li ;<...'. . , ( ,.,:t:;J'if ,'J o +J :01 t~lV 92 1:30 900l lU...ilOI .r,... p, 'd -'Hi JO AQV I\VdlUc,:;l .... 3:Jf::l::hJ-031!.:l PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004-05 CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, PA 17241 : NO. 06-3051 CIVIL : CUMBERLAND COUNTY PRAECIPE FOR ENTRY OF JUDGEMENT PURSUANT TO COURT ORDER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against DENNIS R. DOPORCYK AND STEPHANIE L. DOPORCYK, Defendant(s) in accordance with the Court's Order dated 10/26/06. Assess Plaintiffs damages against DENNIS R. DOPORCYK AND STEPHANIE L. DOPORCYK as follows: As set forth in the Order Interest - 5/25/06 - 10/26/06 TOTAL $128,168.56 $3,497.34 $131,665.90 DAMAGES ARE HEREBY ASSESSED AS INDICA TED~ DATE: .A)OU. / l,r ;lODh o PROTHY 135468 VW~-fl.135lf(p8 BANK OF NEW YORK, as Trustee for the Certificateholders of CW ABS 2004-05, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W vs. NO. 06-3051 CIVIL DENNIS R. DOPORCYK and STEPHANIE L. DOPORCYK, Defendants IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND EBERT, J.J. ORDER AND NOW, this Z. (, W day of October, 2006, the motion of the plaintiff for summary judgment is GRANTED and an in rem judgment is entered in the favor of plaintiff and against the defendants,Oe]lIlis R. Doporcyk and Stephanie L. Doporcyk, in the amount of$128,168.56 together with interest from May 25, 2006, at the rate of$22.71 per diem and other costs and charges collectible under the mortgage and for foreclosure and sale of the mortgaged property. BY THE COURT, Jenine R. Davey, Esquire For the Plaintiff ~ ./1;1 K7. Hess, J. Marcus A. McKnight, III, Esquire For the Defendants :rlm" (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-05 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-3051 CIVIL DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on jJ )I')Q \ L. 200 ~ If you have any questions concerning this matter, please contac . By: **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW ABS 2004-05 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-3051 CIVIL DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DENNIS R. DOPORCYK is over 18 years of age and resides at , 317 STEELSTOWN ROAD, NEWVILLE, PA 17241. (c) that defendant STEPHANIE L. DOPORCYK is over 18 years of age, and resides at ,317 STEELSTOWN ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. c p ~ "9- *' \ ~ . ~ C> - \) ~ ........... ~ t-~ 0 0 e'::::> ~ C :::."" -n ~ tJ ..;.1........ -l '7'. :r:-r"' ~ ~ :2 rnr~ tIi ,,' c.; >-J a' 1 llf -...0 S-~' 1- .' i~ - t'-': ... - ~.~ :~? {:;, f: :.t~ ~'ri'l LC <.J --\ r<~ Jfl r-- -----:... 0, :~ . ~ t - PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW ABS 20M-OS Plaintiff, v. No. 06-3051 CIVIL DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $128,168.56 Interest - 5/25/06 to 10/26/06 $3,497.34 Interest from 10/26/06 to 3/7/07 (per diem -$21.64) $2,856.48 and Costs TOTAL Add'l fees Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the p~aintiff is not present at the sale. ~< ~oo ~ ~ O~ O~ ;;;;J 00> ~~ ~~ u ~~ ~u ~e rOlil~ ~O rOlil ~ ~~ ~O ~ e ;~ o~ 01 ~~ ~rOlil ~o ~ "'" oo=l() 0= ~~ <~~ !:Ii =~ ~~ 8~ ~o. ~ :! =~ ~~ o~~ 01:: ~o >~M IJ;. e U ~~ ~6 ~~ ~u e: rOlil~ =~ zf:: u .i::j 00 ~ Q) 8~ ~~ - ..... OrOlil ~ ~rOlil ~u ~ === ~~ ~f;3 Z;;;;J ==~ ~u ..1) ~ '''' f5 6; U~-,,"" z r~ S~ ..a; ~~~ U) U.J 0_ ::> w:~ ~ __, I- '-c'=' .:5 l.L g (.) o ~ --~ ~ .::J. (;Q ': ~ ~ ~~;~~~ F '-J I , ~~~a~~ tJi V> ....., ~ ~ ra S <V) \l -; '-' ... "- ,.. rj-J () \) a v, "''b;). ~ i ~ ~ - ::r -- 00 CI) Q) -t3 "d <( as i:: Q) CI) Q) ~ ;;>, s CI) ~ ~ p. Q) ~ J ~ 3 - ~i rit::--r- a~CJ ~ ~ 1t!()L ~ ,. ... LEGAL DESCRIPTION ALL that certain lot of ground, together with the improvements erected thereon, located in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING on the North side of the Steelstown Road, which point is eight hundred eighty- three (883) feet East of the Western line between the fann now or formerly of Wayne M. Hoover and Danylu Hoover, husband and wife, and property now or formerly oflrvin Sheaffer and which point is further in the Eastern line of a lane leading North from the Steelstown Road; thence Eastwardly along the North side of the Steelstown Road, one hundred forty (140) feet to a point; thence Northwardly by a line parallel to said lane, two hundred (200) feet; thenc.e Westwardly by the line parallel to the Steelstown Road, one hundred forty (140) feet to a point on the East side of said lane; thence Southwardly along the East side of said lane; thence Southwardly along the East side of said lane, two hundred (200) feet to the place of BEGINNING. BEING the same premises which Byron G. Sterling (also known as Byron G. Sterling, Jr.) and Dorthe I. Sterling, husband and wife, by their Deed dated June 15, 1996 and recorded June 17, 1996 