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Home My WebLink About06-3291PHELAN 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 136060 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-2 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. AMANDA J. MASON 55-57 WEST BIG SPRING NEWVILLE,PA 17241 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ?7 / NO.O1o --3.291 l=.IUUI,??/2>+? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 136060 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File N: 136060 Plaintiff is THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-2 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: AMANDA J. MASON 55-57 WEST BIG SPRING NEWVILLE,PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/21/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1927, Page: 5045. 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 02/01/2006 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 #: 136060 6. The following amounts are due on the mortgage: Principal Balance $95,740.98 Interest 2,683.92 01/01/2006 through 06/08/2006 (Per Diem $16.88) Attorney's Fees 1,250.00 Cumulative Late Charges 119.36 10/21/2005 to 06/08/2006 Cost of Suit and Title Search 550.00 Subtotal $ 100,344.26 Escrow Credit 0.00 Deficit 1,117.67 Subtotal $ 1,117.67 TOTAL $ 101,461.93 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 101,461.93, together with interest from 06/08/2006 at the rate of $16.88 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: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 136060 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northeast corner of Lot No. 14 on Railroad Street; thence by said street, North 16 3/4 degrees East 40 feet; thence by Lot No. 16, North 75 3/4 degrees West 129 1/4 feet to Liberty alley; thence by said alley, South 65 3/4 degrees West 60 2/3 feet; thence by Lot No. 14, South 75 3/4 degrees East 174 2/3 feet to the place of BEGINNING. Known as 55-57 Big Spring Avenue. BEING the same premises which Richard Rhoads, single man, by his Deed dated June 16, 2003 and recorded in Cumberland County, Pennsylvania Deed Book 257, Page 3242, granted and conveyed unto Dawn M. Shughart, married woman, Grantor herein. PARCEL NO. 28-20-1754-062 File #: 136060 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 unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff e? t DATE: WE 60 JJ 0 rry ? N IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY THE BANK OF NEW YORK, ET. AL., CIVIL DIVISION Plaintiff Case No.: 06-3291 VS. AMANDA J. MASON, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $3,680.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff s complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yourick, J squire P.O. Box 644, Murrys ille, PA 1 (412) 243-5698 Pa. ID # 00245 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. Frank E. Yourick, Attorney for Defe CERTIFICATE OF SERVICE I certify that on the 3rd day of July, 2006,1 served a copy of the Answer to Plaintiff's Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 V Frank E. Yourick, Esquire Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 ' i"J ? ' ? \ f` _ f r ? ?: ? K C..? _ ..? , ? F V, ? ?y '. ,, _ 1, Yr -s; t.p CASE NO: 2006-03291 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS MASON AMANDA J WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MASON AMANDA J DEFENDANT was served upon the at 1030:00 HOURS, on the 15th day of June , 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to AMANDA MASON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.561/ 07/10/2006 ay,(,t?, PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: Ile before me this day Deputy Sheriff of A. D. ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03291 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS MASON AMANDA J R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MASON AMANDA J but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July 10th , 2006 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Franklin Co 31.10 Sheriff of Cumberland County Postage 2.07 58.17 07/10/2006 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania The Bank of New York vs. Amanda J. Mason @Mercersburg No. 06-3291 civil Now, June 13, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the County, PA CASE NO: 2006-00161 T SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN BANK OF NEW YORK VS AMANDA J MASON WILLIAM D MCCOY Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE MASON AMANDA J DEFENDANT the at 0014:20 Hour, on the 23rd day of June , 2006 at 9801 FOREST RIDGE ROAD SHIPPENSBURG, PA 17257 by handing to ALBERT MASON (FATHER) a true and attested copy of COMP MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 WILLIAM D MCCOY .00 .00 By ---- 1 .00 puty Sheriff .00 06/26/2006 PHELAN HALLINAN AND SCHMIEG Sworn and Subscribed to before me this ?c day of &00 A. D. Not?ir Y was served upon Notarial Seal Richard D. McCarty, Notary Public Chambersburg Som, Franklin County My Commission Expires Jan. 29, 2007 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03291 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS MASON AMANDA J R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MASON AMANDA J but was unable to locate Her deputized the sheriff of FRANKLIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July loth , 2006 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 6.00 So answers:,, Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ?/? y?Of. 07/10/2006 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. 1? The Court of Common Pleas of Cumberland County, Pennsylvania The Bank of New York vs. Amanda J. Mason @ Shippensburg No. 06-3291 civil Now, June 13, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at within o'clock M. served the upon at by handing to a and made known to Sheriff of Sworn and subscribed before me this day of , 20 copy of the original So answers, the contents thereof. COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA SHERIFF'S RETURN - REGULAR CASE NO: 2006-00161 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN BANK OF NEW YORK VS AMANDA J MASON WILLIAM D MCCOY Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE MASON AMANDA J DEFENDANT was served upon the , at 0014:20 Hour, on the 23rd day of June , 2006 at 9801 FOREST RIDGE ROAD SHIPPENSBURG, PA 17257 ALBERT MASON (FATHER) by handing to a true and attested copy of COMP MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 n^ . V %j Sworn and Subscribed to before me this day of &00 _ A. D. Not ry So Answers: WILLIAM D MCCOY ( I --- Dtputy Sheriff 06/26/2006 PHELAN HALLINAN AND SCHMIEG Notarial Seal Richard D. McCarty, Notary Public Chambersburg Soro, Franklin County My Commission Expires Jan. 29, 2007 PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R. DAVEY, ESQUIIZE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21_S)563-7000 The Bank of New York, As Trustee For The Holders Of The GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff VS. Amanda J. Mason 55-57 West Big Spring Newville, PA 17241 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 06-3291 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: There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rnm judgment in this mortgage foreclosure action. 3. Defendant has admitted that the mortgage is in arrears in paragraph two (2) of her Answer, therefore, summary judgment is appropriate as is further addressed in Plaintiff's attached Brief. 4. Defendant, Amanda J. Mason, has filed an Answer to the Complaint in which she has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 5. Pennsylvania Rule of Civil Procedure 1029 provides that averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. 6. Defendant has failed to sustain her burden of presenting facts, which contradict the averments of Plaintiffs Complaint. 7. In her Answer, Defendant failed to deny the default, amounts due, mortgage and Plaintiff's A compliance with Act 6 of 1974 and Act 91 of 1983, therefore she is deemed to have admitted all allegations of Plaintiff's Complaint. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendant's Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 8. Defendant 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. 1927, Page 5045, 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 A 1. 9. By Assignment of Mortgage recorded August 14, 2006, the Mortgage was assigned to The Bank of New York As Trustee For The Holders Of The GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2, which Assignment is recorded in Assignment of Mortgage Book No. 0729, Page 2760. A true and correct copy of the Assignment to The Bank of New York As Trustee For The Holders Of The GE- WMC Asset-Backed Pass-Through Certificates, Series 2005-2 is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 10. The Mortgage is due for the February 1, 2006 payment, a period in excess of seven months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 11. 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 Defendant a letter notifying her of her default and of Plaintiffs intent to foreclose. A true and correct copy of the letter is attached hereto, made part hereof, and marked Exhibit E. 12. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendant has failed to meet with an authorized credit- counseling agency in accordance with Plaintiffs written notice to Defendant. A true and correct copy of the Notice of Homeowner's Emergency Mortgage Assistance Program is attached hereto, made part hereof, and marked Exhibit E. 13. In her Answer, Defendant has alleged that the amount necessary to cure the arrears is $3,680.00, which should be paid within ninety (90) days. Defendant is incorrect and has produced no proof in support of her allegations. 14. Plaintiff provided Defendant with a reinstatement quote on September 20, 2006, but Defendant has failed to cure her arrears. The amount necessary to bring the Mortgage current through October 13, 2006 was $10,162.79. A true and correct copy of Plaintiffs reinstatement quote is attached hereto, made part hereof, and marked as Exhibit F. 15. Defendant's allegations are not a defense to the foreclosure action. Defendant has the right to reinstate and / or payoff the loan up until one hour before a scheduled Sheriffs Sale. 16. 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 sheriff s sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. 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: ?b 5 li0 Respectfully submitted, AN HALLINAN & SCHMIEG, LLP PH , , LL, Jeni R. Davey, Esquire Atto ey for Plaintiff EXHIBIT A (Page 0 0 After Recording Return To: WMC MORTGAGE CORP, - POST CLOSING ?l 1 RAMLAND RD Attn: (Equity Services) Phone: { ) - Prepared By: JESSIE MOSHIER u i 0 CERTIFIED C0l`'? 0" 0m1^- ?6hAL WMC MORTGAGE CORP. 6320 CANOGA AVENUE 10TH FL (MAILROOM) WOODLAND HILLS, CA 91367 Propperty Address: 55 57 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 PIN. 28201754062 (Space Above This Line For Recording Data) MORTGAGE MASON Serv #:11359260 Loan #: 11359260 DEFINITIONS MIN: 100136300113592603 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 38, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated October 21, 2005 , together with all Riders to this document. (B) "Borrower" is AMANDA J MASON Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns, MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is WMC MORTGAGE CORP. Lender is a Corporation organized and existing under the laws of CALIFORNIA Lender's address is P.O. BOX 54089, LOS ANGELES, CA 90054-0089 (E) "Note" means the promissory note signed by Borrower and dated October 21, 2005 The Note states that Borrower owes Lender Ninety-Five Thousand Nine Hundred Twenty And 00/100 Dollars (U.S. $ 95, 920.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2035 (1G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." PENNSYLVANIA--Sing)e Family-Fannie Mae/Freddie Mac UNIFORM WSTRUMENT Farm 3039 1/01 (page / of 14 pates) DOCUKPAI rv-t,-.t -Y 09/0612005 !III*Iwfill lcll*l((I0 0 1111 3 519 2I6 01K PA 0 0 1180 1114 2 0 0 5111110 2111(I1 I5 I11t7 3 2II+!1111 (Page 2 of 21)? • • 11359260 11359260 (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. (H) "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 applicablej: Q Adjustable Rate R^ dc. C Corl4VnliLlun-. Rider ? ?`lvI ili% iJdt- ? Balloon Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ® 1-4 Family Rider ? Other(s) (specifyl (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) "Community 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. (K) "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 terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "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. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq,) and its implementing regulation, Regulation X (24 C.E.