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HomeMy WebLinkAbout06-3374PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 136251 WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 CIVIL DIVISION Plaintiff TERM V. NO. o1.- 3.2 7Y CUMBERLAND COUNTY PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORT14 KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA 5155 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 136251 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 #: 136251 Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA 5155 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/27/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GATEWAY FUNDING DIVERSIFIED MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1865, Page: 3493. 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 12/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 136251 6. The following amounts are due on the mortgage: Principal Balance $122,783.29 Interest 4,446.00 11/01/2005 through 06/13/2006 (Per Diem $19.76) Attorney's Fees 850.00 Cumulative Late Charges 267.48 02/27/2004 to 06/13/2006 Cost of Suit and Title Search 750.00 Subtotal $ 129,096.77 Escrow Credit 0.00 Deficit 199.82 Subtotal 199.82 TOTAL $ 129,296.59 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 $ 129,296.59, together with interest from 06/13/2006 at the rate of $19.76 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'?ALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 136251 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Roy M. Benjamin, dated June 21, 1971, as follows, to wit: BEGINNING at a point on the Northern line of Trindle Road, which point is 2904 feet West of Sporting Hill Road; thence along Trindle Road South 65 degrees West 73 feet to the line of lands N/F of Lilliam R. Kerrigan; thence along same North 27 degrees West 180 feet to a point; thence North 65 degrees East 73 (erroneously stated as '7e' in preceding deed) feet to a point; thence South 25 degrees East 180 feet to the point of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick dwelling numbered 5155 Trindle Road. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights of way and/or conditions of record. BEING THE SAME PREMISES which Evelio DeBien and Esperanza DeBien, his wife, granted and conveyed by deed dated September 12, 1994, unto Bruce Dieter, the Grantor herein, and recorded on September 15, 1994, in the Office of the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, to Book 111, Page 1015. PARCEL NO. 10-22-0525-010 File #: 136251 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. /) I ,-- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 1 1 J ©fo /l CV) v , (co ? I V ? ? i PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : CUMBERLAND COUNTY PAUL E. ILLINGSWORTH, JR. A/KJA PAUL : M.ILLINGSWORTH : No. 06-3374 KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: I -- - S ?O FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: June 29, 2006 /jmr, Svc Dept. File# 136251 AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY (JMR) WASHINGTON MUTUAL BANK, F.A. Plaintiff Vs. PAUL E. ILLINGSWORTH, JR., A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Defendant SERVE AT: 538 SOUTH MECHANIC STREET CARTHAGE, NY 13619 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action N0.06-3374-CIVIL TERM File Number136251 SERVED Served and made known to PAUL E. ILLINGSWORTH JR. PAUL M. ILLINGSWORTH Defendant on the day of ul 20C?,at D" o'clock, M., at 5?8 5, M*cu4h c st City in the manner described bell X Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Relationship is -Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) -Agent or person in charge of Defendant's office or usual place of business. _ and officer of said defendant company. Other: rTR44awc Stk rn , a competent adult, being duly sworn according to law, depose and state that I personally handed to P?L Yt c rKasu.>?w _ a true and correct f the #Aw b~ f-Ad&-OC C ?L c ,4Cr•`?? " issued in the captioned case on the date and at the address indicated above. rn to and st s ed lee thi day Served B m 04 2 2NOT SERVED day o 20, at o'clock M., Defendant NOT FOUND because: Unknown No Answer Vacant Cgwomsionan?st?6SJ4%ey, 2008 Before me the day Of 20_. Notary: Not Served By: Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 CJ ?i C]'• _? J _i - ___ - ?, ' _ ._ { PHELAN HALLINAN & SCHMIEG, L.L.P. " 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 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA CIVIL DIVISION NO. 06-3374 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against PAUL E. A/K/A KARLA M. SILVIA, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 6/14/06 to 8/8/06 TOTAL $129,296.59 $1,086.80 $130,383.39 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, pQpy attached. SCHMIEG, Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Q/1 n ?'. oZOC? _1 ' l PRO PROTHY 136251 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 Philadelphia, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY PAUL E. ILLINGS WORTH, JR., A/K/A PAUL M. ILLINGSWORTH :NO. 06-3374-CI7VIL TERM KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVA Defendants TO: KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVA 4187 NANTUCKET DRIVE MECHANICSBURG, FA 17050 ME FILE COPY DATE OF NOTICE: JULY 28.2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLMAN & 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 Philadelphia, PA 19103 (915) 563-7000 - WASHINGTON MUTUAL BANK, F.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY PAUL E. ILLINGSWORTH, JR., A/K/A PAUL M. ILLINGSWORTH :NO. 06-3374-CIVIL TERM KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVA Defendants TO: PAUL E. ILLINGSWORTH, JR., A/K/A PAUL M. ILLINGSWORTH 538 SOUTH MECHANIC STREET CARTHAGE, NY 13619 FILE COPY DATE OF NOTICE: JULY 28.2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE Plaintiff, V. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3374 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEGESQUIRE, 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 PAUL E. ILLINGSWORTH, JR. AIK/A PAUL M. ILLINGSWORTH is over 18 years of age and resides at, 538 SOUTH MECHANIC STREET, CARTHAGE, NY 13619. (c) that defendant KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA is over 18 years of age, and resides at, 4187 NANTUCKET DRIVE, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. j t C? 44. -T-) f sn r? ?CJ Q G N (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE Plaintiff, v. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3374 Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: If you have any questions concerning this matter, please contact: DANIEL SCHMIEG, VQUIRE Attorney f r Plaintiff ONE PE 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." Lw?? SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-03374 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS ILLINGSWORTH PAUL E JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ILLINGSWORTH PAUL E JR AKA PAUL M ILLINGSWORTH but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT PAUL M ILLINGSWORTH 5155 EAST TRINDLE ROAD NOT FOUND , as to ILLINGSWORTH PAUL E JR AKA MECHANICSBURG, PA 17050 HOUSE IS VACANT, DEFENDANT MOVED TO FLORIDA. Sheriff's Costs: So answer Docketing 18.00 Service 8.80 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 41.80,/ PHELAN HALLINAN SCHMIEG 7.J9-0" 06/21/2006 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NQ: 2006-03374 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS ILLINGSWORTH PAUL E JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ILLINGSWORTH KARLA M AKA KARLA M SILVA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT M SILVA , 5155 EAST TRINDLE ROAD , NOT FOUND , as to ILLINGSWORTH KARLA M AKA KARLA MECHANICSBURG, PA 17050 HOUSE IS VACANT. DEFENDANT IS SUPPOSED TO BE LIVING WITH HER MOTHER. Sheriff's Costs: So answe Docketing 6.00 Service .00 Not Found 5.00 R. Tho s Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00? PHELAN HALLINAN SCHMIEG 06/21/2006 C? 7iyfoo Sworn and Subscribed to before me this day of , i HIr A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03374 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS ILLINGSWORTH PAUL E JR ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ILLINGSWORTH KARLA M AKA KARLA M SILVA DEFENDANT the at 1448:00 HOURS, on the 7th day of July , 2006 at 4187 NANTUCKET DRIVE MECHANICSBURG, PA 17050 KARLA M SILVA AKA ILLINGSWORTH by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 12.32 Affidavit . 00 ?i°?=?'?- Surcharge 10.00 n^ R. Thomas Kline 40.32,/ 07/10/2006 Cam" 7/?y j',, PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: ? ?, before me this day Dep ty She iff of A.D. PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Court of Common Pleas 11200 West Parkland Avenue Milwaukee, WI 53224 Civil Division Plaintiff VS. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants Cumberland County : No. 06-3374 Civil Term MOTION FOR APPOINTMENT OF COUNSEL Plaintiff, Washington Mutual Bank, F.A., by its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order appointing counsel for Defendant, Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth, in the above-captioned action for the following reasons: On or about February 24, 2004, Defendants Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth and Karla M. Illingsworth, a/k/a Karla M. Silvia made, executed and delivered a mortgage to Mortgage Electronic Registration Systems, Inc. in the principal sum of $125,600.00 for the property at 5155 East Trindle Road, Mechanicsburg, PA 17050, which mortgage was recorded on March 2, 2004 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1865, Page 3493. A true and correct copy of the mortgage is attached hereto, made part hereof, and marked as Exhibit "A". 2. Mortgage Electronic Registration Systems, Inc. delivered an Assignment of Mortgage to Plaintiff, which assignment was recorded on October 12, 2006 in the Office of the Recorder of Deeds of Cumberland County in book 731, page 509. A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "A V. 3. The mortgage is in default because monthly payments of principal and interest upon said mortgage due December 1, 2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default of such payments for a period of one month, the entire principal balance and all interest due thereon are collectable forthwith. 4. Plaintiff filed a mortgage foreclosure action against Defendants on or about June 14, 2006. A true and correct copy of the Complaint is attached hereto and made part hereof as Exhibit "B". 5. Plaintiff has learned that Defendant, Karla M. Illingsworth, a/k/a Karla M. Silvia, may be on active duty in a branch of the United States Armed Forces. Plaintiff inquired of the Department of Defense and received notification on April 11, 2008 confirming that Defendant is on active duty. A true and correct copy of the notification is attached hereto and made part hereof as Exhibit "C". 6. Title 50 U.S.C.A. §521 (b)(2) requires the Court to appoint an attorney to represent a Defendant who is in the military service, and for the appointed attorney to satisfy the Court by protecting the Defendant's interests prior to the entry of judgment. 7. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Appoint Counsel and Order to the Defendant on June 17, 2008 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit «D» 8. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court appoint an attorney to represent Defendant Karla M. Illingsworth, a/k/a Karla M. Silvia, in order to inquire into the Defendant's military service and to file a report with the Court within 30 days from the date of the Court's Order as to what impact, if any Defendant's military service has had on her ability to pay her mortgage and counsel's recommendations. Date: Respectfully Submitted: PHEL HALLINAN & SCHMIEG, LLP By: Mi h'ele. Bradf rd, Esquire Jenine R. Davey, Esquire Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Court of Common Pleas 11200 West Parkland Avenue Milwaukee, WI 53224 Civil Division Plaintiff VS. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants : Cumberland County : No. 06-3374 Civil Term PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR APPOINTMENT OF COUNSEL The Servicemembers Civil Relief Act, 50 Appendix U.S.C.A §501 et seq., provides that a plaintiff may not enter a default judgment against a defendant who is on active duty in the military. 50 App. U.S.C.A. §521(c)(2). Section 521(b)(1) provides that any default judgment filed against a defendant shall have an affidavit of non-military service attached to it. Therefore, when a defendant is on active military duty, a default judgment cannot be filed against him. Section 521(b)(2) states, "the court may not enter a judgment until after the court appoints an attorney to represent the defendant." Accordingly, Plaintiff is unable to proceed with its foreclosure action until the Court appoints an attorney for the Defendant. To ensure that the interests of Defendant, Karla M. Illingsworth, a/k/a Karla M. Silvia, who is presently believed to be in military service, are properly represented, an attorney should be appointed to represent her to inquire into her military service, and to file a report with the Court with counsel's recommendations. The appointed counsel would need to make contact with the defendant, either through the defendant's family, or by contacting the defendant directly where he is stationed. Once contact has been made, the appointed counsel would need to ascertain the defendant's ability to meet her mortgage obligations and whether the defendant's military service adversely affected her ability to make monthly mortgage payments. WHEREFORE, Plaintiff respectfully requests that this Honorable Court appoint an attorney to represent Defendant Karla M. Illingsworth, a/k/a Karla M. Silvia, in order to inquire into the Defendant's military service and to file a report with the Court within 30 days from the date of the Court's Order as to what impact, if any Defendant's military service has had on her ability to pay her mortgage and counsel's recommendations. Date: p? Respectfully submitted: PHE HALLINAN & SCHMIEG, LLP By: M ele M. Brad rd, Esquire Jenine R. Davey, Esquire Attorneys for Plaintiff EXHIBIT A MINI 1000702200400123M MORTGAGE THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. DEMITIONS • I Wads need in mub* nowuns of this dommeat we defined below and other words arc defined in Sod ws 3, 10, 12. 19 and 20. Certain roles resardmg the usage of wads used in this docvua nt an also provided in JI Section 15. (A) "8ecou* Iastsassat" moans this doctunent, whidt is dated February 27, 2004 , togedw with all Riders to this doeumag. I (B) "Borrowar" is Paul E Illingaworth Jr and Karla Minpawortft i Borrower is the mortgagor under this Security Insttumeat. (C) 4481t8" is Mortgage Eearoaic Regis a6un Syaans, Inc. MFRS is a separate cagwration that is acting solely as a neatinoe for Leader and Lender's atccasors and aaeigaa. MBRS 1, tier mortsssea ender 11615 85100nlty Iastsmaastt, h=S is organised and adsting undo dw laws of Dalaw sm and has an address a5d telephone aembar of p.0. Box 2086, Plitt, MI 45501-202& td. (SW 679-MFRS. (D) "Lander" is Gateway Funding DIVWWI@d Mortgage Services L.P. I ender is a Limited Polio altlp organized and mains totals( the laws of PINNSYLVANU Leader's address is 300 Welsh Road, iBuRdbg S, Horsham, PENNSYLVANIA 19044 i (S) "Nab" mints the promissory note signed by Sawwa end dated February 27, 2004 . The Note slaw that Hennas Owes Ldatdw t'hte Hundred Twenty We Thousand Sir Hundred and no/100 Dollars (U.S. 5125,800.00 ) Plus interest. 1 IYLVw,N1A-diyle timer-ONIFQRl1f IP1SiRUAffi?iP i ?rdrrrKtpn+f m•5s f/ku./4(liiasa) 1.armrca t•""Ma CUM a', i : b !D. Harrower laws promised to pry this ddt in mgWw periodic Psyments and a pay the debt in full not later than Wreh 01, 2034 (1) "Pspssy mems the property that is described below under the heading " Tsander of Rights in the Property-" (G) "lean" mew the debt evidenced by the Note, plus incest, any prepsymalt ebstges and late charges due under due Note, and all sums due under this Security lnarmtent, plus inwesL (1n "R1das" meant all Riders to this Security Instrument that are executed by Borrower. The following Riders we to be executed by Borrower [dwelt but as applicable]: ? Condominium Ride ? Graduated Payment Rider ? Planned Unit Development Ride ? Otter(s) [specify) (ID "Applicable lAww" mama all eomtraIMS applicable Mederal, state and Ipcal su tutes, regulations, ordinance and administrative rule and orders (drat bave the effect of law) as Well as all applicable final, oowppmsisble judicial opinions. If the iadsbtsdness swored hereby is guaranteed-or insured under Title 38, Unite Statws Cod4 each We and Regulsdos Inved dureander and in effect on the date baeof shall govern do rights, dude and babilitie of ft panes ba eto, sad any provisions of this or other ittstrumauu exected in connection with said iudebtedoess which are inconsistent with aid role or Replatios as hereby smeaded to conform thersto. (.n "Cos maky Aomdatlca Due, Fees, and Assesstueatsrr means all duce, fees, assessments and other el ages tbat in imposed on Borrower or the Property by a condominium association, homeowners association or similar orpoizadon. (1Q "8ledroek Foods Treader" me ms coy transfer of funds, other than a transaction originated by check. drag, or similar paper instrument, which is initiated through an electronic terminal, telephonic mstrumeat, comp ser. or mmpotic tape so as to order, instruct, or authorize a ftnaieial institution to debit or =Wit an account. Sub tam includes, but is not limited to. pant-of-ale transfers, automated teller machine traernodaim transfers initiated by telepbone, wire handers, and automaed clearinghouse transfers. (L) "Famrar linear mains those item that am described in Section 3. "Mhallwaoes Preeeaar means any compensation, settlement, award of damage, or proceeds paid by any third party (ollwr than insurance proceeds paid under the cov-ses dslmxibed in Section S) for (i) damage to, or destruction of. dw property; (u) condemnation or other tddog of all or any pat of the Pmpary; (iii) conveymaw in lieu of condemnation; or (iv) misrepresentations and. or omissions as to, the vahte and/or eoodit oo of the Property. PBlt(mMVANIA._$t,a. RsOr-UNWOxat nnarat AINr mamvTasta++t-sw (ftr2gff3pela) T.QWcame6OHMa°me"'?"is'?1IN (N) "Partallc PAYn ar maw the n;ularly scheduled amount due for 0) principal and interest wider the NOW plus (d) any =on= under Section 3 of this Security b mumeni. (O) "RBSPA" MOVIES the Real Estate Settlement Puondures Act (12 U.S.C. 12601 at seq.) and its i imPlaumduS tsrmulsdoum, Ro?ulgion X (24 C FA. Part 3300), as they might be ntxnded from time to time, or arty additional or successor lWastioa or repla nn that Snowily lair neek `MPA" refers to all tt the same at qC matter. used this regniraaaru gad restrictions that imposed in n >eSard to s "WINIKUy rddW mortpge loan" even if the I. sn does not qualify as a 11 related moutgmgn lour. under RESPA. (P) "Successor In Isla st of BorrowW means any PAY that has fallen title to the Property, whether or not that party has assomed Bonower's obl!Ssdoas under the Note and/or this Security Instrument. TRANSFER OF RK*M IN THE PROPERTY This Security Instrument new= to Leader. (i) the repayment of the Goan, and an renewals, exta sioa and moffificatiote of the Note: and (ii) the pef nmmance of Borrower's covenwas god agoanets under this Soovr* Instrument and the Now For this purpose, Borrower does hereby morl#W grant and convey to i MFRS (aoidy a nossiose far Leda and Leaders successors and assigns) and to the successors and amps of MSRS the fabowtej described property located in the [tYw or ?1 Of Cumbactand which currently has the address of $155 EM Tr ndle RO§d M Ip0 burg . Aaunivanin 17050 Mp Codel ("Property Address'7. T006fFIER WTrB all the (mprovanats now or bematter erected on the prppwW, and all asema ts, appurtenances, and tlttwm now or bercalter a part of the property. All replaoanegts and additions shall also FMMW LVAMA-4bab Fmslb6 ?RM DB'PtZ %a= nssrntstos+f-+saa (?trs•3a/lsv ) 70 Welk toao-atsoam°a"i+s at isi I 30 i be covered by this Secrity Instrument. All of the faregobs is referred to in this Security Insmment as the "FIQPQV:" Borrower uadesmds and agrees that MORS holds only legal title to the interests granted by Banowa in ibis Security Instrument, but, if noossssry to coatpiy with law or coucA MFRS (as ncmiaee for I.erhder and Landers mooessors and assigns) her the right: to oxa d any or all of those interests, inchxU,,g, but not limited to the tight to faeclae and sell the Property; and to take any action required of Lender ifao u&& but not limited to. rehassing and canceling ibis Security I strumsnt. BORROWER COVENANTS that Borrower u lawfully msod of the estate hereby conveyed and has the right to mortgage, gnat mad convoy the Pmpwty and that the Property is unencumbered, owept for eaamtbnnees of a ,a . Borrower warrants and will defend generally the title to the Property against all calms and deraods, subject to any encumbrance; of record. THIS SECUR[IT INSTRUMENT combines uniform covenants for naugW no and eon-undom covenants with limited variations by jurisdiction to constitute a uniform security. butrtmteat covering real property. UNIFORM COVENANTS. Borrower and Lacier covenant and agtme as folloWs: L Pgxnant of Principal, Isftaal, Mmrww Items, PrepsymeN Charges, and Late Charges. Borrower shell pay when due the principal of and interest on, the debt evi km* by the Note and any prepayment charges and late cbeges due under the Note. Borrower ;ball also pal (ands for Escrow Iterns Forensics to Section 3. Psycosso duo under the Note and this Security Inatrumem shall be made in U.S. currency. Hcwevar. C my check or other instrument received by Lender as pqum t under the Note or this Seemly loslrum nt is retmsed to Lender unpaid, Leader may requim that any of all subsequent payments due under tins Note and this Security Iastrumss be roads in one or more of the following forms, as selected by Lender: (a) cm* (b) uunney order. (c) co rifled check, bank clsock, tressurer's check or cedues check, pwided my mica cheek is drawn spon an institution whose deposits are inured by a federal agency. imonmumtdity. or entity; or (d) Electronic Prods Trander. Payments are doemad received by I.eruder when mceived at the location designated in the Note or at such other location as my be designowd by Lander in accordance with the notice provisions in Section 14. Leadr noy forum my Payment or partial Payment if the payment or partial payments are insufficient to bring the Lon amwt bender may accept my psyoost or partial Wyrnant hurafficiest to bring the Lem current, without waiver of my tights berstoder or prsjodwo to its tights to fafusy such peymant or partial paysteoa in the films, but I.erader is not obligated to apply such paytne is at the time such payments tae aocopbd. If nab Periodic Payment is applied as of its o6odded due date, then Lender and not pay interoat on wnpplied funds. Loader may bold such unappli d fards until Borrower makes payment to bring the Lam currant If Borrower dos foe do so within a reasonable period of time. Lendersball either apply arch funds or fermi them to Borrower. H not applied amber, each funds will be applied to the oatsm__ principal balance under the Note iffmsdiesely prior to fcseclosum No affect or claim which knower might have now or in the forme apho Lander shag relieve Borrower from snaking peymerts due under the Note and this Security histrunrent A or P? rmiog the covenants and spesstents amned by this Security tyy Instrument. Hvaents or Preoaeds. Except es otherwise described in this Section Z. all paymuu wogftd and applied by Leader shall be applied it the following order of priority: (a) interest due under the Nola (b) pit AI due under the Nots; (c) mounts due order Section A. Such payments shall be applied to each Pttdodic Payment in do ceder in which it bomm date. Any terimheiog amounts shall be applied treat to Las cI 11 second to any other eocunts due under this Security Instrunat, and than to reduce the principal balmos of the Notes MWnV,tteen...araais tVsur--otmrottat DWrtwuuetvr nsaenaApnra-+sha (Pbp4q/15Pa8o) Trae?r4ah?aewg017 to 1 0 If Lender receives a Payment from Borrower for a delinquent Periodic Payment which includes a sufficient smaaat to pay my lone cherp due, the payment any be applied to the deiiaquent payment and the lee shwas. N »staat dm one periodic Payment is outmtanhaing. I.ender may apply any pgxww mosoved from Borrower W do ss ?? of the Periodic Payments K and to the extent that, co?b payment can be d in Bo m any excess exists after the Payment is applied to the fall payment of one more parfodie pay. antt, such emeess may be applied to my late charges due. Voluapry prapsymenu shall be applied fhyt b wry pep L mmK charBas and tben as described in the Note. Any 1k 1, of paymoomissuuruce Pro . or Miscellaneous Proceeds to principal due under the Note shall no euand or postpone the due due, or change the anoom, of the "IC Payaexs. 3. Foods far Raarow guests. Bw owet shall pay to Lender on the day Per9adfc Payments are due under the Note, tutu do Noon is paid is 11611, a som (the "NNW) to Provide for pajrmmt of amounts duo for: (a) ratios ad asessoments; and adder mom whieb c:an attain priority diver this So*y It arwcuett as a lien or cocumibraacs on the Propmtyc (b) hwedold payments or Stound mots an the Pmpety, if any: and (c) premiums for any and all Insurance wguind by Lauder under Section S. Tbosq items are called "Escrow Item" At orlBleetion or at any time during the cam of the Loan, Lender may requite then Commuchy Association Dun. Fees, mud Assessments, 9 soy, be escrowed by Borrower, and sueb duos, fee and onewmatm sbaB bs rot Escrow Item Borrower shall promptly furnish to Lender sp notices of amounts to be paid under this Section. Burrower dull pay Leda the Funds for Escrow Imps union Iender waives Borrower's obliption to pay the Funds for any at all Escrow Items. Lender may waive Burrower': oblipdoa to pay to Leader Funds for any or all Escrow Items at any dune. Any such waver may only be in wnft& In the evert of moth waiver. Borrower shall pay directly, when and wbem payable, the amouatr due for any Baaow hens for whicb payment of Fees hss been waved by Lender and, if Lender inquires, :bail fonish to Leader moolpts evidencing wend Payment within such time period on Leader may require. Bonowers oblipton to molest such paymens and to provide receipts shall for all pnrposss be deemed to be a covenant and somea m contained la this Security Ins vownt, a the pbr ose "eovetumt and spoomear is used In Section 9. B Bosmwer is ob11Bated to pay Escrow Items directly, pursuant to a waver, and Burrower We to pay rho s mount due for an Baotow Item. Lender may examine its tights under Section 9 and pay sucb amount and Borrower" Than be obligated under Section 9 to repay to Leader any such amount. Lender tray revoke the waver as b any or all Escrow Items at any time by a notice Siva * m cordeace with Section 14 and, upon such revocation, Borrower shall pay to Lorca all Funds, and in mach amounts, that are them required under ibis Section 3. to Fonds Lender may. at my time. collect and bold Funds in an amount (a) sufficient to pemit Lender to sWy apaaitmd under RESPA, and (b) not b exceed to conignm amount a lender can ragmen order RESPA. Lender AM estimate the amount of Funds due on the basis of current data and no-bin a Buses of expend own of future Escrow hems or otherwise in accordance with Applicable LAW. The Funds soil be bold in an institution whose deposits me insured by ¦ fedeal agency, instrumentality, at entity (,ding Iwnder, if lender is an institution whose deposits are so losumd) or in any Fidod Homo Loan Baab. Lender shall apply tbo Funds to pay to Escrow turns no leer than the time Weadled order RBSPA. Lender sball am chap Borrower for holding and applying due Funds, annually, anslyzins the,mw account. or verifying the Escrow Item unless Lender pays! Burrower interest on the Funds and Appliable Law Permits Lender to nuke such a charlic. Unless an agredtretn is trade in writiaj or Applicable Law nquos interest. to be paid an the Ponds, Lander shall cot be regtjltad to pay Borrower any iutaest or eandmp our to Pueds. Borrower and Lender can agree in writing, bowever, that interest shall be paid an to Funds. Lender shall give to Borrower, witbout charge, an annual aeoarntinS of the Buds as required by RESPA. PUQGnV P-*--UNWOEMB,GTR Mwary"ano>-+aar Mr SC SPUM) t.owrmo.tm4a mor"?nTA1ISM,, o • If time in a surplus of Funds bold In escrow, as Mond soda RHSPAm I.ahdar shell account to Borrower for the excess finds in accordance will: RBSPA. U them is a d wrtw of Fulls held in escrow, as delfaed under RWA, Treader shill nobly Bmmwa in requited by RBSPA, qd Borrows shall pry to Leader the amaurK ',1, eey to mete up to sitortage in accordance with RBSPX but in no more than 12 monthly peymsats. N turd is a deficiency of Prods held in sscrow, as defined updm RBSPA, Lender shall notify Burrower a required by RBSPA. and Baraver Ball pay to I.er:dler the amount necessary to mate up the deficiency is aeosrdaese with RBSPA, but In no snore than 12 monthly Igmegts. Upon payment In Mid of all soma secured by this Smarty Iosountant, Lender shell promptly refund to Borrower say Funds bald by Lender. d. C'bwrq Lines. Borrows :bell pay all taxes. assessments, dwSq& Minos, acrd impositions swibutable to tb Proputy which an amain priority ova this Security Instrument, lossabold payments or ground roars oe oho Ptopeny, if any. and Community Association Dues, Pam, and AdseearteaW if any. To the axtaat that Wsse ieeoa are Bscrew hints, Berrower shell pay them in the mimW provided in Section 3. Borrower AM promptly died args any tiea which has priority era this Security instrument unless Bonower. (a) apes in writing to do payment of the ohmligaion secured by the lis j in a manner acceptable to Leach, ban only an Ioog as Borrower is performing such yreemenr (b) contests the lion in good fahh by, or defends against adbicaneet of do liso in, legal proceedings which in Lender's opinion operate to prevent time edarcemeot of do lien while those proceedings we pending, but only upW such proceedings are condoded; or (c) aacures foram the holder of the Has an agreement atis<actory to Leader mbordinsdag the lies to olds Security Insa n ea H lender dslemims that any pat of the Property is subject to a lien which an eaushn priority over Wis Socnrity Instrumo . Lender any give Borrower a notion identifying the lien. Within 10 dqs of the dew on which that notice is given, Borrower shall satisfy the lien or Was one or more of the actions not forth alcove in this Section 4. I.snder may equine Bunower to pay a onetime charge for a red estate tax vgdflcadon aaft reporting service mad by Leader in connection with this Lon. & Fie" 11 howa a. Borrows d" koW We Improvements now eat*ng or haaatter enacted on the Property loaned "dent lone by &% hseauds included within the term "e *WW coverage" and any other hazards Including. but not limited to, cad quabas and floods, for which Lesdpr mgaires insurance. This insurance doll be maintained in the amounts (including deductible kvds) and f9r do periods that Lander requires. Who hander reephm pursuant to the pecediug sentences can change dujfng the lam of the Loan. The insurance anier povmft the insurance " be chosen by Borrower :object w Leach's right to diappove Batower's choice, which right shall not be exacted unreasonably. Leader may require Borrower to pay, is connection with this Lone, either. (a) a ow4imm charge for flood not determination, certification and tracking services; or (b) a one-time ehuge for flood nue detutdastioa and unification services and subsequent cbwjn sacs time ramsppings or sim7er changes occur which reasonably night affect ash duair instion ae cordfiaoon. Bonowear "also be responsible for the payment of any fees imposed by do F adeed Bmuraancy Management Agency in connection with the review of any flood zone determination rssuldng from an objection by Borrower. N Borrower fob in maintain any of the coverages described above, Lengw may obtain insurance coverage, at Lender's option and Bonower's expense. Lender is under no obliptioo to purchase any particular type or amount of coverage. Thordors. such coverage shell cover Lan+, but might or might not protect Borrower, Bonowar's equity lo the Property, or the coooms of the Property, against any risk. hazed or hobility and might p nde greater or Isms coverage than was pmvbgdy in effect. Harrower admowledges that die one of We Inarranae cove so obtained night sigaftaidy exceed the cost of inarnaue that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shll beooaoa additional debt of Borrower acwW by this Swurity Instrument. These ampuna shell bar interest at rQQeitt "MA-441a t.ta.taamahnstsahso°nc"?ia i +r? Mwermwstane!