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 140, Page 1163, granted and conveyed unto G. William Hemminger, III and Joyce G. Hemminger, husband and wife, Grantors herein. PARCEL NO. 30-07-0485-014 PREMISES BEING: 317 STEELSTOWN ROAD, NEWVILLE, P A 17241 RECORD OWNER Vested By: Special Warranty Deed, dated 3/31/1999, given by G. William Hemminger, III and Joyce G. Hemminger, husband and wife to Dennis R. Doporcyk and Stephanie L. Doporcyk, husband and wife and recorded 4/1/1999 in Book 196 Page 936 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3051 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004-05, Plaintiff (s) From DENNIS R. DOPORCYK AND STEPHANIE L. DOPORCYK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $128,168.56 L.L. $.50 Interest - 5/25/06 TO 10/26/06 - $3,497.34 - INTEREST FROM 10/26/06 TO 3/7/07 (PER DIEM- $21.64) - $2,856.48 AND COSTS Arty's Comm % Arty Paid $141.84 Plaintiff Paid Date: NOVEMBER 16, 2006 Due Prothy $1.00 Other Costs $5,754.50 Curti (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW ABS 2004-05 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK NO. 06-3051 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. o ~:::::-. ~ c.::.? 0"'" ........ ,tt__ ~Q ~ - Ci' o -n .-\ -r..-n fn f'::: ~~,~) --~~ :L: ~"lO" ~,... ~"" j,~:~ ~- -; ::--\ 'OJ? ?i '-? r..) 0", ... BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW ADS 2004-05 CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK NO. 06-3051 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) DANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ADS 2004- 05, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .317 STEELSTOWN ROAD. NEWVILLE. PA 17241. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DENNIS R. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, PA 17241 STEPHANIE L. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AGWAY ENERGY 530 E. NORTH STREET CARLISLE, P A 17013 4. Name and address of last recorded holder of every mortgage of record: .. ... Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 317 STEELSTOWN ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 MARCUS A. MCKNIGHT, III, ESQ. IRWIN & MCKNIGHT 60 WEST POMFRET STREET CALISLE PA 17013 I verify that the statements made in this affidavit are true and correct to the best of personal knowledge or information and belief. I understand that false statements herein are e subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsi ation to thorities. November 9.2006 DATE ~., :~-? c::':"1 cr' - 23 ....::: Cf\ (:;> -n :1-r. en p -....11"' .~:).jC; A(~;~ <~~ (':< onl --I '~1.~ ~n -< ~... ::1: \.D f") CJ', t BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004-05 Plaintiff, CUMBERLAND COUNTY No. 06-3051 CIVIL v. DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK Defendant(s). November 9, 2006 TO: DENNIS R. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, PA 17241 STEPHANIE L. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, P A 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 317 STEELSTOWN ROAD. NEWVILLE. PA 17241. is scheduled to be sold at the Sheriffs Sale on 3/7107 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $131.665.90 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004- 05 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE Gn~L~A(r;\ ~~ (:H)fJ) q~ D - ~ \ ot LEGAL DESCRIPTION ALL that certain lot of ground, together with the improvements erected thereon, located in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING on the North side of the Steelstown Road, which point is eight hundred eighty- three (883) feet East of the Western line between the farm now or formerly of Wayne M. Hoover and Danylu Hoover, husband and wife, and property now or formerly ofIrvin Sheaffer and which point is further in the Eastern line of a lane leading North from the Steelstown Road; thence Eastwardly along the North side of the Steelstown Road, one hundred forty (140) feet to a point; thence Northwardly by a line parallel to said lane, two hundred (200) feet; thence Westwardly by the line parallel to the Steelstown Road, one hundred forty (140) feet to a point on the East side of said lane; thence Southwardly along the East side of said lane; thence Southwardly along the East side of said lane, two hundred (200) feet to the place of BEGINNING. BEING the same premises which Byron G. Sterling (also known as Byron G. Sterling, Jr.) and Dorthe I. Sterling, husband and wife, by their Deed dated June 15, 1996 and recorded June 17, 1996 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 140, Page 1163, granted and conveyed unto G. WilJiam Hemminger, III and Joyce G. Hemminger, husband and wife, Grantors herein. PARCEL NO. 30-07-0485-014 PREMISES BEING: 317 STEELSTOWN ROAD, NEWVILLE, P A 17241 RECORD OWNER Vested By: Special Warranty Deed, dated 3/31/1999, given by G. William Hemminger, III and Joyce G. Hemminger, husband and wife to Dennis R. Doporcyk and Stephanie L. Doporcyk, husband and wife and recorded 4/1/1999 in Book 196 Page 936 o ~~ r-.