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 that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants 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 MFRS the following described property located in the COUNTY Of CUMBERLAND [Type of Recording Jurisdiction) [Name of Recording Jurisdiction] LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AND KNOWN AS EXHIBIT 'A'. PENNSYLVANIA--Single Family?Fanrde Mac(Freddie Mac UNIFORM INSTRUAIF.NT Farm 3039 Vol (page 2 of 14 pages) DOCUKPAi nocvlvu.vrx 0e/25/2005 ulI*Iwfill C*IINI0011[I113 519 2 6 0!KP!A0020114200!51111102N,111115111t?11331hNlil (Page 3 of 21) 0 0 LAWYERS TITLE INSURANCE CORPORATION NATIONAL HEADQUARTERS - RICHMOND, VIRGINIA SCHEDULE A CONTINUED ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEG24NING at the northeast corner of Lot No. 14 on Railroad Street; thence by said street, North 16 3/4 degrees East 40 feet; thence by Lot No. 16, North 75 3/4 degrees West 1291/4 feet to Liberty alley; thence by said alley, South 65 3/4 degrees West 60 2/3 feet; thence by Lot No. 14, South 75 3/4 degrees East 174 2/3 feet to the place of BEGINNING. Known as 55-57 Big Spring Avenue. BEING the same premises which Richard Rhoads, single man, by his Deed dated June 16, 2003 and recorded in Cumberland County, Pennsylvania Deed Book 257, Page 3242, granted and conveyed unto Dawn M. Shughart, married woman, Grantor herein. Schedule "A" Continued - Commitment No. 11783.1 (Page 4 of 21) 11359260 11359260 which currently has the address of 55 57 WEST BIG SPRING AVENUE [Street) NEWVILLE , Pennsylvania 17241 ('Property 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 agrees 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, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security I nstrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and [.ender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note, Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, ar entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do 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 now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described ire tits 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; (e) 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. PENNSYLVANIA-Single Family-Fannie MadFreddie Mac UNIFORM INSCRUMENr Form 30391101 (pare 3 of 14 pag-) AOCUKPA3 00 UFA3.VTa 06/75/2005 fit I I[if fill H fill 1111111111 U1111111111111111 fill 1111111111111111111111111111111111111111111111111111110 IIIUf111111111111 fill X11 I11 *WMC* 0011359260KPAOO30142O051021151733 (Page 5 of 21) 11359260 11259260 If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. T: :hC C:aO n: that any :.,;:wo w.1JW au..i il'i:. Y«y Aldrii i5 «ppii::d to the fUii N«jnicr?t Of Jli:. or iiiurt f c;1JNtC 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 shalt 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) loasehold 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 durin g 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 Linder and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be. deemed to be a covenant and agreement contained in 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. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow items or otherwise in accordance with Applicable Law. The funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits 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 shall 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 than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM It MLIMgw Form 3039 J V1 (page t of 14 pager) 00cuKPA4 DOCUXP.%4.VTX 09/25/7005 Ill I*IWIMCII*It110 0 1111113 519 2 610 KIP film 111111111111111111111 0I4 01114 2?0 0 51110 2U1?11I511117134 T'I) ril (Page 6 of 21) • 11359260 11359260 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. ?. charges; Lf ras. UViivwCi shall pay ail iaACJ, iIJJCJJ1UCtl lJ, Gllal gCJ, i1ftCS, alit; 1111pVJIUuils attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security 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 performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 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. Tf 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, PENNSYLVANIA--Single Family-Fannie Mae/Freddie Ntac Un7FORM INSTRUMEW Form 3039 1101 (page 5 of 14 pages) DOCUKPA5 OOC1JKPA5.V7X 00/25/2005 III 111111111111111 urrlnunn?rruunr?nrlumnr 11111111 11111111111111111111111 till III III *WMC* 0011359260KPA00501420051021151734j (Page 7 of 21) 0 0 11359260 11359260 any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to r c t:i'3 3diiS?iiCilVi1, ?rL'JiG?u a oi:Cu vP.iptlj?. L... j? " ",id • ' :-,a, '• iiiSii?:GiiOii u'-uunu 'V,; ui7u J %ituiwl iii .'Iisbur,.;, p:CcC',.°,d:; 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 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note 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 Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control, 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent eave materially false. misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security PENNSYLVANIA-Singre Fanuly--Fannfe MadFreddie A7ac UNIFORM INSTRUMENT Form 30391/01 (page 6 of 11 pages) DOCUKPA6 DOCUXPA6. VTX 06/25/2005 IIII*IwNll?llCll*III10011E1113 519 216 0KIPIA00610111412005111110112 1111115 11173511@11 II! (Page 8 of 21) • 11359260 11359260 Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing thn valt!c of the Properny ?rd securinn an J.r ,c. airi- th. Pr- ny. 1 Lender'! arti- ran innh1d,! tut are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing 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 liability 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. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. 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 substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due 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-refundable, notwithstanding the fact that the Loan is ultimately paid in full, 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 for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, undi Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers 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 modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). PENNSYLVANIA.-Singre FatnUy-Fannic MadFreddic Mac UNIFORM INSTRUMENT Form 3039 [/01 (Me 7 of 14 pas-) POCUKPAI aocUKPA7.Vrx 08/2512005 11111111111111111111NtlIIIilNllllll11111!1111111lA II111I11111111111lIl111111f1tlllllllllll111t11l11111111I1t1111111fIU l If! *WMC* 0011359260KPA00701420051021151735V (Page 9 of 21) s • 11359260 11359260 As a result of these agreements, lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be 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 1 ender take. _ :har., of th° ins;:re. ,. ..°.1: :r1 ....char.^-e fC. .. cha.,. :f ',h-- pre iium: pz: d .0 tic arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund 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. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less, than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. PENNSYLVANIA--Single Family-Fannie MadFreddie Mae UNIFORM INSTRUMENT Form 30391101 (pare I of It pates) DOCUXPAE ooCV1FA@.VTX as/35/7005 III!*flWMICIi*III100111111 35192I6OKIPIIA0 0 810 1114120 0 51f11I0211f'I1,111511117131611UI1III (Page 10 of 21) • is 11359260 11359260 Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling t11ut, - Le.-,4 -'- ?t;u-::,cn , P,:,C!,jdC5 lull ii iri 3f the !?rcpG,y rr ;.thai iraiiLrial "ripalrraen, Jf Lzi,dar'; ii tare3i in the Property 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. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lander shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co- signs this Security 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 accommodations with regard to the terms 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 benef)ts'under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted 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. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security 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 PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTR[J,YtENT Form 3039 JAI (page 9 of 14 pages) DOCUKPA9 1)0CV7DA9. VTX 01/23/2005 !II If 111111111111111111lII11111111i11tU111In 111111111IU11II111111111111II1If 11111111111111111II111p1111lI11111111fill III III *NMC* 0011359260KPA00901420051021151736B (Page 11 of 21) • • 11359260 11359260 by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by 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 Fcport a chiangr, of adu'ress it rougii. ihai sp o6iiiGU Niccedoie- T liclG linty UC vuly U/ie UCS1gtlatcd UUiiue audlubs under this Security Instrument at any one 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 Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other 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 IS within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of 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, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security 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 co ntinue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or PENNSYLVANIA.-Sing1c Fatuity.-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 10 oj1I pager) aocUKPAIo twcvtv/u.VTX 0e/2s/2005 ill t*MC* IW fill IIt1100111tf1t3 519 2 6'0 K?PtIA 01+0 011t4?2 0 0 51i110Z1111!'ll5 117 3 7t1111I1t (Page 12 of 21) 11359260 11359260 (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the i I tc (:v?: till i wit.", :iii; -Security Lis: ument) car, be sold one or more times without prior notice to Dorrower. 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 sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other 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 by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, 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 the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup, Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental 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 normal 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 (e) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA-Single Famfly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page /I of 14 pages) nOCUKPAI I DOCUXPAa.VTX 08125/2005 !II II*IPl1M ICII*III10 0 !1111 3 514 2?6?0 KIP A 0111f 1h01114?2 0 0 51111102111115(1117 3 7 511 ill (Page 13 of 21) 0 0 11359260 11359260 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) t: r do utt; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred 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 sheriff s sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. H PENNSYLVANIA-Singfe Family--Fantle Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 11 0114pagei) DOCUKPA12 nOCOgAC.VTX 01/25/Zoos 11111111111111 III IIIIIIIIi1111lIfill If If 111IIIIII11111111111111i111II111A111INIIIIIUilllilt II IIIIIII11111111111111111111 *WMC* 0011359260KPA01201420051021151T38r (Page 14 of 21) 4 0 `J 11359260 11359260 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. Borrower - AMANDA J MASON - Date - " PENNSYLVANIA--Singic Family-Fannie Mac/Freddie Mac UNIFORM INSTRUMENT Form 3039 I/DI !page IJ of 14 paga) DOCUKPA13 OOC07PAD.VTX 00/25/2005 illI*IwQll?llCli*III1O0I1r11 35I9260K+PAOI1 3011142005II102II1I11I51f11 7 3 18111At1f1 (Page 15 of •21) 11359260 11359260 (Space Below This Line For Acknowledgment) Commonwealth of Pennsylvania County of On this the ,:%, .i da of 1 /i [ before me !.'T;' r the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person(s) whose name(s) subscribed to the within instrument and acknowledged that executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. I'LL -1 COMMONWE LU1' PENNSYLVANIA No P blic l Notarial seat (. Mary M. Price. Notary Public z ; Carlisle Soro. Cumberland County C',' ci; L? r> ) i My Commission Elres Aug. 18, 2007 Title of O leer M. r, pewsvtvaMa Assoaallan of Notaries My Commission Expires: CERTIFICATE OF RESIDENCE: 1 do hereby certify that the correct address of the within-named tender is P.O. BOX 54089, LOS ANGELES, CA 90054-0089. Witness my hand this 21st day of October, 2005 Agent of ! gender PENNSYLVANIA-Sin;le Family--Fannie Mse/Freddte Mae UNIFORM INSTRUitirEW Fwm 30391/01 (page 14 of 14 paau) DOCUKPAU OocvxpAa.VTX 00/$5/3005 1!I !*lwIl01C11*i111001111113 519 2'6 0 K PIA 01114101114f2?0 0 5i11?0 2 1N11511117?3 9 811(11 (Page 16 of •21) 40 0 ADJUSTABLE RATE RIDER (6-Month LIBOR Index - Rate Caps) (First Business Day of Preceding Month Lookback) MASON Serv #:11359260 Loan A: 11359260 MIN: 100136300113592603 THIS ADJUSTABLE RATE RIDER is made this 21st day of October, 2005 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 secure the Borrower's Adjustable Rate Note (the "Note") to WMC MORTGAGE CORP. (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 55 57 WEST BIG SPRING AVENUE, NEWVILLE, PA 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 rate of 6.350 96. The Note provides for changes in the interest rate and-the monthly payments, as follows: 4. INTEREST RATE AND MONTHL i ?nYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of November, 2007 and may change on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." MULTISTATE ADJUSTABLE RATE RIDER 64vtonth LIBOR Index (First Business Day Lookback)--Single Fanuly-- Docu"I gage 1 of 3 V0CtMQ61.VTX OIY25/2005 t1111111111llillllllllli1U1111III1111if 1111111111111111111111111111111111IJIlIIIIIIiIlAl111lI1U11111111111111t111111111111 *WMC* 0011359260D4600100320051021151739< (Page 17 of 21) 11359260 11359260 (B) The Index Beginning with the First Change Date, my interest rate will be based on an Index. The "Index" is the six month London Interbank Offered Rate ("LIBOR") which is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market, 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 which 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 Five and Seven-Eighths percentage point(s) ( 5.875 %) to the Current Index. The Note Holder will then round the result of this addition to 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. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.350 % or less than 6.350 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point(s) ( 1 .000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 12 .850 %, or less than 6. 350 %. (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 the 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 rate 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 Section 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 no., 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 in-mediate payment in full of all sums secured by this Security Instrument. Ho .