-+w (rws6flisma) 0.0 "A the Note rate from dw dots of disbunemeat and shall be payable, with such interest, upon notice from lender to Borrower tequsraat psyn-L AB insurance polities squired by Lender and renewals of such policies shill be eutgact to Landers right to disapprove such policin shall include a amderd maltsase clause, aiud shell name Leader as morigmoe aodibr as an additional loss payee. Lander shell have the right to bold the policies and renewal ontiAeates. If Lender ngoaa, Borrower shell promptly give to Lander all of paid premiums and renewal notices. U Borrower obtains any form of insurance coverage, not how! required by Lender, for damage to, or destruction of, tha Property, such policy shall include a ttanderd wortpp clause and shell name L Ww as maltpses sodlor as an additional low payee. In de event of low, Borrower shall sin pump notice to the insurance carrier and Lender. Lender any make proof of lots if not mete pranpty by Borrower. Unless Lander and Bot}ower otherwise apse in wndm, my haannee proceeds. whether or not the undalying insurance was requited by I.anda, shall be applied to nourdim or repair of the Property, hf the restoration or repair w eooaomiealliy feasible and Larder's save ity is ant lessened. During such repair and maturation period, L.ea4er shall have the right to bold Rich insurance prooasds until Lender has had an opportunity to inspect such P(oparty to own the work has been completed to Lenders asps[action, provided that such inspection aheli be undartalm promptly. Lender may dkbns preose . for the repairs end tataradw in a single pymam at in a series of progress AMC= ss 1110 walk is etumplaed. WON an Wee m ft is made IS writing or Applicable Law Warm to be paid on such insurance proceeds, Leader shall not be required to ?a combo am such proceeds. Fees for public adjusters. Pad Borrower eany r shell or paid out of the iewranos 1°0a'. or other third parties. tweed by Borrower shall l not tot be proceeds and shag be the woe obliption of Borrows. If 111e maturation or repair is not economically feas'ble or Lender's s corky would be lowenW. the iunaamrx ptpceeda shall be applied to the snag ueeor0I by this Sam" Instrunumtt, wbatbs or not then due, with the awcM if any, paid to Barrows. Such Iaalsenos 1 , - Pds shall be applied in the order provided for in Secten 2. If Borrower abandons the Property. Lends may file. negotiate and settle any available insurance chum anti related mudis s. If Borrows does not teepond within 30 days to a notice 5om Lards that the insurance carrier has ogled In settle a claws, then Leader may neptiatc and settle the dabp. Mw 30day period will begin when Me notice is even. In either event, or if Lends acquires the Ptopody under section 24 or nos to exceed R? ? to Lender (a) Borrower's rights to any iusunmpe proceeds in en amount nights (other er then the unpadi under the Now or this Security h strarman, and (b) any odor of Balrowes th & to y N ?? paid a such by B ) under all insurance pdWu the coming the ere Pt How are applicable to the oovomp of to Property. Leads may use the proceeds either to repair or eeesore the ptopaty or to pry Amounts unpaid under the Note or this Soca ty Iaanmant, whether or mot them dare. 6. Ocmpmq. Borrows shall nom, twablish, and use the property as Harrowers princi fcdme within 60 days Stier the execution of this Security lummml acid shall contian0 to occupy ? Property as Bonawer's principal veddence for at eaa oan year aflar the doe of 4oarpen:y, unless Larder othtrrwhes agrees in wrUlrhg, which consent shall not be unreasonably wit dWK or unless etttenualim cac m wmw erlht which ate beyond Borrower's control. % p4? vartay IYlaldmsa acid Pnbellen of the PmPwtYt Imepee(loea, Borrower shell not destroy. damap or impdr dw property, allow the property to deteriorate or waygit waste on the property. Whether or mot Bo trear is rasbing at the Property, Bamewer shall numumn tbs property in order to prevent the Raparty JIM deteriorating or decreasing in value due to its condition. Unless it is dasnmdeed pennant to Sscd m S that npdr or nertowtom is not economically feasible, Borrower shall poRdy repair the property if dammed to avoid ft dm deverionNon or damage. if insurance or oon&mnm n proceeds are paid in Malcolm with chrome 1% or the tddrA of, the property, Borrower shall be responsible for repairing or PWQGvt v tltu 41s@b cdswrwa macsrnutdnrrrurus (ldgp>'gflJPsty) r.a+rwct•roaso-etso° `pi m-"> • roaaring tie Property only if I.mlder has released proceeds for such plrpoom. Leader may disburse proceeds for do repairs and raaeaeoradan in a single psymert or is a series of prows payments as tie work is oceplted. u des los rmsom or coodemmioo pnooee . we act nhfficiaut to rep* or rsseae the Property. Borrower a act relieved of !Borrower's obligation for the completion of such repair or testoration. Lader or its spot may mats reasonable entries upon and inspections of tie property. V it has reasonable cause. !render may inspect the irttttdor of tom improvements an tie 11opaty. Lander shall give Harrower random at do than of or prior to such an interior inspection specifying am* reasonable cause. a Bormavem Iwae Appbmdort. Borrower doll be in default it Meng tie Low application poem Harrower or any ps:roas or entities acting at the direction of Bornbwa or with Sarmwer's kwwlsdgs or cement gave nomMy false, misleading, or inacc uate infarrnadop or statements to lender (or failed to provide Leader with material information) in csnseaion with rho Loam. Mus riai repro mmmm iaelad0, but ass net limited In, rep =mudeas concerning Borrower's eeoup)mcy, of the property as Barower'sprincipal random= P. hefted= air l edee's lnbreat In &a Pfopwq sad R%kts Under this Secorhy lnuwm= . If (s) Borrower Nils w psdeem the covowim and agreements contained in this Sedmity Ineru nwK (b) time is a legal poocoo ft mist ad& significantly affect Lender's Worm is the Property andlar rights under this IWWt=MK (Inch Mon ? a p Haug in banivuptcy, probate, for condsgmadon or forfeiture, for may priority over this Security lesatmhat or to enforce laws or rephdoamN or (c) Bono ror has shandeeed the Property, then Leader may do and paps for whatever is reason" at app a riato to protect Landers bomest in tie. Property sad riots under this Security lmammK including proutting aodAw amt Moe the value of the Property, and asdur aig and/or repairing the property. Leader's actioae em include, but are wit limited to: (a) paying any not* asemed by a lion which law priority over this Searity Lntri meM (b) approving in man and (c) poyinS attorrays' fees to protect its iaterea in the Property and/or rights under title Security lusaumeat. ' tta seemed position is a basiornptey peooemdiag. Searing the property includes, but is not limited to. entering the property to make reports, domgo loch, toplaee or board rep dons and windows, drain water from pipes, eliminate building or other code violaboom or dangerous conditions, mad have utilities named an or off Although I.ahdm may two madam under this good= 9. Leader duo not have to do so mad is test ander any duty or obligation to do a. It is agreed that Loader inmars no liability for not taking any or all medons authorized under this Section 9. Any mo orals disbarred by Lander under this Section 9 short become addJWW debt of Borrower asmaad by Us Security b*==L Theme ammmts shall irons interest at the Nets rate from. the data of dubunsmmt and doll be payable, with suck interest, upon notice from Lander to Banower negueaing PgYmmr. If this Security hn&mnat is on a leasehold, Borrower shall comply with all Ile provision of the lease. If Borrows aogairrs fee site to the Property. the leametmold and the fee No shall not merge union Lender opens w the merger in writing. ld: Awlgrrtna d of Waoawmmoum Proceeds; Forfeiture. All Miscellaneous proceeds we hereby swiped to nod dames be paid to Lander. If the Rap" is dammed, such Miscellaneous Proceeds shall be applied to neaormtion or repair of the Property, if do tomadw or repair is ecaaomically feasible and Lenders de" is not lammed. During such repair and rmaotrsian period, !ender shag have the right to bold such MrrQellamwA Proossds until [reader has had am opportunity to ;aspect such Property to ensue des work bas belt omapkted to Leader's addax Pr'm'illed that surA inspection dksll be undertaken promptly. Lander ropy pay for due repairs and restaaoiorm is a aiyk disbuasmsm or is a series of Pmomm payments a the wort) is coawkW. Unless an agreement is mde is writing or Applicable Law rmptires intereat to be paid on such Miscellaneous hooeeds, !'II?RiY[.YANIM'ilava ? QertttZ7M?1' m0waspoi ems (Pyrdq/liPgU) T.O.&CA -rpireiemDlM FIIn 0! . 0 Lender shell not be required to pay Harrower ray interest or earnings on such MuKdlansous Proceeds. N the restontiom or repair is act ooononually fastiba or Lender's security would be lepeeaed, the Misodlumous Proceeds shall be applied to the mans scoured by this Security Instrument, whmdW or not than doe. with the taxers, if cry, paid to Borrower. Such Miscellsoeous Proceeds shall be applied im. the order provided for in Section 2. In the event cc a tool MWO& damuctiom, or loos in value of the Property, dF Miscellaneous Proceeds eball be applied so dw awns sactued by ibis Security Lwhtmma, whethar.or not then due, with the excess, if any, paid to Banower. In the evert of a pudd taking, des ruciom, or lose in value of the Property in which the fair market value of the PmWty iumrsdistsb before the partial taking, destruction, or lose in value is equal to or getter than the smoommt of dhe sums tacun A by this Security Instrument immediately before the partial W&M destruction, or loss in vshm unim Borrower and Lander otherwise ww m writing, the suns secured by this Semm* Instrument shall be reduced by the amotmt of the Misodlsasous Prieeeds mddpkied by the following fivotion: (a) due total hmomnt of the moms secured immediately bdore the partial taking, dsetnhaion, or Ion in vahu divided by (b) the fair amska value of the property imntedistdy before the partW tddag. destrao-i or las In value. Any balance shall be paid to Borrower. In the d vest of a partial taking, destruction, or loss in value of the Pmpsrty in which the fair awket value of the Property immediately befwa the partial taking, destruction, or lose in value is lm than the amount of the mm named immediatdy before do par did taking, desbmc iCm, or lose m value, unless Borrower and Leader od wwise now to writing, the Miscellaneous Proceeds shall be applied to the scum aeeaee 'by this Security bwbv pmt whother or not the mar ere them due. N the Pmpwty is abandoned by Borrower, or if, after nodes by Leader to Borrower that the Opposing party (as tallied in the am amteaoe)'offeas to malts an award to settle a claim for damages, Borrower fails to respond to Larder wi" 30 days miler the date the native is given, Leader is aatborised to collect and apply the Misodlmseasm Proaaeds Other to rams rstion or repair of tie property or ig the suns sammod by this Secatity bwavemseK abstimm or mot lbw due. "Opposing Party"' means the third party that owes Borrower Miscellaneous Preach or the party against wbom Borrower has a right of action I regard to Miscellaneous pr-meds Bacrower dha8 be in dda * if my action or proceeding, whether clvB or oriauhal, is began that, in Lender's judgment, could rsmkt in farfeitu! of the Property or odor material mhpsitment of Lender's Wam In the Pmpwty or rigims tinder ibis Sec city hntrum m. Borrower can cube such a tatault and, if acceleration has m mcurre4 rainswo as provided in Sewn 18. by causing the uton or prooso ft to be dimollYed with a ru tg ft% in Leader's judgment. precludes fadfamre of the property or other material impmhwmt of LoWWa intmw is the Property a rights m dw dos 3mmty bwoq wA. 7U proceeds of any award or claim for demam ss do are att ibut" to the impY[mwht of Lender's brazed in the property are hereby sedgmd sod shall be paid to Leader. All Nbodleaeom Ptooeads that ate not appled to restoration or repair of rho Property shall be applied in the order provided far let Section 2 IL Bwmww Not 1Rdsasa/1 Ferbsmraacs by Lender Not a WNver. Eatensim of the time for paymest or modification of amortization of the mans moaned by this Security Iaatrihrrtemt granted by Leader to Baaower or soy Successor in home of Borrower shall no operas to release d1 liability of Borrower or any Suocesewe in ham of Borrower. !.ender shall mot be required to oommen, prooeediogs against any Successor in Intmest of Borrower or to ref ew to extend time for paymdan or od wivise modify mhartiration of the sews aecwed by tlts Searity Instrument by racoon of my demad made by the original Bomm r or any Sueoemra is burns of Borrower. Any forbesrwws by Leader in etercong any right or remedy ins buftg, wkbotm Hark don. Laada's acceptance of payments from third persons, entities or Sueamm in PEWMIYLVAMAM4iralsRam Y-ARMWdINSI'A1AUM nNo mrrerrlemh+>-hwae (P4rV&fI5PgU) To adotutwotir?rgo ?m•trn Internet or Barowr or is amounts less than the amount then due, shall not be a waiver of or preclude the exercise of nay tight or moody. I=. ]dot aed several Lhh ty; Coolgisas; Soccomi s and Aaipo Bound. Borrower covenants and agreas dint Borrower's oblip boas and liability shall be joint and enrarsl. Hopever, any Brrower wbo caergms this SectmrRy kWmwmt but does not sitecute the Note (a (a) )a co sisoued dos Security Inane sad only to mtttpgp. Vim ad convey to co•atiper`s interest in tie Pmpejty under *a toms of this Security Instrument. (b) is not personally obligated to pay the sums; secured by drib Security basttunteat; mad (c) epees dint Lander ad any aier Borrower can spas to attend, modify, Ibebear or malts any aaooaa wiletioos with regard to the reran of this Security bhstrument or the Note without do comdp er's conom Subject to the providoas of Section 17, soy Suowror in Internet of Borrower.wbo somnes Borrower's obligadaa under this security botrtmtaet is writing, and is approved by L,apder, alma ob4ua all of Bormwer's tights and bandits under this Security Instrument. Harrower " not be telasod from Borrower's ohiigatiems and sawfity under this security instrument antes Lander asses to such relaa in writhe. ib covaums and apesmemu of this Security instrierim shall bind (except so provided in Section 19) and bemelit rho ocassas and aayos of leader. I& Loa CooWL Londor may chase Harrower fees for service pafognsd m connection with Brrowa's dolman, for the purpose of protecting Leader's farrier is tha Rop y and riou under WE Security Instrument, sadudis& but mot UmhW to, attorneys' fees, property i and valuation fees. In regard to any odor flea, dw absence of express anhority in dds Saarity Indrumcp to chap a spxifla fee to Borrower Sias act be coatriod se, a ptohbbidion on the charging of sueb fns. Lender may not cheep face thin are wpm* prubil itad by Ibis Security bhmwoot or by Applicabb Law. If the Lamm is abjed to a law wbicb ads maximum ban cbargss, and that lair is finally interpreted so tbot the interest or odor ban cbwSm collated or to be collected in connection WM the Loan noted the permitted Waits„ den: (a) say such hem chop mall be ndwW by On amount, necomy to reduce duo chrgs to due pemitled limit; and (b) any same already collected hom Borrower, Wbieb acceded permitted limits will be nlimded to Borrower. Lender nay cboon to nuke this refund by m ociag the principal owed under the Nuts or by molting a And payment to Burrower. If a refund reduces p i adpol, the reduction will be treated as a p nW prepq n w withont any prepaymot charge (whether or not a propaymem cbozp is provided for under the Nods). Borrower's acceptance of guy sari refund mods by dif au iuyment to Bonowe r will coasdnm a waiver ofsay tight af action Borrower mdgbt have aiming out of suo overchage, 14 Notlosa. All nations given by Borrower or Lady in connection with this Se cur* lesamment mien be in writing. Any notice to Bmamor is eaanectiom with Ibis Security instrtllmern doll be deemed to have bona givaa to Borrower when mailed by first class mail or wben actually dolivaed to Borrower's notice addrees if asst by odor meet. Notion to any one Borrower shall constitute action to an Bortowere uhtbss Applic" Law =Wins ly tetillta atherwiaa The notice address doll be the ?roperty Adducts unless Borrower has daipessed a sobrWSU notice address by notice to L.ender. Borrower shall prompdy notify Leader of Benowar's cimgs of address. If Lands specifies a procedure for reporting Baaower's cbenp of address, des Boooww shag only report a dongo of addtess through that sped5ad p ecodure. lbere may be only one dadposel notion adducts under this Security Instrument at any tae time. Any notice to Lender doll be given by delive ft it or by media` it by first class nail to La xler s address Aq%W beau mdcos Leader hoe doolges red sandier address by notice to Borrower. Any notroo in connection with this security Iurrrucom dM not be deemed to bave been given to Lander until actually received by Calder. If any notice nxptued by this Sscrity iagrtssmat is also required under Applicable Lta, the Applicable Law requirement will satisfy the oonapoodiag requirement under this Security loswme t. Paerf4l.viuGA-ahoFvsat-LWMR U 94WMUbOM rroranaastasr+l-rear IperjoOp5p4al trae¦atMMMCa raot°shUMU ro 0 a IL Goverabag Law; Severablifty; Ruin of Conbruellon. This Security Instrwnent shall be governed by float how and the law of the jurisdiction in which the Property 1s loomas& All rights and obligation command in this Security Immumne t ate subject to any require6mOts and Iimitslions of Andimble Law. Applicable Lags might a tlAcifiy or imp&dty allow the porter to ages by onarect or it might be wleek but such dkmm dell not be construed as a prohibition sgaind igmpan of by contract. In the even fire, any provision or clause of this Security Instru cent or the Note conflicts with Applicable Law, sods conflict shall not afted other provisions of this Sonority Ioswoxat or the Now which can be given effect without the somlliodog provision. As used in thin Sanity Instrument: (a) words of to msscuiive gender don mesa and include correspohuft amm vrotcds or wads of the faniaine gender, (b) words in the. singular shall maa and include to plural and vice verer sad (c) the word "my" Gives sole discre ion without goy obligation to take nay action. IB Beerowees Copy. Borrower dull be Savers one copy of the Note and of this Security Lain ment. 17. Tramshr of tae Prepay. This loan may be declared immediately duo and payable upon treader of the Pmpety searing soh loan to any trtodaee, unless the aeoaphbility of do assumption of the ban is established pant b Sectba 3714 of Chapter 37, We 38, United Shan Coda If Leader exam ism; this option, Leader shell give Borrower notice of acceleration. The notice shall provide a period of mot loss own 30 days from the date the rodeo is gives in wpxdnnm with Section 14 within which Borrower v%mK pay eB shut secured by this Sanity imhnmmot. if Burrower fails to pay these sums prior sm do expiration of this period. Leader may invoke any remedies pautted by this security losaammi without Audw andoe or demand an Borrower. 1g. Bn'vam w% Ryht to Rdmtnb Alter Aomdaatloa. U Borrower meta certain eoa rlidons, Borrower shall have the right to have enfaoement of this security Irutrumeat d w*bnumd at any don prior to the earlim of, (a) Ave days before ssle of do Property purm mat to any power of ode contained in this Security mart nm; (b) such other period as Applicable Law might specify for the kermdnsuon of Batwwar's right to maiuuWK a (c) agcy at It judgmau S this Security Instrument Those conditions ace that Bartwvor. (a) pars Leader all s mss which than would be due under this Severity, hpQtmuut and rho Nate as if no amadendm hod oovegvad; (b) area any default of any other cover ults or agromenn; (c) pays all aspeaa hmassd In sufataiag this Security bmumrna, including, but as Trotted to, rommumble attorneys' fees, property iaalnmorse and vahudon fees, ad other fns incurred for the 11 1 1 s of pmtecdag L mater's n aooo as Leader, may Ism is do haperty ad dO ?t? ,Lis Security laswmhaoi; and (d) takes ads Ptiopety and Agar under this Severity bsru meat, and Borrower's owwadom to pry tha mms seared by this Soctrity ]nstrnnea4 *A continue unchanged. Leader may require that Borrower pry such reinstatement ssmn and expenses in v4 at more of the iWbwbq fans, as salweed by Leads: (a) rah; (b) money order, (c) ced8ed check, bank *d6 mmaly x deck or caskWo cheek, praaided any nub chock is draws upon an iastitulm whose 4epoots we mammal by a federal agency. imstruml eWGy or andly; or (d) Electronic Funds Transfer. Upon mostsrMpaa by Borrower, this Sommity 6hsanmass and obl4pdom second besby shall muuia folly effective n if so acceleration bad ocmm& However. this unfit to reiamao shell no apply in the cssa of moderadom u)ader Section 17. 19. gab of Niter Chmaga of Loan Be rvlmer; Notlem d GrNraism The Npte or s partial interest is the Now (togetbor with this Security Instrument) can be sold one or more dun* without prior notice to Borrower. A ode mdght malt is a change in the madly (known as the "Loam Servican that tokens Periodic Payments dam under the Now and ,hie Security instrument and prforma other mor%W bus servicing obtiPbms under the NOW thin Severity Inatmmmt, and Applicable Law. There agso might be one or moo e6aelgce of the Lam Serrber mmelomd to a sale of the Norm if them is a don of the Lana Servic r, Baerower will be given written action of the odwgp which will mate the gem and addrsss of the new Lem a01D14111olr}?ae (parlICV15pWar) 76OW901404*WOMONO -013.1 fro Services, titer address to which payments should be made and my other iafongation RESPA requires in connection with a amines of ttransfa of servicin& N the Note is sold and dvorcsfW tics Loon is serviced by a Loan Services otter than Ibo pwdmw of do Note, the mw pge lam servo in obligations to Borrower will reps in with the Goan Servfoer or be tranderrad to a s, - - a Goan Serviiw old are not assumed by the Note purah.ees ales otksrwis provided by the Note ptgehsaer. Neither Bsrower oar Lander may eosmaeance, join, or be joined to any judicial action (s either an individnel iidpot or the member of a elm) that arises from the other party's wdopa poraont to this Sec i ity hUdumanl or that diaEa tint die other party ber breached any provision of. or aqy duty owed by reason of, this Sec ti ty IYaWnsat, atndl sucb Borrower of Lander ban notified the other party (wah umb notice even in compftw with the requirements of Section 14) of such alkaed breach and offotded tie other party hereto a raae *Ak period stller do giving of each nodes to Ww corrective actio0. If Applicable Law provides a time period which am slope. before certain action an be taken, that time period will be deemed to be reasonable fbr pspros of this paragraph. The notice of acceleration and opportunity to cure given to Bono over punwst to Section 24 and the notice of amdesadon Given to Baao portiom to Section 17 shall be domed to ready the notes and opportmdty to take corrective action proves of this Saxion 19. 21L Kamrdese Substances. As and in this Section 20. (a) "Hazordoa Subsc ncs" are tbose sabetaoae ddind s toxic or btnntdove substances, pallants. or wastes by Eit boustemd Law and the following aubstaos: gasolloa, keeoeern, other Oanutuble or tonic pettolwm products, toxic pesticides and betI I - volatile. solvents, mosecials containing aabestee or formaldehyde, 4nd radioactive materials; (b) "Swraci mootal Law" mans hdaal laws and laws of the jurisdiction wham spa Property is located that rabra W bsdtk, solely or esvirasmtmal peotedno. (c) " EuviroM=td Cleasrp" includes any response action, rwtedial action. or removal action, as defined in Envirenmeotal Law; apd (d) an "Eaviron ceahW Ca ffidW morn a condition that an at contribute to, or odwwbe uigper an Environmental Ciananp. Borrower doll not awe or permit tie ptesem use, disposal, swrago, or rdam of any Hazardous Substances, or thseuun so release any Haunicas Substances, on or in the property. Borrower than not do, nor allow anyoss sloe to do, saytbi" affeodmg the Property (a) Clot is in vkWos of cry EwAronmeow Law, (b) which encores an Environmental Condition, or (s) which, due to the propane, we, or rakate of a Haaerdave Substance, csantas a otrsGdon that adversely affects the value of tier Property. 71m preceding two seem= shall not Wply to the prouatae. mat, or Morege on the Property of smikU quand is of Huardoan Snbwmn that ace gsn wily recognized to be appoI ate to normal residential ores and to maintenance of the Property Onchalk . bet sot limited to. bmrdooa wbstancs in consumer products). Batower shall pion ipdy give Gader wtitteu 001300 of (a) any invesUlAbolt, claim, demand, lawait or other action by soy pvaw-nW or regulatory agency or privste party inVolving tie Property ad say Hssadoes Substance or Environmental Law of which Borrower has actual knowiedgs, (b) any BovbmrmtwW Coadition, incudin j but not limited to any Willi0g, taking, d ooorge. release or threat of rdese of soy HRardew SnbsAw% esd (c) my condition caused by the pnwmo. use or release of a Haxo don Sobatsnee which adversely affects the valor of die Fwpaty. If Borrower lassos, or a notified by any govern untol or nplamey mhority, or any private party, tint any removal other raatediedon of any Hazardous Sabstam af[aotiog stn Property is necesary, Borrower doll pan tfy take aU necessary rcoWW actions in aooadatnx with Bnvmmm=W Law. Notkiag herein shall coats any obligation on I.aaier for a EavhosoOW Ceanep 21. FtesW>s fta. A fees equal to ona#olf of one percent of the balance of this loan as of the data of uamdar of the Property shall be payable at tia time of trandar to the loon bolder or is mborized agea4 s trasme for ibe Department of Veterans Affairs. U do Harmer falls to pay this fat at the time of transfer. We fee shall csnadtas a additiomd debt to that already seartd by Ws Movement, shon beer interest at the rate basin provided, sad, at do option of the payee of the indebtedness hereby secorotl or any transform thereof, eaQ6vt vataw-say. t nvsrauasstrr mahana?tatoms}case (Fav1jgriSPaeat) T.orasrn measoOC M sbaU be ism edfatdy doe and psyabha This fee is aulo tatically waived if the UFAM l' is exempt under the pro vi s6 of 3t USX. 3729(6} 22. Pswce 0 Chrla. Upon application floc approval to allow assumption of thu loak a prooessiag fee may be dwglod by to too holder or its authorized apot for determining * ca""twodrdid w of the manner and submgooo* revising the blower's ownership teen I what an approved transfer is completed. The mecum of tole dmp shall not exceed the maw= esuMbbed by the Depgtmsot of Vdcr ms Affaie for a loan to which Secdoo 3714 of Chapter 37. Title 31L United States Code appUn. 23. ladaamk LLblky. U this obligation is assured, then the mo muer booby aposs w a one all of the obligations of the vow as under the terms of the instruments orsating nod aauiag the loan. The aremerr Mbar Ipea to Indemnify rho Department of Vetemoo Affairs to the extant of any dam payment arising from the SonooW or issuance of the Indebtedness uatad by this instnampn. NON-UNWORM COVLiNAM Borrower and harder further covenant and agree as follows: 21. AesoM Ilma; Raanspes. L %Ww shag give a stlee to Borrower prior to amahswtlsa Mowing Bwn ww% 6swrteI at any wroneW w mpwoeat in this fieewily Inshi must ON mot prior to neoslaattarr aadw Section 17 unless Appl cable law provides odwrw is4 leader shall aotl4 Bwmww *4 awmq odor ddW (a) the daSesdy (b) the action tegolred to ells tlm dttf4ullI, (e) whm tea dohnk most be eared; ad (d) toot OtSars to ease tm debalt r spmdllmd may react In aevelmodoei at Ib some asreed by We Seeartty loNtammy Medoaore by Judleld promedlag and mas et sioPnpm Leaisr doe beret bdorm Bavower of the right to r*wfto oiler roc mmdoa ad riser eight >• ttrraeet fe the aeedasore peecemdlaR the oat-a bloc o ota dellpM err arm other dshose of Borrower to sca lwaillou ad lbswdaarra. U do deholt is not cured a spadMdt LmAw at Its option my ragaie hoaaMmM paromat to bS of all sat sacred by this Sec+aily Irtrununt wllboat Ilor i r demand ad may fhedme this Severity boaramatt by Judicial projeadlo& Leader doll be md* d to emYnel d expenes Inowed In potwlog the remadlm prorWed Ice"Section 24 bodMo& but not NOW b„ altwwpar has sad cols of dib evMem to do stmt pmraglied by Applicable law. IL Reoara. Upon payment of all ems mewed by this Security Imtrmead, ibis Security Inwvment and the suers conveyed shall tamboac and become raid. Miser such occurrence, header dull discharge and satisfy this 3ewrky lamnonent. Barmwar shell pay sop recordation costs. Leader mry charge Borrower a fee for rdsool" this Security Mtrtnemt, but only if the fee is paid to a third party for services rendered and the chsrgbS of do fog is permitted under Applicable Law. 2i. WmNmes` Demmer, to the extant permitted by Applicable Law, waives and relmses nay error or defects to proceedings to dace dw Security hotr muent, and hereby waives doe boodt of any proms or fuuae laws providhtg for stay of aromaloq extpalon of time, exemption from attachment, levy and sale, and hoome"M exampoiah. 27. Ralmmoloomot Parlod. Borrowees time to reinstate provided in Sec*m IS shall extend to one hour prior to the commencement of bidding at ¦ obardrs ale or whet sole paasusta to this Security InanmmL A Pserv hose Macy Moctpga. If any of the debt mewed by this Security Instrument is lent to Borrower to aoyaoo We to the Atop rry this Security Instrument shall be a pw men money mortgage. 29. bdervol Ruda After Jodpwat. Borrower memo that the interest rob payable after a judgment is entered on the Note or in an action of motpp foreclosure shall be the rate payable troth time to time under the Note. "M4MYLVW4AM-afrgisF-0-Waco m TNSTaUMERr Mwerrttwcout>-has (PW13gftSpga) T?osrartass>oaom°are i ttti 0 ls BY SlaRM BELOW. Baeower mcepta and opm to the mm and owrounts contained in pgas 1 through IS of th is Security baatrnmeet and in any Rids =ccuted by Bwower and rocarded with it. Jai& 4A (SOW) E Illep wom dt Karla 119"otroM erR,ow.. .Bay . POMYLVAM&-ft lst-tq-umouttNSYmmum rrwvml-lgml saw (Pwl4eflgma) T. aftCAHooar-comaft*l*m +ui AM 40 i State of PENNSYLVANIA Oouatyof CicmbffIFrW On this due 27th day of February 2004 . bdb m me, Karp gRngsatorth the undersigned offmar, personally appeued Paul E IRingswortb Jr, known to mm (or saddactarily proved) to be the pame(s) wham name(s) ARE strbribad to the within htstrrmwat and acknowledged that THEY executed the same for the purposes diem conwined. IN WnTIESS WHEREOF, I hemmto set my hand and official sal. Ea:otor F. ry isbik ? My wma? AND* dd marts After Recording Rmmm To: Qalawsy Funding Dttreralfled Mortgage Swims LP. 300 Walsh Road, DMRding 5 Horahsm, PENNSYLVANIA 19044 enwsrr v wu.mb pwdr-tank ym asetmraQirt• ns?rs»Kwcamr}. (pw 15 6115 pasm) r.ari?a>?roaro-arfar°,cm"nF °n 04 -.).1 VA GUARANTEED LOAN AND ASSUMPTION ]POLICY RIDER NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. TFUS VA GUARANTEED LOAN AND ASSUMP 7ON POLICY IS MADE this 27th day of February 2004 , and Is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of That or Deed to Secure Debt (hereitl "Sectuity Instrument') dated of even date hatwith, given by the undersigned (heroin'Borrower") to secure Bamowees Note to Getaway Th ' an t DDhr oUbd MMwipapa Bervicaa LP. covering the Property described in the Security Instrument and located at 6166 East TrIndle Road MedninloWmM, Penngovanla 17060 RNPOr Ad6m) VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security lnstrurtnent. Batnowa and Leader further covenant and agree as follows: If die indebodaas secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Insmmneat or other instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations, including, but not limited to, the provision for payment of any stun in connection with prepayment of the secured indebtedness and the provision that the Leader may accelerate payment of the secured indebtedness; pursuant to Covenant 17 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. LATE CHARGE- At Lender's option, Borrower will pay a ..late charge" not exceeding four per centom (4%) of the overdue payment when paid mote than fifteen (15) days after 64 due date thereof to cover the extra expeme involved in handling detlatImat psytttetts, but such'9ut charge" stall no be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereb)4 unless such proceeds ate sufficient to discharge the entim indebtedness and all proper costs and expenses secured hereby. GUARANTY: Should the Department of Veteran Affairs fail or refuse to issue its guaranty, in full amount within 60 days fiats the date that this loan would normally becogm eligible for such guaranty committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U. S. Code "Veterans Benefits", the Mortgagee may declare the indebtedness hereby sefared at owe due and payable std may foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law provided MULTISTATE VA GUARANTEED IRAN AND ASSUMPTION POLICY RIDER Page 1012 04 3.4b TRANSFBR OF THE PROPERTY: This loan may be declared immediately due and payable upon transfer of the property securing such loan to say transferee, unless the accgptabMq of de assumption of the loan is established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. An Authorized truster ("assumption") of the property shall also be subject to additional covenants and agreements a set forth below: a) A fee equal to one-half of 1 percent (.50%) of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If tlj asawner fails to pay this fee at the time of transfer, the fee shall constitute as additional debt to that already secured by this instrument, s1aU bear Interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or soy Maisferae the red, shall be immediately due and payable. Thos fee is automatically waived if the assumes is exempt under the provisions of 38 U.S.C. 3729 (c). b) CHARGE, Upon application for approval to allow assumption of this loan, a processing fee essay be charged by the loan holder or its authorized agent for determining the creditworthiness of the asnwer aad subsequently revising the holder's ownership records when an approved transfer is competed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a lam to which Section 3714 of Chapter 37, Title 38. United States Code applies. c) if this obligation is a:wmW. then the assumer hereby agrees to =sum all of the obligations of the veteran under the in= of the instruments creating and securing the 10811. The au ma further agrees to indemnify the Departrndmt of Veterans Affairs to the extant of any claim payment arising from rho guaranty or insurance of the indebtedness created by this instrument. IN VMTM 3 WMEIREOF. Borrower(s) has executed this VA Ousranteed L.0an and Assumption Policy Rider. ANd ¦ ®fte w o dr -Bonower Karp 151 -BGFrV* r Pge2of2 EXHIBIT Al .6. ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that Mortgage Electronic Registration Systems Inc as a nominee for Gateway Funding Diversified Mortgage Services L.P. hereinafter Assignor the holder ofthe Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it, in hand paid by Washington Mutual Bank F.A., "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 Paul E. Illingsworth Jr and Karla IUingsworth to Mortgage Electronic Registration Systems Inc as a nominee for Gateway Funding Diversified Mortgage Services LP, bearing the date 02127/04, in the amount of $125,600.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 03102/04 in the County of Cumberland, Commonwealth of Pennsylvania, in Mortgage Book 1865 Page 3493,. Being Known as Premises: 5155 East Trindle Rd, Mechanicsburg, PA 17050 Parcel No: 10-22-0525-010 13crzFIM 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, RECEKV8 AND 'FAKE, 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 ofsaid Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said Assignor has caused its C orate S alto be herein affixed and these presents to be duly executed by its proper officers this day of , 201d. or ;age Electronic Registration Systems Inc as a nominee for Gateway Funding Diversifed Mortgage Services L.P. --- By. Sealed and Delivered Rick Wilken,Vice President in the presence of us; ttest. State of MINNESOTA CHRIS ANDERSON, VP ss. County of DAKOTA On this day of 204L? before me the subscriber personally appeared _ , , , , Rick Wilken . who ackno edged him/herself to be the Vice President of Mortgage Electronic Registration Systems Inc as a nominee for Gateway Funding Diversified Mortgage ci? I Services L.P., and that he/she, as such Vice President, being authorized to do so, executed the foregoing C D -- + instrument for the purposes therein contained. 1? IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1) Stamp/Seal: BETHANY ANN HOOD Notary P lic ,. N07ARY PUBLIC- NW ES07A p MY COMMISSION EXPIRES JAN. 31, 2011 iV The precise address of the After recording return to: within named Assignee is: Phelan, Hallinan and Schmieg LLP 11200 West Parkland One Penn Center Mil 224 1617 J.F.K. Blvd., Ste.1400 8/7/06-MC B Philadelphia, PA 19103-1814 Document Request n W ee) 'Dr 0631$13003 n-r :"u 4,_, cs• ?J rr? rn -J O N m Z D.K.073 I PGO509 Land Services of PA 400 Fellowship Roast Suite 250 Mit Laure4 NJ 08054 (856) 793-3200 Fax (856) 793-3201 RECORD OWNER AND LIEN CERTIFICATE Issue Date: 06/08/2006 Effective Date: RD 05/26/21006 OJS/PRO 0$/26/2006 Order Number: LTS9162/PA49868 Servicer: WASHINGTON MUTUAL BANK Client Number. 136251 Premises: 5155 East Trindle Road, Mechanicsburg, PA 17050 Hampden Township Cumberland County Pennsylvania Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum no to exceed Two Thousand Dollars. DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Roy M. Benjamin, dated June 21, 1971, as follows, to wit: BEGINNING at a point on the Northern line of Trindle Road, which point is 2904 feet: West of Sporting Hill Road; thence along Trindle Road South 65 degrees West 73 feet to the lime of lands N/F of Gilliam R. Kerrigan; thence along same North 27 degrees West 180 feet to a point; thence North 65 degrees East 73 (erroneously stated as "7e" in preceding deed) feet to a point; thence South 25 degrees East 180 feet to the point of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick dwelling numbered 5155 Trindle Road. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights of way and/or conditions of record. BEING THE SAME PREMISES which Evelio DeBien and Esperanza DeBien, his wife, granted and conveyed by deed dated September 12, 1994, unto Bruce Dieter, the Grantor herein, and recorded on 8KO73 I PGOS 10 ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number:LTS9162 Servicer: WASHINGTON MUTUAL BANK Client Number: 136251 September 15, 1994, in the Office of the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, to Book 111, Page 1015. PARCEL IDENTIFICATION NO. 10-22-0525-010 1 Certify this to he recorded III Cull ',e-rland County PA ?. 1 t EXHIBIT B PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHUI, PA 19103 (215) 563-7000 136251 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. PAUL E. ILLINGSWORTH, JR. AIVA PAUL M. ILLINGSWORTH KARIA M.:II,LLINGSWORTIi A/IUA.KARLA M:. SILVIA 5155 EAST TRINDLE. ROAD. : ME.OHANICSBURG, PA ..17050 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6L - 3.3 1Y l..[U l (, y''1 CUMBERLAND COUNTY Defendants CLVIL ACTION LAS! COMPLAINT IN KQRTGAGE FQ1itECLOSIIRE NOTICE 17 Q c? :E'? Y m ::? a 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 arc served, by entering a written appearance personally or by attorney and filing m 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 witbmd- 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 :a' property or other rights important to you. . YOU SHOULD TAK$ THIS PAPER TO YOUR. LAWYER AT ONCE. IF YOU DO NOT' HAVE A LAWYER, 00 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 WTTH 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 We here/ ceffly Carlisle, PA 17013 within to be a true tend (800)990-9106 aorrM Copy of ft -2A or*W #W Of re=d PHELAN 0 IZA Fib #- 136251 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) 563-70M 136251 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. PAUL E. ILLINGSWORTH, JR. AJK/A PAUL M ILLINGSWORTH KARLA. M. ILLINGSWORTH A/K/A KARLA M: SILVIA 5155 EAST TRINDLE. ROAD. MECHANICSBURG, PA 17050 Defendants 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 WrTH 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 certify the within to be a true w d correct copy of the OrOW fed of mord PHELA N Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 136251 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 FORA 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 #: 13WI 1. Plaintiff is WASH NGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL E. ILLMGSWORTH, JR. A/K/A PAUL M. III INGSWORTH KARLA M. um NGSWORTH A/K/A KARLA M. SILVIA 5155 EAST TRINDLE ROAD MECHAMCSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/27/2004 mortgagor(s) made, executed and delivered a mortgage upon the promises hereinafter:described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GATEWAY FUNDING DIVERSIFIED MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1865, Page: 3493. 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 12/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Fik #: 136251 6. The following amounts are due on the mortgage: Principal Balance $122,783.29 Interest 4,446.00 11/01/2005 through 06/13/2006 (Per Diem $19.76) Attorney's Fees 850.00 Cumulative Late Charges 267.48 02/27/2004 to 06/13/2006 Cost of Suit and Title Search 750.00 Subtotal $ 129,096.77 Escrow Credit 0.00 Deficit 199.82 Subtotal 199.82 TOTAL $ 129,296.59 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. 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, PLAIN M demands an in rem Judgment against the Defendant(s) in the sum of $ 129,296.59, together with interest from 06/13/2006 at the rate of $19.76 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 AN & SCHMII?G, LLP By: /s/Francis S llinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File M. 136251 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Roy M. Benjamin, dated June 21, 1971, as follows, to wit: BEGINNING at a point on the Northern line of Trindle Road, which point is 2904 feet West of Sporting Hill Road; thence along Trindle Road South 65 degrees West 73 feet to the line of lands N/F of Lilliam R. Kerrigan; thence along same North 27 degrees West 180 feet to a point; thence North 65 degrees East 73 (erroneously stated as '7e' in preceding deed) feet to a point; thence South 25 degrees East 180 feet to the point of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick dwelling numbered 5155 Trindle Road. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights of way and/or conditions of record. BEING THE SAME PREMISES which Evelio DeBien and Esperanza DeBien, his wife, granted and conveyed by deed dated September 12, 1994, unto Bruce Dieter, the Grantor hdrein,. and recorded on September 15, 1994, in the Office of the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, to Book 111, Page 1015. PARCEL NO. 10-22-0525-010 File M 136251 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 DATE: i I Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 APR-11-2008 05:42:19 Last Name First/Middle Begin Date Active Duty Status Service/Agency SILVIA KARLA AUG 27-1996 Active Duty Army Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. lot • -' Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individua1 referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defepselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/fag/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BMKUITKTTQT https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/11/2008 1 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3459 Email: michele.bradfordna fedphe com ienine.daveyAa fedphe com Michele M. Bradford, Esquire Jenine R. Davey, Esquire Representing Lenders in Pennsylvania & New Jersey June 16, 2008 Paul E. Illingsworth, Jr. Karla M. Illingsworth 5155 East Trindle Road Mechanicsburg, PA 17050 RE: Washington Mutual Bank, F.A. vs. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth and Karla M. Illingsworth, a/k/a Karla M. Silvia Cumberland County CCP, No. 06-3374 Civil Term Dear Paul E. Illingsworth, Jr. and Karla M. Illingsworth, Enclosed please find a true and correct copy of my proposed Motion to A p ,,11 Counsel and Order. In accordance with Cumberland County Local Rule i 208.30) j. ,,.;,, seeking your concurrence with the requested relief that is, appointing counsel for Karla N1. Illingsworth, a/k/a Karla M. Silvia. Please respond to me by Tuesday, June 24, 20085 Should you have further questions or concerns, please do not hesitate to contaci Otherwise, please be guided accordingly. j truly yours, e e . ord, Esquire Jenine R. Davey, Esquire For Phelan Hallinan & Schmieg, LLP PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3459 Email: michele.bradford(a),fedphe.com jenine.davey@fedphe.com Michele M. Bradford, Esquire Jenine R. Davey, Esquire Representing Lenders in Pennsylvania & New Jersey June 16, 2008 Paul E. Illingsworth, Jr. Karla M. Illingsworth 538 South Mechanic Street Carthage, NY 13619 RE: Washington Mutual Bank, F.A. vs. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth and Karla M. Illingsworth, a/k/a Karla M. Silvia Cumberland County CCP, No. 06-3374 Civil Term Dear Paul E. Illingsworth, Jr. and Karla M. Illingsworth, Enclosed please find a true and correct copy of my proposed Motion to Appoint Counsel and Order. In accordance with Cumberland County Local Rule 208.3 (9), I am seeking your concurrence with the requested relief that is, appointing counsel for Karla M. Illingsworth, a/k/a Karla M. Silvia. Please respond to me by Tuesday, June 24, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, e r squire 4imne R. Davey, E uire For Phelan Hallinan & Schmieg, LLP u i i{ ?i i? ti 'i I; !m 1. c? - 3 'n f (9 i a , B w cV c o o, n v A w N 10 oo v ON LA w C, p ?• y i ? OQ A ? N o z C j I ~ ? I ? A i C I n? ro b Z c ? mm ? Lf ... ?m? ? ? 1 6 ° ? a°y . ? ° ? o° ?° o a ?CA y d Ado app a' A f-ft A 0-01 i ? p R. b 0 y 58 i A fD a i A y i i t y i Is f 0 i ? ro rt 5 7 WtiEr SOYYES 021M $ 02.20° 0004218010 JUN 16 2008 MAILED FOOMZIPCODE 19103 oaf crag A ay m O 'C A air o? w of R° P ? (7 ?x b ? o ?. i Q? O VERIFICATION Michele M. Bradford, Esquire/ 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 Appointment of Counsel 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. Date: PHELAN HALLINAN & SCHMIEG, LLP '\?U ? By: Mic le M. Bradf d, Esquire Jenine R. Davey, Esquire Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Court of Common Pleas 11200 West Parkland Avenue Milwaukee, WI 53224 Civil Division Plaintiff vs. : Cumberland County No. 06-3374 Civil Term Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants CERTIFICATION OF SERVICE I hereby certify true and correct copies of the Plaintiff's Motion for Appointment of Counsel and Memorandum of Law in support thereof were served by regular mail on Defendants on the date listed below: Paul E. Illingsworth, Jr. Karla M. Illingsworth 5155 East Trindle Road Mechanicsburg, PA 17050 Date: U 1?. a Paul E. Illingsworth, Jr. Karla M. Illingsworth 538 South Mechanic Street Carthage, NY 13619 PHELAN HALLINAN & SCHMIEG, LLP By: ?4 '.'91 Mich 1 M. Bradford, Esquire Jenin . Davey, Esquire Attorneys for Plaintiff Cn ?`" -TI u? !SUN 1 920 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A. Court of Common Pleas 11200 West Parkland Avenue Milwaukee, WI 53224 Civil Division Plaintiff : No. 06-3374 Civil Term VS. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants ORDER AND NOW, this day of , 2008, upon consideration of Plaintiff's Motion for Appointment of Counsel for Defendant, Karla M. Illingsworth, a/k/a Karla M. Silvia, and Brief in support thereof, and any response thereto, it is hereby ORDERED AND DECREED that the Court appoints appropriate counsel as follows: I rA to represent Karla M. Illingsworth, a/k/a Karla M. Silvia and to inquire into Defendant's military service. Counsel shall file a report within 30 days of the date of this Order as to what impact, if any, Defendant's military service has had on her ability to pay her mortgage and counsel's recommendation. ORDERED AND DECREED that Plaintiff shall pay counsel t? due to said appointment, upon appointed counsel's submission of an invoice to counsel for a Plaintiff it 41M* ti Y THE RT: J. /Jenine R. Davey, Esquire One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 -"Paul E. Illingsworth, Jr. Karla M. Illingsworth 5155 East Trindle Road Mechanicsburg, PA 17050 -'- ?Pau1 E. Illingsworth, Jr. Karla M. Illingsworth 538 South Mechanic Street Carthage, NY 13619 e; LL -11 r„ • C :6 Wl 0C 3f 9002 3Hi JO vr; Si n,k Washington Mutual Bank, F.A. 11200 West Parkland Avenue Milwaukee, WI 53224 Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Paul E. Illingsworth, Jr., a/k/a : Civil Action- Law Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants : No. 06-3374- Civil Term STATUS REPORT 1. Undersigned counsel was appointed by the Honorable Edward E. Guido to inquire into Defendant, Karla M. Illingsworth's military service and what impact, if any, Defendant's military service has had on her ability to pay her mortgage obligation. 2. Undersigned Counsel was able to locate a former in-law of Karla Illingsworth, a Mrs. Robert Illingsworth from New York. She indicated that it was her understanding that Karla Illingsworth was serving one year of military duty in Iraq. However, she had no further information on Karla's whereabouts. 3. The information provided by Defendant's former mother-law supports Plaintiff's Exhibit "C" from the Department of Defense indicating Karla Illingsworth is on active duty in the Army. 4. Plaintiff's attorney was contacted in late July via e-mail requesting additional information to help locate Defendant. 5. Unfortunately, the information provided by Plaintiir s firm did not help in locating Defendant. Undersigned Counsel left a voicemail on the cell phone number provided but did not receive a response. 6. Undersigned counsel attempted through various online military sites to determine Defendant's military service and/or location but was unsuccessful. 7. The Service Members Relief Act, 50 Appendix U.S.C.A. §501 et seq., provides that a plaintiff may not enter a default judgment against a defendant who is on active duty in the military. 8. Specifically, in regards to Mortgage actions, Section 533 of the act provides that In an action filed during, or within 90 days after a service member's period of military service to enforce a mortgage obligation, the court may after a hearing and on its own motion and shall upon application by a service member when the service member's ability to comply with the obligation is materially affected by military service; (1) stay the proceedings for a period of time as justice and equity require, or (2) adjust the obligation to preserve the interests of all parties 9. Unfortunately, undersigned counsel was unable to directly speak to Defendant to determine whether or not her ability to pay her mortgage obligation has been materially affected by her military service. 10. Based on the above information, it is undersigned counsel's recommendation that this Honorable Court stay the proceedings for a period of time as justice and equity require. Respectfully submitted, Date: pVI,4j ? L-\-A Michael I Whare, squire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Washington Mutual Bank, F.A. 11200 West Parkland Avenue Milwaukee, WI 53224 Plaintiff V. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 06-3374- Civil Term CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire do hereby certify that I this day delivered a copy of the within Status Report upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jenne R. Davey, Esquire Phelan, Hallinan & Schmieg, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 Karla Illingsworth 5155 East Trindle Road Mechanicsburg, Pa 17050 Dated: c'r Michael J. Whare, Esquire <-- F L? ?> c? r, -f? ;-`a c :: =? ? `''? ?1??.'?. w .-=e, _. ?, _?, ? ? ?? j.r PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Court of Common Pleas 11200 West Parkland Avenue Milwaukee, WI 53224 Civil Division Plaintiff Cumberland County vs. : No. 06-3374 Civil Term Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Defendant Paul E. Illingsworth, Jr. a/k/a Paul M. Illin sg worth, only, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: TO BE DAMAGES ASSESSED AT A LATER DATE. I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. JEN R. DAVEY, ES IRE Attorney for Plaintiff DATE: *0-2- W-0-165a P P.0 PRO OT Y PHELAN HALLINAN & SCHMIEG, LLP 400 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 Philadelphia, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY PAUL E. ILLINGSWORTH, JR., A/K/A PAUL M. ILLINGSWORTH : NO. 06-3374-CIVIL TERM KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVA Defendants TO: PAUL E. ILLINGSWORTH, JR., A/K/A PAUL M. ILLINGSWORTH 538 SOUTH MECHANIC STREET CARTHAGE, NY 13619 DATE OF NOTICE: JULY 28 2006 FILE Cu THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT Of -LIEgI' AGAINST"PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILR N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff c 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. Court of Common Pleas 11200 West Parkland Avenue Milwaukee, WI 53224 : Civil Division : Cumberland County V. Plaintiff Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants : No. 06-3374 Civil Term MOTION FOR JUDGMENT Plaintiff, Washington Mutual Bank, N.A., by its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order for an in rem judgment for the Plaintiff and against Defendant Karla M. Illingsworth, a/k/a Karla M. Silva, to allow the Plaintiff to proceed to Sheriff's foreclosure sale for the premises located at 5155 East Trindle Road Street, Mechanicsburg, PA 17050: ., Washington Mutual Bank, N.A., the Plaintiff in this action, has administrative offices at 11200 West Parkland Avenue, Milwaukee, WI 53224. 2. Defendant Karla M. Illingsworth, a/k/a Karla M. Silva and Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth are adult individuals, record owners and mortgagors of the property located at 5155 East Trindle Road Street, Mechanicsburg, PA 17050. 3. On or about February 24, 2004, Defendants Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth and Karla M. Illingsworth, a/k/a Karla M. Silvia made, executed and delivered a mortgage to Mortgage Electronic Registration Systems, Inc. in the principal sum of $125,600.00 for the property at 5155 East Trindle Road, Mechanicsburg, PA 17050, which mortgage was recorded on March 2, 2004 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1865, Page 3493. A true and correct copy of the mortgage is attached hereto, made part hereof, and marked as Exhibit "A". 4. Mortgage Electronic Registration Systems, Inc. delivered an Assignment of Mortgage to Plaintiff, which assignment was recorded on October 12, 2006 in the Office of the Recorder of Deeds of Cumberland County in book 731, page 509. A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "A1" 5. The Mortgage is due for the December 1, 2005 payment, a period in excess of thirty-five months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit "B". 6. 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. 7. Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiffs intent to foreclose. A true and correct copy of the letter is attached hereto, made part hereof, and marked Exhibit "C". 8. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with an authorized credit-counseling agency in accordance with Plaintiffs written notice to Defendants. A true and correct copy of the Notice of Homeowner's Emergency Mortgage Assistance Program is attached hereto, made part hereof, and marked Exhibit "C". 9. Plaintiff filed a mortgage foreclosure action against Defendants on or about June 14, 2006 which complaint in mortgage foreclosure was served on Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth on July 6, 2006 and on Karla M. Illingsworth, a/k/a Karla M. Silvia on July 7, 2006. True and correct copies of the complaint, and Affidavits of Service are attached hereto, made part hereof and marked as Exhibits "D" and "E", respectively. 10. Notice of Intention to enter default judgment was mailed to the Defendants on or about July 28, 2006. True and correct copies of such notices are attached hereto, made part hereof and marked as Exhibit "F" 11. Plaintiff entered a default judgment against Defendant Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth on September 12, 2008. A true and correct copy of the Praecipe for Judgment is attached hereto, made part hereof, and marked as Exhibit "G". 12. Plaintiff is unable to enter a default judgment against Karla M. Illingsworth, a/k/a Karla M. Silva as he is presently on active duty in the military. 50 App. U.S.C.A. §521. A true and correct copy of the Department of Defense Report stating that Karla M. Illingsworth, a/k/a Karla M. Silva has been on active duty in the Army since August 27, 1996 is attached hereto, made part hereof and marked as Exhibit "H". 13. Title 50 U.S.C.S. §520 (1) requires the Court to appoint an attorney to represent a Defendant who is in the military service, and for the appointed attorney to satisfy the Court by protecting the Defendant's interests prior to the entry of judgment. Plaintiff filed a Motion to Appoint Counsel. A true and correct copy of the Motion to Appoint Counsel is attached hereto, made part hereof and marked as Exhibit "I". 14. A Court Order dated June 27, 2008, appointed Michael Whare, Esquire to represent Karla M. Illingsworth, a/k/a Karla M. Silva A true and correct copy of the Court Order dated June 27, 2008 is attached hereto, made part hereof, and marked as Exhibit "J". 15. Defendant Karla M. Illingsworth, a/k/a Karla M. Silva has failed to file an Answer to the Complaint, however, a Report was filed on her behalf on or about August 29, 2008 by her appointed counsel Michael Whare. A true and correct copy of said Report is attached hereto, made part hereof and marked as Exhibit "K". 16. The report indicates that Michael Whare, Esquire was unable to contact the Defendant and was unable to determine for certain if the Defendant's military service has adversely affected her financial ability to pay the mortgage. 17. Defendants have failed to file any responsive pleadings and two months have passed since the filing of the Report. 18. Plaintiff has no other choice than to proceed with this motion to recover its unjust financial loss. 19. Defendants have the right to reinstate the loan up until one hour before a scheduled Sheriffs Sale. 20. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Judgment and Order to the Defendants on October 24, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. 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 «L„ 21. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge Edward E. Guido entered an Order to appoint counsel dated June 27, 2008. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order for an in rem judgment for the Plaintiff and against Defendant Karla M. Illingsworth, a/k/a Karla M. Silva, to allow the Plaintiff to proceed to Sheriffs foreclosure sale for the premises located at 5155 East Trindle Road Street, Mechanicsburg, PA 17050. Respectfully Submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: _ ?? ,1 Ob By: Jeni R. Davey, Esq ire Attorney for Plaintiff a T PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Court of Common Pleas 11200 West Parkland Avenue : Cumberland County Milwaukee, WI 53224 V. Plaintiff Civil Division Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants No. 06-3374 Civil Term PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION FOR JUDGMENT 1. FACTUAL BACKGROUND On or about February 24, 2004, Defendants Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth and Karla M. Illingsworth, a/k/a Karla M. Silvia made, executed and delivered a mortgage to Mortgage Electronic Registration Systems, Inc. in the principal sum of $125,600.00 for the property at 5155 East Trindle Road, Mechanicsburg, PA 17050, which mortgage was recorded on March 2, 2004 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1865, Page 3493. Mortgage Electronic Registration Systems, Inc. delivered an Assignment of Mortgage to Plaintiff, which assignment was recorded on October 12, 2006 in the Office of the Recorder of Deeds of Cumberland County in book 731, page 509. The mortgage is in default because monthly payments of principal and interest upon said mortgage due December 1, 2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default of such payments for a period of one month, the entire principal balance and all interest due thereon are collectable forthwith. Plaintiff filed a mortgage foreclosure action against Defendants on or about June 14, 2006 which complaint in mortgage foreclosure was served on Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth on July 6, 2006 and on Karla M. Illingsworth, a/k/a Karla M. Silvia on July 7, 2006. Notice of Intention to enter default judgment was mailed to the Defendants on or about July 28, 2006. Plaintiff entered a default judgment against Defendant Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth on September 12, 2008. Plaintiff is unable to enter a default judgment against Karla M. Illingsworth, a/k/a Karla M. Silva as he is presently on active duty in the military. 50 App. U.S.C.A. §521. Title 50 U.S.C.S. §520 (1) requires the Court to appoint an attorney to represent a Defendant who is in the military service, and for the appointed attorney to satisfy the Court by protecting the Defendant's interests prior to the entry of judgment. Plaintiff filed a Motion to Appoint Counsel. A Court Order dated June 27, 2008, appointed Michael Whare, Esquire to represent Karla M. Illingsworth, a/k/a Karla M. Silva Defendant Karla M. Illingsworth, a/k/a Karla M. Silva has failed to file an Answer to the Complaint, however, a Report was filed on her behalf on or about August 29, 2008 by her appointed counsel Michael Whare. The report indicates that Michael Whare, Esquire was unable to contact the Defendant and was unable to determine for certain if the Defendant's military service has adversely affected her financial ability to pay the mortgage. Defendants have failed to file any responsive pleadings and two months have passed since the filing of the Report. Plaintiff is left with no other alternative than to file this instant motion for judgment to allow Plaintiff to proceed to Sheriff s Sale to recover its unjust financial loss. II. AMOUNT OF THE IN REM JUDGMENT The within case is a mortgage foreclosure action, the sole purpose of which is to take the Defendants' 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 Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Sipal 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 only for bidding at the Sheriff s 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, while the third party purchaser would obtain a deed to the property. Therefore, the amount of the in rem judgment has no bearing or impact on the Defendants. III. PLAINTIFF'S MORTGAGE FORECLOSURE ACTION DOES NOT COME UNDER ACT 6 OF 1974 As averred in paragraph nine of the Complaint, the notice provisions of Act 6 of 1974 do not apply to this case. Section 403(a) states: Before any residential mortgage lender may accelerate the maturity of any residential mortgage obligation, commence any legal action including mortgage foreclosure to recover under such obligation ... such person shall give the residential mortgage debtor notice of such intention at least thirty days in advance as provided in this section. (emphasis added.) 41 P.S. §403(a). ., Section 403(a) applies only to residential mortgages. Section 101 defines a residential mortgage as, "an obligation to pay a sum of money in an original bona fide principal amount of fifty thousand dollars ($50,000) or less ...". The Act 6 notice provision (§403) does not apply to the within case because the original loan amount exceeded $50,000.00. See Anderson Contracting Company v. Daugherty, 417 A.2d 1227 (Pa.Super. 1979). Nevertheless, it should be noted that Plaintiff sent Defendants notice of its intention to foreclose on the Mortgage, which outlined the necessary steps Defendants should take to avoid foreclosure. True and correct copies of the Notice of Intention to Foreclose Mortgage letters are attached hereto, incorporated herein by reference, and marked as Exhibit C. Because Defendants failed to take the necessary affirmative steps to bring the loan current, Plaintiff had no alternative but to commence foreclosure proceedings. IV. THE TEMPORARY STAY AS PROVIDED BY THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, ACT 91 OF 1983, HAS TERMINATED The Temporary Stay pursuant to Act 91 of 1983 has terminated due to Defendants' failure to meet with Plaintiff or an authorized credit counseling agency in accordance with Plaintiffs written notice to Defendants. True and correct copies of the Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 are attached hereto, incorporated herein by reference and marked as Exhibit C. Act 91 of 1983 requires that notice be sent by the mortgagee to the delinquent mortgagors by first class mail addressed to his last known address. 35 P.S. § 1680.403c(a). The statute specifically provides that notice pursuant to the statute shall be deemed received on the third business day following the date of the mailing of the same. 35 P.S. § 1680.403c(e). The letter contained the name, address and telephone number of Plaintiffs representative, whom Defendants could have contacted to discuss the delinquency and the possibility of qualifying for emergency mortgage assistance. Notwithstanding the receipt of this information, Defendants failed to take action that would have resulted in a temporary stay of the proceedings. Because the homeowners failed to meet with an approved consumer credit counseling agency and file an application within the period specified, and failed to meet other time limitations under Act 91, the temporary stay under Act 91 of 1983 has expired. Plaintiff, therefore, has properly complied with Act 91 and is permitted to proceed with its foreclosure action. Additionally, Plaintiff submits that the Pennsylvania Housing Finance Agency would now consider the homeowners ineligible for assistance due to Defendants' failure to satisfy the procedural time requirements of Act 91 of 1983. V. ATTORNEY FEES AND COSTS ARE REASONABLE As to the attorney fees recited in paragraph six of the Complaint, it should be noted that paragraph twenty-four (24) of the Mortgage clearly indicates that Defendants are liable for an attorney fee, costs of suit, and costs of title evidence if Defendants default on the loan. The attorney fee claimed in Plaintiffs complaint is less than five percent of the principal balance due on the loan. When Plaintiff was preparing its foreclosure Complaint, it could not know how much the attorney fees and costs would be upon completion of the foreclosure action. Plaintiff could not know whether the Defendants would contest the case and, if so, how extensively. Accordingly, Plaintiff used Pennsylvania case law as a guide. Attorney fees are enforced in order to compensate the Plaintiff for the reasonable and necessary expenses of collection. The Superior Court has held that it is inequitable for a mortgagee to expend sums of money for attorney fees in order to collect sums owed to him. Eastgate Enterprises Inc. v. Bank and Trust Company of Old York Road, 236 Pa.Super. 503, 345 A.2d 279 (1975). As a general rule, attorney fees, which are reasonable, will be permitted by the Court. A requested fee of five percent of the outstanding principal balance has been granted by the Court. Pennsylvania Courts have long and repeatedly concluded that such a 5% provision is reasonable and enforceable. 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). It is important to note that the attorney fees called for in the Mortgage are owned by the mortgagee, not the attorney. They are not limited to the actual attorney fees but cover also the extra charges made necessary because the mortgagors failed to meet their obligation. Foulke v. Hatfield Fair Grounds Bazaar, Inc., 196 Pa.Super. 155, 173 A.2d 703 (1961); Harper v. Consolidated Rubber Co., 284 Pa. 444, 131 A. 356 (1925). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney fee of 10% of the original loan amount was not unconscionable. 410 A.2d 344 (Pa.Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney fee of ten percent included in the judgment in a mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa.Super. 1995). Importantly, Plaintiff clearly outlined how Defendants could avoid paying Plaintiffs attorney fees in the Notice of Intention to Foreclose Mortgage, which was mailed to Defendants. Defendants, however, failed to take the necessary affirmative steps to cure the delinquency, or apply for alternatives for foreclosure, which has resulted in more attorney fees. Additionally, Plaintiff submits that the amount demanded for costs of suit and title search in Plaintiffs Complaint is neither excessive nor unreasonable. Moreover, the reasonableness of attorney fees does not create a genuine issue of material fact, which precludes the entry of summary judgment. First National Bank and Trust Co. of Newton v. Enrico, 40 D&C 3d 228 (1985). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney fees and costs as it deems reasonable. Therefore, there is no issue of material fact regarding attorney fees. VI. CONCLUSION Plaintiff submits that it has demonstrated sufficient facts to warrant the entry of judgment in its favor. Plaintiff maintains that it has produced sufficient evidence to establish a prima facie case for mortgage foreclosure. The Defendants have not filed any Answer or raised any defense to foreclosure. Plaintiff respectfully submits that the allegations of the Complaint are, in fact, uncontroverted. Defendants have had use of the Property rent-free at Plaintiffs expense long enough. Plaintiff requests that its Motion be granted so that it can recover the unjust financial losses it has incurred to date. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order for an in rem judgment for the Plaintiff and against Defendant Karla M. Illingsworth, a/k/a Karla M. Silva, to allow the Plaintiff to proceed to Sheriff's foreclosure sale for the premises located at 5155 East Trindle Road Street, Mechanicsburg, PA 17050 Respectfully submitted: LAN HALLINAN & SCHMIEG, LLP Date: \b By: _ J ne R. Davey, quire Attorney for Plaintiff ,a EXHIBIT A 6*-!?Af I t3paftAie.s7htf1tan For awarding Ddal MIN: 100070220040012301 MORTGAGE THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. DEMMONS Words used in multiple sections of this dowmunt we dnfned below and other i 3.10.12. 