~ = r;:...J. o~ ~ s -- ~~ .-4 ::r:-n rn- ~ ~~5 -c;j (:~~~ (:) C'C~ -_'~r, ~ \~,~?l '::;i .~~ ~ Cl ~ -~ -- 'p l"~' O~ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One PeIll1 Center, Suite 1400 1617 John F. KeIll1edy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York as Trustee for the Certificateholders of CW ABS 2004-05 ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dennis R. Doporcyk Stephanie L. Doporcyk Defendants No. 06-3051 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 26, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on November 16,2006 in the amount of$131,665.90. A true and correct copy ofthe praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 103 7(b)( I), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 7, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 3/07/07 Per Diem $22.40 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit $120,428.54 12,315.50 120.00 2,575.00 1,062.00 1,459.84 134.50 0.00 0.00 0.00 0.00 1.563.65 TOTAL $139,659.03 6. The judgment formerly entered is insufficient to satisfY the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. I I I ,....,),~:-11 Date:~ By:/ ichele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Bank of New York as Trustee for the Certificateholders of CW ABS 2004-05 ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dennis R. Doporcyk Stephanie L. Doporcyk No. 06-3051 Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff's Note was secured by a Mortgage on the Property located at 317 Steelstown Road, Newville, PA 17241. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff's Sale. Because of the period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff's Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P .L.E., Judgments S 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171,595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that ifit goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. ill. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its co llateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE:~ ID/01 Niichele . Bradforo, Esquire Attorney for Plaintiff By:l Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., [d. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 135468 BANK OF NEW YORK. AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW ABS 2004-05 71 05 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FORPLAThITWF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O~- ;00-' ~ CUMBERLAND COUNTY v. DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK 317 STEELS TOWN ROAD NEWVlLLE, P A 17241 Defendants (') I'.:) <:::) 0 c = ~:- cr. " ""'t' po;:; '% ;:f 'Tic. ~ ~f. """ Rip? l.)5 ~ -083 ':0. . !;:; 01 r:,- ~:!g -:;;.1,. V t~jj :2:"~i ::I:: .:"" CJ - om .. ~ ~ Ul \D --< CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj~ctions to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER., GO TO OR TELEPHONE THE OFFICE SET FORTI{ BEWW. THIS OFFICE CAN PROVIDE YOU wrrn INFORMATION ABour HIRINO A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, lHlS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TIlAT MAY OFFER LEGAL SERVICES TO ELIOIDLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cwnberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 "t~ o ~\'b~\\ ~C'j~~ "S:,. ~ ~ q,~~ We hereby certify the within to be 8 true and correct copy of the original filed of record J:~ PHELAN File It: 135468 PHELAN HALLINAN & SCHMlEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 . FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHlA PA 19103 (215) 563-7000 135468 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004-05 71 05 CORPORATE DRIVE PLANO, TX 75024 AITORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNIL DIVISION TERM NO. CUMBERLAND COUNTY v. DENNIS R DOPORCYK STEPHANIE L. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, P A 17241 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE nITS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. lHIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 We hereby certify the withIn to be a true aM correct copy of the original filed of record PHELAN . ~" ..~..