-v.,er, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 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 MUL77STATE ADJUSTABLE RATE RIDER 6-Month LIBOR Index (First Business Day Lookback)--Single Family.. oaawtP?vrx oaias/zoos Pap 2 of 3 111 i*IWIIM ICIt*1111101101111113519 2610 D11a?6?0 0 2 0 0 3 2 0 0 511111021(,1111115111i34101N11III (Page 18 of 21) • 0 11359260 11359260 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable bate icluci. Borrower - AMANDA J MASON - Date MULTISTATE ADJUSTABLE RATE RIDER 6-Month LIBOR Index (First Business Day Lookback)--Single Family-- O V D?. VTx 08/25/2005 Page 3 of 3 IllII*lwmICIi*III10011f11 35192I6101DIQ61003003Z005111110Z1111111f5U1117141(1111$liil! (Page 19 of 21) Cl E 1-4 FAMILY RIDER (Assignment of Rents) LoanNt: 113$9260 servicing 6: 11359260 KIN: 100136300113592603 THIS 1-4 FAMILY RIDER is made this 21st day of October, 2005 , 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 secure Borrower's Note to WMC MORTGAGE CORP. (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 55 57 WEST BIG SPRING AVENUE, NEWVILLE, PA 17241 [Property Address] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or h ereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, ail of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in- the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." MULTISTATE 1.4 FAMILY RIDER--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 31701/01 0111 1 .v:x °./zs/:°°'1111111111111111111111111iiltllll111l11/iflM1,1111?1i111111111111111111111111111n1[1111II111111110111111111111111111111111111 *WMC* 0011359260R4AO0100320051021151741{ (Page 20 of 4 21) 0 0 11359260 11359260 B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in,'writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would pi-event Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However. Lender, or Lender's agents or a judicially appointed receiver, may do so at any time MULTISTATE 14 FAMILY RIDER-Fannie Mae/Freddll!e Mac UNIFORM INSTRUMENT Form 3170 IMI saWcaA VWX 00/25/20011111IFEllIIIIiiII111111111IIIIIIIIIIIIt?l1111111(lNI111111111111!lNI1II1111111l11111111111111111l11111111111111A111111 *WMC* 0011359260R4AO02003200510211517420 (Page 21 of 21) • 9 11359260 11359260 when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. 1. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terns and provisions contained in this 1.4 Family Rider. - Borrower - AMANDA J MASON - Date - MULTISTATE 1-4 FAMQ.Y RIDER-Fannie Mac/Freddic Mac UNIFORM INSTRUMENT Form 31701/01 > WWx 06/25/20011111111111111111 ir111uuunnuullifii?i1111 (81111111I11111111111IllltllIIIIIIIIInIIIIIIfillllllllI)11111111111111111 *WMC* 0011359260R4AO03003200510211517429 EXHIBIT Al (Page 2 of 6) • ADJUSTABLE RATE NOTE (6-Month LIBOR Index - Rate Caps) (First Business Day of Preceding Month Lookback) MASON Serv #: 11359260 Loan is 11359260 MIN: 100136300113592603 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 I MUST PAY. October 21, 2005 CARLISLE Pennsylvania [Date] [City] [State] 55 57 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 95, 920.00 (this amount is iL called "Principal"), plus interest, to the order of the Lender. The Lender is WMC MORTGAGE CORP. . 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 called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.350 ??o. The interest rate I will pay will 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. I will make my monthly payment on the 1st day of each month beginning on December 1, 2005 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on November 1, 2035 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 6501 IRVINE CENTER DRIVE, IRVINE, CA 92618 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S 596.85 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 will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of November, 2007 , and may change on thai day every 6th 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 interest rate will be based on an Index. The "Index" is the six month London Interbank Offered Rate ("LIBOR") which is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market, as published in The Wall Street Journal. The most recent Index MULTISTATE ADJUSTABLE RATE NOTE - 6-month LIBOR Index (First Business Day Lookback) - Single Family - Page 1 of 4 ?V?.VTx 06/25/2005 III1*IIWII11?I01II1001,1111113519216OIDPITY00110042005111110121Q,IIII1 5f1,11121I27 ell111 (Page 3 of 6) 11359260 11359260 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 which 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 Five and Seven-Eighths percentage point(s) ( 5.875 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will he 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. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.350 % or less than 6.350 Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point(s) ( 1.000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 12.850 %, or less than 6.350 %. (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 the 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 rate 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 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 full Prepayment or partial Prepayments without paying a 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 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 rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (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 Prepayment. 7. BORROWER'S FAILURE TO 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 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. MULTISTATE ADJUSTABLE RATE NOTE - 6-month LIBOR Index (First Business Day Lookback) - Single Family - DOCUDPY2 Page 2 of 4 - 0ocv13PY2.. 08/25/2005 Ili1*IWM1CII*tIIII011011p1?35192160DIPITY01020042?00511111012p,111111511110112119111b11111 (Page 4 of 6) 0 • 11359260 11359260 (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder 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 immediately in full 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, any notice that must be given to me under this Note will be 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 address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one 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 the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a 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 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. MULTISTATE ADJUSTABLE RATE NOTE - 6-month LIBOR Index (First Business Day Lookback) - Single Family - D000DPY3 Page 3 of 4 OOCWPTa.vrx 04/25/2005 IHI*IWMlcil*1lII100111,111111351912116IIIDII1DPIIIY00300421005111111021U,111111[Sll1l7l291x lil (Page 5 of 6) is • 11359260 11359260 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. o Borrower - AMANDA J MASON - Date (Sign Original Only) MULTISTATE ADJUSTABLE RATE NOTE - 6-month LIBOR Index (First Business Day Lookback) - Single Family - DOCUDPY4 page 4 of 4 OOCVDPY4.vtX 09/25/2005 QI I*I Wi mI ICIt*1111001111,1113 5? 9 2610 DI PI Y 0 0 4 0 0 4 1191111111 1?0 2u1111115i111Y111310f l4 111111 (Page 6 of 6) 0 ! ADDENDUM TO NOTE PREPAYMENT PENALTY - FIRST ( 2 ) YEARS OF NOTE Servicing 8: 11359260 Loan Number: 11359260 This Addendum is made this 21st day of October, 2005 , and is incorporated into and shall be deemed to amend and supplement the Note of the same date given by the undersigned (the "Borrower") to WMC MORTGAGE CORP. (the "Lender") covering the property described in the Security Instrument and located at: 55 57 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 (Property Address] To the extent that the provisions of this Prepayment Note Addendum (the "Addendum") are inconsistent with the provisions of the Security Instrument and/or the Note, the provisions of this Addendum shall prevail over and shall supercede any such inconsistent provisions of the Security Instrument and/or the Note. Section 5 of the /Vote is amended to read in its entirety as follows: BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A prepayment of all of die unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment". Except as provided below, I may make a full prepayment or a partial prepayment at any time. If the original principal amount of this loan is $50,000 or less, I may make a full or partial prepayment without paying any penalty. However, if within the first Twenty-Four ( 24 ) months after the execution of the Note, I make any prepayment(s), the total amount of which exceeds Twenty percent (20.000 `Y0) of the original principal amount of this loan, I will pay a prepayment charge in an amount equal to the payment of Six ( 6 ) months' advance interest on the amount by which the total of my prepayment(s) within that 12-month period exceeds Twenty percent ( 20.000%) of the original principal amount of the loan. If I make any partial prepayment, I must still make each later payment as it becomes due and in the same amount. In the event that I prepay this loan with proceeds from a loan made by the same Lender as noted above, I will n required to pay a prepayment penalty. Borrower - AMANDA J MASON - Date ' PAI pP?(E)(N?JN?,?S?7YLVANIA - Addendum to Note B%W3S.VTX 011/25/2005 All 111111111111111111111111111 Nt?1t511111111111111111111 plt*IwllM1ctt*Ittt00,1t11 3 5t9 2?6 o A 513 0 0 11 002005021730M EXHIBIT A2 t ?) (110 1? ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc., as nominee for WMC Mortgage Corp." hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1•.00) lawful money unto it in hand paid by The Bank of New York, as Trustee for the Holders of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2, "Assignee" at the time of execution 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 Amanda J. Mason to Mortgage Electronic Registration Systems, Inc., as nominee for WMC Mortgage Corp., bearing the date 10/21/05, in the amount of $95,920.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 10/24105 in the County of Cumberland, Commonwealth of Pennsylvania, in Mortgage Book 1927 Page 5045. Being Known as Premises: 55-57 West Big Spring, Newville, PA 17241 Parcel No: 28.20-1754-062 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 behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said "Assig=of used its orporate Seal to be herein affixed and these presents to be duly executed by its proper officers this 20__Q?. Mortgage Electronic Registration Systems, Inc., as nominee for WMC Mortgage Corp. B y: Sealed and Delivered Vic resident in the presence of us; Attest: Llwe_ BCIIS e, Vice President State of ? ? SS. County of ?r 5 On th is_JIL day of 20A before me, the subscriber, personally appeared who acknowledged himtherself to be the SIL, Vice President of Mortgage Electronic Registration Systems, Inc., as nominee for WMC Mortgage Corp., and mat he/she, as such 5-r-_ Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my ha and official seal. Laura Herrera Stamp/Seal: Notary Public State of Texas Notary Public My Commission Expires 06-14-2008 The precise address of the After recording return to: within named Assignee is: PHELAN HALLINAN 8c SCHMIEG, L.L.P 4828 Loop Central Drive One Penn Center Ilousto 71081 1617 J.P.K. Blvd., Ste.1400 - 7/22/06 By: a Ul1Pn _ Philadelphia, PA 19103-1814 Document Execution (For Assignee) 14920144 rff?W LEGAL DESCR[MON ALL THAT CERTAIN lot of ground situates its the Borough of Niewville, Cumberland County, PennsyIvania, bounded and described as follows- BEGINNING at the northeast comer of Lot No. 14 on Railroad Sheet; thence by said street, North M 314 degrees East 40 foot; thence by Lot No. 16, North 75 3/4 degrees West 129 1/4 feet to Liberty alley; thence by said alley, South 65 314 degrees West 60 213 feet; thence by Lot No. 14, South 75 3/4 degrees East 174 213 feet to the place of BEGINNING. Known as 55-57 Big Spring Avenue. BEING the same premises which Richard Rhoads, single non, by his Deed dated dune 16, 2003 and recorded in Cumberland County, Pennsylvania Deed Book 257, Page 3242, granted and conveyed unto Dawn N. Shughart, mrried woman, Grantor herein. PARCEL NO. 28-20-1754-062 G` C 7'3 CD CM U1 be ie,C°rdA I Cextl y nty P cr?altd Cou ?t1 Cum File N. 136060 0729PG2761 EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY,TUDGMF.NT STATE OF TEXAS ) ss. COUNTY OF HARRIS ) Yolanda Hall, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of FC Specialist at Litton Loan Servicing, LP, 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 Defendant have been credited to Defendant accounts. 5. Defendant mortgage payments due February 1, 2006 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage are correctly stated as follows: Principal Balance $95,740.98 Interest $2,666.40 January 1, 2006 through June 8, 2006 (Per Diem $16.66) Attorney's Fees $1,250.00 Cumulative Late Charges $119.36 October 21, 2005 to June 8, 2006 Cost of Suit and Title Search $550-00 Subtotal $100,326.74 Escrow Credit $0.00 Escrow Deficit $1,117-6i7 TOTAL $101,444.41 7. Mortgagor has failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff 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 Defendant and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its interests. A&M Z4 " me: 0/Az,1 G46t l-f? C l Title: S??G? (its (-- Litton Loan Servicing, LP SWORN TO AND SUBSCRIBED BEFORE ME THIS -'62 DAY OF J()La 2006. NOTARY PUBLIC BRENDA MCKINZY ? Notary Public, State of Texas My Commission Expires November 14, 2006 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 136060 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-2 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. AMANDA J. MASON 55-57 WEST BIG SPRING NEWVILLE, PA 17241 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 136060 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 136060 1. Plaintiff is THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-2 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: AMANDA J. MASON 55-57 WEST BIG SPRING NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/21/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1927, Page: 5045. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2006 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 #: 136060 6. The following amounts are due on the mortgage: Principal Balance $95,740.98 Interest 2,683.92 0l /01 /2006 through 06/08/2006 (Per Diem $ I6.88) Attorney's Fees 1,250.00 Cumulative Late Charges 119.36 10/21/2005 to 06/08/2006 Cost of Suit and Title Search 550.00 Subtotal $ 100,344.26 Escrow Credit 0.00 Deficit 1,117.67 Subtotal $ 1,117.67 TOTAL $ 101,461.93 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 has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 10 1,461.93, together with interest from 06/08/2006 at the rate of $16.88 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: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attomeys for Plaintiff File #: 136060 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northeast corner of Lot No. 14 on Railroad Street; thence by said street, North 16 3/4 degrees East 40 feet; thence by Lot No. 16, North 75 3/4 degrees West 129 1/4 feet to Liberty alley; thence by said alley, South 65 3/4 degrees West 60 2/3 feet; thence by Lot No. 14, South 75 3/4 degrees East 174 2/3 feet to the place of BEGINNING. Known as 55-57 Big Spring Avenue. BEING the same premises which Richard Rhoads, single man, by his Deed dated June 16, 2003 and recorded in Cumberland County, Pennsylvania Deed Book 257, Page 3242, granted and conveyed unto Dawn M. Shughart, married woman, Grantor herein. PARCEL NO. 28-20-1754-062 File M 136060 FRANCIS S. HALLINW 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. ,? / )Y, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: EXHIBIT D 1U060 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY THE BANK OF NEW YORK, ET. AL., CIVIL DIVISION Plaintiff Case No.: 06-3291 VS. AMANDA J. MASON, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $3,680.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. 60ua Frank E. Yourick, , Esquire P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. Frank E. Yourick, 3k.j, Esquire v Attorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the 3rd day of July, 2006, I served a copy of the Answer to Plaintiff's Complaint upon the following by US first class mail, postage prepaid: . Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Frank E. Yourick, , Esquire Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 EXHIBIT E (Page 1 of 6) ZZ4F LITTON LOAN SERVICING LP AnA Hate ofC-BASS 4828 Loop Central Dr, Houston, Texas 77081 www.littordoan.com Amanda Mason 55 57 W Big Spring Newville, PA 17241 Telephone 800-999-8501 Fax 713 966 8906 Date: 2/6/2006 Page 1 of 5 APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how to program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITH IN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717)780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFCACION EN ADJUNTO ES DE SUMA UAPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION 1NMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDEW R SU HIPOTECA. (Page 2 of 6) APPENDIX A HOMEOWNER'S NAME(S): Amanda Mason MAILING ADDRESS: 55 57 W Big Spring Ave Newville, PA 172410000 PROPERTY ADDRESS:55 57 W Big Spring Newville, PA 17241 LOAN ACCT. NO.: 14920144 ORIGINAL LENDER: CURRENT LENDER/SERVICE: Page 2 of 5 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE 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 ELEGIBILITY 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 the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the prop= 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 ASISTANCE-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 (Page 3 of 6) APPENDIX A Page 3 of 5 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 funds for emergency mortgage assistance are very limited. They Will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursed 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 YOUR ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 55 57 W Big Spring IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12/1/2005 through 2/1/2006 at $596.85 totaling $1,790.55 Other charges Late Charges $ 29.84 Deferred Late Charges $ 0 NSF Charges $ 0 Deferred NSF Charges $ 0 Suspense Balance $ (0) Corp. Advance $ 0 TOTAL AMOUNT PAST DUE $1,820.39 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $$1,820.39 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cask cashier's check, certified check or money made payable and sent to: Litton Loan Servicing LP, 4828 Loop Central Dr Houston. TX 77081-2226. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: Duo not use if not applicable.) (Page 4 of 6) APPENDIX A Page 4 of 5 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fee that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if the exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable cost. If you cure the default within the THIRTY (30) DAY period, you will not be required to oay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performiM 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 DATE - It is estimated that the earliest date that such as Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: LITTON LOAN SERVICING Address: 4828 Loop Central Dr, Houston, TX 77081 Phone Number: (800)999-8501 or (713) 960-9676 Fax Number. (713) 966-8906 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. (Page 5 of 6) APPENDIX A Page 5 of 5 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 OF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C. FOR THE COUNTY in which the property is located, using additional pages if necessary). CumberlandCounty CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717(541-1757 (888)511-2227 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717)234-5925 FAX(717)234-9459 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717)762-3285 YWCA of Carlisle 3001 G Street Carlisle, PA 17013 (717)243-3818 FAX(717)731-9589 (Page 6 of 6) Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717)232-9757 FAX(717)234-2227 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717)334-1518 FAX(717)334-8326 EXHIBIT F PAP I I Oil rr PHELAN H_ALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com FACSIMILE TRANSMITTAL SHEET TO: FROM: Frank E. Yourick, Esquire Michael Thurman ATTENTION: DATE: 9/20/2006 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: (724) 325-3124 4 RE- LOAN NUMBER-: Amanda Mason 14920144 ? URGENT ® FOR REVIEW ? PLEASE COMMENT 0 PLEASE REPLY ? PLEASE RECYCLE Please see attached reinstatement figure good through 10113106. PMre boadvWd tbd Ws fkm b • debt collector attem"g to cosec a debt. Any lnlbrmntlon realved wM be used fbr that purpose. Ifyou haw recdwd a dhicharp to bankruptcy, and thb dolt was not rnfermed, thk correspondence h not and should not be conArwd to be an attempt to coSect a debt, but only eafmcament of for against propanoy. As ofthe die oftkds oommunleat{on, you owe the amount spoil loc. Homeag of fatorast, [go charges, and other dung" [boat mey vary f}om day to dry+tbe amount dw on do de, yah psymay be gtadw. Hence, kfyou pry the amount shown above, as an 1"ment my be noosrary afar we raodvoyour check, in wt&h event we wO Inform you bebre depodtbhg the chock for eonedlon. For lhrther iaformatkon, wr14 the undeniped or call (118) 5411-7000 and askfor the Relinstateme t Department. P PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com Foreclosure Resolution Department Representing Lenders In Pennsylvania & New Jersey September ?A, 2006 Via Facsimile to (724) 325-3124 Frank E. Youdck, Esquire Re. Litton Loan Servicing, LP v. Amanda Mason 66-57 West Big Spring, Newviiie PA 17241 Acct; 14920144 Dear Counsel: In accordance with your recent request, please find a reinstatement figure In the amount of $10,162.79, which Is the amount required to bring the above account current with Litton Loan Servicing, LP. Funds must be received In our office no later then 10/13106 to allow for processing and mailing to our client. Upon submitting payment, please note the following: a Personal or business checks will not be accepted. The only accepted forms of payments are certified checks, treasurer checks, attorney escrow checks and title agent checks. Checks should be made payable to your mortgage servicer listed above and forwarded to our office. e All checks must be made payable to the mortgage company stated above, and forwarded to PHELAN HALLINAN & SCHMIEG, LLP. e Include account number on the check for proper Identification. e It is possible that either the mortgage company or this firm may Incur additional expenditures In the Interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds Is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Michael Thurman Foreclosure Resolution Department Plan be advised tbotthis firm is a debt collector allsmoU ng to collect a debt. Any bntrmatlon rewired wig be used far that purpose. Ifyou have rewired a dbcbaeps in banlQUptcy, and this debt was not reef wAKI, tole corrapotdenca Is not and should not be construed to be an attempt to cofioot a debt, but Only eafbrome t of a gw Rasing propwq. As of the date 9M IS Oommuabation, you owe the amount apectrd. Because orinter st, late abugas, and other chatpw that ms, vary flom day today, the amountduo on the day you pity may be grgw. Banco, Wyou pay this amount shown shows, as aQlugnosat may be aareaary after we rerdweyour dacls, In which event we will Inform you befbre depositing the clack fbr collection. Rar further inforaatioa, write the undersigned or call (313) 361-7000 and askfor the htdmtatament Depar4nont. PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 161.7 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax(215)568-0719 Email: FCResolution@fedphe.com Michael Thurman Legal Assistant Ext. 1284 Representing Lenders in Pennsylvania & New Jersey Reinstatement Figure NAME: Amanda Mason ACCT. 14920144 DATE; 1 9/20/06 Good Through 10/13/06 Payments Due $6,574.70 Property Inspections $10.50 BPO $100.00 Late Fees $238.72 Escrow $1,117.67 Suspense -$308.30 Attorney Costs $877.50 Attorney Fees $1,550.00 TOTAL $10,162.791 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING ANY PAYMENTSI Plane be advised thatthb l1[m Is a debt wibaor attsmpthag to caged a debt Any khrmatian received will be used for that purpose. If you hew received a dbdmr In banlav", and this debt was not rsaffbwed, this corregmWencs Is net and should not be construed to be an attempt to coiled a debt, but Only ouhroameat of a gen seat-t proporty. Am Odthe data Ofthb commu-kayo-, you owe the =mat apecltled. Bemuse of mete/,149 charges, and othv cha" that mq vary &0M da<y to dsy,tlw amomst duo oat the dq you pay maybe grater. Bean, Ifyou pay the amount shown above, an adjustment maybe necessary alter we nedveyo-r chodh, to which went we will deform you beibre deposltbag the chock for eoBodtk . For turyuri-formatlde, writs the undmlgnd or call (Z15) 50-7000 and aakfor the Relmtatemoo t Department IM IM 01021r, PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENTI 'THIS FORM ISM ASSIST IN PROPER APPLICATION OF YOUR PAYMENT, PLEASE COMPLETE M THE BEST OF YOUR ABILITY*" Date: Name on Mortgage: Amanda Mason, Loan Number: 14920144 Property Address: 55-67 West Big Spring, N&WIle, PA 17241 Mailing Address: (if different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! 'PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED' Plwe be advised that this llrm is a debt cdbdor attemoke to collect a debt. Any hatwMatlaa recdved will be used far Qut purpose Ifyou have received a dkekarge la banlou", gad this debt wet not reaftund, this correapoodenoe Is red and skoWd not be ca"med to be era aWmlt to cadet a debt, but osb sakroanet of a Len agatat Property. As oftbe die uMb eommunkstlca, you owe the wriou t apatdlkd. Besause of Yterei, Ito charges, and other charges tht mry wry Qom day to day,the amouut dug on tie dq you pay maybe grater. Homes, Uyca pay On amount shown abovs, an adJutmet my be necessary altar we recdveyour dWA4 in which evet we will kfbrm you belbre depositing the check fbr cola tlm Bar fnrtherkdorwwQ o, write the uadenlgnel or call (Z13) 50-7000 and askfor the Rdoatateuwt Departmat. User ID: MTHURMAN ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- TO: Name: Frank Yourick, Esquire Company: Fax Phone Number: 17243253124 Contact Phone Number: Info Code 1: Info Code 2: Sent to remote ID:724 325 3124 Sent at:Wed Sep 20 10:53:06 2006 Sent on channel 0 Elapsed Time: 1 minute, 30 seconds Transmission Status (0/339;0/0): Successful Send Page Record: 1 - 4. ------------------------------------------------------------------------------- A `` r 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, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. __ 5- D ate V -Davey, Esquire for Plaintiff t? V ?.?? . ? .-? ?--, --;-? -n ?