19 and 20. Censin ml- regardimg the words tic defined in Sections section 15. ° of `PO1 rued is ibis document are also provided in (A) "Saaveiq 1m rummt" -this document, which is dated February 27, 2004 . together with all Riders to this docunum. (B) "Borrower" is Paul E Illingsworth Jr and Karla MIngsworth B--- is the urongagor under this Security Instrument. (C) "MEW is Mortgage Elmm" o Registration Systcros, Inc. MFRS is a se acting mkly as it nominee for Lends and LemdWs smooes:ocs and assigns is ? th°ecntortfaorpopte that is Wb 8ecoelty Iastrsaseat MFRS is an soda oBamzad and existing undo the laws of f Dtdaclawarc, and has an address and telephone number of P.O. Box 2026, Flint. M1 4B501-2026, td. (SSS) 679-MFRS. (D) "L-W-" is Gateway Funding Lender is a L n*W Psrlnershlp DlversHled Mtxtgage Servltxs L.P. the laws of PENNSYLVANIA organized and existing under 300 Welsh Road, Building 5. Horsham, PENNSYLVANIA 19044 - Lenders address is I mommm "Nob" means the promissory tote agmed by Borrower and dated February 27, 2004 .The Note ?o ' gates thu Borm"'er owes Lender One Hundred Twenty Five Thousand Six Hundred and nd100 Dollars (U.S. S 125,600.00 ) Phu interest 1 FDMYLVMVIA-Stile F-Wr-UNIFORM VWMt M E r MW07Qtpmtr ?jta fArelnllJpvje7l toOrOaetr?A69nat7? p? II Borrower has promised to pay this debt in regular Periodic Payments and to pair the debt in full not later than [lurch 01.2094 (E) "Property" means the property that is described below under the beadins'"f ansfer of Rights in the Property." (G) "Loco" means the debt evidenced by the Note6 plus interest. any prepaymealt charges and late charges due under the Note, and all sums due under this Security tnsuumemt, plus interest. (ED "Riders" means all Riders to this Security huuvmeat that are executed by Borrower. The following Riders are to be executed by Harrower (check box as apphcablej: ? Condominium Rider p Graduated Payment Rider ? Planned Unit Development Rider ? Other(s) [specify) (D "APPUCabla Law" means all controlling applicable federal, state and local statutes, regulations. ordinzam and administrative rules and orders (that bave the effect of law) as Well as all applicable fmal, moo-appealable judicial opinions. If the indebtedness secured hereby is guaranto d•or insured under Title 38, United States Code, such Tick and Regulations issued theramda and in effect on the date hereof shall govern the rights, duties and liabilities of the parties hetew, and any provisions of this or other insunmtents examed in cooaection with said indebtedness which are inconsistent with said Thule or Regulations are herby amended to conform thereto. (.n "Caomudty Association Dues. Fns, and Assessmadi" means all dues, fees, assessments and other charges that are imposed en Borrower of the Property by a condominium association, homeowners association or similar organization. (IQ "Ekdronk Francis Transfer" means any transfer of funds, other than a uansection originated by dw.k drak or similar papa instrument. which is initiated drough an doctrbaie terminal, telephonic irstrttrneot, 0ompma. of magnetic tape so as to order. instruct, or aulboriye a futatjciial institution to debit or credit an acoount. Such tam includes, but is not limited to. point-0f-sale transfers, automated tdkr machine uwsactiona, hand- initiated by tdephoue, wire transfers, and automated clearinghouse transfers. (L) "Escrow items" mcaos those mans that are described in Section 3. b "Mlsoell m Prooeed " means any 0ompertsatioa. seukmatt, award of damages, or pnocceds paid by any third party (other than Insurance proceeds paid under the coverages described in Section S) for. (1) damage 1% or d-amcdon of. the Property: (ii) condemnation or other taking of an or any put of the Property: (1d) eonveyaaee in lieu of condemnation; of (iv) mismpresentatiom of or omissions as 10, the value and/or condition of the Property. PBf MTLVAN14-Sioale FWmajy--MvOW VoyMBUNi MNV742pa11J-nBla (POP 2 01/3 Pnlu) TOO" C*1.0* p.rpt)O=7t1?1117 (N) 'Rarlodle Paymeor means the regularly scheduled amount due for 0) principal and interest under the Now, plus (ii) any amounts under Section 3 of this Security Instrutocut. (O) "RESPA" means the Real Estate Settlement Pmcedurw Act (12 U.S.C. 12601 et seq.) and its i impIwaaaong regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time. or any additional or successor legislation or regulation that governs the same subj act matter. As used in this Security Instrument. "RESPA" refas to an wquircum" and restrictions that sp imposed in regard to a "federally related awrtgage hum" even if the loan does not qualify as a "federa* related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken ode to the Property, whether or not that party hu assumed Borrower's obligations under the Note and/or this Security InsmnncnL TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument seems= to Lauder: (i) the repayment of the Lose, and all renewals. extensions and modifications of the Note; and (d) the performanco of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mortage, grant and convey to i i bIERS (solely as nominee for I.erder and Leader's successors and assigns) and b der successors and assigns of MFRS the following described popaty WWW in the County m 1 [ of Cumberland Pb- ofAw"irms Jmaudiemionl which currently has the address of 5155 East TTlnd t'lle Road IS- IMeehanl Iesbttrg . Pennsylvania 17050l ("Prop rty Addrea' j: Icky TOGETHER WITH all the improvements now or bereafter erected on the property, and all easements, appurtesamxs, and fixtures now or hereafter a pat of the property. All replacements and additions shall also rMW4 YLVaNU,...s;s&% Fmi --UNIFORM DWrRUMFXr ° flsmrnrtla0NO-40N (Pars J of 75 paten xoti:at 1400.6 ORSOrreCswmmil" a 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 MFRS bolds only legal title fo the interests granted by Bamower in this Security Iastrumau, bur, if necessary to comply with law or custom, MERS (as nominee for I.eader and Leader's successors and snips) has the right: to exercise any or all of those interests, including, but not limited to, the right to faeclese and sell the Property: and to tale any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully scised of the estate hereby conveyed and has the right to nwr%nM grant and convey the Property and that the Property is tmencumbaed, except for encumbrances of resat. Borrower warrants and will defend generally the title to the Property against all claims and deasmds. subject to any enemhbomces of record. THIS SECURITY INSTRUMENT oaabloes uniform covenants for national use and non-miform covenants with limited variations by jurisdiction to constitute a uniform security, instrument covering real Property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: L Payment of Principal, Interest, Escrow Items, Prepayment Chor=es, and Late Charges. Borrower shall pay when due the principal of, and interest our, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pair 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 Leader as payment under the Note or this Security Instrument is returned to Lender mpaid. Lender try require that any o{ all subsequent payments due under the Now and this Security Instrument be made in one or more of the fopowing forms, as selected by Leader (a) huh. (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 ate may-ad by a federal agency, imtrttatentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be deagwed by Lender in accordance with the notice provisions in Section 14. Lemdtr May return any Payment or Partial PaYnMm if the Payment or Partial payments ace insufficient to bring die Loan cumem. Leader may accept any Payer or partial payment insufficient to bring the Low current, without waiver of any rights hereunder or prejudice to its rights to a* an& Payment or penal payrni?ats in the future, but Lender is net obligated to apply such payments at am time such payments arc accepted. If each Periodic Payment is applied as of its scheduled due date, than Lej dw need not pay interest on unapplied funds. I coder may hold such mapplied funds until Borrows makes payment to bring the Loan caveat. If Borrower does not do so within a reasonable period of lime, Lender duOl either apply such funds of -elm m them to Borrower. If cot applied eadic. such funds will be applied to the outstanding principal balance under the Now immediately prior to faeclosum No offset or claim which borrower might have or In the fut me against I.erder shall relieve Borrower from making payments dui under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. L APpOestina of Payments or Proceeds. Except as otherwise described is this Section 2, all Payments accepted and applied by Leader shall be applied in the following order of priority: (a) interest due under the Note (b) principal due under the Note; (c) amounts due under Section 1. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any ren aiaing amounts shall be applied first to Iate charges, record to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. MMIMUM "male FamAy-tnvUORM UGTM*M-cr mersnaspei»-+ma fp4s•*a//5aasa1 rew.aac-rosaroarumrcewrri-nm 9-0 1.10 U Lender receives a payment Jim Borrower for a delinquent Periodic payment which includes s sufficient amomt In pay any fate charge due, the payment may be applied ac, the delinquent payment and the lace charge. If [tram than am Periodic Payment is outstanding, lender may apply say payment received from Borrower to duo repayment of the Periodic Payments if. and to the extent that, each payment can be paid in fell. To the extent that any excess exists der die paymem 6 applied to die furl payment of one or mere Periodic Paymety such cum may be applied to any late durges due. Voluntary prepaymeuts shall be applied Tires to my prepayment charges and then as described in the Note. Any application of payments. insurance proceeds. or Miscellaneous Proceeds to p uuapal due under the Note shat riot extend or postpone the due date, or elange the amount, of the periodic Payments. 3. Funds Lbr Reavw Uses. Borrower shall pay to Lender an the day Periodic Payments are due under the Note, until the Note is paid is full, a sum (the "Farads') to provide for payment of amounts due for (a) tastes and sasessaaaoa and other items which can ausfa priority over this So6arity Instrument as a lion or encumbrance on the Property; (b) leandaold payments or ground [sots on the Property, if any; and (c) premiums for any and all insurance required by Leader under Section S. These: items are called "Escrow Itemu.° At origination or at any time during the term of the Laam, Lender may require that Community Assodatioa Dues, Fees. and Assessments, if any, be escrowed by Borrower. and such dues, fees and asteswteats shall be an Escrow Iwo. Borrower shall promptly furnish to Lender all notion of amounts to be paid under this Section. Borrower shall pay Leander the Funds for Escrow Itefuu unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Latdg may waive Borrower's obligation to PaY to.I.ader Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the evert of such waiver. Borrower shall pay directly. when and where payable, do amounts due for any Eamlow Item for which payment of Funds has been waived by Leader and, if lender requires, shall furnish to Leader receipts evidencing such payment within such time Period as Lender= may toquiuc. Borrowers obligation to maloe such payments and to provide receipts shall for all purposes be deemed to be a covenant sad agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. U Borrower is obligated to pay Escrow Items diroaly, pursuant to a waiver, and Borrower faits to pay the amount due for an Escrow Item. Lender may exercise its fights under Section 9 and pay such amount and Borrower shall than be obligated under Section 9 to repay to Leader any such amount. Lender may revoke the waiver s to any or all Escrow Items at any time by a notice given is accordance with Section 14 and. upon suds revocation, Borrower shall pay to Lender sU Funds, and in such amounts, that ¦re then rapuimd under this Section 3. Leader may, at say time, collect and bold Funds in an amount (a) stffacient to permit Leader to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can requite m ider RESPA. ijeader shall estimate the amount of Funds due on the basis of current data and reasonable atimatcs of expendf[Irees of future Escrow Inx?v or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits we insured by a federal agency, instrumentality. or a City (including Leader, if Leader is an institution whose deposits are an luau-ad) or in any Federal Home Lou Bank. Lender shall apply the Funds to pay the Escrow Itfns no later than the time, specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the esciow.account, or verifying the Escrow Items, unless leader pays Borrower interest on the Funds and Applicable Law penntits Lender to make such a charge. Unless an agroeinent is made in writing or Applicable Law mquires interest to be paid on the Fmds. Leader shall not be required to pay Borrower any intact at earnings on the Funds. Borrower and Lender can sgtoc in writing, however, this interest shall be paid on the Fends. Lender shall give to Borrower, without charge, an annual accounting of the Funds as requited by RESPA. PFPMMVANIA--BiWe FswV -UWORpt IIsS7Rt WVff nau»aatnsny.-aasa (Pad sCfIJPojrs) rroa rosuoo-aoo- Mog"sa .01 o I* If there is a arrphm of Fonds held in escrow, u defined under RESPA; Lender shall account to Borrower for the mom foods in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shaU notify Borrower u reputed by RESPA, WW Borrower ,hall pay to Leader the amount necessary to malts up die shortage in aeoadaooe with RESPA, but in no more than 12 anoathly psymeate. If there u a defiaicwy of Funds held in escrow, a: defined updor RESPA, Leads shill notify Borrower so rspired by RESPA. and Borrower shaH pay to Lender the amount necessary to matte up the deficiency in accordance with RESPA, but in no more than 12 monthly paymgts. Borrower ant' Fuels bead by Lender. payment in ful of A sums sensed by this Security InsQnmeea. IMMW shall promptly, mfiad to Bo 4. Charm Lima. Harrower shall pay all taxes. assessments. charges. Pores, and impositions attributable to tha Ptnpeaty which can atria priority over this Security Irstrtmtent, leasehold payments or ground fetus on the Property, if any. and Community Association Does, Fees, and Assessntent& if any. To the extent du those items we Escrow Items, Borrower sbdl pay them in the manner provided in Section 3. Bmower shall promptly discharge any lien which has priority over this 4o6dty fastnwteat unku Burrower. (a) agrees in wing to is payment of dm obligation :screed by the Heq in a rranuer acceptable to Lender. but only so long as Borrower is performing such agroesneot; (b) contests the lien in good faith by, or ddeads against enforcement of the lien in, legal proceedings which is Lender's opboom openua to prevent the enforcement of the lien while those proceedings we pendmS, but only aotil such proceedings are coodadod; at (e) sactrres Aram the holder of the lien an agreement satisfactory to t prier wA ordina ft the lien to this Security Instesahent. If Lender detamiuce that any part of the Property is anbjeet to a Hon which can attain priority over this Sec" Instrument. Leader may give Borrows a notice identifying the lien. Within 10 days of the date an which that notice is given, Borrower shall satisfy the lien or taker an or mess 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 ver r=don and/or reporting service used by [sack in connection with this Lora. S. Properly Imuraoca Borrower shall keep the improvemaus now cda ft or hereafter elected on the Ptop«ty insured against loss by fire. hazards included within the term cajaded coverage," and my other hazards mckxHog, but not limited t N earthquakes and floods, for which Lends n qmm insurance This insurance shall be maintained in the amounts (induding deductible levels) and fgr die periods that Lender requitea. What Leader regmra PUFUIRM to the preceding «otcaces can change doling the term of the Lou. The insurance carrier providing the mintrance shall be chosen by Borrower atbject to Lcodrs's right to disapprove Bormunes choicr, which right sbaU not be exercised Unrcesonably. Lender may require Borrower to pay, a connection with this Lone, either: (a) a fto time charge for foal zone delermination, certification and tracking services; or (b) a one-time large for flood zone deterninatioo and certification saviors end subsequent dirges each time remappiags or similar changes occur which reasonably might affect such determination or calificedon. Borrower shall also be respondbk for: the payment of my fees imposed by titre Federd EmageOey Managen not Agency in connection with the review of any flood zone, determination resulting from an objection by Borrower. If Borrower figs to maintain any of the coverages described above, Leger may obtain insurance coverage, at Leader's option and Borrower's expense. Lender is wrier so obligagon to purr hose any panic Aw types of a-At Of coverage. Therefore, such coverage shall cover but might or might noi protect Borrows. Harrows s equity in the Property, or the contents of the ifagaust any risk hazard or liability and might provide greater or )esaa coverage than was at effect. Borrower adutowkdges that die cost of the insurance coverage so obtained might signifk antly exceed the coat of insurance that Bonower could have obtained. Any amounts dubtased by Leader V der this section S shall become addid-W dint of Borrows secured by this Security Instrument. These uapumts dull bear interest at PtllOMVLv/WIA--%%r Fugr--EMotw Mrsta? M mamrres(MV-has M06e1`11pas-j T.OWc tteraa7Faaopc°?srsrnsw"t°rri G. a -,30 the Note rue from the date of disbursement and shall be payable, with such interest. upon notice from Leader to Basrower requesting payment AB insurance policies required by I.ercper and moewais of such policies sb di be subject to Lenudee's right to disapprovts such polices, shall include a standard mortgage clause, and s1a11 name Lender as mortgagee and/or as an additional loss payees Lender " have die right to bold the polities and renewal wtitleates. If taader nquises, Borrower shall promptly give to Lender all race" of paid premiums and renewal notices u Borrower obtains any form of insursace coverage, am dicta i required by Lender, for damage to, or destruction of, the Ptoperty, such policy shall include a standard gwrrtgase clause and shall name Leader as mottsssee and/or as an additional toss payee. In the even of lass, Borrower shall give prompt notice to the inprsnce cac W and Lender. Leader may make proof of loss if not made prongptiy by Borrower. Unless Loader and Bo*rwrr otherwise agree in writios, any insursom p +. whether or oat the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property. if the restoration or repair is aooaoarc&By feasible and Lcodcez :achy is not lessened. During such repair and sea oration period, L 4e r shall have the rwa to bold such unursuce p occoh until Lender has bad an opportunity to inspect such Property to ensue the work has been cc-owed to lender's satisfaction, provided that such inspection shall be umkm& a promptly. Leader nay didw- PRWs for the repairs and reparation in a single psymuat or in a series of progress PaY-ts as the walk is oomplded. Unless an agreement is made in writing or Applicable Law requires interest to be paid an such insurance proceeds, Lender shall am be required to pay Borrower any interest or wahngs on such proceeds. Fees for public adjustens, or otter third parties, retained by Borrower shall Dot be paid out of the iewaoce p mccc s and shall be the sob obHvdm of Borrower. If I'll; restantion or repair is not economically finable or Lenders security would be lessened. the instaa m ptpceeds shall be applied to the stons sectmr I by this Security hatrumaht, wbdber or not there due, with the expos, if any. paid to Burrower. Such insurance, prooeule shall be applied in the ceder provided for in Section 2. If Borrower absodous the Property. Leader may file. negotiate and settle any available insurance claim and related norms. If Bonower does not respond within 30 days to a notice hung Lender that the insurance carrier ku Offend ID settle a claim than Lender may negotiate and settle the daim. The 30-day period will begin when the notice is given. In either event, or if I.ada acquires the Ptupeny, under section 2,4 or otherwise, Borrower hereby assists to Lender (a) Borrower's rights to any insurance proceeds in an amount Dot to eseoed the amounts unpaid under the Note or this Security l srtmtent, and (b) any other of Borrower's rights (other then the risk to any refund of moewned pcutiusts paid by Bontoww) under all insurance policies covering the Property, insofar as such rights are applicable to the oovarege of the Pmpaty. Leader may use the insurance proceeds either to repair or nsbre the Property or to pay Vx twx unpaid under the Note or this Security Instrument. whether or rat than due. 6. 0CC"WW. Boaowa call occupy. establish, and use the property as Borrowers ri opal residence within 60 days attar the execution of this Secority Instrument and shall continue to occupy the Property as B-mwWs principal reddenoe for at beet are year after the date of o'c-pmq. unless tender od- es; a wet which consent shall not be mueasooabiy, whhheK or unless extenuating ' circumstances beyond Borrower's axwoh. 1104 M1011dWa21u and Prsteetlor of the Property; Inspecglom Borrower shall not destroy, damage or impair the property. allow die Property to deteriorate or cone* wasse on the property. Wbelba Or out Barowa is M" M in the Property. Borrower shall maintain the Property in order to prevent the Property Into deteriorating or deweasing in value due to its condition. Unless it is determined pursuant to Section S that repair or ma tation is not economically few-We, Bornwaa shall FO Vdy repair the pmpeny if damaged to avoid When deterioration Or damage. If insurance or condonnatjoo proceeds are paid is -On-tion with damp so. err the uWag of, the property, Borrower shall be responsible for repairing or rDMTLvntvr t-a6,& oRK BOOM rcenararWSC>Hasr fPlyr7gfrSpatjrrl t.a+roaw 4W4Mo4rnans n„ e restoring the Property only if Tanker has released prime& for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment at in a series of progress paymesa as the work is completed. If the lnsm nce or coodcomatiort proceeds ate not sufficient to rep* or con - tthe Property, Borrower is at relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasomble entries upon and inspections Vf the Property. If it has reasonable cause, l eder may inspect the interior of the improvements on the P}operty. Lander shall give Borrower notice at do time of or prior to such an interior inspection specifying am* reasonable. cause. & Borrower's IA= Appli adot4 Borrower shall be in default it during the Lomb application i process, Borrower of any persons or caddes acting at the direction of Don6w" or with Barow"'s knowledge or consent gave maserialiy false, misleading, or MDCMMC information or sWesunts to !.ender (err failed to provide Leader with material iafanlatinn) in connection with the Loon. Material representations include. but an no limited u% represestsboss eoneaning B nnswees occupancy of the Property as Bomw*Ws principal residence 9 hale d oat of Lender's fnte'ed In the Property and !tights Under this Security Instrmeot. If (a) Borrower fails to perform the covenant; and ages contained in this Seeadty Instrument. (b) these t is a legal procca ft that sight significantly affect Lender's interest in the Property and/or- sights under this Security Instrument (such as a proceeding in bookinsptey, phobia, for condistimation or forfeiture, for eaf-Mot. of a lies which may attain priority over this Security Instrument or to enforce laws or regulations). or (c) Borrow" has abandoned the Property, then Leader may do and pay for whatever is r reasosaWe at appropriate to protect I ehrda's interest in the. Property and rights under this Security Instrument, lubsding protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's aetioas can include, bon are not looked to: (a) paying any sum's secured by a lien wbwh has priority over this Security instrwsent, (b) appearing in coat; and (c) paying nAssomble attorneys' fors to protect its istaest in the Property and/or rights under this Security Instrument. including its secured position in a bankruptcy proceeding. Securing die property includes, but is not limited to, entering the Property to make mars, 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 an or off. Although Lender may take action under this Section 9. LAW" does not have to do a and is not under any duty or oWigadoa to do am it is agreed that Leader incurs no liability for not taking any or all actions authorized and" this Section 9. Any amours; disbursed by Lender under this Section 9 shall becosta additional debt of Borrower secured by this Security Instmmoat. Then amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon mice from Uode{ to Borrower ragnesting Pa1EML If this Sonuity Instrument is on a leasdrold, Borrower shall comply with an the provisions of the lease. If Borrower aogsi= fee title to the property, the leasehold and the fee tide shallnot merge unless Lefler agrees to the merger in writing. IL Asalgissisea t of MocaIlaoeom Proceeds; Foeidture. All Miscellaneous proceeds are hereby as(goad to and shall be paid to Lender. If the property is damaged, such Miscellaneous Proceeds Ad be applied to rratonnioa or repair of the Property. if die realnaation or repair is economicaliy feasible and Leader's s" is not leaenad. During such repak and reaoontios period, Lender shall have the right to hold such Misoelhnww Proceeds until Lefler has had an opporamity to inspect such property to enstse the work has bola completed to Lender's ntisfaetion. proridsd that such inspection shall be undertaken lrompdy. Lender m4y pay for the repairs and restoration in a mingle disburaetneot or in a series of progress payments as the work; is completed. Unless an agreement is trade in writing at Applicable Law requires lrneetl to be paid an such Macellanneous proceeds, trEKlsn vAM4- 5IW& r.Auy-.orumRut Dmwxu rrr FMMV7?"PerrHreahs (Pe rMV13palv) T. a-& a a" WdM=0rW', I W,N'-II ? a Lender shall not be required to pay Harrower any interest or earnings on such Miscellaneous Proceeds N the rested or repair is not mooomocally feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the same avered by this Security Instrument. whethq or not then due, with the excess, if air, paid to Harrower. So& Miscellaneous Proceeds shall be applied in the order provided for in Section 2 In the event of a total talon, destnte" or loss in value of rive Property. the Miscellaneous Proceeds dull be applied to the serum secured by this Severity Instnmtau, whcther,or not dmn due, with the excess. N any, paid to Borrower. In the event of a partial taking, destructim or don in value of the Property is which the fair market value of the Property immediately before the partial taldn, destruction. or loss in value is equal to or greater than the amount of the sums secured by this Security Insumnent immediately before the partial talaq& dcdnm:don, or loss is value, union Borrower and Leda otherwise agree in writiag, the sums soured by this Soo rby Inst uamm shall be nduced by the arnourtt of the Miscellaneous Pr6cco s multiplied by the following fiaetion: (a) the total amount of the sums secured immediately before the partial taking, destruction. or leas in value divided by (b) the fair madu2 value of the Property brunediasely before the partial taking, destractiay or lose is value. Any balance shall be paid to Borrower. In the event of a partial taking, destrtation, 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 brmediately before the partial taking, destretlos, or loss m value, unless Borrower and Lender odmwm agree is wrun& the MisocHamous Proceeds shall be applied io the sums secured by this Security bmbvff m whether or tot the sans we their due. R the Property is abandoned by Borrower, or if, after notice by lender to Borrower that the Apposing Party (as defined in the next scats myofiem to make an award to setae a claim for damoger, Borrower fails to respond to Larder within 30 days after the date the notice is given, Leader is authorized to collect and apply due Miscellaneous Proceeds either to restoration or repair of the Property or tQ the aura secured by this Security Instrument. whether or not then due. "Opposing Party" means the third party that owes Harrower Miscellaneous Proceeds or the party against whom Borrower has a right of action is regard to Miscellaneous Proceeds. Borrower stall be in default if any action or proceeding, whether civil or manual. is begun that, in Looder's judgment. could result is forfeiture of the Property or other menial impairment of Lender's interest in the Property or rights under this Security Inswameat. Borrower an eke such a default and, if acceleration bas oce¢red, reinstate as provided in Section 18, by causing the action or proceeding to be dismissed with a riding that. in L,endet"s judgment, precludes forfeiture of the Property or other suteial impairment of Leader's interest in the Property or rights under this Security Instrur(ma. The proceeds of my award or claim for damages that are attributable to the is>psirme nt of L.eadee's interest in the property are hereby assigned and shall be paid to Under. AB Mracedlmomos Proceeds that arm not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2 1L Borrower Not Relaaedq Farbearanee by Lender Not a Waiver. Extension of the time for payment or modification of amortisation of the sums snared by this Security Instrimmat granted by Lefler to Borrower or my Successor in late" of Bonower shall oat operate to relesso the liability of Borrower at any Snocessm In Interest of Borrower. I.etdcr shall not be required to commence: proceedings against my Sseoessor in Interuxt of Borrower or to refuse to extend dare for payment or odxw*ise modify amortization of the suns secured by this Security lamurnent by reason of my demand made by the original Borrower or any Successors; in Interest of Borrower. Any forbearance by Lender in exerddng any right or mutely including. withal limitation, Lender's acceptance of payments from third persons, entities or Successors in P RGMAWA-aiyleFWaly-4R4FORMDb"rRUhWjri mmar7Yso"q-ra'Aa (PWP Patispjt'r) TOOK* pt 14m4wearotrc IIN Interest of Borrower or in amounts less that the amount that due, shall not be a waiver of or preclude the exercise of say righter comedy. 12. Joint and Sew d Lkbllkyi Caalpheesi successors and Assign Bound. Borrower covenants and agrees that Borrowees oblismans and liability slid be joint and several. Hopevor, any Borrower who co-signs ibis Security lastrament but does not execute the Note (a co-signer: (a) is oo-s Vdg8 this Security lmwnrnemt only to mortgage, grant and convey the oo signer's interest in the Proper under the tams of this Security Imtrumout; (b) is not pmoa* 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 at nuke any auxoaanodations with regard to the terms of this Security I stmmem or the Nuie without the co-signer's Cohaatt. Subject to the provisions of Section 17. any Successor in Interest of Borrower who assomes Borrower's obligations under this Security Inwumeat in writing, and is approved by I.epder, shall obtain all of Borrower's rights and benefits under this Security Inamment. Borrower :ball not be released from Borrowers obligations and lishility under this Security Instrument onless Leader agrees to such release in writing. The covenants ad agreements of this Security Instrument shalt bind (axe* as provided in section 19) and benefit the srecaaors and assigw of Lander. 13. Loans Cbnrp& leader may charge Borrower fees for services pcrl fined in connection with Borrower's ddaolt, for the purpose of protecting Lender's Interest in the Propehy and rights under this Saarity Imstnmhau, indtd'ng, but not limited to. suarneys' fees. property ingtee? and valuation fees. In regard to any other tees. die absence of express authority in ibis Security instrument to charge a spacitle fen to Borrower shall WE be construed as a prohibition oa the charging of such foe. Lender may not charge foes that are expressly prohibited by this Security In aumaat or by Appiic" Law. U de Loan is subject to a law which sets man immm ban charge, and that lair is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loam exceed the permitted limits, than: (a) any such loan charge awl be reduced by rite amount necessary to reduce die charge to the permitted limit; and (b) sty same already collected from Borrower %ybich oweeded permitted limits will be refunded to Borrower. Lender may choose to snake this refund by reducing the principal owed under the Note or by making a direct payment to Harrower. If a refuntd reduces jxi.w tl, the roduction will be traded as a partial pmpsyment without any prepayment charge (wbethes or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by drat payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. let. Notbu. All notion given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notion to Borrower in connection with this Security Imetrymest d" be deemed to have ban given to Harrower when mailed by first class mail or when actually delivered to Harrowers notice address if sat by other means. Notice to say as Borrower shah constitute nine to an Borrowers unless Applicable Law expressly rcq uees otherwise. The notice address shall be the ftropaty Addnxs unity Harrower has dedpsted a substitute nouco address by notice io Leads. Borrower shall promptly notify Ieender of Barrowees outamge of address. If Leader specifies a procedure for reporting Barrowers change of address, then Borrower shall only report a change of address through that spec w procedure. There may be only one deaignased notice address under this Seca ity Instrument at any one time. Any notice to Leander shall be given by delivering it or by mailing it by frost class mail to Lender's address sited basin mdess r niter bas designated another addtees by notice to Borrower. Any notice in coarection wi* 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 undo Applicable Law. the Applicable Law requirement will satisfy the correspondiog requirement under this Security hunuavaL P8!OmvAM4--%ateP+au7Y--tlN Rut7t3'r umzNr rtousnatotsmq-sea (Aaselolf1spwa) teo.wtxt-easr G'G.Mjrltlta 1S. Gowxaing Law; Severali ityt Rules of Construction. This See irity Insuwnent Shan be t governed by federal law and the law of rho jurisdiction in which the Property Is located All rights and obligations contained in this Security Instrument art subject to any requirehpcots and limitations of Applicable Law. Applicable law aright exp>;ddy or irgrlicitly allow the parties to agree by contract or it might be sitem, but such silence shall not be construed as a prohibition against agreeaKOt by contram In sloe event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such cooffict shall not affect other visions of this Security Instrument or the Note which can be given effect without the Conflicting As used in ibis Security Instrument: (a) words of the masculine gender shall mean and include ooeraponding outer wards or words of the feminino 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. 16 Borrower's Copy. Borrower shall be given one copy of the Note and of this Seerity Instrument. 17. Ter shr of the Prepwly. This loan may be declared iounediately due and payable upon transfer of the Property acc wring such lean to any transferee. unless the acceptability of the asstmtption of the ban is established putio nK to Section 3714 of Chapter 37, Title 38. United States Coda If I.eoder exe cisee this option. Lender shall give Bomowa notice of acceleration. The notice shall provide a period of not less titan 30 days from the date the notice is given in accordance with Section 14 within which Burrower mast pay Al stuns secured by this Security Instruntaut. If $orrower fail to pay these sums prior to the expiration of this period, Leader may invoke any renedia permitted by ibis Security Insonmuatt -idiom further notice or demand on Borrowa. ' la. Bernme0a RIGA to Reinstate After Aceeksadoa. If Borrower meets certain eoodidons, Borrower shall have the right to have atfercement of this Security Instnmuat disamtinted at any tine prior t to the earliest of: (a) live days before sale of the property pursuant to any power ` of sake contained in this security ktsttu rneot. (b) such other period an Applicable Law might specify for the lamination of Bonowees right to ran:taW or (c) easy of a judgmrnt eofordas this Security Instrument. 'those conditions we that Borrower: (a) pays I:atder all suns which then would be due under this Security lostmincat and the Now as if no acceleration bad occurred; (b) canes my default of any other covenants or agreanents; (o) pays all expeaees incurred in etdotoigg this Secaeity Instrument, including, but act limited to, reasonable attorneys. fen, Property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the property and rights miler this Security Insutmreut; and (d) takes s*& action as Larkr may te»onably regtaro to mom that Lender's interest in the Property and rights under this security htitruanan, and Borrower's obligation to pay the rents aetam, by this Security Instrumeak eball continue unchanged. Leader nay reguue that Borrower Pay Rich rdnacuucht suns and expenses in one or more of the following farms, as sefectod by Leader (a) cuh; (b) money, order. (c) califs +e dock, bank flack, trusurces chock or ca&Ws dredt, Provided any such dock is drawn upon an institution whose deposits arc insured by a I ! agency. mstrt -doli ty or entity; or (d) Macttonic Fads Transfer. Upon reinstatement by Borrower, this Security kwumcal and obligations secamd hereby sbail remain fully effective as if no acceleration had t ocarred. However. this right b reinstate shall not apply in the case of weeleradon Onder Section 17. 