~ File #: 135468 File #: 135468 IF TIllS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED mAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF TIllS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE TIDRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECf THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST \VILL BE~ETOTHECOURTFORAJUDGMENTUNTa THE EXPIRATION OF TmRTY(30) DAYS AFfER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, TIlE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECf THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND , OBLIGATIONS IN TmS SUIT. IF YOU ~ VE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR TIIE CERTW~ATEHOLDERSOFCWABS2~~5 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known addressees) of the Defendant(s) are: DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, P A 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter descn"bed. 3. On 12/23/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1850, Page: 3002. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11103/2005 and each month thereafter are due and unpaid, and by the tenns of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File N: 135468 6. The following amoWlts are due on the mortgage: Principal Balance Interest 10/03/2005 through 05/25/2006 (per Diem $22.71) Attorney's Fees Cumulative Late Charges 12/23/2003 to OS/25/2006 Cost of Suit and Title Search Subtotal $120,428.54 5,336.85 1,250.00 280.00 $ 550.00 $ 127,845.39 Escrow Credit Deficit Subtotal TOTAL 0.00 323.17 $ 323.17 $ 128,168.56 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amoWlt exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the swn of$ 128,168.56, together with interest from OS/25/2006 at the rate of$22.71 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP /' ~. ~ ~~~"... By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. UALLINAN, ESQUIRE Attorneys for Plaintiff File #: 135468 LEGAL DESCRIPTION ALL that certain lot of ground, together with the improvements erected thereon, located in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING on the North side of the Steelstown Road, which point is eight hundred eighty-three (883) feet East of the Western line between the farm now or formerly of Wayne M. Hoover and Danylu Hoover, husband and wife, and property now or fotmerly of Irvin Sheaffer and which point is further in the Eastern line of a lane leading North from the Steels town Road; thence Eastwardly along the North side ofthe Steelstown Road, one hundred forty (140) feet to a point; thence Northwardly by a line parallel to said lane, two hundred (200) feet; thence Westwardly by the line parallel to the Steelstown Road, one hundred forty (140) feet to a point on the East side of said lane; thence Southwardly along the East side of said lane; thence Southwardly along the East side of said lane, two hundred (200) feet to the place of BEGINNING. BEING the same premises which Byron G. Sterling (also mown as Byron G. Sterling, Jr.) and Dorthe 1. Sterling, husband and wife, by their Deed dated June 15, 1996 and recorded June 17, 1996 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 140, Page 1163, granted and conveyed unto G. William Henuninger, ill and Joyce G. Hemminger, husband and wife, Grantors herein. PARCEL NO. 30-07-0485-014 PROPERTY BEING: 317 STEELSTOWN ROAD File #: 135468 Exhibit "B" PHELAN HALLINAN & SCHMlEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, P A 19103 (215) 563-7000 A1)j.O,?r~!:y r'"., ., .- ',J :;;;t. .ri.! . . p" ,.A:"~:'\~~,~ COpy I Attomey for Plamtlff ,., .' L,,:;~ t BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ADS 2004-05 CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. : CML DIVISION .1(,) " .. DENNIS R. DOPORCYK : NO. O~3051 CIVIL STEPHANIE L. DOPORCYK r ATTo ~'\.. '..... 317 STEELSTOWN ROAD 1:-' t.~':':.;Yff~.E COPY'': CUMBERLAND COUNTY NEWVILLE. PA17241 '-l..f_l"";"';; ~ '.. rnf'l"., . ~_IV'i.'JPlJ . PRAECIPE FOR ENTRY OF JUDGEMENT PURSUANT TO COURT ORDER AND ASSESSMENT OF DAMAGES ~ f,;nT'; ~':".~ ~':: '~,':.:' ;;. f ~; ::.~ :~, ':' ~:' L~~'~~'\:~'X: i~'~ :.;." ~ . >:~~~ TOllIE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against DENNIS R. DOPORCYK AND STEPHANIE L.. DOPORCYK. Defendant(s) in acco~ce with the Court's Order dated 10/16106. Assess Plaintiff's damages against DENNIS R. DOPORCYK AND STlPIiANIE L. DOPORCYK as follows: . All Set forth in the Order Interest - 5125/06 -10/26/06 TOTAL $128,168.56 $3,497.34 $131,665.90 135468 (') ,..". 0 (:;;;> C c;::) "Tl -- o:::r- 5... z ~?Q ;:g l:;':: 0 i;!D ~ ...~ l ~~ i!{: .0'" :Do 0:0 :J: z~ );> (,- ....