_. ?.. ?; p _', _- ?? : r?.s Y ;:? PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R. DAVEY, ESQURIE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (Z15) 563-7000 The Bank of New York, As Trustee For The Holders Of The GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff VS. Amanda J. Mason 55-57 West Big Spring Newville, PA 17241 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 06-3291 I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support thereof, Order, Certification of Service, and Attached Exhibits were sent via first class mail to the person on the date listed below: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Date: 11D?'5104 Je . Davey, Esquir A rney for Plaintiff r r? r a G% ? PRAECIPF FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. The Bank of New York, As Trustee For The Holders Of The GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff vs. Amanda J. Mason 55-57 West Big Spring Newville, PA 17241 Defendant Court of Common Pleas : Civil Division : Cumberland County No. 06-3291 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Robert Lieberman, Esquire Address: 500 North P Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (b) for defendant: Frank E. Yourick, Jr., Esquire Address: P.O. Box 644 Murrysville, PA 15668 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: Atto Ve for Plaintiff .c 1 l i ei 1 C } ?? CC1 J . . ,- Gr+ r 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 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. : CIVIL DIVISION AMANDA J. MASON : NO. Dlo - 3 a 1i f PRAECIPE TO REDUCE ORDER TO JUDGMENT TO THE PROTHONOTARY: Kindly enter Consent Judgment in favor of the Plaintiff and against AMANDA J. MASON , Defendant(s) in accordance with the Court's Order dated January' 5, 2007 . Assess Plaintiff's damages against AMANDA J. MASON as follows: As set forth in the Order $101,461.93 Interest - 6/8/06 to 1/5/07 $3,578.56 TOTAL $105,040.49 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1 ???1 a U,, 2 PRO PROTHY 136060 PHELAN IIALLINAN & SCHMIEG, LLP By: Jenne R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 215 563-7000 The Bank of New York, As Trustee For The l solders Of The GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff vs. Amanda J. Mason 55-57 Wcsi Big Spring Newville, PA 17241 Defendant Court of Common Pleas Civil Division Cumberland County No. 06-3291 CONSENT JUDGMENT AND NOW, This day of 200 it is hereby agreed by and between, The Bank of New York, As Trustee For The Holders Of The GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 (hereinafter "Plaintiff'), by and through its counsel, Jenine R. Davey, Esquire and Amanda J. Mason (hereinafter "Defendant") by and through his counsel, Frank E. Yourick, Jr., as follows: \Vl IEREAS, Plaintiff is the holder of the Mortgage on the property located at 55-57 West Big Spring, Newville, PA 17241 (hereinafter the 'Property"); WI sEREAS, Defendant is the mortgagor and owner of the Property; WHEREAS, the Mortgage is in default because monthly payments on the Mortgage due February 1, 2006 and each month thereafter are due and unpaid; W IIEREAS, by the terms of the Mortgage, upon default in such payments for a period of one ATTORNEY FOR PLAINTIFF month, the entire principal balance and all interest due thereon are due forthwith; c W I IEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendant agree as follows: An in rem judgment is entered in favor of Plaintiff and against Defendant Amanda J. Mason in the sum of $101,461.93 plus interest from June 8, 2006 at the rate of $16.88 per diem and other costs and charges collectible under the Mortgage, for foreclosure and sale of the Property. 2. Plaintiff may immediately file the instant Consent Judgment with the Court. Although the Plaintiff shall file the Consent Judgment and may list the property for Sheriff's Sale, Plaintiff agrees that the earliest date that the property may be sold at Sheriff's Sale is June 13, 2007. Any future bankruptcy filing by Defendant shall not apply to Plaintiffs mortgage foreclosure action, and Defendant will stipulate to grant Plaintiff relief from the bankruptcy automatic stay upon Plaintiffs request. 4. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums with regard to the Mortgaged Property, including but not limited to real estate taxes and insurance, then Defendant will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff. Defendant will peacefully vacate the Mortgaged Property by the date of the Sheriffs Sale. 6. Defendant hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiffs servicing of Defendant's loan and the within foreclosure action. The attorneys executing this Consent Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Consent Judgment. This Consent Judgment may be executed in counterpart. 1. A facsimile version of a signature on this document shall be treated for all purposes as the equivalent of the original signatures. Date: ' Jeni avey,Esq Atto v for Plaintiff Date: I V? " _ - icke Frank E. Your Attorney for Def, Amanda ason 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 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 4828 LOOP CENTRAL DRIVE Plaintiff, V. AMANDA J. MASON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3291 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 AMANDA J. MASON is over 18 years of age and resides at, 55- 57 WEST BIG SPRING, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. v DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? ? fry ? °?-. .?- f_ s ? l -, ?, izi W" { ? .?, ?.r, c.,? ?. -„? ? ?'? v (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 4828 LOOP CENTRAL DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3291 Plaintiff, V. AMANDA J. MASON Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on t a 200. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE v Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 136060 CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 No. 06-3291 Plaintiff, V. AMANDA J. MASON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest - 6/8/06 to 1/5/07 Interest from 1/6/07 to JUNE 13, 2007 (per diem -$17.27) TOTAL $3,578.56 $101,461.93 $2,745.93 and Costs $111,242.92 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 136060 ti Itt N a w a a w? w z 0? wU o z a? xwOo v^ ? oz ?wx? ° y w xHw ? w o .? 00 w ri.?? ?f?A`n d cu `, 3 w A an „ 3 ? O O w w H t? n,o o ? U ?A ?DUU o w? ?xww r ? C4F?U ? E-+ ? w ap a w ?' ? ~U `-7L y ? .. V ? ?(V1U1?1 ? L,) 4? °' 'ZS a 'ey. '? C?J ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northeast corner of Lot No. 14 on Railroad Street; thence by said street, North 16 3/4 degrees East 40 feet; thence by Lot No. 16, North 75 3/4 degrees West 129 1/4 feet to Liberty alley; thence by said alley, South 65 3/4 degrees West 60 2/3 feet; thence by Lot No. 14, South 75 3/4 degrees East 174 2/3 feet to the place of BEGINNING. Known as 55-57 Big Spring Avenue. PARCEL IDENTIFICATION NO: 28-20-1754-062 CONTROL #: 28000064 TITLE TO SAID PREMISES IS VESTED IN Amanda J. Mason, single woman, by Deed from Dawn J. Shughart, married woman, dated 10/03/2005, recorded 10/24/2005, in Deed Book 271, page 2857. Premises: 55-57 West Big Spring, Newville, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3291 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2, Plaintiff (s) From AMANDA J. MASON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $101,461.93 L.L. $.50 Interest 6/8/06 TO 1/5/07 - $3,578.56 -- INTEREST FROM 1/6/07 TO 6/13/07 (PER DIEM - $17.27) - $2,745.93 AND COSTS Atty's Comm % Atty Paid $194.73 Plaintiff Paid Date: JANUARY 10, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Due Prothy $1.00 Other Costs L F-Y Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, CUMBERLAND COUNTY SERIES 2005-2 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-3291 AMANDA J. MASON 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: () 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. mil ' DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff t s? f j I-D w 318, c.: C ., THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 Plaintiff, V. AMANDA J. MASON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3291 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2, 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 ,55-57 WEST BIG SPRING, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name AMANDA J. MASON Last Known Address (if address cannot be reasonably ascertained, please indicate) 55-57 WEST BIG SPRING 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) None C 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) Mers as a nominee for WMC Mortgage P.O. Box 54089, Los Angeles, CA 90054 Corp And P.O. Box 2026, Flint, MI 48501 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 55-57 WEST BIG SPRING NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 P.O BOX 644 MURRYSVILLE, PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 9, 2007 DATE A DANIEL G. SCHMIEG, ESQUIRE' Attorney for Plaintiff C? C=ZD -Urz Cl.) ? } f ! ` THE BANK OF NEW YORK, AS TRUSTEE FOR CUMBERLAND COUNTY THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, No. 06-3291 SERIES 2005-2 Plaintiff, V. AMANDA J. MASON Defendant(s). January 9, 2007 TO: AMANDA J. MASON 55-57 WEST BIG SPRING NEWVILLE, PA 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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIEN AGAINST PROPERTY. ** Your house (real estate) at, 55-57 WEST BIG SPRING, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $105,040.49 obtained by THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFFS 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 t ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northeast corner of Lot No. 14 on Railroad Street; thence by said street, North 16 3/4 degrees East 40 feet; thence by Lot No. 16, North 75 314 degrees West 129 1/4 feet to Liberty alley; thence by said alley, South 65 314 degrees West 60 2/3 feet; thence by Lot No. 14, South 75 3/4 degrees East 174 2/3 feet to the place of BEGINNING. Known as 55-57 Big Spring Avenue. PARCEL IDENTIFICATION NO: 28-20-1754-062 CONTROL #: 28000064 TITLE TO SAID PREMISES IS VESTED IN Amanda J. Mason, single woman, by Deed from Dawn J. Shughart, married woman, dated 10/03/2005, recorded 10/24/2005, in Deed Book 271, page 2857. Premises: 55-57 West Big Spring, Newville, PA 17241 n +.? c? ? o ,, , .? c? ---? Ss+ +"E ") ?: ' l .. ?-- i7 'i { <:. ti? ? -:? L i ? Phelan lIallinan & Schmieg By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Attorney for Plaintiff Philadelphia, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005-2 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. AMANDA J. MASON Defendant(s). NO. 06-3291 SALE DATE: JUNE 13, 2007 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 Daniel G. Schmieg, Esquire, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by regular mail to FRANK E. YOURICK, JR., Attorney of Record for Defendant(s), AMANDA J. MASON at P.O. BOX 644, MURRYSVILLE, PA 15668 on JANUARY 12, 2007. 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. PHELAN HA. & SC1 MIEG By: DANIEL G. SCHMI G, ESQUIRE L 3QQ3 d1Z WQd? Q311tf W o{_.._ ?zLnttir otogm700o vit "zo C. 1S,Da +n Q ? M o ? a. ? o v m Ul) W N ? p a o 0 o a C.,'Lr o a J tl. O' co o U-) 04 a p CD o tin ? w a ? V V U O A ? ? o? ? ?o Q O ` p ? ? ? 3 3 a O v (f] ?, ZO O O C 'pU? R O O O r-, t6 ?? P+ d NO a, ? ? A U 7v?N .;gel V b ? ? P O 8 g? N O O-? O G O« b b`d8°?'va`ia 0 ? w ?a wW ? U O o? d a H? d ' o ? 2 Q o0 O L ? A rn •d ? a. ,r, ?o d ? d ? ? N ?F t •3 E ?y ' Lt i PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 The Bank of New York, As Trustee for the Holders Court of Common Pleas of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 Civil Division Plaintiff vs. Defendant : Cumberland County Amanda J. Mason : No. 06-3291 Civil Term 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 June 9, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on January 10, 2007 in the amount of $105,040.49. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 13, 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 Defendant' behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $951,740.98 Interest Through 6/13/07 85832.22 Per Diem $16.66 Late Charges 149.20 Legal fees 2,500.00 Cost of Suit and Title 1,212.00 Sheriffs Sale Costs 0.00 Property Inspections 162.50 Appraisal/Brokers Price Opinion 190.00 Mortgage Insurance Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 4,323.43 TOTAL $1139110.33 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 Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 19, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "C". 10. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: C d Phelan Hallinan & S I' eg, LLP r" By ichele .Bad or , uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 The Bank of New York, As Trustee for the Holders of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 Plaintiff vs. Amanda J. Mason Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-3291 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 55-57 West Big Spring, 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, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant 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 § 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. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant 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 Defendant's 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 mortgagor is 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 mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Villame Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant 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 Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: -fl r Phelan Hallinan & Schmieg, P By iche e M. Br f rd, s re Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. MELAN, ESQ-, Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1,400 PHILADELPHIA, PA 19103 (215) 563-7000 t36040 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-2 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77481-2226 Plaintiff V. AMANDA J. MASON 55-57 WEST BIG SPRING NEWVILLE, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. L CUMBERLAND COUNTY Defendant ,; ?