1% Sale of Natal Cause of Loan SeevlcM Nodes of Grievance. The Npte or a partial interest in the Note (t pdw with this Security bstrrmtmt) can be sold one or roue times without prior notice to Borrower. A We adght result in a change in the entity (known as the `Loan Servican that collects Periodic Payments due under the Note and this Security Instrument and pcrforns other mortgage loan servicing obligations trader the Note, this Sorority hang en% and Applicable Law. There also might be one or more chmges of the Loan Savica uorclated to a sale of the Now If that is a change of the Loan Savicer. Borrower will be given written notice of the change which will state the mute and'addrcss of the new Leo PP1WnVAM&-8bqa F-Mr-tipttro at RrstAtMronrr rMlawLitiom -noun (hwu4fuPOM) T.a+.Pat.no-stsaoo°rs NNW13 Service , the address to which payments should be made and any other iufonpation RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and dxmdkq the Loan is serviced by a Lout Savicer other thin the pwchattr of the Note. the mortgage loan servicing obligations b Borrower will remain with the Loan Servioar or be trandated to a successor Loan Savicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lander 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 actiops pursuant to this Security Instrument or that allege duit die other parry has breached any provision of, or ahoy duty owed by reason of, this Security Irsrumhait, until such Burrower or Lauder has notified the other parry (with studn notice given in compliance with the requirements of Section 14) of such alleged breach and afforded the odwr party hereto a reasonable period after the giving of arch notice to take corrective action. N Applicable Law provides a time period which mm[ dqm before certain action can be taken, that time pe(iod will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cum given to Bonoww purauau t to Section 24 cud the notice of amderatiou given to Borrovia pursuant to Section 17 shall be deemed to sandy the notice and opportunity to rate: corrective action provisions of this Section 19. 29. Hazardous Substemem As used in this Section 20: (a) "Hazardous Subsumed" are dhose substances defraed as toxic at baaardau substance, pollutants. or wastes by F.rjvirc matul Law and the following subsanoea: Smicline, kaoser e, other damnable or toxic petroleum products, toxic pesticides and berbicades, volatile. Solvents, materials containing asbestos or torualdeh^ asst radioactive materials; (b) "Environmental Lava" mans federal laws and laws of the jurisdiction where the Property is located that Men to hmhh, safety or eavimannantai protection; (e) 'Snvitomaearal Cknoup" Includes any response action, reniodial action, or removal action, as defined in Envirvameatal Law; and (d) an -Enveloamugaj Condition" means a condition that eat saucer, contribute to, or otherwise trigger an Environmental Cleuarp. Borrower shag net cause or permit the presence, use, disposal, storage, or release of any Hazardous Submances, or threaten to relearo any Hazardous Substances, on or in the Property. Borrower shad not do, nor allow anyone else to do. anything affecting die Property (a) that is in violation of any Envimninceat Law, (b) which aerates an EnvLwm=W Condition, or (c) which, due to the prepece, use, or release of a Hazardous Sobsumcc, crates a condition the adversely affects the value of the Property. The preceding two smteauoes shall not apply to the presaoe, use. or storage on the Property of smaII quantities of Hazardous Substances that tae generally recognized to be appropriate to normal residential users and to maintenance of the Property (ircorbog, but not budged to, hazardous substances in consurrrer prodaias). Borrower shall promptly give Leader wdttm notice of (a) any investigation, claim, demand, lawsuit or other action by any govaemaiW or regulatory agency or private party involving the Property and any Hazardous Substance or EnviroamenW Law of which Borrower has actual knowledge, (b) any Environmental Coaditiou, including but not limited to, nay spilling, leaking, ducAne, release at three of ,eleua of any Hazardous Substance, and (c) any condition caused by the preaccec, use or mkase of a Hazardous substance which adversely affects the value of the Property. if Borrower learns, or is nolired by any goo me dal err regulatory authority, or any private party. that nay removal * other remadinm of any Hnardous Substance affecting the Property is necessary , Borrower shall prommptly take all necessary rem oM actions in accordance with Environmental Law. Nothing herein shall crate any obligation on Leader for an Environmental Cleanup. 21. ) Fee. A fee equil to on -lialf of ooe percent of the balance of this loan as of the daae of transfer of the Property shall be payable at the time of grander to the torn tickler or its saghtnizod agent. as trustee for the Deprtaat of Veterans Affairs. U the assumer falls to pay this fee at the time of trance, The fee shall constitute an addticed debt to the already secured by this instrument, shill bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or nay wa nsfaee thereof, PERR UNKA- 564a t oWb-'UMORM 1WSraUatWr htarsnKUtae+!-+rena (Age 12ylspages) r.arwtiroasho-up esis nna shall be Immediately doe and payable. This fee is automatically waived if On aspuner is exempt under the provisions of 38 U.S.C. 3729(4 22. ftecm sg amrse. Upon application for approval to allow assumption of this loan, a poccaun8 fee may be cfwged by site loan bolder or its anduniaed agent for determining *9 creditwotthimn of the matmer and subsequently revising the holders ownership s... a when an approved transfer is completed. Mw amount of this charger shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Soclieo 3714 of Chapter 37.7ldc 38. United Stales Code applies. 23. Indemnity Liability. If this obligation is assumed, then the assumes hereby agrees to assume all of the obl4atione of the vacem under the tesats of the inwuments creating mpd seaming the loan. The assamer further agrees to Indemnify the Department of Veterans Affairs to the extent of nay claim payment arising fiver the guaranty or insurance of the indebtedness created by this instrousm . NON-UNIFORM COVENANTS. Borower and Fender furtber covenant and egm as follows: 24. Acceleaflon; Remedlesr. I.eodee shall gives notice to Borrower prior to aooelersdoo following Borrower's branch of any eovemat or ap s aserd in this Security instrument (but not prier to seooleaadon tinder Section 17 unless Applicable Law provides otlurwhfe). Lender shall madly Borrower o4 a noog other tdngrst (a) the defsnW (b) the action required to epre the defnuk; (e) when the ddYelt mad be eared; and (d) that tYYore to cure the defaak as spedlted may result In acceleration of the sacs seaered by this Security Instrument, foreclosure by, Judtctd proceed hM and sale of the property. Lauder shall tbuiher bdaaa Borrower of the right tole after acceleration and the eight to assert In the foreclosure proceeding the non m of a or any other defense of Borrower to acceleration aid foreclosure. If the default Is not eared as spedtled, Lender at Its updoomay mph further domand and may, foreclose We Security ?Instrument by b t Judicial proceeding. Leader shall be entitled to collect all sutpenfca tacta - In pore ft the rauedles provided In *k Section 24, Including, but not Baited to, attorneys' frxs and fads of dde evidence to the cadent permitted by Applicable Law. 2L Release. Upon payment of all sums rescued by this Security Insu tunas , this Seewity Instrument and the estate conveyed sinll terminate and become void. Afkr such occuarcrrce, tender shall discharge and satidy ibis Security Instrument Borrower shall pay any recordation costs. Lender may charge Borrower a foe for releasing this Security Imarnmunt, but only if the fee is paid to a third party for serviom aneicred and the dungmg of the fee is permitted under Applicable Law. 24. Wakens. Borrower, to the snort permitted by Applicable Law, waives and releascs any error or i defects to prooeodmgs to a of xes this Security Instrtunet, and hereby waives the benefit of nay present or fusee laws providing for stay of execution, extension of time, exemption from attachment, levy and sale. and homestead exemption. 27. Reinstatement Period. Borrowees time to reinstate provided in Sectiem 18 shall extend to one hour prior to the commencement of bidding at a dmfff'x sale or other sak pursuant to this Security Instrument. 28. Purchose Mousy Mortgage. If any of the debt secured by this Security Instrument is lent to Bonewer to ao I ie We to the Property, this Security Instrument shall be a punch a money mortgage- 29. Interest Rate After JurulRoenf. 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 payablre from time to time under the Nee. tw24415nVAMA--se- t. t erty---uu RM tNSrta MENr erasrm"WO--+awa fAW13gf15pa8a) taro 1.900 m MOkaa* eio nt BY SIGNING BELOW. Borrower accepts and to the terms and oovea=ts oontaiaed in pages I through 15 of this Sorority Instmmeat and in any Rider awa :d? by BBormwer and recorded with it. (Seal) _1?????_ ' ,(s«I) Lam I E INingswtxth Jr ttanover Karla Illingswortltftjrv B«,ow?r •a o) -Do,soar la Pt?"YLVANU-Skgk t%my-UNuowu VWMUMaRr nfl/ 2"4LN CM ?a,p„ (PW /40115 pwi) r.Ow at vama ugor „NDr 0 Slice of PENNSYLVANIA C-h'0f CumborlOw On this die 27th day of February 2004 . before me, the undersiSn d offoer, personally appeued Paul E Illingsworth Jr, Karin glingsworth known to are (or satisfactorily proved) to be the person(a) whose name(s) ARE subscribed to the within instrument and aclmowledged that THEY executed the same for the purposes therein contained. IN WITNESS WHEREOF. I hereunto set my hand and official seal. _ ll V A Ou III Neaej?p f OlSoa 7 My comma f1°s0d's0" d parnw After Recording Rew- To: Gateway Funding Diversified Mortgage Services L.P. 300 Welsh Road, Building 5 Horsham, PENNSYLVANIA ISM4 FEMSYLVAMA- ro& Foully-MIFOM uvsratnMrr n?tasrKUpm?}-uaa (Par 130115pod-) r.aari.t+eooa?o-nwor m °pi VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY IS MADE this 27th day of February 2004 and is incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust or Deed to Secure Debt (herein "Security Instrument') dated of even date herewith, given by the undersigned (herein "Borrows") to secure Borrower's Note to in yFundig DMvstdMortgageServices L.P. (herein and covering the Property described in the Security Instrument and located at 5155 East Trlndie Road Mechanicsburg, Pennsylvania 17050 • [Aopeny Admessl ' VA GUARANTEED LOAN COVENANT. In addition to the covenants and agreements made in the Security lnstrtmtent. Borrower and header further covenant and agree as follows. If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such ride and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations, including, but not punted to, the provision for payment of any sum in connection with prepayment of the s secured indebtedness and the provision that the Leader may accelerate payment of the secured I indebtedness pursuarit to Covenant 17 of the Security Instrument, are herel?y amended or negated to the extent necessary to conform such instruments to said Title or Regulations. LATE CHARGE: At Lender's option, Borrower will pay a 'late charge" nut exceeding four per centum (4%) of the overdue payment when paid more than ftftexo (15) days after thel due date thereof to cover the extra expense involved in handling delinquent payments, but such 'last charge" shall not be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full amount within 60 days from the date that this loan would normally becogw eligible for such guaranty committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U. S. Code "Veterans Benefits". the Mortgagee may declare the indebtedness hereby seamed at once due and payable and may foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law provided. MULTISTATE VA GUARANTEED WAN AND ASSUMPTION POLICY RIDER Page 1012 04 .-)-4 TRANSFER OF THE PROPERTY: This loan may be declared immediately due and payable upon transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of the ban is established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. An authorized transfer ("assumption') of the property shalt also be subject to additional covenants and agreements as set forth below: a) ASSUMPTION FUNDING FF? A fee equal to one-half of 1 percent (.50911) of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If * assumex fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that almady secured by this instrument, sMll bear Interest at the rate herein provided, and, at the option of the payea of the indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. T4is fee is automatically waived if the assumer is exempt under the provisions of 38 U.S.C. 3729 (c). b) ASSOM MON PROCESSING CHARGE: Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan bolder or its authorized agent for determining the creditworthiness of the assurer and subsequently revising clue holder's ownership records when an approved transfer is completed. The amount of this charge shall not exceW the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies. e) ASSUMPTION INDTaMITY LIABILITY: If this obligation is married, then the assumer hereby agrees to assume all of the obligations of the veteran under the tem?s of the instruments creating and saying the loan. The assnmer further agrees to indemnify the Departrncnt of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument IN WITNESS WHEREOF, Borrower(s) has executed this VA Guaranteed Loan and Assumption Policy Rider. 0 ?t Putt a gl4ommrth ir -sorrower Karla 1111 -Borrower Pare 2 of 2 EXHIBIT Al 3?aS?3 .6. ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that Mortgage Electronic Registration Systems Inc as a nominee for Gateway Funding Diversified Mortgage Services L.P. hereinafter Assignor the holder ofthe Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by Washington Mutual Bank F.A., "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, ALI, THAT CERTAIN Indenture of Mortgage given and executed by Paul E. Illingsworth Jr and Karla Illingsworth to Mortgage Electronic Registration Systems Inc as a nominee for Gateway Funding Diversified Mortgage Services L.P., bearing the date 02/27/04, in the amount of 5125,600.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 03102/04 in the County ofCumberland, Commonwealth of Perursyh ania, in Mortgage Book 1865 Page 3493,. 13U215 i Being Known as Premises: 5155 East Trindle Rd, Mechanicsburg, PA 17050 Parcel No: 10-22-0525-010 Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and tip grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies arse' incidents thereunto belonging.: And all its Right, Title, Interest, Property, Claim and Demand, in and to the safne: TO HAVE, HOLD, RECEIVP,.AND 'FAKE, all and singular the hereditaments and premises hereby gnwieci - ti4 assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to a;"a i+- its only proper use, benefit and behoof forever; subject, nevertheless, to the equity ofredemption of said Mortgagor in thy, said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said Assignor has caused its C orate S al to be herein affixed and these pre.se;-, be duly executed by its proper officers this day of 144 , 201d. _fja ortgage Electronic Registration System, f ul- A- a nominee for Gateway Funding Diversifed Mortgage Services L.P. Sealed and Delivered W ck Wilkeo i•:: a it ea?? in the presence of us; ttest State of MINNESOTA CHRIS ANDERSON, VP Ss. County of DAKOTA On this _9&4- day of _, 20before me, the subscriber, personal iy "p, K..-,- Rick Wilkes . who ackno edged him/herseif to be the Vice President` of Mortgage Electronic Registration Systems Inc as a nominee for Gateway Funding Diversif ,8 t,;<rrr, d Services L.P., and that hctshe, as such Vice President, being authorized to do so, executed the forego ,.. instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal Stamp/Seal: BETHANY :AN N HOOD Notary lic NOTARY PUSINNESOTA MY COSION EXPIRES 31, 2011 The precise address of the within named Assignee is: 11200 West Parkland Mil k g224 B For ee) After recording return to: Phelan, Hallinan and Schmieg LLP One Penn Center 1617 J.F.I. Blvd., Ste.1400 Philadelphia, PA 19103-1814 BK0731PG0509 8/7/06-THC Document Request 0631813003 r• .I Land Services of PA 400 Fellowship Road, Suite 250 Mx Laure4 NJ 08054 (856) 793-3200 Fax (856) 793-3201 RECORD OWNER AND LIEN CERTIFICATE Issue Date: 06/08/2006 Effective Date: RD 05/26/2006 OJS/PRO 05/26/2006 Order Number: LTS91621PA49868 Servicer: WASHINGTON MUTUAL BANK Client Number: 136251 Premises: 5155 East Trindle Road, Mechanicsburg, PA 17050 Hampden Township Cumberland County Pennsylvania Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum no to exceed Two Thousand Dollars. DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Roy M. Benjamin, dated June 21, 1971, as follows, to wit: BEGINNING at a point on the Northern line of Triadic Road, which point is 2904 feet West of Sporting Hill Road; thence along Trindle Road South 65 degrees West 73 feet to the line of lands N/F of Ldliam R. Kerrigan; thence along same North 27 degrees West 180 feet to a point; thence North 65 degrees East 73 (erroneously stated as "7e" in preceding deed) feet to a point; thence South 25 degrees East 180 feet to the point of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick dwelling numbered 5155 Trindle Road. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights of way and/or conditions of record. BEING THE SAME PREMISES which Evelio DeBien and Esperanza DeBien, his wife, granted and conveyed by deed dated September 12, 1994, unto Bruce Dieter, the Grantor herein, and recorded on OK073 i PGOS 10 ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE, Order Number:LTS9162 • Servicer: WASHINGTON MUTUAL BANK Client Number: 136251 September 15, 1994, in the Office of the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, to Book 111, Page 1015. PARCEL IDENTIFICATION NO: 10-22-0525-010 f Cerfify this to be recorded III CuMberland County PA EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR JUDGMENT STATE OF South Carolina ss. COUNTY OF York ) China Brown, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Vice President Loan Documentation at Wells Fargo Home Mortgage, Inc., mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendants have been credited to Defendants' accounts. 5. Defendants' mortgage payments due December 1, 2005 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $122,783.29 Interest $4,446.00 11/1/2005 through 6/13/2006 (Per Diem $19.76) Attorney's Fees $850.00 Cumulative Late Charges $267.48 2/27/2004 to 6/13/2006 Cost of Suit and Title Search $750.00 Subtotal $129,096.77 Escrow Credit $0.00 Escrow Deficit 199.82 TOTAL $129,296.59 7. Defendants have 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 Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff properly accelerated its mortgage to pEftet4ts interests. Name: China Brown Title: Vice President Loan Documentation Wells Fargo Home Mortgage, Inc. SWORN TO AND SUBSCRIBED ORE ME THIS 01 October 2008 NOTARY PUBLIC -; OFFICIAL SEAL bl N " ic Notary Pu State of South Carolina *w My CARMEN Y PICKETT commission Expires Jan_ 14, 2018 e EXHIBIT C Washington Mutual Mailstop JAXB2004 P.O. Box 44090 Jacksonville, FL 32231-4090 7100 4047 5100 2467 3724 March 30, 2006 PAUL E ILLINGSWORTH JR 5155 E TRINDLE RD MECHANICSBURG PA 17050 000293 /PA 06318130! WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DF;131`, : NI'f ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPt'?t PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0631813003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR. HOME FROM FORECLOSUR 4 This is an official notice that the mortgage on your home is in default and the lender intends to fog rlos c nature of the default provided in the attached pages The HOMEOWNER'S MORT A AS ISTAN PRO AK MAP)may be able to help to save your homy, 'c'hic Notice explains how the Program works. To see if HEMAP can help you - MFFT WITH A CONSUMER EDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF IS NOTICE Take this Notice ih you when you meet with h 1n lingAgen.Cg, The name address and phone number of Consumer Credit o , c ding Agencies serving your County r listed al_?b you have any questions you may call the PennUlvania Housing Finance AgenGy toll free at 1 800 349 397 (Persur_ h acing can call (717) 280-1869)- This Notice contains important legal information. If you have any questions, representatives at the Consumer Credo r.:. may be able to help explain it. You may also want to contact an attorney in your area. The local bar association mvy he .?h?v to help c, rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIL:NDO 1`N S1.; CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDII AM EN IT LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MEN t! )'a.1 b? ,.i: 'r, c si:? PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCI M(?R 1'GAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HII't TECa, PA ACT 91 HOMEOWNER'S NAME(S): Paul E. Illingsworth Jr. PROPERTY ADDRESS: 5155 E. Trindle Rd Mechanicsburg PA 17050 LOAN ACCT. NUMBER: 0631813003 ORIGINAL LENDER: Flo CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN AVE YOUR HOM_ E FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE'' ACT 0!,' 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 PAYMI:'*<'' : -s • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA zt+ + AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meetin, credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE i t.. NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE- YOU MUST 11IN YOUR MORT AQ ;. OF THIS NOTICE Cai.I.Fn ??HOW TO F Y(IiIR MC)RT( Af F DEFAULT" EXPLAINS HOW TO UP TO DATE- CONSUMER CR .DIT COUNSF.I.nvr• A NGIFC - If you meet with one of the consumer credit counseling !c; . this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. telephone numbers of desigUated con im r r pit o .nling agencies for the county in which the property- end of this Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender 3mmW,.p4 APPLICATION FOR MORT .A , SI TANG - Your mortgage is in default for the reasons set forth later pages for specific information about the nature of your default). If you have tried and are unable to resolve you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Piog fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the des sr counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applicatia. u. will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your apptia , 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 ! a f4! i ?.a rs, a.i, 4 e # PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDL,t"l. APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed h eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to ;nu your application. During that time, no foreclosure proceedings will be pursued against you, if you have met thtr forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your < NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKP l'ti' FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOht.;: CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 000293/CO8':6 - - HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). - The MORTGAGE debt held by the above lender on your property located at: 5155 E. Trindle Rd Mechanicsburg PA 17050 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts ar e i3u-? past due: Monthly Installments: 12/01/2005 01/01/2006 „ .„ 02/01/2006 03/01/2006 Other charges (explain/itemize): Uncollected Late Charges Uncollected Fees: Less Credits TOTAL AMOUNT PAST DUE: B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this nol* , o TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3833.32, PLUS ANY MORTGAGE PAYMI; " WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. 1E^^ents must be made either by cashes ;a _ check or money order made payable and sent to: Washington Mutual Bank Cash Processing P.O. Box 3200 Milwaukee, WI 53224 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this le;e, IF YOU DO NOT CURE. THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the Ja:, intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment d} : r due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to wre;: us apt mortgaged property.. *IF THE MORT A IS FOR .OCED UPON The mortgaged property will be sold by the Sheriff to payoff tn: lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings rep;: required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceeoi: . you will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed $50.00. Ar3,,. added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default w DAY period you will not be required to pay attorney's fees. OTHER I.END -R REMEDIES - The lender may also sue you personally for the upaid principal balance and all )I mortgage. PA ACT 91 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30", and foreclosure proceedings have begun, you may still have the right to cure the default and prevent the sale at any im .-U-p L, ;afore the Sheriff's Sale You may do so by paying the total amount then ac due, plus any late or other charges then due. , attorney's fees and costs rnnnPcre11 with the foreclosure sale and any other costs connected with the Sheriffs Sale as scecified in yrit„ ig.py the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSTBLR SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs .J,ie wi! h sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may F-•. time exactly what the required payment or action will be by contacting the lender. Name of Lender: Washington Mutual Bank Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 866-926-8937 Fax Number: 904-281-3914 Contact Person: Collection Department Email Address: www.wamuhomeloans.com EFFECTS OF SHERIFFS ALE: - You should realize that a Sheriff's Sale will end your ownership of the mortgaged prop. right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your r., belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transfe r mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at tr« the other requirements of the mortgage are satisfied. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOhi. +'. ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCC:. THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORI ( IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE t.L i • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTM '".1 We may report information about your account to credit bureaus. Late payments, missed payments or other de! -w account may be reflected in your credit report. PA ACT 91 Washington Mutual Mailstop JAXB2004 P.O. Box 44090 Jacksonville, FL 32231-4090 7100 4047 5100 2467 3731 March 30, 2006 KARLA ILLINGSWORTH 5155 E TRINDLE RD MECHANICSBURG PA 17050 000294 /PA 0631813003 WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0631813003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE r_r This is official notice that the mortgage on you home is in default and the lender intends to foreclose. Specific info nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to eve your home.. This Notice explains ow the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when y-Qu meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving y our County are listed at the end of this GIs _ if you have any_questions, Xflymay call the Pennaylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. PA ACT 91 HOMEOWNER'S NAME(S): Karla Illingsworth PROPERTY ADDRESS: 5155 E. Trindle Rd Mechanicsburg PA 17050 LOAN ACCT. NUMBER: 0631813003 ORIGINAL LENDER: Flo CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOMl FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE .ACT Oa' 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 PAYMENT, i, • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA Ht3tJf•,lP ' AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure or (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NIA l NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING Y o t UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling age this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. 7111,, . telephone numbers of designated consumer credit counseling amncies for the county in which the property is h7s . end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender imm i It?, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth Carer pages for specific information about the nature of your default). If you have tried and are unable to resolve th,= you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Proga a fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the deli.,. counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have application will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your apply, a. , 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 i' It $. ? 1- 41 JR ? I r =, I PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME EV MEDIA e APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ?, r AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed h,,, eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to ma A, your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your as ^. ,- .. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKNt;!` FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOhLIa CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 000294/COB26 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it ua to dat NA ME OF THE. DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 5155 E. Trindle Rd Mechanicsburg PA 17050 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are nou past due: Monthly Installments: 12/01/2005 $001 8" 01/01/2006 02101/2006 "!. 03/01/2006 Other charges (explain/itemize): Uncollected Late Charges Uncollected Fees: Less Credits TOTAL AMOUNT PAST DUE: R±f :U B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this noti,_TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3833.32, PLUS ANY MORTGAGE PAYMEN'i WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by ch. c w. . check- or money order made navable and sent to: Washington Mutual Bank Cash Processing P.O. Box 3200 Milwaukee, WI 53224 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this 1, IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the d; intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance :!l due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to t w mortgaged property. *IF THE MORTGAGE. IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings agu; ar, required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings you will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed $50.00. Any added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default w . 4 DAY ri , you will not be required to pay attorney's fees. OTHER ..ND .R R .M .DI .S - The lender may also sue you personally for the upaid principal balance and all otl:. mortgage. PA ACT 91 RIGHT TO CURE THE DFFAUL.T PRIOR TO SHERIFF'S $ALF - If you have not cured the default within the THIRTY (30) DAY p,a?i n d and foreclosure proceedings have begun, you may still have the right to cue the default and prevent the sale at any time up to me_h_Q a before the Sheriff's Sale You may do so bypa env the total amount thin pmt dLe plus late or other charges then due reasonIL%: attorney's fees and nets connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in wi_t4by the lender and by pcrforming any other requirements under the mortgage. Curing your default in the manner set forth in this not';rt ,;IS restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged pruperxy could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff's lime will he sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You mar fi time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Washington Mutual Bank Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 866-926-8937 Fax Number: 904-281-3914 Contact Person: Collection Department Email Address: www.wamuhomeloans.com EFFECTS OF SHERIFF'S SALE.- - You should realize that a Sheriff's Sale will end your ownership of the mortgaged right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and you t!, belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You -mayor .X may not sell or transfer your home to a buyer or transferec x iN _ he mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or it th(% the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOK ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCC.I. THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATT_'r We may report information about your account to credit bureaus. Late payments, missed payments or other :± account may be reflected in your credit report. PA ACr 91 ¦ 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 136251 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. PAUL E- ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH :KARLA M.:14;NGSWORXH : AIFJA.KkPJ A K. SILVIA: 5155 EAST TRINDLE.ROAD. MECCHANICSBURG, PA.. 1700 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION IrAfm 7? NO. iL - 3.3'7Clot CUMBERLAND COUNTY CIVIL ACTION LAW COMPLAINT IN MQItTGAGE FORECLOSURE NOTICE o F WTI' yC: am r a 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 wi0xxd-.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 TfUS 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 WPIH 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 certify the Within to be a true-and, correct copy Of the OrkOnW 4W of record PHE AN Lawyer Referral Service Curnberlmd County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)190-9108 .r F& M 136231 PHELAN HALLINAN & SCH IIEG, 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 136251 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH BARLAM.ILLINGSWORTH . A/K/A KARLA M: SILVIA 5155 EAST TRINDLE. ROAD. MECHANICSBURG, PA 17050 Defendants 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 fbllo.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 delc hies or objections to the claims set forth against you. You are warned that if you fail to do so the caw ai'a proceed without you and a judgment may be entered against you by the court without further notio - is,r 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 LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE: WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVTDF YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGH! i. PERSONS AT A REDUCED FEE OR NO FEE. We hereby certify ft within to be 8 trui3 w d correct copy of the original fled of Mcgrd -A PHEt.AN Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Fite *: 136251 IF THIS IS THE F IRS'I' 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 FORA 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. nk #: 136251 1. Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL E. MUNGSWORTH, JR. A/KJA PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA 5155 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/27/2004 mortgagor(s) made, executed and delivered a mortgage upon the premise:, hereinafter: described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, NOMINEE FOR GATEWAY FUNDING DIVERSIFIED MORTGAGE which mortgage 1: recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1865, Page: 3493. PLAIIVTIFF 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 <a mortgage due 12/01/2005 and each month thereafter are due and unpaid, and by the ter-„ mortgage, upon failure of mortgagor to make such payments after a date specified by vv f i notice sent to Mortgagor, the entire principal balance and all interest due thereon are coil ck-nl s forthwith. File S: 136251 6. The following amounts are due on the mortgage: Principal Balance $122,783.29 Interest 4,446.00 11/01/2005 through 06113/2006 (Per Diem $19.76) Attorney's Fees 850.00 Cumulative Late Charges 267.48 02/27/2004 to 06/13/2006 Cost of Suit and Title Search 750.00 Subtotal $ 129,096.77 Escrow Credit 0.00 Deficit 199.82 Subtotal 199.82 TOTAL $ 129,296.59 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 Sal,,. i, 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 En3..a : fl; i Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of 1)6'MM required by the mortgage document, as applicable, have been sent to the Defendant(s) on 1- date(s) set forth thereon, and the temporary stay as provided by said notice has terminate: ' 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 Fl+:: t t Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount ex - s $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum o t' 129,296.59, together with interest from 06/13/2006 at the rate of $19.76 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foieclosure and sale; of the mortgaged property. PHELAN H2ALLINAN & SCHMIIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #; 136251 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Roy M. Benjamin, dated June 21, 1971, as follows, to wit: BEGINNING at a point on the Northern line of Trindle Road, which point is 2904 feet West of Sporting Hill Road; thence along Trindle Road South 65 degrees West 73 feet to the line of lands N/F of Lilliam R. Kerrigan; thence along same North 27 degrees West 180 feet to a point; thence North 65 degrees East 73 (erroneously stated as '7e' in preceding deed) feet to a point; thence South 25 degrees East 180 feet to the point of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick dwelling numbered 5155 Trindle Road. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights of way and/or conditions of record. BEING THE SAME PREMISES which Evelio DeBien and Esperanza DeBien, his wife, granted and conveyed by deed dated September 12, 1994, unto Bruce Dieter, the Grantor herein;. and recorded on September 15, 1994, in the Office of the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, to Book 111, Page 1015. PARCEL NO. 10-22-0525-010 File #: 136251 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 intentam, 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. '.' ?-' Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: o 13 ©fa V-T EXHIBIT E ,r ,4 i ? 11)AVIT OF SERVICE - CUMBERLAND COUNTY (JMR) W;eSlikNe lCiN M UTUAL BANK, F.A. o'I;sit?r9ft TYPE OF ACTION XX Mortgage Foreclosure )-WO `€ 1 €l,1.VN W WORTH, JR., XX Civil Action I1_L,INGSWORTH NO. 06-3374-CIVIL TERM =SWORTH File Number136251 L: a'IA 4 ..:', OUTH MECHANIC STREET A RTHAGE, NY 13619 SERVED € y PAUL E. ILLINGSWORTH JR. A/KJA PAUL M. ILLINGSWORTH Defendant on the 20at D:?s? o'clock, M., at 5?8 S, Mac u+-[ s? City in the "• served. ,vith whom Defendant(s) reside(s). Defendant's residence who refused to give name/relationship. T: P I, , of lodging in which Defendant(s) reside(s) i % i harge of Defendant's office or usual place of business. -? and officer of said defendant company. i rnpetent adult, being duly sworn according to law, depose and state that I personally t x . opy of the ,,rs-IT" kt F-tda&-OC C lL ,j :iiled case on the date and at the address indicated above. 1`'day Served B „ •' NOT SERVED h tr: day o , 20_, at o'clock t-,I.cndant NOT FOUND because: 44M Unknown No Answer Vacant 5u iscri?e 2008 B_ 1,(.; ;w mr 0w _ _ day Not Served BY: 120. Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 poi 36 SHERIFF'S RETURN - REGULAR 374 P PENNSYLVANIA: -SANK FA VS PAUL E JR ET AL ?F'ITZ Sheriff or Deputy Sheriff of _-.y,Pennsylvania, who being duly sworn according to law, hin COMPLAINT - MORT FORE was served upon r':ARLA M AKA KARLA M S I LVA the at 1448:00 HOURS, on the 7th day of July 2006 'ET DRIVE PA. 17050 by handing to a_LLINGSWORTH ?.sted copy of COMPLAINT - MORT FORE together with e time directing His attention to the contents thereof. ?-ti1 Subscibed to r,c. F :re me this So Answers: 18.00 12.32 00 10.00 R. Thomas Kline 00 40732 07/10/2006 PHELAN HALLINAN SCHMIEG By: - s day v DepXity Sheri f f A.D. EXHIBIT F • ; t & SCHMIEG, LLP m. Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF ?s= Esq., Id. No. 62695 Esq., Id. No. 62205 P . J , BANK, F.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY ? 1. (;vt;S WORTH, JR., A/K/A PAUL M. NO. 06-3374-CIVIL TERM S WORTH A/K/A KARLA M. Defendants "0. ILLINGSWORTH A/K/A KARLA M. SILVA LCKET DRIVE PA 17050 'SBURG +: FILE COPY , _ k t 'xl; . !; r' _ ,IDLY 28, 2006 A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO AIN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE I:CEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS r Uh LIEN AGAINST PROPERTY. IMPORTANT NOTICE E N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR F si' CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE i_ L, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU .>. PROPERTY OR OTHER IMPORTANT RIGHTS. )l vf( uLD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, c. IT r PHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH I' 1 A f v ^.3OUT HIRING A LAWYER. '',kNNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH ' ,w ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A E' 1) FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff & SCHMIEG, LLP Esq., Id. No. 32227 ' !.J01nan, Esq., Id. No. 62695 .: , Esq., Id. No. 62205 '\j, 6ANK, F.A. Plaintiff Vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY ;;WORTH, JR., A/K/A PAUL M. NO. 06-3374-CIVIL TERM GS WORTH A/K/A KARLA M. Defendants 14 INGSWORTH, JR., A/K/A PAUL M. ILLINGSWORTH e ' i yI MECHANIC STREET x 4. NY 13619 FILE COM' ,. r. + ?k.. r* - JELY 28, 2006 J A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY vi OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE <'FIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND _0NSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS C 1 of LIEN AGAINST PROPERTY. IMPORTANT NOTICE N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE i )P_ ',?Y ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR T,AIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE -;-T. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU rROPERTY OR OTHER IMPORTANT RIGHTS. A }M-.1) TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 1":'. _FPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH i.1 0 ABOUT HIRING A LAWYER. Y f )l i i'ANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH s i y =i•"v ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A "(1,I) FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff EXHIBIT G i , `s ; E i .. `11` & SCHMIEG, LLP re, I.D. No. 69849 )c nick ;c,, squire, I.D. No. 87077 ();'IL: n ?n C a "tc•r. Suite 1400 ORNEY FOR PLAINTIFF U ? . 0[it i •`, 2nnedy Boulevard ?JLE GONT s?: 1'\10103-1814 A' ;, Bank, F.A. Court of Common Pleas Eland Avenue Civil Division Plaintiff Cumberland County No. 06-3374 Civil Term a/k/a Paul M. Illingsworth r a/k/a Karla M. Silvia 'i_ sf,?ad .,. , 7050 Defendants PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES ca p N) ? , OTARY: ! etc r judgment in favor of the Plaintiff and against Defendant Paul E. Illin s "Wo ::!imjsworth, only, for failure to file an Answer to Plaintiffs Complaint within 20 t eof and for foreclosure and sale of the mortgaged premises, and assess !? . ?; as ibllows: ASSESSED AT A LATER DATE. certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and notice has been given in accordance with Rule 237.1, copy attached. T (' -IN EXHIBIT H Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 OCT-08-2008 12:48:34 < Last Name First/Middle Begin Date Active Duty Status Service/Agency. SILVA KARLA AUG 27-1996 Active Duty Army Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 4A4- Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: DLGJQPBNUN EXHIBIT I fw ' i )t 155 East Trindle Road, Mechanicsburg, PA 17050, which mortgage was rf \,hrc.h 2, 2004 in the Office of the Recorder of Deeds of Cumberland County in 1`t ti ? 865, Page 3493. A true and correct copy of the mortgage is attached hereto, rk and marked as Exhibit "A". acrtgage Electronic Registration Systems, Inc. delivered an Assignment of ff, which assignment was recorded on October 12, 2006 in the Office of the 1 ; is f Cumberland County in book 731, page 509. A true and correct copy of the t "z: rtgage is attached hereto, made part hereof, and marked as Exhibit "A1". : mrtgage is in default because monthly payments of principal and interest r "c-(- due December 1, 2005 and each month thereafter are due and unpaid, and by ??-,,age, upon default of such payments for a period of one month, the entire 1 4 < and all interest due thereon are collectable forthwith. ,,:tiff filed a mortgage foreclosure action against Defendants on or about June i correct copy of the Complaint is attached hereto and made part hereof as Maintiff has learned that Defendant, Karla M. Illingsworth, a/k/a Karla M. Silvia, m ;,a i we -duty in a branch of the United States Armed Forces. Plaintiff inquired of the De4; runelit of Defense and received notification on April 11, 2008 confirming that Defendant is on «.:t1`7e duty. A true and correct copy of the notification is attached hereto and made part herei'as Vxhibit "C„ 6. Title 50 U.S.C.A. §521 (b)(2) requires the Court to appoint an attorney to represent a Defendant who is in the military service, and for the appointed attorney to satisfy the Court =:, Y protecting the Defendant's interests prior to the entry of judgment. lit accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy '--l Motion to Appoint Counsel and Order to the Defendant on June 17, 2008 and Ft.:- !=-d ih(.? Defendant's concurrence. Plaintiff did not receive any response from the T rue and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and t:,d rtificate of mailing is attached hereto, made part hereof, and marked as Exhibit Judge has previously entered a ruling in this case. FORE, Plaintiff respectfully requests that this Honorable Court appoint an rat Defendant Karla M. Illingsworth, a/k/a Karla M. Silvia, in order to inquire military service and to file a report with the Court within 30 days from the girder as to what impact, if any Defendant's military service has had on her 4 , r3rr mortgage and counsel's recommendations. Respectfully Submitted: PHEL HALLINAN & SCHMIEG, LLP By: Mi ele M. Bradf rd, Esquire Jenine R-. Davey, Esquire Attorneys for Plaintiff ATTORNEY FOR PLAINTIFF PI f -1, ' : 1 LLINAN & SCBMIEG, LLP ?'J,-dford, Esquire, I.D. No. 69849 J .. : a . F 'squire, I.D. No. 87077 (?s, . ! , ; , _ nt . ro Suite 1400 K anedy Boulevard fry ",4103-1814 .xtual Bank, F.A. , , M.amd Avenue _ A "A Plaintiff Court of Common Pleas : Civil Division : Cumberland County : No. 06-3374 Civil Term Pais` -th, Jr., a/k/a Paul M. Illingsworth h,, ° ` F Y._.rth, a/k/a Karla M. Silvia gad Mec PA 17050 Defendants PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR APPOINTMENT OF COUNSEL The Servicemembers Civil Relief Act, 50 Appendix U.S.C.A §501 et seq., provides that a plaintiff may not enter a default judgment against a defendant who is on active duty in the military. 50 App. U.S.C.A. §521(c)(2). Section 521(b)(1) provides that any default judgment filed against a defendant shall have an affidavit of non-military service attached to it. Therefore, when a defendant is on active military duty, a default judgment cannot be filed against him. Section 521(b)(2) states, "the court may not enter a judgment until after the court appoints an attorney to represent the defendant." Accordingly, Plaintiff is unable to proceed with t t;:iion until the Court appoints an attorney for the Defendant. To ensure that the tr,• ? icteadant, Karla M. Illingsworth, a/k/a Karla M. Silvia, who is presently believed to h<< X11 tar , service, are properly represented, an attorney should be appointed to represent her her military service, and to file a report with the Court with counsel's z : ol ointed counsel would need to make contact with the defendant, either through the I i V, or by contacting the defendant directly where he is stationed. Once contact the appointed counsel would need to ascertain the defendant's ability to meet her . o ions and whether the defendant's military service adversely affected her ability s , a : ) ? h 1 N, mortgage payments. )RE, Plaintiff respectfully requests that this Honorable Court appoint an . pi esent Defendant Karla M. Illingsworth, a/k/a Karla M. Silvia, in order to inquire -L s military service and to file a report with the Court within 30 days from the Order as to what impact, if any Defendant's military service has had on her mortgage and counsel's recommendations. ? Respectfully submitted: PHE HALLINAN & SCHMIEG, LLP By: M chele A Bra#rd, Esquire Jemne R. Davey, Esquire Attorneys for Plaintiff EXHIBIT A i • . 416 g?} of I [Space AbanNUdke For Raw d ft Ddal "EN! M070220040012301 MORTGAGE fl-11 LOAN IS NOT ASSUMABLE WITHOUT THE- APPROVAL OF THE DEPARTMENT OF Y x r} e v S AFFAIRS OR ITS AUTHORIZED ..aup r aectioas of" documcat are defined below and other words Are defined in Sections } Certain rules mgarding the usage of words used in ibis dmitnettt are also Protidtd in ;' : at"' nxaos this doctnaen4 which is dated February 27, 2004 ; i docglr scat. , together with V*ul E Illingsswworth Jr and Karla IBingsworth . urndw this Security Instrument. Electronic ftistratioo Systems, Inc. MUS is a and esA parole ?rpOrBtlOp that is i 'per, for Leader aad I.eodes•s success m zt MARS Is 8ne• M$RS Is the montage, order organized and existing under the laws or Delaware, and has an address t " ,r 1'-O- Bo: 2026, M4 MI 48501-2026, tel. (888) 679-MFRS. ax' ' `_crarizr" is Gateway Funding Dlverstrled Mortgage Services LP. ccx , a x IMIted Partnership PENNIS o VANIA orgpnized grid existing tinder fit!!:ding 5, Horsham, PENNSYLVANIA 19044 - I eDws address is . ti ';ti,;tu" axetLS the promissory We signed by Borrower and dated February 27, 2004 Me . The No gn ;hst BO1`rOw`7 Owes Leader One Hundred Twenty Five Thousand Six Hundred and noM00 ? Dollar (U.S. S 125,600.00 ) plus interest a ; ';.t',a• r. Nu*k rain7r--MIF03u1117 4UUIENr ?xe4xnairym?y-cants (php! li I + +: xr lwes Promised to pay this debt in regular Periodic Payments and to pair the debt in full not later March 01, 2094 nc nias the property that is described below under the heading "Transfer of Rights in the I,e debt evidenced by the Note, plus interest. any prepaym qt charges and late charges r :`t m d A scan, due under this Security Instrument, plus intemst. :::u-.;s sll Riders to this Security hunrummt that Am executed B N rx na1 by Borrower [check bout as applicable): by otrower. The fallowing alder ? G duated Payment Rider UYA Development Rider ? Other(s) [specify) 2?' means all controlling applicable federal, state and local statutes, regulations, a Asu'auve rules and orders (that have the effect of law) as well as all applicable final, t , isria; opinions. if the indebtedness secured hereby is guaranteed-or insured under 71de 39. -ur? such Title and Regulations issued thaemtder and in effect on the date hareof shall d liabilities of the parties hereto, and any provisions of this or other instruments A esid indebtedness which are inconsistent with said Tale or Regulations ate .>=.clatlon Dues, Fees, and Assessments" means all date; ryes, assessments and other posrxl on Borrower or the Property by a condominium association, homeowners -1,4 'rraasfer" means any transfer of funds, other than a transaction originated by IMJL paper instrument, which is initiated through an deatbaie terminal, tekpbon' ,::tare. or magnetic tape so as 10 onkr. iusblwk or andwdze a finwicW institution to debit or ti• - ,.? r ,, includes, but is not limited to, point-of-sale transfers, automated idler machine Ca u`.a ed by telephone. wire transfers, and automated clearinghouse transfers. - " ,- a waus those items that are described in Section 3. -j, iLteuuneuuv Proceed," means any compenWion. settlement, award of damages, or proceeds paid v,'- ' urn. ; vttxz than insurance proooods paid twder the tbverages (Ies'atbed in Section S) for. cx dcstnc don of, the Property; (ii) condemnation of otter taking of all or any part of the tw :vcw myance in lieu of condemnation, of (iv) misrcm sentations of or omissions as 106 the u ^t^f : of-Aakm of the Property. .A NL4- Single fwilr-t1MFORN ff4SMUbjWiP .e: r,:.o, rp-aqt (Page 2oflJrpg-) TrenYr0a1•ppaq.?Of?c616Trr?71 v ' Pe-m ,dic Payment" means the teguWiy scheduled amount due for 0) principal and interest under the 4,--. - ,y anwunts under Section 3 of this Security Insaumt L _ ll ,';FSPA" ,are-- the Real Estate Sdtleawat Procedures Act (12 U.S.C. 12601 et seq.) and its Regulation X (24 C.F.R. Put 3300), as they might be nnertded from bate to time. u b„c(xssor legislation or regulation that governs the same subject matter. As used in this :,; z• IcF a?zn+;r,s "RESPA" refers to an rapirsmats and restrictions that aje imposed in regard to a .c , X;<tgavc loan" even if the Loan does not qualify as a'Yedershy related mortgage loan" tterest of Borrower" mans any party that has taken title to the Property. whether or z ed Borrower's obligatiom under the Note and/or this Socuiity instnnnent. a ,t;ti"'a IM THE PROPERTY ec:ums to Leoder. (1) the repayment of the Loan, and aq renewals. extensions and c,f Noce, and CH) the paforamum of Borrower's covenants and agremneats under this aFA the Note. For this purpose. Borrower does hereby morlj tge, grant and convey to z,?: `or Under and L.eod W s successors and assigns) and to the successors and assigns desctibca property located in the C0LmtV f rype or Ran o ft 3w6 idiml Cumberland kmwdny hairddiml y i:: er cc,e address of 5155 East Ttindle Road 1Saeetl hioehaniesWrg . Pennsylvania 17050 (~Property AddreWj: (City] rAP Cod,( ' fJ6,bTHER WITH all the improvements new or hereafter erected on the property. and an easenunts, ; x•,-:es, and futures now or hereafter a part of the property. All replaoemequ and additions shall also f a`:' d :. ti n.^FtA-Scale FimFly-IJMFORFf Q?'IRtAtIIF,lrt' ' . ","???+fi--tEaa fPrw3alrsP•seq xw:att-tsearo-a+uors°nss"ur?Oiui OR* ?. vcac,„ by this Security Instrument. All of the foregoing is mferrad to in this Security Instrument as the ll mrwer understands and agrees that MFRS holds only legal title to the interests granted by is casu :ty Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for r - +; mwrs and snips) has the right: to exercise any or all of those interests, including, u r. lirruvid to, the right to foreclose and all the Properly; and to take any action requited of Lender -11. A '; m -ttd to. releasing and canceling this Security humment. y`EVANfS that Borrower is lawfully seised of the estate hereby conveyed and has „- anatyhge,, grant and convey the Property and that the Property, is unencumbered, except for ..... cs w, rarnd. Borrower warrants and will defend generally the title to the Property against all JCnands, subject to any encumbrances of record. rTw' NMUM1N[ comMoes uniform covenants for nauopal use and non-tmifornt :tr t Variations by jurisdiction to constitute a uniform security, instrument covering real I I, '';` VV P S. Borrower and Lender covenant and agree as follows: ,A,,Lnr + -3 Principal, Interest, Escr for Items, Prgmymmi Charges, mad Late Charger <>v -!ail .+4m due the principal of, and interest on, the debt evidenced by the Note and any 4 tad late charges due under the Note. Borrower shall also par funds for E. Items Payments due under the Note and this Security Instrument shall be made in U.S. nay check or other instrument received by Lender as prymyat under the Note or this m1,tmcd to Lender unpaid, Lender may requite that any of all subaequeat payments Security Instrument be made in one or more of the following forms, as selected ey order; (c) certified check, bank check, treasurer's check or cashier's check, --rawo upon an institution whose deposits are insured by a federal agency, ci a Electronic Funds Transfer. ;exivcd by Lender when received at the location designated in the Note or at gray be designated by Lender in accordance with the notice provisions in Section 14. ;:ac; paynteut or partial payment if the payment or partial payments are insufficient to 1-,acted may accent any payer or partial payment inr4licieot to bring the Loan ,, any rights hereunder or prejudice to its rights to ref* such payment or par" ,,. ' ,.,,, ht¢t. Lender is rot obligated to apply such payments at the time such payments are a:,:cptw f t Payment is applied a of its scheduled due date, then Lender need not pay interest v:t wiarplir' f:trr;., Lt:rvle?- may hold such urupplied funds until Borrower makes payment to bring the Loan T ; ,ra :ot do so within a reasonable period of time, Lender awl either apply such funds roWrx. If not applied earlier, such funds will be applied to the outstanding principal n medistely prior to foreclosure. No offset or claim which borrower might have now -?:ajr? ngaiaast Lender shall relieve Borrower from makmg payments due wader the Note and this lssiac.craent of performing the covenants and agreements secured by this Security Instrument. L Application of Payments or Proceeds. Except as otherwise described in this Section 2, all a> ;; ?,_ < accepted and applied by Lando shall be applied in the following order of priority: (a) interest due )ndez tlte, err; (h) orimipal due under the Note; (c) amounts due under Secion ?. Such payments shall be alr;alsa ! k ezci+ Petiodic Payment in the order in which it became due. Any tetitaming amounts shall be yffi li°s+, It, late charges, second to any other amounts due under this Soctuitjr Instrument, and then to the principal balance of the Note. -?k.vhl4LA?-SlglsPump-UM?O1tMII'1Sl'RIA?I6NC ?, t'sn .,"*,-rf +F-+ESa fP4p 4 of 15 pa8a1 to 0 i4At VaaaHMo o",W,In 0 1 t; Ltuder receives a payment from Borrower for a delinquent Periodic Payment which includes a statiic-r"n;. amount Mi pay any late charge due, the payment may be applied to tha diliaque t payment and the :";Dta•-r than one Periodic Payment is outstanding, Lender may apply any payment moeived from x,, ,*,payn=t of the Periodic Payments W, and to the extent that, each payment an be paid in --c cxr?€ .runt. any excess exists afar de payment is applied to the fbq payment of one or mac f rncKiw P ynemtc such excess may be applied to any late charges due. Voluntary prepayments shall be ;e.: Any pxpayment charges and then as described in the Note. ), i :.^t:,,n of payments, insurance proceeds, or Idisalisocoos Proceeds to phincipal due under the ? exit nd or postpone the due date, or change do a moons, of the Periodic Payments. Fumis for Escrow 1hons. Borrower shall pay to Lender on the day Periodic Payments are due ,e:..Pr +a€ ;tee Note is paid in full, a arm (the "Funds") to provide for payment of amounts due for. axe a sr, ;m"ts and other items which can attain priority over this Seemity Instrument as alien moperty; (b) leasehold payments or ground rents on the Property, if any; and a .r st:C: t >r r -id all insurance required by Leader under Section S. These items are called "Escrow i!ar?s ,s nib ntiors or at any time durirtg the team of the Loan, Lender may require that Community a.;sx x ::>r:: .<f r' ,u, and Assessments, if any, be escrowed by Borrower. and such dues, fees and !;-crew Item. Borrower sban promptly furnish to Lender all notices of amounts to be Porrowcr shall pay Lender the Funds for Escrow Itela unless Lender waives c. ray the Funds for any at an Escrow Items. Leader may waive Borrower's ;sin Flmds for any or all Escrow Items at any time. Any sixb waiver may only be in s.: h waiver, Borrower shall lay dim*. when and where payable, the amounts due :. which payment of Fords has been waived by Lender and, if Lender requires. Shall rctc, .crcipts evidencing such payment within such time period as Lender may rogtdre. ri„ak r such payments and to provide receipts shall for all purposes be deemed to be vt c .4 r r: W contained in this Socurity Instrument. as the phrase -covenant and agreement" is < obligated to pay Escrow Items directly, pursuant to a waiver. and Borrower i Escrow Item, Lender may exemise its rights unala Section 9 and pay such is r ac obligated under Section 9 to repay to Lender any such amount. Lender :. ... ,, ai t= ,., to any or all Escrow Items at any time by a notice given in accordance with Section ic9 1 e,ocatiou. Borrower Shall pay to Lender all Funds, and in such amounts, that are then time, collect and bold Punds in an amount (a) sufficient to permit Lender to apply c upecified under RESPA. and (b) not to exceed the um mmr amount a lender an Ruder shall estimate the amount of Funds due on the basis of current data and k of expenditures of futtm6 Escrow Items or otherwise in accordance with Applicable cx: i,eld in an institution whose deposits me insured by a federal agency, --IWing Leader, if Leader is an institution whose deposits are so insured) or in aI&ik. Lender shall apply the Fads to pay the Escrow ltems ao later than the tithe z k,?SUA.. Under shall not charge Borrower for holding and applying the Funds, annually r x • r„n escrow account. or verifying the Escrow Items, unless Lender pays Borrower interest on the futtaa and Applicable Law permits Lender to mate such a charge. Unless an agrednet is made in writing or Applicable Law requires interest to be paid on the Fords, Lender shall not be requjired to pay Borrower any v t,t eapd.'Igs wr the Funds. Borrower and Lender can agree in writing, however, that interest shall be rez Fuxin Leader shall give to Borrower, without charge, an annual accounting of the Funds as rY?:v,xa S?:.vw.tvhw-.singe F.milp-Ut?'oxbi IA67'RtAtrLlY1' :>-.k wery-aa:as (Pne5ef13Paso) reeN.aat-0s8tarsnar $W7WIIbnsi • tear is a uuptas of Funds held in escrow. as defined tinder RESPA) Leader shall account to Btu , r, r• r:?t E:xGCSS (ands in adxeordonce with RESPA. If them is a shortage of Funds held in escrow, as » r, 4,C:`'•, Lender shall notify Barowa as requited by RESPA. Rod Borrower shall pay to :,..x :.:y ro make up the shortage in aa>adwce with RESPA, but in no more than 12 r : ::s,? :cue zi : is a deficiency of Panels held in escrow, as defmod tinder RESPA, Leader shall it o-wc., ,aY a hatred by RESPA. and Harrower shall pay to Leader der amount necessary to make up he r i ; r, n o : »a with RBSPA. but in so more dust 12 mombly payments. ,< ar.cnE in fall of all sums secured by this Seaaity 1minument, Leadl(r shalt promptly refund to .1. by Lender. t r; Wens. Borrower shall pay all taxes, assessments. charges, fines, and impositions =t::c ter: to Property which can attain priority over this Security lnsu mhejt, leasehold payments or 6I "Mocry, if any, and Community Association Dues. Far, and Asacamcau, if any. To it: ,; are Escrow Items, Borrower shall pay them in the manner provided in Section 3. ')-A3 .ptly discharge any ties which has priority over this Security Inmumcat unless cs writing to der psymat of der obliptim secured by the lien in a manner acceptable to r.. ?jt as Borrower is performing such agreement; (b) contester tote lien in good faith by, or c. gad of the lien in, legal proceedings which in Leader's opinion operate to prevent r ..,..set `acre lien while those proceedings are peading, but only uOtil such proceedings are f r ,ra°a P-jr, the holder of the lien on agreement satisfactory to Lender subordinating the ik .xirc.sui; tar strumeut. If Lender determiner dot any past of the property is Wbject to a lion which :n ear ?, znt a w v this Security Instrument, Leader may give Borrower a gotim identifying the lien. . ea. a of :arc :fete on which that notice is given, Borrower shall satisfy toe lien or take one or more of the,---roux set fe th above in this Section 4. Burrower to pay a one-time charge for areal estate tax verification and/or reporting ! t ; i, o ter Jr con-wetion with this Loan. "orvwer shall keep the improvements now adsting or hereafter erected on CA" by fur, hazards included within the term °ext*aded coverage." and any ,uA lunitcd to, earthquakes and floods. for which Lcoda requires insurance. This c;siatmncd in the amounts (including ded acdble levels) and f9r the periods that Lender eequires pursuant to the preceding sentences an change doting the tam of the Loan. errlei itrnviding the insurance shall be dxmm by Borrower subject to Lender's right to st.ipr::Tr: ??anvucr"s choice, which right shall not be exercised unreasonably. Lender may require . i,,i i"on with this Loan, either: (a) n one-time dirge for flood zone determination, cxti=icL5A--'? ind ir"ng services; or (b) a one-time charge for flood zone deterinination and certification viecK srrrf subseauent charges each time temappings or similar changes.ocau which reasonably might -'r.noui6on or certification. Borrower shag also be responsible for.. the payment of any fees et Estr:rgency Management Agency in connection with the review of any flood zone :,; A,:-it as objection by Borrower. v- r- mauecain any of the coverages described above, Lender may obtain insurance ption and Borrower's expense. Lender is under o obligation to purchase any } p. or amount of coverage. Therefor% such coverage shall cover Lender, but might or might not :a ,t ea b(mo•w er, Borrowers equity in the PnVaty, or the contents of the against any risk, hazard u liability and might provide greater or leaser coverage than was P?3' in effect. Borrower f a,..w!aY ::s 4;+: the crest of the insurance coverage so obtained might signi6gantly exceed the coat of :cuaarn - thx Bormwer could have obtained. Any amounts disbursed by Leader trader this Section 5 shall recut of Borrower secured by this Security Instrument. These ampdmts shall bear interest at . = TMs.vn:^?saKk Fsm6y--UIVVOIISf nclsl'RUSffi?T ,a'rr aQ.a(DMI)-MM (P4r6dflspeasr) To oardnr*osaso Gkc06TMSf-11ri 00 ' 0 :he Note rate from :he date of disbursement and shall be payable, with such interest, upon notice from Lender r Rarm a er reyutwing payment. ,t aosurstct ;x3iicita regained by Lender and renewals of such policies shall be subject to Lender's n,?? i, <(. -srappmvo such policies. shall include a standard mortgage closer, aid AM name Leads as mnrtgsgee and/or as an additional loss payes. Lender shall have the right to bold the policies and renewal ,tifica 's if Lzrider inquires, Borrower shall promptly give to Lender an 1601 M of paid premiums and ti:)mwer obtains any form of insurance coverage, not of erwite required by Lender, for .-t .xtioc of, the Property. such policy shall include a standard jj engage clause and shall ,rein. e ns n xrr.4ngee and/or as an additional loss payee. in .?c: r det: r J tans, Borrower shalt give prompt notice to the insurance curiet and Lender. Lender nay ta:se proof of toss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in u , ;:tb « Ce., proceeds, whether or not the underlying insurance was required by Leader, shall be resru-r lion n repair of the Property. if the restoration or repair is aooaomially, feasible and t lessened. During such repair and restoration period, Lawler shalt have the right to n-;x R,--coeds until Lander has had an opportunity to inspect such Ptopaty to cusum the work i.. - ` » i Lender's satisfaNion, provided thM such inspection shall be urdwu&m promptly. 'abeam;. t ooceds for the repairs and restoration in a single payment or in a series of progress K err: !:e w irk is completed. Unless an agreement is made is writing or Applicable Law requires sick insurance proceeds. Lender shalt rant be required to pay Borrower any interest or r ca+ti: °Y c mftf Fees for public adjusters, or other third parties. retained by Borrower shall not be Y. a insf jai" procceds and dull be the sole obligation of Borrower. If t& Maturation cc repair is ucalty f,= Me or Larder's security would be lessened, the insurance pgxoeds shall be applied to ere «3 ?c -ed -,1v Y`us Security histrwnent, whether or not than due, with the excess. if any. paid to rolls shalt be applied in" order provided for in Section 2. Pmoerty, Lender may file, negotiate and settle any available insurance claim ,;o,. K not respond within 30 days to a notice from Lander that the insurance oin, then Lender may negotiate and settle the claki. The 30-day period will „ , ,.. .r gt. -• laL either event, or if Lender acquires the Property Hader Section 24 or :.rreby a"tgns to Lender (a) Borrower's rights to any insursupe proceeds in an amount s : ant, Sal under the Now or this Security Irrsunm hit, and (b) any other of Borrower's xra .;,, M;gP t ;o any refund of unearned premiums paid by BorroWer) under all insurance r f r .rafsr as such rights ara applicable to the coverage of the Property. Leader .'xrx is either to repair or restore the Property or to pay anhorats unpaid under the Yy I nsuvment, whether at not then due. r-. °. 8Oxrawer shall occupy. establish, and use the Property as Bormwees principal :sr the execution of this Security Instrument and shall continue to oecupy the S :a; residence for at /asst one year after the data of Qoapsucy, Unless Lender der h consent shall not be unreasonably withheld, or milers extenusting .. _ t A ^.;?.1 are beyond Borrower's control. 7'rricrva?ton, Maintenance and Protection of the Property: Laspeetlous, Burrower awl not a.ir,es?ge or impair the Property, allow the Property to deteriorate or commjit waste on the Property. hcr'tyo rn not Poyrmwer is residing in the Property. Borrower shall maintain the Pic" in order to prevent •ery r;,> t deirnornting or decreasing in value due to its condition. Unless it is determined pursuant to :on S hint re;uur or restoration is not economically femble, Borrower shall promptly repair the Property A:nag-A" ter! a.ofd feather deterioration or damage. If insoaace or coadeamation proceeds are laid m G .ia nagc to, or the eking of, the Property, Borrower shall be responsible for repairing or SFr, 2tvi,v i,? Fizal -ItNWonMounamam .Q zre?s ru,nk. sans (rer 74f isP2j") beMrOa wso-atosasors „ c voiin,g due lImperty only if I.endu has released proceeds for such ptnpom. Lcn* mey disburse pnxxz s r.xtoration in a single payments or in a series of progress payments as the work is k inw,kuice or condemnation proceeds an not sufficient to repair or rotors the Property. oti x =.a r:1r_ •r.':c:t'Sd of Borrower's obligation for the cosopletion of such repok orr'sstmation. tun qtr a. mat may make reasonable entries upon and inspections 91' Ibe Property. If it has r.:wrrable CaWtL IA--nder my inspect the interior of the improvements on the hoperty. Leader shall give P<, mu -r s ,ticv n: t*: time of or prior to such an interior inspection specifying am* reasonable cause. Lana Applleatlm Borrower shalt be in default it thtrhtg the Loam application . ur my persons or aotida acting at the direction of Bom6ver or with Bormwees r: ;. v,= igr x run .'nr gave materially false. misleading. or inaccurate irforlouit or statements to Lender i`t lend w V .', ;Ire Lender with material information) in connection with the LOa9. Material rep osculation 1-1 nrr- KPH limited to, representations concerning Borroweex occupancy of do Property of ?ro vee p inr'iyml residence. :''r 3te>: mzu S4 of Lender's Interests In the Property and Rights Under this Security 110trU0lnt. if 1,1 Rome aver fails to perform the covenants and agreements contained in this Sa4rfty hhstrumm (b) there A lt:val Proceeding that might significantly affect Lender's interest in do Property and/or rights under this t h as a proceeding in bankruirwy, probate. for conder;mntion or forfeittme, for to a lic-,, which may attain priority over this Security Instrument or to ca race laws or e TI rt,Yower has abandoned the Property. Om Lender may do and pay for whatever is a :;;Hate to protect Lender's interest in the.Property and rights under this Security ix u r otocting and/or assessing the value of the property, and securing and/or repairing due '' -rn can induce, bun ate not limited to: (a) PeYlaB mY sins secured by a lien which ' Sec ity Instrument; (b) appeorhrg in carat; and (c) paying ra}sonable attorneys' fees to Property and/or rights under this Security Instrument, including its seamed position ,g• Securing the property includes, but is not limited so, entering the Property to rp`.ace or board up doors nd windows, dmin water from pipes, eliminate Al or dangerous conditions. and have utilities tamed on or off. Although this Section 9. Lender does rot have to do so and is not under eery duty or e _ -1pecd that Lender incurs no liability for not taking any or all actions authorized ,..