- c: \D u ~ > ......, ~ en DAMAGES ARE HEREBY ASSESSED AS lNDICATE~D. ~ DATE: >>OU. Ii. ~DOCo I , RO,P ~~IJ-J,'135lf(p8 BANK OF NEW YORK, as Trustee for the Certificateholders of CW ABS 2004-05, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W vs. NO. 06-3051 CIVIL DENNIS R. DOPORCYK and STEPHANIE 1. DOPORCYK, Defendants IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND EBERT. J.J. ORDER AND NOW, this z. id W day of October, 2006, the motion of the plaintiff for summary judgment is GRANTED and an in rem judgment is entered in the favor of plaintiff and against the' defendants, De_nnis R. Doporcyk and Stephanie 1. Doporcyk, in the amount of$128,168.56 together with interest from May 25, 2006, at the rate of$22.71 per diem and other costs and charges collectible lUlder the mortgage and for foreclosure and sale of the mortgaged property. BY THE COURT, Jenine R. Davey, Esquire F or the Plaintiff ~,4J K7' Hess, J, Marcus A. McKnight, III, Esquire F or the Defendants :rlm. VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. DATE: II J Op1 By/ ieg, LLP PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Bank of New York as Trustee for the Certificateholders of CW ABS 2004-05 ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dennis R. Doporcyk Stephanie L. Doporcyk Defendants No. 06-3051 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof were sent to the following individuals on the date indicated below. Dennis R. Doporcyk Stephanie L. Doporcyk 317 Steelstown Road Newville, P A 17241 Stephanie L. Doporcyk 40 Grahma Road Newville, PA 17241 Marcus A. McKnight III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, P A 17013 Phelan Hallinan & Schmieg, LLP DATE: I ! I 0 ( () '1 // :) By: / l:J1:lJ::i~ IC ele M. Brad ord, EsqUIre Attorney for Plaintiff (' f'J '-~) "~"'" (:J -Tl ::''J .'8m1f' ~ . , . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Bank of New York as Trustee for the Certificateholders of CW ABS 2004-05 Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dennis R. Doporcyk Stephanie L. Doporcyk Defendants No. 06-3051 RULE AND NOW, this I (. r day of <I "'-" 7 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. 'l ""'01 c./ ec..- u,.,. ....:.. . Rule Returnable Q.R ~e 1:l~'8f 2997, at at the COuilt,)' Courthouse, , r \,.t~1l1l:) y 1 v auia. BY THE COURT, 1. M ~ c:: 1- ..:r UJQ __ ( ) /-,~. ""'- .:::.-C, c.... 11:~~ 01 C) ...0 CC @O_ % ~ l.W ,.q: U-j:E :2 (~ ~ ~ ~ -7 =~~ ~ .(j) ~.. -":.7 l~rt -'S :5 () ~ r-f !<"h t t \~ ~ ~ -t~ y~~t . ~ B- , PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire A ITORNEY FOR PLAINTIFF Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York as Trustee for the Certificateholders Court of Common Pleas of CW ABS 2004-05 Plaintiff Civil Division vs. Cumberland County Dennis R. Doporcyk Stephanie L. Doporcyk Defendants No. 06-3051 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 16,2007 Rule directing the defendants to show by February 7, 2007 was sent to the following individuals on the date indicated below. Dennis R. Doporcyk Stephanie L. Doporcyk 317 Steelstown Road Newville, PA 17241 Stephanie L. Doporcyk 40 Grahma Road Newville, P A 17241 Marcus A. McKnight III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 DATE:~ o c ;;::: -at'!" 1],) (C,. ~;:~ . ,c:.., \ ;(0. -\ :::.--" t~; '- ...,::,-~' 1~'t P'C Z :2 ~ = c.:::::> --S <- ?:a Z N <..1'1 -0 3 V' W c...:> ~ ~-n rnp -0 (1\ -,1) !:-' C) . ....-.\ ,- ~.' ';~l V~\ o. ::;:; :;0 ;....:;: " ., Phelan Hallinan & Schmieg By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004-05 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 06-3051-CIVIL v. SALE DATE: MARCH 7, 2007 DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK Defendant(s ). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 Daniel G. Schmieg, Esquire, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriffs Sale was made by sending a true and correct copy by regular mail to MARCUS A. MCKNIGHT, III, ESQ., Attorney of Record for Defendant(s), DENNIS R. DOPORCYK & STEPHANIE L. DOPORCYK at 60 WEST POMFRET STREET, CARLISLE, P A 17013 on NOVEMBER 10, 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.4904 relating to the unsworn falsification to authorities. By: J 'l>,fi' 00 0'1 CO - N M j~ .... - .... .... ~J I ",.. y J! I iO:\.6 I. 3QO~cIZ Woa:l O:rll'9'W't .. 900~ 0 \. ^CN 0 1.08 \.~\7000 .:' · . 09" .'ZO.-S v{\. ~:. '.. .~ . . nM08poW<1~~ % - _ ~_ ~C~"J9 ! .' ~4od~"{' _. f l. :I I , 'I VI <:) - M t-- - .... ~ ~ ~ d 5 ~ ~ ~ ~ ""' ~ t; ~ g ~ ~ - !> ~ .... o ~ ... {::! ~ ~ ~ e ~ is i ~ ~ eJ ~~ill ~ ~ ~. ~ ~ ~ 8~~~~ ::; ~ ~ ~!':l ~ ~ ~. .....!~~ji" ~ ~ ~J 5 ..aie~ ~i~ . ~b31 < 8 .~ ~ ~ ~ <Y ~U~ t ~ ~ ~ ~ ~ &l .: I . ~.gia ~ 5 ~ Ji S'! '" !::l 15 !;j ....~ ~ ~ 8 ffi f r:: :J: < ~ ~ ~ t:: t'-- o!tl ,- . 4l.2~ j ~ ~ 8 ~ 8 ~~ ~ ~ ~ IS ~ . .. ~,,;~ f c.> ~ g " ,., GjO<: ...r ::it !j ~ ~sJl.!l- ~ t:: 0 1; 01 1i!;..0..J ..: :>i 0 . ~~~i ~ ~ ~ ~ ~ ~ ~~ ;3 8 .. ~ ~ ..<5~f ! 8 8 ~ ~ ~ ~i::l 3 ~ ! ~ ~ t .D e ::I z llJ 13 ~ ~ c:: ~ - - 'C Jo. ==-8 I>>f~ ~~o .eQ .... N M .... VI '0 ~ L- t-- - ;1if-~.-~ ~~;., (1t1~~ i!?\ \~q, k) lit' ~'Ig J.I 'a 1il I 8"1 'I-it 1) ll.ll '1~ll lilt ~ 8~~ Ii. ]II~I 1!... t" f,.. l &.~ ~ ~..~] 'S ~JJl "loa'" e- i '1~1~ :i ;~~ t!~f~! I ~ ~ is 'j- I \.0 .. M 'J! -' ~n ;\ '\A ~ ~ ~ J~ P:l 'S~ ~ r~ ta i] Q ... f"'-~ (~J -... ~3 S{l -;'"' r;~1 c-:: G; (,): ... , SALE DATE: MARCH 7. 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF No.: 06-3051 CIVIL CW ABS 2004-05 VS. DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 317 STEELSTOWN ROAD. NEWVILLE. P A 17241. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(c) on each ofthe persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~cvvuJ $i ~ DANIEL SCHMIEG, ESQ RE Attorney for Plaintiff February 5, 2007 , ~ .. , ~ V'- ~ ~ ftJ tf\ +- f' 00. Ii - .- - .- \Q ~ W t-..1 .- 0 00 ...,J 0- VI ",. w t-..1 il .... 0 ~2- > f ::l- n 0 z c :3 CT CD .., If ~ ~ i i i g ~> I I ~ () i f ~ ~~ ~ . [ 2- .go le. ~ - 0,)> en I t "'a ~ > C/.l z-< ~ .... g J t:r rf 0 I ~ ~ t'"i 0 '0 ~ pO ~ p:1 ~ ~ r" ~ ~ ~ ~5! ~ I ~ :: - en @ ~ _ C/.l ~ ~ ~ ::j \0 ..... . - 8 ~~ ~ . 8 -.J ~ ~ ... <;;) ~ ~ ~ ..., .- ! I W W frj ~ w ~ - w - 0 i 00 . >-i .- ~ - .ff ~ ...,J CI.l "!1 ~ $ w ! ~ i ~w ..... en' ~ -.J ~ '" CI.l i ...... ~ if .. ~ ~ 0, r ~ ~ d .~ ~ ';1 Q ~ tJ f. ~ ~ ~ ~ ~ ~ J; ~~ .. ~ ~ ~e; ! n~r ~ i .... ~ ln~l ~ .~ ~ 5 'r I i ~ I. i . .&; ~ ~ 7C.- ~fir ... ~ ~ - ~ ~ -J o t .- ~ - ~ ~ >- ~ :~.8 (3 f.. l i .... m ~ ll~ ~ .~ ie I~ N 0'1 -J ~J~li. ~VI I ~ fhl CLlif ~ ~ !'Il ~ ~ Ii .. :: .... ~ i. -..J '. 0 .- .- tOll ~ w .- l ~ ~ rf.~ ' . ..0< ~i'i. : '1 ~POs1-~ I nt!!; ", ~ 1~'~?~ Ij - .fuP~--- I ~-=- pnw€Y_ . $:02.150 . . 02 '1M WV10 2G06 .". . .. :. 0004218010 ODE 19'\ 03 ,; I ~ .fW MAtu:D FROM z\pC " ~. ~-~ I I Qt~ g:a~S ~ ;:z (II ~f2! o:~~ ~~~ f6z. ~i~'. !~~ ~~ ~r~ l[en cng~ ~. .~,. .... 9.' 8 e J j~ ( \G " (1 C~ ::::'. 1".." ~~~'J c;:.) -, ..,., rn CO I \.D ~ N o PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (?1 ';) ';01-7000 Bank of New York as Trustee for the Certificateholders of CW ABS 2004-05 ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dennis R. Doporcyk Stephanie L. Doporcyk Defendants No. 06-3051 MOTION TO MA.KE RIJl,E A.RSOI,TJTE Bank of New York as Trustee for the Certificateholders of CW ABS 2004-05 by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 10, 2007. 3. A Rule was entered by the Court on or about January 16,2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A" 4. The Rule to Show Cause was timely served upon all parties on January 23,2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 7,2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP ~ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (? 1 'i) 'i01-7000 Bank of New York as Trustee for the Certificateholders of CW ABS 2004-05 ATTORNEY FOR PLAINTWF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dennis R. Doporcyk Stephanie L. Doporcyk Defendants No. 06-3051 HR.-Kif IN SlJPPORT OF PI ,A INTIFF'S MOTION TO MAKE RIII,E A HSOI ,lITE A Motion to Reassess Damages was filed with the Court on January 10, 2007. A Rule was entered by the Court on or about January 16, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 23,2007 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 7,2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP ~ Exhibit" A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Bank of New York as Trustee for the Certificateholders of CW ABS 2004-05 Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dennis R. Doporcyk Stephanie L. Doporcyk Defendants No. 06-3051 AN NO 1/ ~ D W, this ~ RULE day of ~. n ~ ( 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. . IS~~ ~. Rule Returnable eft the f 1001, at . at the Count, CourthouS<.., , Pella~hania. BY THE COURT, /s/ -d~ tL ~ / , J. I fKJa: COP}' FROM RECOku n.T......, WIIenIof. I ......... my hall( 'lid tile ~ CIC said ~ II ~JIL. Pa. '* fie) i- ~ ~'r,z :J.bi> 3- ._( . ~ J~ I .......t Exhibit "B" . . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Bank of New York as Trustee for the Certificateholders Court of Common Pleas ofCW ABS 2004-05 vs. Plaintiff C\~'t ~Cv ~~ ~\\J -(\ \9-~ A(\~~/ ~(; ti-' ~ Dennis R. Doporcyk Stephanie L. Doporcyk Defendants Civil Division Cumberland County (') c <" d3FF 7f ~~'. ,...., ;" ~~,- ~2 Z --I --< No. 06-3051 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 16, 2007 Rule directing the defendants to show by February 7. 2007 was sent to the following individuals on the date o'-J ~\' " \ ~ \J tl..\ . .'. ,\ '\ \ ,p-<" \~, v, G\U / ..(.;S:,y x.. ~ \.. ~\ ~\.~~S indicated below. Dennis R. Doporcyk Stephanie L. Doporcyk 317 Steelstown Road Newville, P A 17241 Marcus A. McKnight III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, P A 17013 t~"~, c("'~~ <' ." Ji ~ <)~> ..~~. _ ~~'v ;,..<, ,. a.. ~ '.. r ~..,. ~v~' 'oj' ~v J J ~ -:2.. ) F"'\O fI\ ..~00:::" <(,~ DATE:~v Stephanie L. Doporcyk 40 Grahma Road Newville, P A 17241 r--.;, <::::) = --.. L. :::1::; :&1:: o il --f ::c~ m..!..! ,- -om :r1y ~ fo.:-; :~~? ~~ (SfTl s;! ::0 -< N U1 v :r (..) w w , , V"F.RIFICA TION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities. a~D1 Date PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. 1.0. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (11 'i) 'ihl- 7000 Bank of New York as Trustee for the Certificateholders of CW ABS 2004-05 ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dennis R. Doporcyk Stephanie L. Doporcyk Defendants No. 06-3051 CF.RTIFICA TR OF SRRVICR I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Dennis R. Doporcyk Stephanie L. Doporcyk 317 Steelstown Road Newville, P A 17241 Stephanie L. Doporcyk 40 Grahma Road Newville, PA 17241 Marcus A. McKnight III, Esquire IIWin & McKnight 60 West Pomfret Street Carlisle, P A 17013 Date:~ ichele M. Brad Attorney for Plaintiff 2 s:, -"'0 ()1 ~~.~\ ~~~ :<. fi...l c::: ... .' 'V',-' ~...c'. rC -/ '";:';\ ~ '$ :;;...t ""'1"'\ ~ ~ ~~ ~~ t) ~~ ~~. g o ~ r...> - (J!) ~ C:5 .- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Bank of New York as Trustee for the Certificateholders of CW ABS 2004-05 Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Dennis R. Doporcyk Stephanie L. Doporcyk Defendants No. 06-3051 ORnFR AND NOW, this 2. I.... day of t:~7 v\ FEe 1 & 2OOi{-f , 2007 the Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance Interest Through 3/07/07 Per Diem $22.40 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI $120,428.54 12,315.50 120.00 2,575.00 1,062.00 1,459.84 134.50 0.00 0.00 RLEi'L:-' -~"~r . 0v'rril;c OF THE PPCI:'HONOTAFW 2001 fEB 21 Mil II : 06 CII~ ~;~"-...;. ; ('II IN TY vjYO*'J_, '~" ~ '.""......,......, PEN NSYLW\N lP, NSF Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 3/07/07 through the date of sale at six percent per annum. 0.00 0.00 1,:'ill1ll:'i $139,659.03 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE CO~~ J. 135468 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which CW ABS 2004-5 Tr is the grantee the same having been sold to said grantee on the 7th day of March AD., 2007, under and by virtue ofa writ Execution issued on the 16th day of Nov, AD., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2006 Number 3051, at the suit ofCWABS 2004-5 Tr against Dennis R Doporcyk Dennis & Stephanie L is duly recorded in Deed Book No. 279, Page 1212. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~3 day of Yryvu~ ,AD. :l-Do7 ~ B Jf~ r-~ . ~CumbellandCc.n,. PA Recorder of Deeds My~l ExpIrea lie FInIt MoIldarotJln.ano Bank of New York as Trustee for the Certificate Holders of CW ABS 2004-5 VS Dennis R. Doporcyk and Stephanie L. Doporcyk In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3051 Civil Term Cpl. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 14,2006 at 1815 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Dennis R. Doporcyk, by making known unto Dennis Doporcyk, personally, at 317 Steelstown Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on December 26,2006 at 1134 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Stephanie L. Doporcyk, by making known unto Ed Hall, adult in charge for Stephanie L. Doporcyk, at 2081 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 17,2007 at 1539 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dennis R. Doporcyk and Stephanie L. Doporcyk located at 317 Steelstown Road, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Dennis R. Doporcyk and Stephanie L. Doporcyk, by regular mail to their last known addresses of 31 7 Steelstown Road, Newville, PA 17241 and 2081 Longs Gap Road, Carlisle, PA 17013, respectively. These letters were mailed under the date of January 16,2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Bank of New York as Trustee for the Certificate Holders of CW ABS 2004-5. It being the highest bid and best price received for the same, Bank of New York as Trustee for the Certificate Holders of CW ABS 2004-5, of 71 05 Corporate Drive, PIano, TX 75024, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,086.02. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 21.30 15.00 15.00 30.00 10.00 .50 1.00 25.52 Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 9.28 15.00 30.00 413.00 389.09 16.83 25.00 39.50 $ 1086.02 ./ 2J/~ 1/ b1 C).- So Answers: ?""~ ~.,~ R. Thomas Kline, Sheriff BY J~~~ Real Estate rgeant ~pA 3/)- tJD I. ;,1) &<... !J" 7 f91 ~. /ftJ6~?- I < BAl\-:K OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004-05 CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK NO. 06-3051 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004- 05, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .317 STEELSTOWN ROAD. NEWVILLE. P A 17241 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DENNIS R. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, P A 17241 STEPHANIE L. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, P A 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AGWAY ENERGY 530 E. NORTH STREET CARLISLE, P A 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) f None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 317 STEELSTOWN ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 MARCUS A. MCKNIGHT, III, ESQ. IRWIN & MCKNIGHT 60 WEST POMFRET STREET CALISLE P A 17013 I verify that the statements made in this affidavit are true and correct to the best of personal knowledge or information and belief. I understand that false statements herein are e subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsi ation to thorities. November 9. 