- ri-j CIVEL ACTIQN ; LAW COMPLAOT IN MORTGAGE FORECLOSURE ?' - NOTICE- You have been sued in court. If you wish to defend against the claims set forth in the foTowing 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 WrM INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ' We herebY CeIgy i?e true and within tO b° a vred COPY ot the ged 'A s is 00 Lawyer Referral Service Cumberland County 139r Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 . 14 File 0: 136M 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 136060 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-2 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. AMANDA J. MASON 55-57 WEST BIG SPRING NEWVILLE, PA 17241 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 vie her y (' r° ?` t ,l t... 1df %, "HC1spiY ?plM Yg4.,+ rS1'?:;,i YA.,'If?-_f ?I A! Owl ?F I File#_ 136060 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 136060 Plaintiff is THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-2 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: AMANDA J. MASON 55-57 WEST BIG SPRING NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/21/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1927, Page: 5045. PLAnvT>FF 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 02/01/2006 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 #: 136060 6. The following amounts are due on the mortgage: Principal Balance $95,740.98 Interest 2,683.92 01/01/2006 through 06/08/2006 (Per Diem $16.88) Attorney's Fees 1,250.00 Cumulative Late Charges 119.36 10121/2005 to 06/08/2006 Cost of Suit and Title Search 550.00 Subtotal $ 100,344.26 Escrow Credit 0.00 Deficit 1,117.67 Subtotal $ 1,117.67 TOTAL $ 101,461.93 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 ha&Uve been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF- demands an in rem Judgment against the Defendant(s) in the sum of $ 101,461.93, together with interest from 06/08/2006 at the rate of $16.88 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 & SCIUAIEG, LLLP By: A/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE. FRANCIS S. HALLMAN, ESQUIRE Attorneys for Plaintiff File #: 136060 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northeast corner of Lot No. 14 on Railroad Street; thence by said street, North 16 3/4 degrees East 40 feet; thence by Lot No. 16, North 75 3/4 degrees West 129 1/4 feet to Liberty alley; thence by said alley, South 65 3/4 degrees West 60 2/3 feet; thence by Lot No. 14, South 75 3/4 degrees East 174 2/3 feet to the place of BEGINNING. Known as 55-57 Big Spring Avenue. BEING the same premises which Richard Rhoads, single man, by his Deed dated June 16, 2003 and recorded in Cumberland County, Pennsylvania Deed Book 257, Page 3242, granted and conveyed unto Davin M. Shughart, married woman, Grantor herein. PARCEL NO. 28-20-1754-062 File M 136060 Exhibit "B" ..--..PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCI&MG Identification No. 62205 One Penn Cexiter at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS-'THROUGH CERTIFICATES, SERIES 2005-2 : CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION AMANDA J. MASON t x7 3 -13 NO. PRAECIPE TO REDUCE ORDER TO JUDGMENT Un TO THE PROTHONOTARY: Kindly enter Consent Judgment in favor of the Plaintiff and against AMANDA J. MASON , Defendant(s) in accordance with the Court's Order dated January 5. 2007. Assess Plaintiff's damages against AMANDA J. MASON as follows: As set forth in the Order $101,461.93 Interest - 618105 to 1!5107 .?.. $3,578.56 TOTAL yY y c,?5;, t $105,040.49 DANIEL G. SCHMIEG E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 136WO pal ,-"y?f Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire April 19, 2007 Representing Lenders in Pennsylvania and New Jersey Amanda J. Mason 55-57 West Big Spring Newville, PA 17241 RE: The Bank of New York, As Trustee for the Holders of the GE-WMC Asset-Backed Pass- Through Certificates, Series 2005-2 vs. Amanda J. Mason Premises Address: 55-57 West Big Spring, Newville, PA 17241 Cumberland County CCP, No. 06-3291 Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within five days, by Tuesday, April 24, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. yours, is le ra f jdquire For Phelan Hallman & Schmieg, LLP Enclosure s o L 6 L 3000 dtz WOW 0311ew a c ooz 6 t dab o Los Lztooo OSZ34 $ '" z ° Nsodso? w r? 43 m O P4 C-A a? co t` N W ? ?p tD r Q 00 00 N 4. ? e-- m Q a 3 0 N CL O . y d > m 3 V m N L C) 4E Z -w C> 0 O C U) N co ¢, .d m C 0 W a Cs m U `n o o W .a 00 4.) 0) to L "u 7 Z 5 o a c H a V) N. to ui cc m I- QF' Q u- w Z Q E P. 0 3 w ? ? 41. ag ? G U 7 d U YC ? ^ U y N g: ? ? W n ??oo .L W 'R A d j KS O O O 02 ° osL? 0 O Sr- a ys u y ? r U W 0 0 A b z> Ha o .? 110 z M M V-4 V-4 Q 1+' ?" a 1? z N y }? y rn d' r 00 Z Q O j r. N `s VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: Phel a a S e `, By ch e . Br df rd, hisiq?uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 The Bank of New York, As Trustee for the Holders : Court of Common Pleas of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 : Civil Division Plaintiff vs. Amanda J. Mason Defendant : Cumberland County : No. 06-3291 Civil Term 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 individual on the date indicated below. Amanda J. Mason 55-57 West Big Spring Newville, PA 17241 Amanda J. Mason 50 South Main Street Mercersburg, PA 18862-8948 DATE: "` C Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Amanda J. Mason 9801 Forest Ridge Road Shippensburg, PA 17257 P eel I 'n S LP Y? Michel M. ra or , E q re Attorney for Plaintiff APR 30 2007 M7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA The Bank of New York, As Trustee for the Holders of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 Plaintiff VS. Amanda J. Mason Defendant RULE : Court of Common Pleas : Civil Division : Cumberland County : No. 06-3291 Civil Term AND NOW, this ! IV day of 2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Z.3 Cq fv Rule Returnable on ffir- day of 6 , eftia. BY T COURT, J. 136060 L Ano 61 •11 wv ?INIJW tool pit., .._. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 The Bank of New York, As Trustee for the Holders of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 Plaintiff VS. Amanda J. Mason Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-3291 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the May 1, 2007 Rule directing the defendant to show by May 24, 2007 was sent to the following individuals on the date indicated below. Amanda J. Mason 55-57 West Big Spring Newville, PA 17241 Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Amanda J. Mason 50 South Main Street Mercersburg, PA 18862-8948 DATE: Amanda J. Mason 9801 Forest Ridge Road Shippensburg, PA 17257 Phelan Hallinan chmieg, LLP By: Michele M. Brad or , Esquire Attorney for Plaintiff C:D -T I ~ J 1 C .r (,1 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 The Bank of New York, As Trustee for the Holders of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 Plaintiff vs. Amanda J. Mason Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-3291 Civil Term MOTION TO MAKE RULE ABSOLUTE The Bank of New York, As Trustee for the Holders of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause 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 April 27, 2007. 3. A Rule was entered by the Court on or about May 1, 2007 directing the Defendant 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 part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 4, 2007 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendant failed to respond or otherwise plead by the Rule Returnable date of May 24, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Date PHELAN HALLINAN & SCHMIEG, LLP r-mi he e .Bad ord uire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 The Bank of New York, As Trustee for the Holders of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 Plaintiff VS. Amanda J. Mason Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-3291 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 27, 2007. A Rule was entered by the Court on or about May 1, 2007 directing the Defendant 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 May 4, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 24, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. MIEG, LLP CPH INte Qr Date chele M. ra fo d, Attorney for the Plaintiff Exhibit "A" APR so 20 p` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA The Bank of New York, As Trustee for the Holders of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 Plaintiff vs. Amanda J. Mason Defendant RULE : Court of Common Pleas : Civil Division : Cumberland County No. 06-3291 Civil Term AND NOW, this /.4k day of 2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. .20 "? Rule Returnable m-the- BY THE COURT, J. 136060 TRUE RE CORD 18 TGdk=ly whereof, I here unft set Ad the seal of said Court at Ida ZZ7 Exhibit "B" c o X nI _J 4J ZEZ rr? PHELAN HALLINAN & SCHIVIIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Q? ?L'G•` (215) 563-7000 The Bank of New York, As Trustee for the Holders : Court of Common Pleas of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 : Civil Division Plaintiff : Cumberland County VS. Amanda J. Mason .r? No. 06-3291 Civil Term Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the May 1, 2007 Rule directing the defendant to show by May 24, 2007 was sent to the following individuals on the date indicated below. Amanda J. Mason 55-57 West Big Spring Newville, PA 17241 Amanda J. Mason 50 South Main Street Mercersburg, PA 18862-8948 DATE: h FrMk E. Yourick, Jr. Esquire P.O. Bo 644 MuriVille, PA 15668 .,? Amanda J. Mason 9801 Forest Ridge Road Shippensburg, PA 17257 Phelan Hallinfff4 hmieg, LLP By: Michele M. BEsqui re Attorney for Plaintiff 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 Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. Date 'n of authorities. §4904 re7zic H94h ZWsquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 The Bank of New York, As Trustee for the Holders of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 Plaintiff vs. Amanda J. Mason Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-3291 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Amanda J. Mason 55-57 West Big Spring Newville, PA 17241 Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Amanda J. Mason 50 South Main Street Mercersburg, PA 18862-8948 DATE: JDC Amanda J. Mason 9801 Forest Ridge Road Shippensburg, PA 17257 Phelan Hallinan & Schmi , LP f Michele . Brad ord, Esquire Attorney for Plaintiff ?? ?-?r+ 3 ? , ?, ? CI ? ___. .,., ? Jz t ? . ` _?,- ? ?? ?- ?` SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE No.: 06-3291 GE-WMC ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-2 VS. AMANDA J. MASON 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: 55-57 WEST BIG SPRING, NEWVILLE, PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the 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. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff June 8, 2007 a tB! 3aolj dlZ Wou-4i mim u, .' co a;zzQ ? a?os?zt?ooo Wl zo fFd ?Q rr?r/sNeriw-V ON Soo o d a. d t7 ???a Riga ?y V ji -g E" d 00 AS i? W N ? d' ? a ? py,o? C +X oo 8 w Q C 0_4A N ? U. a° N ? Q N ?' ? 5 a n x a a N W 4 C gp?Q} fiq .a W /WWy? mYl w O z a p O M V ? o O u G,, Z C7 m ar ` a P-4a o rUia A d' d a V. 'C ,_. o p 7 W '? 0 aw 'p pp a Z ?' d d O cq) o O x O = U s moo. s a Q E u O Oo u Z3 U s H o d x Z ??_a e W O ? v? to m? zW C? N FOG L 7 'q z d -" T O ? V `v b L ?, 4 y _ V'1 u d 00 d y - N M ct kn ....}?' U.. ? ? -r: rs?i~ ?:,' N ? ?? ";;-` ,I t t'? - y c? :? ?:? ? ,_? ?; 11 JUN 0 4 M 001 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA The Bank of New York, As Trustee for the Holders Court of Common Pleas of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 Civil Division Plaintiff : Cumberland County VS. Amanda J. Mason Defendant : No. 06-3291 Civil Term ORDER AND NOW, this day of YL^ ? , 2007, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $95,740.98 Interest Through 6/13107 8,832.22 Per Diem $16.66 Late Charges 149.20 Legal fees 2,500.00 Cost of Suit and Title 1,212.00 Sheriffs Sale Costs 0.00 Property Inspections 162.50 Appraisal/Brokers Price Opinion 190.00 Mortgage Ins. Premium/Private 0.00 Mortgage Ins. NSF (Non-Sufficient Funds charge) 0.00 I I :I I WV 8-w Elie" LOZ ?tiv ! i` 1 ilk -? s :3Hi O Tom? #_ w"`03111] Suspense/Misc. Credits 0.00 Escrow Deficit 4,323.43 TOTAL $113,110.33 Plus interest from 6/13/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE CO T: J. Mic ,We M. Bradford, Esquire lan Hallinan & Schmieg, LLP -1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford6Uedphe.com manda J. Mason 55-57 West Big Spring Newville, PA 17241 Wanda J. Mason 50 South Main Street Mercersburg, PA 18862-8948 f, f5 k E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 i-, nda Mason 9801 Forest Ridge Road Shippensburg, PA 17257 136060 The Bank of New York, as Trustee for the Holders of the GE-WMC Asset-Backed Pass-Through Certificates Series 2005-2 VS Amanda J. Mason In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3291 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Amanda J. Mason, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Franklin County Return: And Now, March 6, 2007 at 1205 hrs served the within Real Estate Writ, Notice of Sale and Description upon the within named defendant, Amanda J. Mason, by handing to John Waneward, husband of Amanda J. Mason, at 50 S. Main Street, Mercersburg, PA and making known unto him the contents thereof. So answers: Robert B. Wollyung, Sheriff of Franklin County, Pennsylvania. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1508 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Amanda J. Mason located at 55-57 West Big Spring Ave., 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 defendant, to wit: Amanda J. Mason, by regular mail to her last known address of 50 S. Main St., Mercersburg, PA 17236. This letter was mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Mileage Levy Surcharge Out of County Franklin County Law Journal Patriot News Postpone Sale Share of Bills 30.00 16.30 15.00 15.00 .50 1.00 23.04 15.00 20.00 9.00 38.39 355.00 276.89 40.00 16.17 ?,? o? $871.29 ?o So Answers: R. Thomas Kline, Sheriff BY Real Estate Se eant 5D a1 cV, tag Vr I THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- CUMBERLAND COUNTY BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-3291 AMANDA J. MASON Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2, 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 ,55-57 WEST BIG SPRING, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name AMANDA J. MASON Last Known Address (if address cannot be reasonably ascertained, please indicate) 55-57 WEST BIG SPRING 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) None 1 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Mers as a nominee for WMC Mortgage P.O. Box 54089, Los Angeles, CA 90054 Corp And P.O. Box 2026, Flint, MI 48501 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR. 55-57 WEST BIG SPRING NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 P.O BOX 644 MURRYSVILLE, PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 9, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE FOR CUMBERLAND COUNTY THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, No. 06-3291 SERIES 2005-2 Plaintiff, - V. AMANDA J. MASON Defendant(s). January 9, 2007 TO: AMANDA J. MASON 55-57 WEST BIG SPRING NEWVILLE, PA 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 BANKRUPTCYAND THIS DEBT WAS .NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 55-57 WEST BIG SPRING, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $105,040.49 obtained by THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 , 4. ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northeast corner of Lot No. 14 on Railroad Street; thence by said street, North 16 3/4 degrees East 40 feet; thence by Lot No. 16, North 75 3/4 degrees West 129 1/4 feet to Liberty alley; thence by said alley, South 65 3/4 degrees West 60 2/3 feet; thence by Lot No. 14, South 75 3/4 degrees East 174 2/3 feet to the place of BEGINNING. Known as 55-57 Big Spring Avenue. PARCEL IDENTIFICATION NO: 28-20-1754-062 CONTROL #: 28000064 TITLE TO SAID PREMISES IS VESTED IN Amanda J. Mason, single woman, by Deed from Dawn J. Shughart, married woman, dated 10/03/2005, recorded 10/24/2005, in Deed Book 271, page 2857. Premises: 55-57 West Big Spring, Newville, PA 17241 R WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-3291 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2, Plaintiff (s) From AMANDA J. MASON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $101,461.93 L.L. $.50 Interest 6/8/06 TO 1/5/07 - $3,578.56 -- INTEREST FROM 1/6/07 TO 6/13/07 (PER DIEM - $17.27) - $2,745.93 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $194.73 Other Costs Plaintiff Paid Date: JANUARY 10, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 09 On January 25, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA Known and numbered as 55-57 West Big Spring Ave., Newville, Newville Borough, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 25, 2007 By: _ j lc? Real Estate Sergeant OS .? ? i INIT ' LGJZ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27 & May 4, 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. before me this NOTARIAL SEAL " LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 __A __day of May, 2007 SiAL BWASS SMA NO. Writ No. 2006-3291 Civil The Bank of New York, as Trustee for the Holders of the GE-WMC Asset-Backed Pass-Through Certificates Series 2005-2 Vs. Amanda J. Mason Atty.: Daniel Schmieg ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northeast cor- ner of Lot No. 14 on Railroad Street; thence by said street, North 16 3/4 degrees East 40 feet; thence by Lot No. 16, North 75 3/4 degrees West 129 1 /4 feet to Liberty alley; thence by said alley, South 65 3/4 degrees West 60 2/3 feet; thence by Lot No. 14, South 75 3/4 degrees East 174 2/3 feet to the place of BEGINNING. Known as 55-57 Big Spring Avenue. PARCEL IDENTIFICATION NO: 28-20-1754-062. CONTROL #: 28000064. TITLE TO SAID PREMISES IS VESTED IN Amanda J. Mason, single woman, by Deed from Dawn J. Shughart, married woman, dated 10/03/2005, recorded 10/24/ 2005, in Deed Book 271, page 2857. Premises: 55-57 West Big Spring, Newville, PA 17241. . A 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 since; 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 18th and 25th day(s) of April and the 2nd day(s) of May 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 SALE#9 Sworn to and subscri ammo"" 16lMO?i1A2007 A.D. (Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County NV missio ires June 6, 2010 Membe , Pennsvl,dan..! Association of Notaries NOTARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PHELAN HALLINAN & SCHMIEG, L.L.P. 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 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 Plaintiff, V. AMANDA J. MASON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3291CIVIL TERM PRAECIPE TO ENTER ORDER TO THE PROTHONOTARY Kindly enter the ATTACHED REASSESSMENT ORDER AND AMEND THE JUDGMENT AS DIRECTED BY THE ORDER in favor of the Plaintiff and against AMANDA J. MASON, Defendant(s) As set forth in Order $113,110.33 DANIEL G. SCHMIEG, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 7/- 'L0 ? 'V a PRO PROTHY y? PHS#0 bai0 4 b?' ko- di IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA The Bank of New York, As Trustee for the Holders of the GE-WMC Asset-Backed Pass-Through Certificates, Court of Common Pleas Series 2005-2 Plaintiff : Civil Division VS. : Cumberland County Amanda J. Mason No. 06-3291 Civil Term Defendants ORDER AND NOW, this $4 day oAjj= , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff. is ordered to amend the writ nunc pro tunc as follows: Principal Balance $95,740.98 Interest Through 6/13/07 8,832.22 Per Diem $16.66 Late Charges 149.20 Legal fees 2,500.00 Cost of Suit and Title 1,212.00 Sheriffs Sale Costs 0.00 Property Inspections 162.50 Appraisal/Brokers Price Opinion 190.00 Mortgage Ins. Premium/Private 0.00 Mortgage Ins. NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 4,323.43 TOTAL $113,110.33 Plus interest from 6/13/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. B THE COURT: .9 J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(a,fedphe.com Amanda J. Mason 55-57 West Big Spring Nevwille, PA 17241 Amanda J. Mason 50 South Main Street Mercersburg, PA 18862-8948 Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Amanda J. Mason 9801 Forest Ridge Road Shippensburg, PA 17257 136060 OF TH Zaa9 AF 29 A'f 10: 30 o' jcc ",&, t,4 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 No. 06-3291 Plaintiff, V. AMANDA J. MASON Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $105,040.49 Interest from $16,769.17 and Costs (per diem -$17.27) TOTAL $116,671.66 ANIEL . S MIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. 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. 136060 d o? d? a? o? ?a V? 00 FV o? V? F Zv wv ? ?t Haag F > C AS WA?? a U U ?z w F a dH?w ?w p LfwE -=i Eu4 F TKE 20H AN 29 r; ck 7 0 ti d z O w? Oy y o w o U ' a ? y„t c1 • Q lJ P d" sFs??, ?( tr 1 G ' 0 0 b I f X? ay -71 w a JP co, z r 4° n w d vi 45 w d LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northeast corner of Lot No. 14 on Railroad Street; thence by said street, North 16 3/4 degrees East 40 feet; thence by Lot No. 16, North 75 3/4 degrees West 129 1/4 feet to Liberty alley; thence by said alley, South 65 3/4 degrees West 60 2/3 feet; thence by Lot No. 14, South 75 3/4 degrees East 174 2/3 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Amanda J. Mason, single woman, by Deed from Dawn J. Shughart, married woman, dated 10/03/2005, recorded 10/24/2005, in Deed Book 271, page 2857. PREMISES BEING: 55-57 WEST BIG SPRING, NEWVILLE, PA 17241 PARCEL NO. 28-20-1754-062 PHELAN HALLINAN & SCHMIEG, L.L.P. 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 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 Plaintiff, V. AMANDA J. MASON . Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3291 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff RLi.l..- 2G09 APR 29 A? 11'- 31 0 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 Plaintiff, V. AMANDA J. MASON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3291 AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2, 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 ,55-57 WEST BIG SPRING, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMANDA J. MASON 55-57 WEST BIG SPRING 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) None 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) MERS as a nominee for WMC Mortgage P.O. Box 2026 Corporation Flint, MI 48501-2026 MERS as a nominee for WMC Mortgage Corporation MERS as a nominee for WMC Mortgage Corporation P.O. Box 54089 Los Angeles, CA 90054 3300 S.W. 34th Avenue, Suite 101 Ocala, FL 34474 v ` 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program MERS as a nominee for Litton Loan MERS as a nominee for Litton Loan Frank E. Yourick, Jr., Esquire reasonably ascertained, please indicate) 55-57 WEST BIG SPRING NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 4828 Loop Central Drive Houston, TX 77081-2226 P.O. Box 2026 Flint, MI 48501-2026 P.O. Box 644 Murrysville, PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to au s. April 2, 2009 DATE ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r 2C.09 APR 29 AM 10: 30 t -w 0 THE BANK OF NEW YORK, AS TRUSTEE FOR CUMBERLAND COUNTY THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, No. 06-3291 SERIES 2005-2 Plaintiff, V. AMANDA J. MASON Defendant(s). April 2, 2009 TO: AMANDA J. MASON 55-57 WEST BIG SPRING NEWVILLE, PA 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, B UT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 55-57 WEST BIG SPRING, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 5105,040.49 obtained by THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE- WMC ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. -w You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northeast corner of Lot No. 14 on Railroad Street; thence by said street, North 16 3/4 degrees East 40 feet; thence by Lot No. 16, North 75 3/4 degrees West 129 1/4 feet to Liberty alley; thence by said alley, South 65 3/4 degrees West 60 2/3 feet; thence by Lot No. 14, South 75 3/4 degrees East 174 2/3 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Amanda J. Mason, single woman, by Deed from Dawn J. Shughart, married woman, dated 10/03/2005, recorded 10/24/2005, in Deed Book 271, page 2857. PREMISES BEING: 55-57 WEST BIG SPRING, NEWVILLE, PA 17241 PARCEL NO. 28-20-1754-062 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-3291 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 Plaintiff (s) From AMANDA J. MASON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DECRIPTION. (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$105,040.49 Interest (PER DIEM - $17.27) - $16,769.17 Atty's Conan % Atty Paid $1101.52 Plaintiff Paid Date: April 29, 2009 (Seal) L.L. Due Prothy $2.00 Other Costs (/2 urtis R. Lon tary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 DEFENDANT(S) AMANDA J. MASON SERVE AMANDA J. MASON AT: 9801 FOREST RIDGE RD SHIPPENSBURG, PA 17257-9221 CUMBERLAND COUNTY No. 06-3291 ACCT. #136060 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 2, 2009 \ SERVED d"\ Served and made known to k*4'*3 C? e5. ???'?? Defendant, on the _ day of , 200 ' DU, o'clock .m., at alb at/1 9? 0k ?'fuE'7? '?.r a ?'S?'' Commonwe l of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: t jr Lk 7 Description: Age *70 Height.? f0 Weight Race O?Jt Sex lr ? Other C.? ?SGs M' I tri 4? ?'IC t+ NOTARIAL SEAL before m -COINY LETTERKENNY Notary Public 7" FRANKLIN COUNTY ary By. PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICAT A & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the day of , 200_, at o'clock _ m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: / / Time: 2"d Attempt: Time: • a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the otice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date at and the address indicated above. Sworn to and subscribod N. CARTY Not v ?00 - My Commission Expires Nov 10, 2011 3rd Attempt: Time: Sworn to and subscribed Attornev for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 F-11 tG' T c I 1a w w ?..w....xm ?onwa.seYxw-awm+bR's..n? • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CUMBERLAND COUNTY HOLDERS OF THE GE-WMC ASSET-BACKED PASS- COURT OF COMMON PLEAS THROUGH CERTIFICATES, SERIES 2005-2 Plaintiff CIVIL DIVISION V. AMANDA J. MASON Defendant(s) NO. 06-3291 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, the undersigned attorney, attorney for THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2, hereby verify as follows: As required by Pa. R.C.P. 3129. 1 (a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". PHEL LINAN & SCHMIEG, LLP 1 By: Lawr ce T. helan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 136060 ?. a r ,.. W N P- M r' ? ? ?t D coo a w N n G A z b y c O V? '?, p o. Ell g y po eAO ?w a ?• Ul rd a p o p n, o? b o a G v g 0Q J? u tp ?? O i ?, cn°'c, O N o h e ?• ? i ff y b tz r, ?• tyl ° :p r o p Q° O d o ?d y ? .p r w o? r ?- n ?s p b n? *rJ en o ?` a'. ^ ? t~l? C 1 to ? ? E ? R '? '^ ? e G *.S E b d O d ''j O O O m' Q? ? ? 1/? ? V• W c C ? r' ? 6 o a O , ? t Jt ? 