`-t used by Lender under this Section 9 shall become additional debt of Borrower :res'amment. These amounts shall bear interest at the Npte rate from the data of )ayal)lc. with such interest, upon notice from Lendei to Borrow= requesting 7 ;wa irunent is on a Icaschokl. Borrower shall comply with all the provisions of the lease. r We to the Property, the leasehold and the fee title shall not merge unless Lender >s sxx;. ..ci :+aeting. „LL,.r ,4°•.i .,' MIsceuaneom Proceeds; Forhlture. All b isceilasequs Proceeds are hereby .. .... ... A; j--aid to fender. is damaged, such Misoellancous Proceeds shell be applied to raloration or repair of the e W-Moncton or repair is ecooomically feasible and Lender's security is rot Icasco d. Dining a ice, ,k, and restoration period, Lender sball have the right to hold such Miscellaneotu proceeds until 'e F t + -' rt; opportunity to inspect such Property to ensure the work has heft eompteted to Leader's prr, cod that such inspection shell be undertaken promptly. Lender mny pry for the repairs and ,.sex rac:r in u sing1c, disbursement or in a ¦se?ries of progress payments as the wort is cmp_levte'd'.Union an writing or Applicable Law requires interest to be paid on such Miscellaneous • pryyWYs. %.t:'+,ti'. ? m",.t? ,ti'?I.k.._.J Rgle FsmilY-'t1PUFORM IIeR4l'Rl1?mN! . _. ,=. v ; : ^, - •ha7te(Ptr? d ?/3 PedW1 T.ftw. "W40 0s7Dr=6KTrst -M f "Ii W ;re rrquued to pry Barowa any interest err emmiup oa such Misrdlaneoas Proceeds. lfthe ?yeliov f A, refka4 is not eoonondally feasible or Lender's security would be lessened, the Mizediancous p tins applied to the sums seamed by this Security Instrument, wha iar or not then due. with the .- Borrower. Such Miscellaneous Proceeds shall be applied io the order provided for in T.'w,, nvcnt of a told talung, desttuctiom, or it= in value of the Property, the Mlscdiaoeoas Proceeds ltd tl-e sums secured by this Security LnMmtent, wbcdmr or not then due, with the excess, if ,i, ,ems i nx of 6 lwnial taking, destructs m, or loss in value of the Property in which the fair market r r3?c Protxrty immediately before the partial taking, destruction, or loss in value is equal to or greater r ire ,)stns of the guru aecored by this Security Instrument immediately before the partial tatting, , Iii, loss in value, unless Borrviver and bender otherwise agroc in wridml[, the sums secured by this 3u, ,-jzl.: shall be reduced by the amount of the Misodlanam Proceeds multiplied by the e) the total amount of the mast secured immediately before the partial taking, ,ii;tioo, or kss in value divided by (b) the fair market value of the Property immediately before the tl, akinA, destruction, orlon in value. Any balance skull be paid to Bomowa. ver: of a Partial taking. destruction, or loss in value of the Property in which the fair marker r+.,; Jug = tmediatcly before the partial takW& destruction, or loss in value is less than the r cm d immediately before the partial uldag, destruction, or lost in value, unless IM, eu,._t otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the rams tai b This sm--nit" Instrument whether or nathe sums are turn due. ht, ,Iivpri"y is abandoned by Borrower, or if, after notice by lender to Borrower that the Opposing 4 s x> d-final in the next srnteneeyoffers to make an award to settle a claim fair dnuuger, Borrower fails + s wiihin 30 days after the date the notice is gives. Lender is authorized to collect and ,wt eds either to restoration at repair of the Property or tq the sums secured by this wr •* not then the. "Opposing Party" means the third (Harty, that owes Borrower w h:: tarty against whom Borrower has a right of action iu regard to Miscellaneous -v :i:a;l',r in default if any action or proceeding, whether civil or criminal, is begun that, in ?Ur- r tS'Plfwat, could result in forfeitint of the Property or other material impairment of Lender's r::>1 Pr;; rt or rights under thin Security Instrument. Borrower an rue such a defouk and, if rr , reinstate as provided in Section 18, by causing the action or proceeding to be t tlut5„ in Lender's judgment, precludes forfeiture of the Property, or other material c s iruzrest in the Property or rights node this Security lestroritent. Mw proceeds of any a •ai fa,r damages that are attributable to the impairment of Lender's interest in the Property ore c ... l .tali be paid to Leader. _c i is r rerun Proceeds that are not applied to restoration or repair of the Property shall be applied 6, fn r in Section 2 -r 1T -leased; Forbeamuce by Under Not a Waiver. Extension of the time for -a-ion of amortintion of the sums sectored by this Security hutrnment granted by Lander rj Successor in Interest of Borrower shall not operate to rdesse the liability of Borrower or rs in Interest of Borrower. Leader shall not be required to commemct proceedings against any rn r, lntetest of Borroweror to refine to extend time for payment or otberivise modify amortization rraixod by this Security Instrument by season of my demand mate by the original Borrower or -suim , a Interest of Borrower. Any forbearance by Lender in exercising any right or remedy !;,k .vithw , limitation, Lender's acceptance of payments from third persons, entities or Successors in kF .'Y ±,S t'i,t+AtFS,i.•?3iutla Family--UNlpo1W IPIS7R[A1?Ni rrr4arnn,;newer (POlaaoftsFAR-) Toa tact "wessot?srnu311 T,. -30 {;,c rs of Borower or in amounts less that the amount then due. shall not be a waiver of or preclude the cxr•ciw .11 any right or remedy. Jolat ,uul Several Liability; Co-signers; Successors and Assigtts Bound. Borrower covenants a3re--? what Herrera, -'a obligations and liability shall be joint and several. Hoyiever, any Borrower who r' z ,-,s ;his Scc.;rus lrssrument but aloe not execute this Note (a "co-signet's (a) is eo signigg this Security -1, only ; o mortgage. great and convey the co sigaces interest at the Propeity under the terns of this tr,+•:;-r:o :-- ib) is not personally obligated to pay the sums secured by dd# Security Instrument; said uh :° L e er and any other Borrower can agree to extend, modify, forbear at make any , rrsgard to the terms of this Security Instrument or the Note without oho co-signer's w t.'?c provisions of Suction 17, any Successor in Interest of Borrower wbo assumes Bmower's .r ,s rendir- !his Security Instrument in writing. and is approved by Lender, shall obtain all of ?err tcfiu under this Security Instrument Borrower shall not be released from Y i ra =J- liability under this Security Instrument unless Leader agrees to such release in ,iu,,- T%c cove ants and agreements of this Security Instrument shall bind (exc* as provided in Section r t?cr.rfit tow sa:t*ssors and assigns of Lauder. e _<: ''terwrat lender may charge Borrower frees for services perfoimed in connection with kk parpose, of protecting Lender's later= in the P?t ty and rights under this 'tr isr?, but not limited to, rttorrays' fees. property i on erne valuation flees. In absence of expect authority in this Security I stsumept to charge a specific foe f,. ne.:anstruW as a prohibition on the charging of such fee. Leada may not charge fees rain hied by this Security Instrument or by Applicable Law. r•c elan is sihrxd to a law which Seas niaximam loan edusrgn. and that layv is finally interpreted ter +r ,c charges collected or to be collected in connection with the Loan exceed the owl, loan charge shall be reduced by the amount. necessary to reduce the ind (b) any sums already cwlloctod f ern Borrower Which exceeded permitted .Mil er. Londe may choose 't make this refund by rooludug the principal owed e arec€ payment to Borrower. If a refund reduces principal, the reduction will mane without any prepayment charge (whether or not a prepsymert charge is ate). Borrower's acceptance of any such refund made by di(ect payment to Borrower ny ?ighc of action Borrower might have wising out of such overcharge, ix..s given by Borrower or lender in connection with this Security Instrument <t; rc!ics to Borrower in connection with this Security Iostrgmert shell be deemed to is when mailed by first class mail or when actually ddivixed to Barrower's notice y .,tno-a :scares. Notice to any one Borrower shall constitute notice to all Borrowers unless p?iraF,in L,aw expressly requires otbovim Mae notice address shall be the ?toperty Address unless E r.. •> ra "a• .lam gr are a substitute notice address by notice to Leader. Barui ?vr shell promptly notify c ?:, s :aat,gc of address. If Lender specifies a procedure for repordag Borrower's change of ;, 3t7t.7 wow shali only report a change of address througb that specified procedure- There maybe °. address under this Security Instrument at sty one time. Any notice to Lends shall >r e ach, tr) ay n or by nu sling it by first class mail to Lender's address inktad herein unless Leader has ties gar, :ed another address by notice to Borrower. Any notice in connection will this Security Instrument z u, dccmcd to have bean given to Lender until actually received by Leader. If soy notice required by tnsirumcut is also required tinder Applicable Law. the Applicable Law requirement will satisfy „_. .. ,;iirig i"ttirement under this Security Instrument. . ' ; ?' ,,, P•. _S,, erne ?cr7y--UP$FORI11 tN37YUll1ENr .,... arRO (Paplorflspetzer) Htsrs4a *assadatrrm °hSnsE"t8•rn9Frout 0 vY4-rn1ng Low; SaveraMlyt Rules of Coas6roetloa This Sec*ity Instrument sball be m4 r t a fe,,*eral law and the law of the jurisdiction in which the Property is located All rights and gst4:Uz <ontawcd in this Security Instrument are abject to any requimpeuts and limitations of .ppii*_able Law might explicitly or implicitly allow the parties to agree by contract or it r ,? ,EZt .x Bch silence chill not be eonstruod as a prohibition against agpeneot by contract. In the -irjan or elmse of this Security instrument or the Note conflicts with Applicable 1". such 7 7 other provisions of this Security Instrument or the Note Wbic6 can be given etfat i * c r.? tiag provision. This Security instrument: (a) wards of the tnroculine gender shalt mean and inchude r ;:racy ,x to words or words of the femiaiae gender, (b) words in the. singular ahall mean and sncla, p ! ral and vice versa; and (c) the word "my" gives sole discretion widiout any obligation to take :w; -f -,^g Copy. Borrower shall be given one copy of the Note and of this Security Instrument. s x e ti_- of the Property. This loan may be declared immediately due and payable upon transfer tine M;Taaiy &cctuing such loan to any traoderee, tmless the acceptability of the assumption of the ban is _.? ! std news, rant to Section 3714 of C ogler 37. Title 38, United States Code. ice exercises this optka. Lander shall give Borrower notice of aeceleation. The notice shall r;.: ' =f n.)i less than 30 days from the date the notice is given in aol ordance with Section 14 -biro "-'Lb cr must pay all puns segued by this Security Instrument. If Borrower faib to pay these =.'Im O'n", ,f. tt:c expiration of this period, Lender may invoke any remedies permitted by this Security ,,s fwiher notice or demand on Borrower. T14rvwer's Rtghl to Rdnstaft After Acceleratbn. If Borrower meets certain conditions, the right to have enforcement of this Security f tstrmment disc: mned a any time prior 1iere days before sale of the Property pursuant to any power of ask contained in this uch other period as Applicable Law might specify for the jermination of Borrower's w of a judgment enforcing this Security Instrument. Those conditions am the nis which then world be due miler this Security Instrument and the Note as Ai. (b) cures my default of any other covenants or agreements; (c) pays all ciag this Security Instrument. inchidimg, but not limited to, reasonable attomeye uuu and valuation fete, and other foes incurred for the purposs of protecting Lender's and rights under this Security instrument; and (d) takes each action as Lender may zzs iare that Lender's interest in the Pwpctty, and rights .. this Security Inprumet, +,wion to pay the sums sectued by this Security Instrmmenk 4rall oantioae unchanged. 3 w: Borrower pay such reiroteeanatt sums sad expenses in onti or moms of the following >, a =r11?Y I ender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's cbeck or c,irf :.K. ^*nrici-flat any such check is drawn upon an institution whose deposits ce insured by a r arnuiity or entity; or (d) Electronic Funds Transfer. Upon reiostatemeit by Borrower, nmmnL and obligations secured hereby shall remain fully effective as if no acceleration had W _ rcr, this right to reinstate d a no apply in the case of acceleration *-Aw Section 17. a %'A e; (:hattge of Lone Servloer; Notla of Gtieramee. The Nuts or a partial interest in ubet with ibis Security Instrument) can be sold one or more times without prior notice to hale night result in a tdnnge in the entity (known as the `Loan Servieal that collects Periodic 'ystc;:lts .?.;ac wale- the Note and this Security Instrument and performs other mortgage loan servicing F:;:aor1 cyder the Note, this Security Instrument, and Applicable Law. There also night be one or more a:. aa!3 f be :man Scrvicer unrelated In a sale of the Note. If Wee is a change of the Low Serviar, "< <T+M at written notice of the change whiciu will state the sans aod'addren of the new f oao s'e'. ^'.,a.'7t 4--Siryis tamilY-[II?ORIU uVSTRtA?Ni GREA r«,rFtG4tt}aEAf (pap 11g115pgra) i.0er titt4a1d7ornoots"t-/tin Sr^viccr, the address to which paynm= should be made and any other idonpation RESPA requires ire :? v µ a autice of transferof servicing. U the Note is sob and d=catthe Loon is serviced by a vs: err, der otho. than the purchaser of the Note. the mortgage ban servicing obligations to Borrower will o Savicer or be transferred to a successor Loan 5evioer and are not assumed by the N c> c : basrx . cr>s otherwise provided by the Now pwdwx. :eY P?-rwver nor Lender may corm codex join, or be joined to any judicial action (as either an .,; !;x member of a dos) that arises from the other party's actiops Pursuant to this Security r ere u cge s that the other parry has breached arty provision Of, or i9y duty owed by raiMh of, until inch Borrower or L.ehder has notified the other party (with such notice given ,r, , ,. ,; i,?. thr rsghtirahheats of Section 14) of such elkgad breach and afforded the other party !hereto nr- ; .,lulu prri, a.?'ter the giving of such notice to take corrective, action. If Applicable Law provides a .;' .: i. ?: r:a eras elapse before ceruin action can be taken. that lima period will be deermed to be ,,,.TN.:sea of this paragraph. The notice of acceleration and opportunity to cure given to to Section 24 and the notice of acceleration given to Boeorta pursuarN to Section 17 =-c C,c CUVA iU satisfy the notice and opportunity to tape conrective action povislons of this section 19. ": i aT arY3ow Substances. As used in this Section 20: (a) "Hazardous Substances" we those tiIxic or hazardous: substances, pollw=14 or wastes by Filvbonmental Law and the gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and :i-v inive nts, materials containing asbecta or formaldehyde, and radioactive materials; _' rneares federal laws and laws of the jurisdiction where the Property, is located that r cot environmental protection; (c) "Environmental Maui" ioolmdes enY response or removal acdou6 as defiecd in Environmental Law; and (d) an "Environmental ws * , c aadition that can carne, contribute to. or otherwise trigger an hovitonmentd Cleanup. ,., cause or permit the presence, use, disposal, storage, or release of any Hazardous release any Hazardous Substances, on or in the property. Borrower shall not do, anything affeedrig the Property (a) that is in violstiom of any EnvirounieaW c,fwironmemtal Condition. or (c) which, due to the presume. use, or release of a c . a corhtitiurh that adversely affects the value of the Property. The preceding two e , . i ... ,ippty to the presence, use, or storage on the property of smart quantities of Hazardous cr,crally recognized to be apptopdate to normal residential asp and to maintenance of }.e ` xi ng, but not limited to. brc¢ardoa substances in exhmsuhrrher proddcts). ;nnptly give Lender written notice of (a) any invatigatio(h, claim, demand, bhwsuit governments! or Msulatoty agency or private party involving the propert and ?Jbsrance or Environmental Law of which Burrower has actual knowied )soy :nTe<:tal CA,)ndition, including but not limited to any spilling, leaking, discparge, release or threat of era^r ,r ..ny keazazeious Substance, and (e) my condition caused by the preaeace, Use Or release Of a err I x. which adversely driects the value of the Property. If Borrower learns, or is notified by ni Ir r:gulatory audhoniry, or any private party. that any removal or other remediation of any scr affxting the property is necessary, Borrower- shall pro6ptiy, take all necessary i u a:x ordancc with Environmental Law. Nothing herein shall create any obligation on du Environutexttal Cleanup. x Funding Fee. A fee equal to onodalf of one percent of the balance of this ban as of the date of e ?,,, s; :hall be payable at &a time of transfer to" loan holler or its authorized asaL Y ., Qcnt Of Veteaas Affairs. If the asstmter falls to pay this foe at the time of transfer. the e,eutt z?, additional debt to that already secured by this instrument, skin bear intmW at the rate > f*j. sat rho option of the payee of the indebtedness hereby secured or any transferroe thereof, is Ov:i`A 4w qy tAm Single re/ aily+-UNUFORM DiMMEfl' GRIFARAPIDIN (Pbrl20115pow) bar* CleFtro4r6trrhora shrrahrtrc slam+. be immediately due acrd payable. This fee is antomatially waived if the asptiner is exetnpt under the pre?,iwo es of 38 U.S.C. 3729(x} 1 Prof-mNiny, Charge. Upon application for approval to allow assumption of this loank a processing the lose holder or its artborixed agent for determining (rte creditworthiness of the N a ,,?-4e1endy revising the bolda's ownership records when an approved tta der is completed. c-cargo shall not exceed do maximum established by the Department of Veterans Affairs r -tion 3714 of Chapter 37. Tide 39. United States Code applies. odexr,, !ve [lability. If this obiiylion is assumed, then the uwmer hereby agrees to assume all ?t.::.. of the veteran under the term of the instruments creating aitd securing the it=. The to indemnify the Department of Vetexms Affairs to the extent of any claim payment sn'iraF frt?tn ebc guaranty or insurance of tha indal"daess created by ibis instrument. -"N IF,'RJ 4 COVENANTS. Borrower and Lender fu tha covenant and agree as follows: 14. - c-celemdoo; Remed(n. Leader sham give modot to Borrower prior to acceleratlos tomowhtg ji arm-.> eS 4 are nch of any covenant or agreement to this Seci city Instrutretit (ban not prior to nctelerattno under Section 17 unless Applicable Law provider odmwisa). Leader sham notify v w t r o, woor ?, other things: (a) tins default; (b) the action required to con the dedmutt; (e) when «. ':: Wired; sad (d) that hib rs to cure the default as spsdikd may result in 2042 -i, of the surds secured by this Security lnshmnest, foreclosure by, Judicial proceeding and It o , , t ert-a. Lender sham farther (cribs Borrower of the tight to re"te after accelaraton a? -rt In the foreclosure proceeding the non-existence of n dellpsh or any other defense r cradon and fareelasuaa If the default Is not cared as speimnsh Leader at lb r.o1, c tmmedlab payment in fans of all orris sewred by tab Se Mty Instramad without n may foreclose this Security Lutruniam by Judicial pro4esding. Lender shall be ,r par ses Incurred to pursuing the remedles provided In this Section A Including, cy?; fees and costs of d& conferee to the extent permitted by Applicable Law. on payment of all suns secured by this Security lastrunken . this Security Instrument o c{s' shall terminate and beoome void. After strait occurrence. Leader shall discharge and j s'? `r es ,i cc Via) Tn$"MeLlt. Borrower shop pay say tooardat m ems & Lender may charge Borrower a fee +rity Instrument. but only if tie fee is paid to a third party for services tendered and the -sluiced under Applicable Law. r,.,weer, to the extent permitted by Applicable Law, waives and releases any error or ::v enforce this Security lasataneay and hereby waives the benefit of any present or -„up e{lawrc p av oiL Yg f or stay of executoo. extension of time. exemption from auschmenl, levy and sale, snd hoc>,cstead exemption. ?7 20Y.-,Auuzatent Pa1od. Bexrowees lima to reinstate provided in Section ltd shall extend to one o -oinroencemett of bidding at a dwriff's sale or otter sale pursand to this Security K, Purchiae Money Mortgage. If any of the debt secured by this Security Instrument is tent to kx-t •v:c acquire title to the Property. this Security Instrument shall be a Michelle motley mortgage. 29, Interest Rate After Judgment. Renewer agrees that the intent rata ppa?yable alter a ' t is on the Notc or in an action of mortgage foreclosre shag be the rate payabl'c Ruin time to time under the Note - r ;'-•.:? t i„% iNL4--Simla Firmly-49WOttM WSTRIjklm .^>:zrsrruirryprt}-aBbs (Par130flipas") bd4?iat•am3xFpmmhsxK?»etui B SIGNING BELOW. Borrower accepts and agrees to the terms and cogeaamts contained is pages of shi s Security Instrument and in any Rider executed by Borrower mad recorded with it. :v-'`-?- ,. (seat) (sue Po"A 1? 9l1ogwworth Jr Karla 111h9swoM B0°OMR - (Sew) O -9onowim -8ormwer VYtiNi YLYKNIA-Single Fady-UNIFORM MTRUM ENT -?vz**?;ro>er-+?eas (I4N)ty/lsPalo) rraaraet-roosraworeswm1u1 ¦ Siwz of PENNSYLVANIA I n 1.7 or/ «'th day of February 2004 . before me, the undersigned offices, personally appeared Paul E I0ingsworth Jr, ? ,;.?•;rtc- f4ilnr?s?rr+°trti y,l. factordy proved) to be the person(a) wbom sta nc(s) ARE ' t , c him instrument and aclroowledged that THEY executed the same for the purposes zEREOF. I hereunto set my baud and official seal. 6 rsAt.ttt n'• Pa?N.;iYL? rub forrza Anrk tUp"cNotae Public tay }Ny eom??? psodauon d t+esrrs Gateway Funding Diverellied Mortgage Services L.P. 300 Welsh Road, Bu0ding b Horsham. PENNSYLVANIA 19044 a t-- si to F"Y__uNWORD1IIqML%E Nr RFA nialigi ¢r, to oca ! (Pala )SoJISya;stj pwe?rt+tx•rad76tos1mr VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER ` fflS LOAN IS NOT ASSUMABLE WITHOUT 4:`m L AINE OVAL OF THE DEPARTMENT OF VETERANS AJTAIRS OR. ITS AUTHORIZED AGENT. ,i3 ? ` ,rl'EED LOAN AND ASSUMPTION POLICY IS MADE this 27th day of raar5?ers . and is incorporated into and shall be deemed to amend . ' tgage, Deed of Test or Decd to Secure Debt (bereiA "Security Instrument') dated iven by the undersigned (herein'Torrower") to secure Borrower's Note to fltWerslHed Mortgage Services L.P. r t =? -An find covering the Property described in the Security Instrument and located at 5155 East Trlndle Road Mecbanimburg, Pennsylvanls 17050 Wmitie"Ad&ml ,',t; ij?_AT<fITFEI) LOAN COVENANT: In addition to the covenants and agreements made in the I.,11, Il Thrower and Lender further covenant and agree as follows: s c. edr,.;, secured hereby be guaranteed or insured tinder Title 38, United States Code, such i Thereunder and in effect on the date hereof shall govem the rights, duties and t e.nder. Any provisions of the Security Insuwnent or other instruments laid indebtedness which are inconsistent with said Title or Regulations, to, the provision for payment of any sum in cmtn6cdon with prepayment of the xd the provision that the Lender may accelerate payment of the secured t;;.:.,, :.m to Covenant 17 of the Security Instrument, are hereby amended or negated to the ax, r „ t:forrn such instruments to said Title or Regulations. ,A 1F C-4A1tG: At Lender's option. Borrower will pay a "late charge" not exceeding four per centum 4%a of the overdue payment when paid morns than fifteen (15) days after the} due date thereof to cover the extra, A xrxr' =r Mvr?ved in handling delinquent payments, box sncb 'last chnirgd' shall not be payable out gale made to satisfy the indebtedness secured hereby, unless such proceeds are rte entire indebtedness and all proper costs and expenses secured hereby. il. ARAN' T : Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full t%nt;;u nr within 60 days from the date that this loan would normally become eligible for such guaranty -'U' iVnirec:`: upon by the Department of Veterans Affairs under the provisions of Title 38 of the U. S. Code 4 ett.raos Renefirs", the Mortgagee may declare the indebtedness hereby st4ured at once due and payable i tits to`Y.close immediately or may exercise any other rights hereunder or take any other proper action ;A ULTISTATE VA GUARANTEED IRAN AND ASSUMPTION POLICY RIDER Page 1 ol2 - e. g.?, 4 1) - 6 1R, ,-NSFHR GP THE PROPERTY: This loan may be declared immediately due and payable upon ref the pn)pcrty securing such loan to any transferee, unless the acceptabilitY of the assumption of the 1, :st sf:licked pursuant to Section 3714 of Chapter 37. Title 38. Unified States Code. '4r2 uatcn..:--d transfer cassumption') of the property shall also be subject to additional covenants and rgreu'ments as set forth below: YDING FEE A fee equal to one-half of 1 pateent (.5096) of the balance of this is K A transfer of the property shall be payable at the time of transfer to the loan holder or <.r ceu a ii',, as trustee for the Department of Veterans Affairs. if * assumer fails to pay this fee ! -time of transfer, the fee shall constitute an additional debt to that aheady secured by this instrument, : 6 at she rate herein provided, and, at the option of the payee of the indebtedness hereby t thereof, shall be immediately due and payable. This fee is automatically waived under the provisions of 38 U.S.C. 3729 (c). ?. ,. $,gING t3iARGE Upon application for approval to allow assumption of this r>r c, sr;q, ate may be charged by rho loan holder or its authorized agent for determining the of assurna and subsequently revising the holder's ownership records when an f. r , 0,11pleted. The amount of this charge shall not exceed the maximum established by Wlerans Affairs for a loan to which Section 3714 of Chapter 37, Tide 38. United F'a r_ w;' :NINITY L!!?9ILrlY_: if this obligation is assuroed. then the assumer hereby o,' a obligations of the veteran under the terms of the instruments creating and aid Lt y , '';,r assutm further agrees to indemnify the Department of Veterans Affairs to the ,.a;. ment arising from the guaranty or insurance of the indebtedness created by this al'. Borrower(s) has executed this VA Guaranteed Loan and Assumption Policy °tow vangewvorth Jr -Borrower vt? 31G? Karla 1111"SIN Borrower -Borrower Papxorz EXHIBIT Al 3-7a5-3 .6. ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that Mortgage Electronic Registration Systems Inc as a nominee for Gateway Funding Diversifed Mortgage Services L.P. hereinafter Assignor the holder ofthe Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by Washington Mutual Bank F.A., "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 Paul E. Illingsworth Jr and Karla Illingsworth to Mortgage Electronic Registration Systems Inc as a nominee for Gateway Funding Diversified Mortgage Services L.P., bearing the date 02/27/04, in the amount of 5125,600.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 03/02/04 in the County of Cumberland, Commonwealth of Pennsylvania, in Mortgage Book 1865 Page 3493,. Being Known as Premises: 5155 East Trindle Rd, Mechanicsburg, PA 17050 Parcel No: 10-22-0525-010 ?3UM 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, Clain and Demand, in and to the same: TO HAVE, HOLD, RECEIVP,.AND 'FAKE, 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 Assignor has caused its C pomte S al to be herein affixed and these presents to be duty executed by its proper officers this day of _.f a oC'Morliage Electronic Registration Systems Inc as a nominee for Gateway Funding Diversifed Mortgage Services L.P. Sealed and Delivered in the presence of us; B}r Rick Wilken,Vice President Attest. State of MINNESOTA CHRIS ANDERSON, VP ss. County of DAKOTA On this _G day of , 20ti? before me, the subscriber, personally appeared Rick Wilken , who ackno edged him/herselfto be the Vice President of Mortgage Electronic Registration Systems Inc as a nominee for Gateway Funding Diversifed Mortgage Services L.P., and that helshe, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained IN WITNESS WHEREOF, I hereunto set my hand and official seal. Stamp/Seal: BETHANY ADH Notary lic NOTARY PUBLIC MY COMMEXPIRES JAThe precise address of the After recording return to: within named Assignee is: Phelan, Hallinan and Schmieg LLP 11200 West Parkland One Penn Center Mil ke , Wl 224 1617 J.F.K. Blvd., Ste-1400 8/7/06 JAC B . Philadelphia, PA 19103-1814 Document Request or A g cc) 0631813003 BK073 i PGO509 Co w _ r cp :a -•a Cf N Q -n Tf }-+ M r n © a ?*? M `= :x1 Land Services of PA 400 Fellowship Road, Suite 250 Mt± Laurel, NJ 08054 (856) 793-3200 Fax (856) 793-3201 RECORD OWNER AND LIEN CERTIFICATE Issue Date: 06/08/2006 Effective Date: RD 05126/2006 . OJS/PRO 05/26/2006 ;.r:hcr: LTS91621PA49868 WASHINGTON MU'T'UAL BANK 136251 rf ('.:nist-s 5155 East Trindle Road, Mechanicsburg, PA 17050 Hampden Township Cumberland County Pennsylvania f aso ; , :ufi the examination of evidence in the appropriate public records, Company certifies that the rr rs, Jorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set Certificate does not constitute title insurance; liability hereunder is assumed by the t , ke.ly in its capacity as an abstractor for its negligence, mistakes or omissions in a sum no € xfwe?-,d Two Thousand Dollars. ,''i, , 0 I A'r CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Roy M. - jar,,,ii,, dated June 21, 1971, as follows, to wit: FiFUfNNING at a point on the Northern line ofTrindle Road, which point is 2904 feet West of Spatting Hill Road; thence along Trindle Road South 65 degrees West 73 feet to the line of lands N/F of Lilliam R. Kerrigan; thence along same North 27 degrees West 180 feet to a point; thence North 65 degrees East 73 (erroneously stated as "7e" in preceding deed) feet to a point; thence South 25 degs s-es East 180 feet to the point of BEGINNING. H Alv'ING "THEREON ERECTED a one and one-half story brick dwelling numbered 5155 Trindle Road. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights of way and/or conditions of record. BEING THE SAME PREMISES which Evelio DeBien and Esperanza DeBien, his wife, granted and conveyed by deed dated September 12, 1994, unto Bruce Dieter, the Grantor herein, and recorded on BKO73 I PG0510 ACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE )r,,'1vr N umber:LTS9162 `?C, vice r, WASH WGTON MUTUAL BANK :Pe3t Number: 136251 September 15, 1994, in the Office of the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, to Book 111, Page 1015. i_ *(_H,WENTIFICATION N : 10-22-0525-010 [ Certify this to be recorded III Cumberland County PA i' U; 1-1 C ds EXHBT B SCHMIEG, LLP i ;A,Y R FN ;E I' PfIELAN, ESQ., Id. No. 32227 FRA NCIS S. PA i-I-1NAN, ESQ., Id. No. 62695 0 `, °rv; P €? N N (-X',N-rEER PLAZA, SUITE 1400 Pl!i: PHII .PA 19103 :11 136751 4 A,., L iota+::'A"s 4 1 MUTUAL BANK, F.A. Jaft' ?w,-,; f,AKKLAND AVE. °;` ?T as;i°1??, t+ 53224 Plaintiff INGSWORTE, JR. i `.I A LI.NGSWORTH ILVIA 1t ,4DLE ROAD. . PA _ 17950 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6L CUMBERLAND COUNTY CIVIL ACTION LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE N rr ?, . rY ? r; f a m C? z q - O mod - ,I,on sued m court. If you wish to defend against the claims set forth in the following s CaKC action within twenty (20) days after this complaint and notice are served, by ;;r wtaten appearance personally or by attorney and filing in writing with the court your defenses a Jbj, - (Orvs w the claims set forth against you. You are wamed that if you fail to do so the case may rn,xce d wAhout you and a judgment may be entered against you by the court without further notice for ?,n.,y .rxr;c y c I.airned in the complaint -or for any other claim or relief requested by the plaintiff. You may apse fns>ney of property or other.. rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A UMY FF, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU r 0 OR, Iv1ATION ABOUT HIRING A LAWYER 1F 'fOU 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 M. We hereby certify the within to be a true and, correct copy of the Oft, nal filed of record PHELAN Lawyer Referral Service Cumberland County Bar Association 32 South Belford Street Carlisle, PA 17013 (800)990-9108 4 File #-. 136251 I NAN & SCHMIEG, LLP ' e PHELAN, ESQ., Id. No. 32227 `€ -A NCIS S. HALLINAN, ESQ., Id. No. 62695 o- , ?, 11 0 1.!141 4-: TER PLAZA, SUITE 1400 P11; It, A4)ELT111A, PA 19103 '21 ),J 6'3 -7.000 136251 x I: ` MUTUAL BANK, F.A. F A RKLAND AVE. 53224 Plaintiff tiJ,oNGSWORTI JR. t-`f . tv' O.LINGSWORTH I. , s,LI NGSWORTH "I SlIXIA A-'-;I .t `f e INDLE ROAD. "'If : `RI ?P--G, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL. ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE ve been sued in court. If you wish to defend against the claims set forth in the following take action within twenty (20) days after this complaint and notice are served, by " ,'Ale 0 appearance personally or by attorney and filing in writing with the court your defenses ijbjections to the claims set forth against you. You are warned that if you fail to do so the case may t < Fcee i without you and a judgment may be entered against you by the court without further notice for noq,; r claimed in the complaint 'or for any other claim or relief requested by the plaintiff. You may or property or other rights important to you. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO.NOT HAVE A .AWYFR, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU ATI TH INFORMATION ABOUT HIRING A LAWYER. ;1 YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE `rYO WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE 'FR.SUNS AT A REDUCED FEE OR NO FEE. We hereby certify the withi 1 ial be a true and correct copy of the origitial fiW of nod PH RAN Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 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 FORA 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 #. 