2006 DATE bZ :Z d I Z AON qaaz ,( , ;:j I\J -~ .:11 UJ i..j S ~'; ;~~ ., ,) ._ ~ BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW ABS 2004-05 Plaintiff, CUMBERLAND COUNTY No. 06-3051 CIVIL v. DENNIS R. DOPORCYK STEPHANIE L. DOPORCYK Defendant(s ). November 9, 2006 TO: DENNIS R. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, P A 17241 STEPHANIE L. DOPORCYK 317 STEELSTOWN ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATI'EMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATI'EMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 317 STEELS TOWN ROAD. NEWVILLE. PA 17241. is scheduled to be sold at the Sheriffs Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $131.665.90 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ABS 2004- 05 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~ , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 l \ n) ~~"' o\lh \J,bO) q0\)~~\Dt , LEGAL DESCRIPTION ALL that certain lot of ground, together with the improvements erected thereon, located in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING on the North side of the Steelstown Road, which point is eight hundred eighty- three (883) feet East of the Western line between the farm now or formerly of Wayne M. Hoover and Danylu Hoover, husband and wife, and property now or formerly ofIrvin Sheaffer and which point is further in the Eastern line of a lane leading North from the Steelstown Road; thence Eastwardly along the North side of the Steelstown Road, one hundred forty (140) feet to a point; thence Northwardly by a line parallel to said lane, two hundred (200) feet; thence Westwardly by the line parallel to the Steelstown Road, one hundred forty (140) feet to a point on the East side of said lane; thence Southwardly along the East side of said lane; thence Southwardly along the East side of said lane, two hundred (200) feet to the place of BEGINNING. BEING the same premises which Byron G. Sterling (also known as Byron G. Sterling, Jr.) and Dorthe 1. Sterling, husband and wife, by their Deed dated June 15, 1996 and recorded June 17, 1996 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 140, Page 1163, granted and conveyed unto G. William Hemminger, III and Joyce G. Hemminger, husband and wife, Grantors herein. PARCEL NO. 30-07-0485-014 PREMISES BEING: 317 STEELSTOWN ROAD, NEWVILLE, PA 17241 RECORD OWNER Vested By: Special Warranty Deed, dated 3/31/1999, given by G. William Hemminger, III and Joyce G. Hemminger, husband and wife to Dennis R. Doporcyk and Stephanie L. Doporcyk, husband and wife and recorded 4/1/1999 in Book 196 Page 936 b Z :Z d I Z ^ON GOOl C J i" '. _:~. i ~ ! .i::l!d3HS ~,:LL ~iU ~:,!J:: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3051 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW ABS 2004-05, Plaintiff (s) From DENNIS R. DOPORCYK AND STEPHANIE L. DOPORCYK (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $128,168.56 L.L. $.50 Interest - 5/25/06 TO 10/26/06 - $3,497.34 - INTEREST FROM 10/26/06 TO 3/7/07 (PER DIEM - $21.64) - $2,856.48 AND COSTS Atty's Comm % Atty Paid $141.84 Plaintiff Paid Due Prothy $1.00 Other Costs $5,754.50 Date: NOVEMBER 16, 2006 Curtis (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 ,~\ Real Estate Sale # 46 On November 29,2006 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, P A Known and numbered as 317 Steelstown Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 29,2006 By: A.ur(. --' I Jo~~ ()~ Real Estate Sergeant bZ :Z d I Z AON qOOl . - - ~ .::l.:lPn S ,11 :.J . . '" ~ '~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co" a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317, PUBLICATION COPY S ALE #46 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: January 26, February 2 and February 9,2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 46 Writ No. 2006-3051 Civil Bank of New York as Trustee for the Certificate Holders of CWABS 2004-05 vs. Dennis R Doporcyk and Stephanie L. Doporcyk Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain lot of ground. together with the improvements erected thereon. located in North Newton Township. Cumberland County. Pennsylvania. more par- ticularly bounded and described as follows: BEGINNING on the North side of the Steelstown Road, which point is eight hundred eighty-three (883) feet East of the Western line be- ,-._.. _.__ ....'1-_ -C-.__ _.__._ .&-_--1.... --~. AL SEAL LOIS E. SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commission Expires March 5, 2009