9 3 ? ? ? ? ?.? rs1 Q - ry "Ev N O pPR 20 '9 0004218010 ZIPC?DR 19103 D FROM MAILE 7 ? 7 ? G W n H ? p T Agtr Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Xourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK, AS TRUSTEE FOR Court of Common Pleas THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, Civil Division SERIES 2005-2 Plaintiff CUMBERLAND County V. No. 06-3291 AMANDA J. MASON Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on June 9, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on January 10, 2007 in the amount of $105,040.49. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 55 57 WEST BIG SPRING, NEWVILLE, PA 17241 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 1:07-01705 on June 5, 2007. The Plaintiff obtained relief from the bankruptcy stay by order of court dated February 27, 2009. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on September 2, 2009. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has 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 September 2, 2009 Per Diem $21.71 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $115,198.23 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. 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 Defendant. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. In accordance with Cumberland County Local Rule 208.3 (9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July, 29, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". $93,215.46 $10,439.15 $1,500.85 $2,500.00 $1,600.00 $784.02 $48.00 $0.00 $0.00 $50.00 ($108.62) $5,169.37 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: GT wrence T. Phelan, Esq., Id. No. 32227 40 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF njF THE 2 3 0 9 AUG 10 Ai j a Ct";i:? _ ; Y Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK, AS TRUSTEE FOR Court of Common Pleas THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, Civil Division SERIES 2005-2 Plaintiff CUMBERLAND County V. No. 06-3291 AMANDA J. MASON Defendant 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. AMANDA J. MASON AMANDA J. MASON 55 57 WEST BIG SPRING 50 SOUTH MAIN STREET NEWVILLE, PA 17241 MERCERSBURG, PA 18862-8948 AMANDA J. MASON 9801 FOREST RIDGE ROAD SHIPPENSBURG, PA 17257 FRANK E. YOURICK, JR. P.O. BOX 644 MURRYSVILLE, PA 15668 Phelan Hallinan & Schmieg, LLP DATE: By: awrence . Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 WCourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF FILEC,-- CIE 'IF THE -jE 2 304 i Uro 10 A 9: 5 AUG 1 1 2009/ v 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 Plaintiff V. AMANDA J. MASON Court of Common Pleas Civil Division CUMBERLAND County No. 06-3291 Defendant RULE AND NOW, this 1 day of 2009, a Rule is entered upon the Defendant Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. B TH RT to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ?-M Rule Returnable on the Ag day of 2009, at/6,"04042in in 4* 4ain, J. Michele M. Bradford, Esq., Id. No. 69849 elan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 /WANDA J. MASON NDA J. MASON X 55 57 WEST BIG SPRING 50 SOUTH MAIN STREET NEWVILLE, PA 17241 MERCERSBURG, PA 18862-8948 ANDA J. MASON 9801 FOREST RIDGE ROAD SHIPPENSBURG, PA 17257 .P<ANK E. YOURICK, JR. P.O. BOX 644 MURRYSVILLE, PA 15668 4 136060 r,F 1"IF i ` I7` °-p y ?P'09 AUG 12 6: 0 i n? ?n.l ;?! ryo "? r A Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK, AS TRUSTEE FOR Court of Common Pleas THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, Civil Division SERIES 2005-2 Plaintiff CUMBERLAND County V. No. 06-3291 AMANDA J. MASON Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 28, 2009 was sent to the following individual on the date indicated below. AMANDA J. MASON 55 57 WEST BIG SPRING NEWVILLE, PA 17241 AMANDA J. MASON 9801 FOREST RIDGE ROAD SHIPPENSBURG, PA 17257 FRANK E. YOURICK, JR. P.O. BOX 644 MURRYSVILLE, PA 15668 AMANDA J. MASON 50 SOUTH MAIN STREET MERCERSBURG, PA 18862-8948 Phelan Hallinan & Schmieg, LLP DATE: r By: Rjorawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua L Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 ? 49, ndrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF BLED-OFFICE OF THE PRI OTHOWTARY 7009 AUG 18 AM 14: 5 8 'j !u PENNSYLVANIA THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-2 vs. AMANDA J. MASON, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3291 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir.: I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on August 28, 2009 at 10:00 a.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: August 18, 2009 Dal& F. Sh g T rt Jr. Supreme Ugh r I. . 19373 10 West treet Carlisle, PA 17013 (717) 241-4311 CC: Michele M. Bradford, Esquire Amanda J. Mason OF THE, Ppl `,;'R `tip Y 2009 AUG 18 PM 2: 3 3 F I 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK, AS TRUSTEE FOR Court of Common Pleas THE HOLDERS OF THE GE-WMC.ASSET- BACKED PASS-THROUGH CERTIFICATES, Civil Division SERIES 2005-2 Plaintiff CUMBERLAND County V. No. 06-3291 AMANDA J. MASON Defendant ORDER AND NOW, thi day of 2009 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $93,215.46 Interest Through September 2, 2009 $10,439.15 Per Diem $21.71 Late Charges $1,500.85 Legal fees $2,500.00 Cost of Suit and Title $1,600.00 Sheriffs Sale Costs $784 02 Property Inspections/ Property Preservation . $48.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0 00 Private Mortgage Insurance . 136060 • W, Non Sufficient Funds Charge $50.00 Suspense/Misc. Credits ($108.62) Escrow Deficit $5,169.37 TOTAL $115,198.23 Plus interest from September 2, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. figure. Sheriffs commission is not included in the above BY T J. Michele M. Bradford, Esq., Id. No. 69849 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 AMANDA J. MASON 55 57 WEST BIG SPRING NEWVILLE, PA 17241 fC-2 Q.o9 AMANDA J. MASON 50 SOUTH MAIN STREET MERCERSBURG, PA 18862-8948 AMANDA J. MASON 9801 FOREST RIDGE ROAD SHIPPENSBURG, PA 17257 FRANK E. YOURICK, JR. P.O. BOX 644 MURRYSVILLE, PA 15668 136060 OF ?7`ic X7,77' i!"" .10 T ARY 2009 AUG 28 AM fit: 1 1 (?, ` b T f COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which GE-WMC TRSUT is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 29TH day of APRIL, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 3291, at the suit of BANK OF NEW YOUR TR FOR GE-WMC against AMANDA J MASON is duly recorded as Instrument Number 200933426. F'3c"= c; b"05- t UTWrWW County, C&Qb. PA 11Y 10"" aon Eww to ft mw&y 01 fin. X10 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County THE ??,???titr of 4`?ui??Gi*!"/??? OFFICE C - iE S-„RIFF 2029 S:rF 29 F? , ID C' u 14 The Bank of New York, As Trustee vs. Amanda J Mason Case Number 2006-3291 SHERIFF'S RETURN OF SERVICE 06/25/2009 01:10 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 6/25/09 at 1310 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 Amanda J. Mason, located at, 55-57 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania according to law. 08/03/2009 08:00 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Amanda J. Mason, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Amanda J. Mason. 09/03/2009 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 September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $ 1.00 to Attorney Daniel Schmieg, on behalf of, The Bank of New York Mellon, f/k/a THe Bank of New York, as Trustee for the Holders of GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2, of, 4828 Loop Central Drive, Houston,TX, 77081, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 803.15 SHERIFF COST: $803.15 ? ?o/o.?l o f SO ANSWERS, September 08, 2009 R THOMAS KLINE, SHERIFF a(AA•- .5 717 6'f yI/? ?3?11y THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 Plaintiff, V. AMANDA J. MASON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3291 AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORKAS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2, 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 ,55-57 WEST BIG SPRING, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMANDA J. MASON 55-57 WEST BIG SPRING 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) None 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) MERS as a nominee for WMC Mortgage P.O. Box 2026 Corporation Flint, MI 48501-2026 MERS as a nominee for WMC Mortgage Corporation P.O. Box 54089 Los Angeles, CA 90054 MERS as a nominee for WMC Mortgage Corporation 3300 S.W. 34th Avenue, Suite 101 Ocala, FL 34474 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 55-57 WEST BIG SPRING NEWVILLE, PA 17241 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program MERS as a nominee for Litton Loan MERS as a nominee for Litton Loan 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 4828 Loop Central Drive Houston, TX 77081-2226 P.O. Box 2026 Flint, MI 48501-2026 Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to au ' s. April 2, 2009 DATE ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff It : THE BANK OF NEW YORK, AS TRUSTEE FOR CUMBERLAND COUNTY THE HOLDERS OF THE GE-WMC ASSET- BACKED PASS-THROUGH CERTIFICATES, No. 06-3291 SERIES 2005-2 . Plaintiff, V. AMANDA J. MASON Defendant(s). April 2, 2009 TO: AMANDA J. MASON 55-57 WEST BIG SPRING NEWVILLE, PA 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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 55-57 WEST BIG SPRING, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 2.2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $105,040.49 obtained by THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE- WMC ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. L 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northeast corner of Lot No. 14 on Railroad Street; thence by said street, North 16 3/4 degrees East 40 feet; thence by Lot No. 16, North 75 3/4 degrees West 129 1/4 feet to Liberty alley; thence by said alley, South 65 3/4 degrees West 60 2/3 feet; thence by Lot No. 14, South 75 3/4 degrees East 174 2/3 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Amanda J. Mason, single woman, by Deed from Dawn J. Shughart, married woman, dated 10/03/2005, recorded 10/24/2005, in Deed Book 271, page 2857. PREMISES BEING: 55-57 WEST BIG SPRING, NEWVILLE, PA 17241 PARCEL NO. 28-20-1754-062 WRIT OF EXECUTION and/or ATTACHMENT M 'COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-3291 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE GE-WMC ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-2 Plaintiff (s) From AMANDA J. MASON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DECRIPTION. (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$105,040.49 Interest (PER DIEM - $17.27) - $16,769.17 Atty's Comm % Atty Paid $1101.52 Plaintiff Paid Date: April 29, 2009 L.L. Due Prothy $2.00 Other Costs is R. Lo i thonot (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 rt } Real Estate Sale # On May 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Newville, Cumberland County, PA Known and numbered as, 55-57 Big Spring Avenue, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 15, 2009 By: Rea state ,oor inator 01 -j?l REAL ZTATE BALa NO. 61 Writ No. 2006-3291 Civil The Bank of New York, As Trustee for the Holders of the GE-WMC B es, Seenees 2005-2h Certificates, vs. Amanda J. Mason Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northeast corner of Lot No. 14 on Railroad Street; thence by said street, North 16 3/4 degrees East 40 feet; thence by Lot No. 16, North 75 3/4 degrees West 129 1/4 feet to Liberty alley; thence by said alley, South 65 3/4 degrees West 60 2/3 feet; thence by Lot No. 14, South 75 3/4 degrees East 174 2/3 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Amanda J. Mason, single woman, by Deed from Dawn J. Shughart, married woman, dated 10/03/2005, recorded 10/24/2005, in Deed Book 271, page 2857. PREMISES BEING: 55-57 WEST BIG SPRING, NEWVILLE, PA 17241. PARCEL NO. 28-20-1754-062. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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: July 24, July 31 and August 7, 2009 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. isa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this da of August, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Jhe Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 c'?e?lahxot News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 since- 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 on the date(s) indicated below. That neither she 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 she 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 sale No. 61 Writ No.200b-3Wl Civil Term The Bank of New York, As Trustee for the Hoklers of the GE-WMC Asset-Booked, Pass-Through Certificates, Series 2005-2 vs. Amanda J Mason Atty: Daniel Schmisg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northeast comer of Lot No. 14 on Railroad Street; thence by said street, North 16 3/4 degrees East 40 feet, theme by Lot No. 16, North,75 314 degrees West 120 I/' 4 feet to Liberty alley; thence by said alley, South 65 3/4 degrees West 60 213 feet; thence by Lot No. 14, South 75 3/4 degrees East 174113 feet to the place of BEGINNING. TITLE TO SAID PREMM IS, VESTED IN Amanda J. Mason, single woman, by Deed from Dawn J. Shughart, -married women, dated 1010312005, recoreled,IM4M, in Deed Book 271, page 2857, PRLJi1W BEING: 55-51 WEST BIG SPRING, NEWVILLE, PA 17241 PARCEL NO. 28-20-1754-062 This ad ran on the date(s) shown below: c Sworn to subscribed before me'tKis,114 y of August, 2009 A. D. j Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public City Of Harrisburg, Dauphin County MY Commission E)ires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 07/24109 07/31/09 08/07/09