136251 110,It :s 10r .A SHINGTON MUTUAL BANK, F.A. 3100 WEST PARKLAND AVE. NIAIi: ,''MJKEE, WI 53224 g rw n, . t-;(s) and last known address(es) of the Defendant(s) are: f1.LINGSWORTH, JR V fI, M. ILLINGSWORTH frkV. .'- NL ILLINGSWORTH /!.!K-'A K_ARLA M. SILVIA l "I: RINDLE ROAD -!ICSBURG, PA 17050 a the mortgagor(s) and real owner(s) of the property hereinafter described. zw 6'./27/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises Oscribed to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS `OR GATEWAY FUNDING DIVERSIFIED MORTGAGE which mortgage is ? f o : ' w Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1865, °LAINTIFF is now the legal owner of the mortgage and is in the process of m) g an assignment of same. ;: ; -cu ik s subject to said mortgage is described as attached. 5 ' ,o:tlage is in default because monthly payments of principal and interest upon said ,xoe due 12/01/2005 and each month thereafter are due and unpaid, and by the terms of said ige, upon failure of mortgagor to make such payments after a date specified by written _ olicc seat to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. ? 4. e.36251 6. The following amounts are due on the mortgage: Principal Balance $122,783.29 Interest 4,446.00 11/01/2005 through 06113/2006 (Per Diem $19.76) Attorney's Fees 850.00 Cumulative Late Charges 267AS 02/27/2004 to 06/13/2006 Cost of Suit and Title Search 750.00 Subtotal $ 129,096.77 a wrow Credit 0.00 Deficit 199.82 ubtotal 199.82 TOTAL $ 129,29659 fees set forth above are in conformity with the mortgage-documents and law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If 4 is reinstated prior.to the Sale, reasonable attorney's fees will be charged. intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as the mortgage document, as applicable, have been sent to the Defendant(s) on the forth thereon, and the temporary stay as provided by said notice has terminated because j .1al,nt(.s) has/have failed to meet with the Plaintiff or an authorized consumer credit ?:}. agency, or has/have been denied assistance by the Pennsylvania Housing Finance h io,, ? iouon does not come under Act 6 of 1974 because the original mortgage amount exceeds 4?fiU.i)00. 'Wf 1 t=; lC l• KME, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ <` .:?96,59, together with interest from 06/113/2006 at the rate of $19.76 per diem to the date of f udPinent, and other costs and charges collectible under the mortgage and for the foreclosure and sale of agc d property. PHELAN HALLINAN & SCBMIEG, LLP By: _ /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff brie #. 136251 LEGAL DESCRIPTION ALL i HA-i a i tt F l ; ;)ice;?. or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more parti,:, lr3riv !?uu icd &,,d described in accordance with a survey of Roy M. Benjamin, dated June 21, 1971, as follows, to wit. BE(: i , :1' • ,)v it, on the Northern line of Trindle Road, which point is 2904 feet West of Sporting Hill Road; thence aloe} = Ti t -> ` 65 degrees West 73 feet to the line of lands N/F of Lilliam R. Kerrigan; thence along same No l ;i feet to a point; thence North 65 degrees East 73 (erroneously stated as '7e' in preceding deed) fet r?, ?,, ? ? ? ?, ?tfth 25 degrees East 180 feet to the point of BEGDUgING. 1 =..( !'ED a one and one-half story brick dwelling numbered 5155 Trindle Road. L r :i k a" S i J ro. 1, NEVERTHELESS, to all restrictions, easements, rights of way and/or conditions of record. R R ',S ES which Evelio DeBien and Esperanza DeBien, his wife, granted and conveyed by deed dace . c =ts ° < ;'.', unto Bruce Dieter, the Grantor herein, and recorded on September 15, 1994, in the Office of t "a=? 7i -'md for Cumberland County, Pennsylvania, to Book 111, Page 1015. File = ' :?e,251 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAIN'T'IFF 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 unswom falsification to authorities. 3?l1r°. FRANCIS S: HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Y i ©1KJ Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of I APRA 1-2008 05:42:19 < Last Name First/Middle Begin Date Active Duty Status Service/Agency SILVIA KARLA AUG 27-1996 Active Duty Army Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 14 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/fag./pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BMKUITKTTQT https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/11/2008 P HELAN HALLINAN & S CHMIEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3459 Email: michele.bradford@fedphe.com ienine.daveyna fedphe com Bradford, Esquire K Davey, Esquire Representing Lenders in Pennsylvania & New Jersey i?, 5 6. ?i?(1$ .. worth, Jr. "'. ?gsworth E rindle Road PA 17050 x Eton Mutual Bank, F.A. vs. Paul E. Illingsworth, Jr., a/k/a Paul M. i=s worth and Karla M. Illingsworth, a/k/a Karla M. Silvia 6n.riberland County CCP, No. 06-3374 Civil Term Illingsworth, Jr. and Karla M. Illingsworth, 1= <x i f used please find a true and correct copy of my proposed Motion to } p7 ol: a)rder. In accordance with Cumberland County Local Rule 208.3(9 , ? zrx C:'rx?r y+2w concurrence with the requested relief that is, appointing counsel for Karla NI. " .i.P1? 1. "Vorth, a/k/a Karla M. Silvia. Please respond to me by Tuesday, June 24, 2008. S; iould you have further questions or concerns, please do not hesitate to contact i Ele. ?tl; r :, ise, please be guided accordingly. dry tmhr yours, 14che e . rad ord, Esquire R-line R. Davey, Esquire I'or Phelan Hallinan & Schmieg, LLP PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3459 Email: michele.bradford@fedphe.com jenine.davey@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Jenine R. Davey, Esquire Pennsylvania & New Jersey June 16, 2008 Paul E. Illingsworth, Jr. Karla M. Illingsworth 538 South Mechanic Street Carthage, NY 13619 t f Washington Mutual Bank, F.A. vs. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth and Karla M. Illingsworth, a/k/a Karla M. Silvia Cumberland County CCP, No. 06-3374 Civil Term Dear Paul E. Illingsworth, Jr. and Karla M. Illingsworth, Enclosed please find a true and correct copy of my proposed Motion to Appoint Counsel and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, appointing counsel for Karla M. Illingsworth, a/k/a Karla M. Silvia. Please respond to me by Tuesday, June 24, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, rd, squire 4JhineTR.Davey, Es uire For Phelan Hallinan & Schmieg, LLP ii 'i r. ii i! ?i t !? ? A f ^ ? 1 if ': co o _ P• 1 n w _ - N yL?S d } c' y E3 1 ? a ? 5 o B o y? p v i ? ;y U'Q A w N p ?o 00 J G? to A w N r+ N i ? N ? C I C i ?wxb ?N?b z m m m 00 U ao m I ? m a ° '1 t?J trl m t? ? j ? ? ? nor 7 ?. h ^ Z = IQ r -1 W f (IQ n Q °y - °y O w ? c a c A. } S ? v to A CL C A y 0 A eD a eb I l f y y j 1 f to ° m rr ?a5 ` ? .;° ? ?? vn?xr aovrEs 02 1M $ 02.20° 0004218010 JUN 1$ 2008 MAILED FROM ZIPCODE 18103 0 >> f?C "at' rq d ? O [r1 n w ? A R (7 ?x r N .p O O VERIFICATION M. Bradford, Esquire/ Jenine R. Davey, Esquire, hereby states that she is the 't, =r ,, +':,r F'`.aintiff in this action, that she is authorized to make this verification, and that the .a M the foregoing Motion for Appointment of Counsel and Brief, are true and o Jw hest of her knowledge, information and belief. 0. ? +s!gned understands that this statement herein is made subject to the penalties of S ? 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP i ?_,t ray By. Mic le M. Bradf d, Esquire Jenine R. Davey, Esquire Attorneys for Plaintiff & SCHMIEG, LLP +fr.h Esquire, I.D. No. 69849 ?:juire, I.D. No. 87077 5 cite 1400 •dy Boulevard 0103-1814 j ual Bank, F.A. s nd Avenue %?4 Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 06-3374 Civil Term k i ings ovorth, Jr., r 'iiigsworth ??. ,v,orth, :. ?'?zlvia 1 .1 ,t I'rindle Road PA 17050 Defendants CERTIFICATION OF SERVICE I hereby certify true and correct copies of the Plaintiffs Motion for Appointment of olr Iisel and Memorandum of Law in support thereof were served by regular mail on Defendants ATTORNEY FOR PLAINTIFF cin the date listed below: gsworth, Jr. "Pingsworth j'x-i ndle Road ;.. =,.t ?= k ::;-G?rg, PA 17050 Paul E. Illingsworth, Jr. Karla M. Illingsworth 538 South Mechanic Street Carthage, NY 13619 PHELAN HALLINAN & SCHMIEG, LLP By: Mich M. Bradford, Esquire Jenin ' . Davey, Esquire Attorneys for Plaintiff EXHIBIT J UUH 16 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A. Court of Common Pleas 11200 West Parkland Avenue Milwaukee, WI 53224 Civil Division Plaintiff No. 06-3374 Civil Term VS. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants ORDER AND NOW, this day of? , 2008, upon consideration of Plaintiff's Motion for Appointment of Counsel for Defendant, Karla M. Illingsworth, a/k/a Karla M. Silvia, and Brief in support thereof, and any response thereto, it is hereby ORDERED AND DECREED that the Court appoints appropriate counsel as follows: M.,'CAA LI. IAI AA /eA . L&Q w' l V f'lingsworth, a/k/a Karla M. Silvia and to inquire into Defendant's military shall file a report within 30 days of the date of this Order as to what impact, if Iffllitary service has had on her ability to pay her mortgage and counsel's r t AND DECREED that Plaintiff shall pay counsel t t v1ti, upon appointed counsel's submission of an invoice to counsel for Y THE RT: J. :!?lcluire Y: suite 1400 a-o.,t)nedy Boulevard 9103-1814 I i ingsworth, Jr. Y1. 3ijing-north ,r, Ik road ::sue h _4rg. VA 17050 Paul E. Illingsworth, Jr. Karla M. Illingsworth 538 South Mechanic Street Carthage, NY 13619 'RUE COPY FROM RECORD 11) TOStz".2My whered, t two unto sm trey hand alai the a?;:a1 of vild Cowl at Carlisle, Pa a d X daft ?A"A ? EXHIBIT K \ i z :b_ al Bank, F.A. : IN THE COURT OF COMMON PLEAS OF ,i t }°? ?N,e j parkland Avenue :CUMBERLAND COUNTY, PENNSYLVANIA ,\,Vivaukee. WI 53224 Plaintiff ngsworth, Jr., a/k/a R e i ,lgsworth Aigsworth, a/k/a Silvia die Road Tr in -,?)urg, PA 17050 Defendants : Civil Action- Law 0 06-3374- Civil Term No . STATUS REPORT i undersigned counsel was appointed by the Honorable Edward E. Guido to inquire Defendant, Karla M. Illingsworth's military service and what impact, if any, i, military service has had on her ability to pay her mortgage obligation. Undersigned Counsel was able to locate a former in-law of Karla Illingsworth, a s . , Robert Illingsworth from New York. She indicated that it was her understanding wat Karla Illingsworth was serving one year of military duty in Iraq. However, she had sr ii.yrther information on Karla's whereabouts. a . 'T'he information provided by Defendant's former mother-law supports Plaintiff's Exhibit "C" from the Department of Defense indicating Karla Illingsworth is on active duty in the Army. 4. Plaintiff's attorney was contacted in late July via e-mail requesting additional information to help locate Defendant. 5. Unfortunately, the information provided by Plaintiff's firm did not help in locating Defendant. Undersigned Counsel left a voicemail on the cell phone number provided but did not receive a response. 6. Undersigned counsel attempted through various online military sites to determine Defendant's military service and/or location but was unsuccessful. 7. The Service Members Relief Act, 50 Appendix U.S.C.A. §501 et seq., provides that a plaintiff may not enter a default judgment against a defendant who is on active duty in the military. Specifically, in regards to Mortgage actions, Section 533 of the act provides that In an action filed during, or within 90 days after a service member's period of military service to enforce a mortgage obligation, the court may after a hearing and on its own motion and shall upon application by a service member when the service member's ability to comply with the obligation is materially affected by military service; (1) stay the proceedings for a period of time as justice and equity require, or (2) adjust the obligation to preserve the interests of all parties 9. Unfortunately, undersigned counsel was unable to directly speak to Defendant to determine whether or not her ability to pay her mortgage obligation has been materially affected by her military service. 10. Based on the above information, it is undersigned counsel's recommendation that this Honorable Court stay the proceedings for a period of time as justice and equity require. Respectfully submitted, Date:3-,,q,0-y P4,J L---? Michael I Whare, squire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Washington Mutual Bank, F.A. 11200 West Parkland Avenue Milwaukee, WI 53224 Plaintiff V. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action- Law : No. 06-3374- Civil Term CERTMCATE OF SERVICE I, Michael J. Whare, Esquire do hereby certify that I this day delivered a copy of the within Status Report upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jenne R. Davey, Esquire Phelan, Hallinan & Schmieg, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 Karla Illingsworth 5155 East Trindle Road Mechanicsburg, Pa 17050 Dated: uy Michael J. Whare, Esquire EXHIBIT L PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3459 Email: michele.bradfordkfedphe.com j enine. davey_@fedphe. com Michele M. Bradford, Esquire Jenine R. Davey, Esquire Representing Lenders in Pennsylvania & New Jersey October 27, 2008 Michael J. Whare, Esquire 37 East Pomfret Street Carlisle, PA 17013 RE: Washington Mutual Bank, F.A. v. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth and Karla M. Illingsworth, a/k/a Karla M. Silvia Cumberland County CCP, No. 06-3374 Civil Term Dear Mr. Whare, Enclosed please find a true and correct copy of my proposed Motion for Judgment and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, entering judgment against Karla M. Illingsworth, a/k/a Karla M. Silvia. Please respond to me by Monday, November 3, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very t y yours, Michel . Bradford, Es uire Jenine R. Davey, Esquire For Phelan Hallinan & Schmieg, LLP PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3459 Email: michele.bradford&fedphe.com j enine.daveykfedphe. com Michele M. Bradford, Esquire Jenine R. Davey, Esquire October 27, 2008 Karla M. Illingsworth 4187 Nantucket Drive Mechanicsburg, PA 17050 Representing Lenders in Pennsylvania & New Jersey RE: Washington Mutual Bank, F.A. v. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth and Karla M. Illingsworth, a/k/a Karla M. Silvia Cumberland County CCP, No. 06-3374 Civil Term Dear Karla M. Illingsworth, Enclosed please find a true and correct copy of my proposed Motion for Judgment and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, entering judgment against Karla M. Illingsworth, a/k/a Karla M. Silvia. Please respond to me by Monday, November 3, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V truly yours, M' el ra ford, squire Je me R. Davey, Esquire For Phelan Hallinan & Schmieg, LLP PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3459 edphe.com Email: michele.bradford@fedphe.com j enine . daveyk f`edphe. com Michele M. Bradford, Esquire Jenine R. Davey, Esquire October 27, 2008 Paul E. Illingsworth, Jr. Karla M. Illingsworth 5155 East Trindle Road Mechanicsburg, PA 17050 Representing Lenders in Pennsylvania & New Jersey RE: Washington Mutual Bank, F.A. v. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth and Karla M. Illingsworth, a/k/a Karla M. Silvia Cumberland County CCP, No. 06-3374 Civil Term Dear Paul E. Illingsworth, Jr. and Karla M. Illingsworth, Enclosed please find a true and correct copy of my proposed Motion for Judgment and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, entering judgment against Karla M. Illingsworth, a/k/a Karla M. Silvia. Please respond to me by Monday, November 3, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Vgy\truly yours, Miciele M. Bradford, Es 're Jenine R. Davey, Esquir For Phelan Hallinan & chmieg, LLP I, PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3459 Email: michele.bradfordgfedphe.com j enine.daveygfedphe.com Michele M. Bradford, Esquire Jenine R. Davey, Esquire October 27, 2008 Paul E. Illingsworth, Jr. Karla M. Illingsworth 538 South Mechanic Street Carthage, NY 13619 Representing Lenders in Pennsylvania & New Jersey RE: Washington Mutual Bank, F.A. v. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth and Karla M. Illingsworth, a/k/a Karla M. Silvia Cumberland County CCP, No. 06-3374 Civil Term Dear Paul E. Illingsworth, Jr. and Karla M. Illingsworth, Enclosed please find a true and correct copy of my proposed Motion for Judgment and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, entering judgment against Karla M. Illingsworth, a/k/a Karla M. Silvia. Please respond to me by Monday, November 3, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly yours, Mi ele M. Bradford, quire Jenine R. Davey, Esqu e For Phelan Hallinan & Schmieg, LLP C> 0 v .-a r? V W x u ?y `.0 Q as x z a r. 3 U a O .O C ? H ? L zd w 0 'a .E h Q W 111W Z 7 °?sti ESE w £0 L6 ? 300'3d%7- OO ?$?ZVOOO t ? ZO ? 0 G W Z SZl 0 0 9.s ? _ . S0?II? ? ?0 G "t? 5 . • ? ` ? ? C ® ' oG A7N?? I ? x y W O 'd C C d y C N •o 43 0 O N G N c y W v E E C„ o ? yF'? OUO G h ° E U h V 7 v ? u W ? 'O U .D O 6 L N 0 ? ? c o c w G o O O o - ? uu CC Up ? N N v1 ? a?i N ? E ,? 'DO$sa b y ;a ?}y c o a ? ? ?+ u v a> a? b o ti cc$ r- o b ?a Gaa ,? c cn Z)Al z Q .2 a c.. :. ° a? ow z o Ea C ?" CC w co oo w , Cn = a0 p = c? v W ' z 'v a? Z a•?? y ?v y c P.?- U " M U °z a L L' rl Iry p z L 3 N M V bA C. ? v L L W ? ? L N ? H C N ? . a zv 01 ?n ?O t? °O O? N M ° a f VERIFICATION 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 Judgment thereof, 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. Date: D Q By: 1.4'j 4A J, Je i e R. Davey, Esquir911 A orney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Court of Common Pleas 11200 West Parkland Avenue Milwaukee, WI 53224 Civil Division Plaintiff Cumberland County V. No. 06-3374 Civil Term Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff s Motion for Judgment and Brief in Support thereof, and Scheduling Order were served by regular mail on the interested parties on the date listed below: Paul E. Illingsworth, Jr. Karla M. Illingsworth 5155 East Trindle Road Mechanicsburg, PA 17050 Paul E. Illingsworth, Jr. Karla M. Illingsworth 538 South Mechanic Street Carthage, NY 13619 Karla M. Illingsworth 4187 Nantucket Drive Mechanicsburg, PA 17050 Date: 10 0P 716 Michael J. Whare, Esquire 37 East Pomfret Street Carlisle, PA 17013 By: ? Je e R. Davey, Esqu' e Attorney for Plaintiff ?. ?"°? k? ??< ??' za-" .; '?? ? ` 4 ?,L.- ?,- E"" ??? t1- ?.? ??? c`i A= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A. Court of Common Pleas 11200 West Parkland Avenue Milwaukee, WI 53224 Civil Division Plaintiff No. 06-3374 Civil Term V. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants 9 y ORDER AND NOW, this IA Aj day of .025LUMA.'4,2008, upon consideration of Plaintiff's Motion for Judgment T1-f---ant V-1 Aa nAi.._ ^ /! t.A&I/Ae. /`..s fc.Aiej&/f, anainst Defendant Karla M nlingeixh? 21/2 Karla &4 c'1 j _tj@ -- _ f$ nn j9 cn. ?ne interegt frnm Ii,nP 13 7M? at tha ,?to ,.f Q1 O 7? ,a:ori= t,. 02 A&L 4. S c lIAntuAd to, ad? 0 ? t 061 ?/yJ. vev d2rWe.&MA41A ow, W Iro L-6"f 40 Sheriff's foreclosure sale for the premises located at 5155 East Trindle Road Street, Mechanicsburg, PA 17050. B tTHE J. Jenine R. Davey, Esquire One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Michael J. Whare, Esquire 37 East Pomfret Street Carlisle, PA 17013 Paul E. Illingsworth, Jr. Karla M. Illingsworth 538 South Mechanic Street Carthage, NY 13619 Paul E. Illingsworth, Jr. Karla M. Illingsworth 5155 East Trindle Road Mechanicsburg, PA 17050 ?? x ?1y ?. ?` \? \, ?, ? ? Y 1 r:%' ?%?, O??L ?.:?? ` 3? .? ;r?,? ,? ?r -.i. t,?-. PHELAN HALLINAN & SCHMIEG, LLP Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Court of Common Pleas 11200 West Parkland Avenue Milwaukee, WI 53224 Civil Division Plaintiff V. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants : Cumberland County No. 06-3374 Civil Term CERTIFICATION OF SERVICE I hereby certify true and correct copies of the Court Order dated December 12, 2008 were served by regular mail on the interested parties on the date listed below: Paul E. Illingsworth, Jr. Paul E. Illingsworth, Jr. Karla M. Illingsworth Karla M. Illingsworth 5155 East Trindle Road 538 South Mechanic Street Mechanicsburg, PA 17050 Carthage, NY 13619 V Karla M. Illingsworth 4187 Nantucket Drive Mechanicsburg, PA 17050 Dater 1% 104 Michael J. Whare, Esquire 37 East Pomfret Street Carlisle, PA 17013 By: Jenine R. Davey, Esquire Attorney for Plaintiff Y`..? ?^+?? Y ?. i.? y ? J C`- ••-? k- `i^ (_. . K _ ? tV ., "%-} . ... tx -?" WASHINGTON MUTUAL BANK, F.A. Plaintiff VS. PAUL E. ILLINGSWORTH, JR., a/k/a PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH a/k/a KARLA M. SILVIA Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3374 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 for Summary Judgment on January 6, 2009 at 1:00 p.m. in Courtroom No. 3 of the Cumberland County Courthouse, Car;,O le, Pennsylvania. Date: December 30, 2008 ld?han f Supr our I.D. 87380 10 West High Street Carlisle, PA 17013 (717) 241-4436 CC: Jenine R. Davey, Esquire Paul E. Illingsworth, Jr. Karla M. Illingsworth Michael J. Whare, Esquire %R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A. Court of Common Pleas 11200 West Parkland Avenue Milwaukee, WI 53224 Civil Division Plaintiff : No. 06-3374 Civil Term V. Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants ORDER AND NOW, this day of , 2007, upon consideration of Plaintiff's Motion for Judgment against Defendant, Karla M. Illingsworth, a/k/a l?w ' Karla M. Silva, and .^ thereto, it is hereby: ORDERED AND DECREED that an in rem judgment is entered for the Plaintiff and against Defendant Karla M. Illingsworth, a/k/a Karla M. Silva, in the amount of $129,296.59 plus interest from June 13, 2006 at the rate of $19.76 per diem to allow the Plaintiff to proceed to e 4t:' Sheriff s foreclosure sale for the premises located at 5155 East Trindle Road Street, Mechanicsburg, PA 17050. nine R. Davey, Esquire One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Michael J. Whare, Esquire • ?c?ay 37 East Pomfret Street F1LSr,-Oz l? Carlisle, PA 17013 y ka4. k r, Gt?v C V ?sF - C?o?a y Paul E. Illingsworth, Jr. Karla M. Illingsworth 538 South Mechanic Street Carthage, NY 13619 E. Illingsworth, Jr. Karla M. Illingsworth 5155 East Trindle Road Mechanicsburg, PA 17050 (2-Of ES MZ ill. 1111,1Ug trr? L""j ?`3 " C ? ? ?"{ ?? ?C"i ? ?` Gl - ?? r3a_ -i?i _ _ - -_ .. ...,. .,? ? ? ? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R,C.P. 3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. PAUL E. ILLINGSWORTH, dR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA No. 06-3374 Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $129,296.59 Interest from 06/13/2006-06/10/2009 $21,617.44 and Costs (per diem -$19.76) TOTAL $150,914.03 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. 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. 136251 er o ?a o M ? cW.7 x H? U ?? WV a La? oz a o ?w .? a on> Wa ? ? zA a? z a ? ? ? xF ZOz a? w o W .a 42 E-4 x °' oz co z3 0t cnt- c x? w o W a r? .? CD 10 Od ¢a `,?''ij O 00 O r .? ? o00 ode ? _.. ?tk c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A. Court of Common Pleas 11200 West Parkland Avenue Milwaukee, WI 53224 Civil Division Plaintiff : No. 06-3374 Civil Term V. Paul E. Illingsworth, Jr., aWa Paul M. Illingsworth Karla M. Illingsworth, a/k/a Karla M. Silvia 5155 East Trindle Road Mechanicsburg, PA 17050 Defendants AND NOW, this ORDER day of , 200f upon consideration of Plaintiff's Motion for Judgment against Defendant, Karla M. Illingsworth, a/k/a kw Karla M. Silva, and thereto, it is hereby: , n ORDERED AND DECREED that an in rem judgment is entered for the Plaintiff and against Defendant Karla M. Illingsworth, a/k/a Karla M. Silva, in the amount of $129,296.59 plus interest from June 13, 2006 at the rate of $19.76 per diem to allow the Plaintiff to proceed to c Sheriffs foreclosure sale for the premises located at 5155 East Trindle Road Street, Mechanicsburg, PA 17050. Jenine R. Davey, Esquire One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Michael J. Whare, Esquire 37 East Pomfret Street Carlisle, PA 17013 BY e+flE CO J. Paul E. Illingsworth, Jr. Karla M. Illingsworth 538 South Mechanic Street Carthage, NY 13619 Paul E. Illingsworth, Jr. Karla M. Illingsworth 5155 East Trindle Road Mechanicsburg, PA 17050 TRUIE. COPY I' MEMO In Test aon ,,hear -ol, I here unto sat my, lod and the seal of said Court at Carlisle, Pa, This .......... , 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 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3374 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, ESQbfRE Attorney for Plaintiff i ) ?) ?:? _ -:1 f ? J.t (^ t i i1 ' _ :? l , fi`J ? 1 ? , " ? ? . . ', `r - WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3374 AFFIDAVIT PURSUANT TO RULE 3129.1 v. Plaintiff, PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ELLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA WASHINGTON MUTUAL BANK, F.A., 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 ,5155 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Last Known Address (if address cannot be reasonably ascertained, please indicate) 538 SOUTH MECHANIC STREET CARTHAGE, NY 13619 4187 NANTUCKET DRIVE MECHANICSBURG, PA 17050 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) PENNSYLVANIA STATE P.O. BOX 67013 EMPLOYEES CREDIT UNION HARRISBURG, PA 17106 5. Name and address of every other person who has any record lien on the property: I. -- .-?, 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 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 5155 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 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 KARLA M. ILLINGSWORTH C/O 37 E. POMFRET STREET MICHAEL WHARF, ESQ CARLISLE, PA 17013 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 unworn falsification to authorities. February 18, 2009 J)b" 0 SDATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff rv - CD ' _+. I ris WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Defendant(s). CUMBERLAND COUNTY No. 06-3374 February 18, 2009 TO: PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH 538 SOUTH MECHANIC STREET CARTHAGE, NY 13619 KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA 4187 NANTUCKET DRIVE MECHANICSBURG, PA 17050 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 5155 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 am. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,296.59 obtained by WASHINGTON MUTUAL BANK, F.A. (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 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 piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Roy M. Benjamin, dated June 21, 1971, as follows, to wit: BEGINNING at a point on the Northern line of Trindle Road, which point is 2904 feet West of Sporting Hill Road; thence along Trindle Road South 65 degrees West 73 feet to the line of lands N/F of Lilliam R. Kerrigan; thence along same North 27 degrees West 180 feet to a point; thence North 65 degrees East 73 (erroneously stated as "7e" in preceding deed) feet to a point; thence South 25 degrees East 180 feet to the point of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick dwelling numbered 5155 Trindle Road. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights of way and/or conditions of record. TITLE TO SAID PREMISES IS VESTED IN Paul E. Illingsworth, Jr. and Karla Illingsworth, husband and wife, as tenants by the entireties, by Deed from Bruce Dieter, single man, dated 02/19/2004, recorded 03/02/2004, in Deed Book 261, page 4567. PREMISES BEING: 5155 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050 PARCEL NO. 10-22-0525-010 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3374 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From PAUL E. ILLINGSWORTH, JR, a/k/a PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH, a/k/a KARLA M. SILVIA (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 $129,296.59 L.L. $.50 Interest from 6/13/06 - 6/10/09 (per diem - $19.76) - $21,617.44 and Costs Atty's Comm % Arty Paid $208.21 Plaintiff Paid Date: 2/20/09 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Curtis R. orothonot y By: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A Plaintiff V. PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M Court of Common Pleas Civil Division CUMBERLAND County No. 06-3374 SILVIA Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 14, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 8, 2006 in the amount of $130,383.39. 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. The Property is listed for Sheriff s Sale on June 10, 2009. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $122,783.29 Interest Through June 10, 2009 $26,029.58 Per Diem $19.76 Late Charges $505.24 Legal fees $3,275.00 Cost of Suit and Title $2,325.20 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $780.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $7,611.28 TOTAL $163,309.59 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as 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 3, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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 "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. Phelan Hallinan & Schmieg, LLP DATE: l 3 r ° f By: FR Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff V. PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. Court of Common Pleas Civil Division CUMBERLAND County No. 06-3374 SILVIA Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH and KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA 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 5155 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the 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 Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 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. v. Mowl, 705.&.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A. 2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. 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 Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 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 Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. 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, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 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. Phelan Hallinan & Schmieg, LLP l By; c"??-rte DATE: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHIvMG, 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 136251 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILUINGSWORTH KARLA M. ILLINGSWORTH: A/K/A KARLA M.. SILVIA 5155 EAST. TRINDLE ROAD. MECHANICSBURG, PA ,17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF (:OMMON PLEAS CIVIL DIVISION TERM NO. 6L - 33'7 Y CUMBERLAND COUNTY CIVII. ACTION : LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE C? r r.-- ? C'__ N C" C) 0 =o C -'rr r? ?m 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 lb: entered against you by the court without further notice for any. mono. claimed in ft 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 THUS 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 FARE 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 certify the within to be a true and correct copy of the lei OW of record PHELAN Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990.9108 "tie File #: 136251 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 #: 136251 Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 The name(s) and last known address(es) of the Defendant(s) are: PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M.ILLINGSWORTH A/K/A KARLA M. SILVIA 5155 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/27/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter: described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GATEWAY FUNDING DIVERSIFIED MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1865, Page: 3493. 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 12/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 136251 6. The following amounts are due on the mortgage: Principal Balance $122,783.29 Interest 4,446.00 11/01/2005 through 06/13/2006 (Per Diem $19.76) Attorney's Fees 850.00 Cumulative Late Charges 267.48 02/27/2004 to 06/13/2006 Cost of Suit and Title Search $750.00 Subtotal $ 129,096.77 Escrow Credit 0.00 Deficit 199.82 Subtotal 199.82 TOTAL' $ 129,296.59 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 $ 129,296.59, together with interest from 06/13/2006 at the rate of $19.76 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 Hj ALLINAN & SCM&EEG, LLP By: /sftmeis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 136251 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Roy M. Benjamin, dated June 21, 1971, as follows, to wit: BEGINNING at a point on the Northern line of Trindle Road, which point is 2904 feet 'West of Sporting Hill Road; thence along Trindle Road South 65 degrees West 73 feet to the line of lands N/F of Lilliam R. Kerrigan; thence along same North 27 degrees West 180 feet to a point; thence North 65 degrees East 73 (erroneously stated as '7e' in preceding deed) feet to a point; thence South 25 degrees East 180 feet to the point of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick dwelling numbered 5155 Trindle Road. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights of way and/or conditions of record. BEING THE SAME PREMISES which Evelio DeBien and Esperanza DeBien, his wife, granted and conveyed by deed dated September 12, 1994, unto Bruce Dieter, the Grantor herein;. and recorded on September 15, 1994, in the Office of the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, to Book 11. 1, Page 1015. PARCEL NO. 10-22-0525-010 File #: 136251 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAR nw 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. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 1 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. 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 f215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff, V. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA SILVIA Defendannt(s). PRAECIPE FOR IN ATT ORIVEYFILE " PL a o CUMBERLAND COUN ° o COURT OF COMMON ASS CIVIL DIVISION co NO. 06-3374 ? . ?? '. ?? N m ATTOR ? F 1 Pi,EAN WM 'F `.a} JUDGMENT FOR FAILURE TO TO THE PROTHONOTARY: Kindly enter an in rem judgment in of the Plaintiff and against PAUL E. AXIA KARLA M. SILVIA, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclos "and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 6/14/06 to 8/8%06 TOTAL $129,296.59 Fla $1,086.80 oEtI30k $130,383.39 I hereby certify that (l) the addresses (2) that notice has been given in accordance e Plaintiff and Defendant(s) are as shown above, and Rule 237. 1, sgpy attached. 15ANIE . SCHMIEG, Attorney br Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE: d00 b !ATED PRO PROTHY 136251 Exhibit "C" L a ' v, ? w N O ? CD C/7 a y y 3 fb a. N N N z f11 ? C C .1 "C ?r r a d O b z y z ? c c x C) ?9 y? ?o ., o O x °Y o o x Y O z c? b O O 7 P. B m ? ?. . 0 y 3 M O = ? M O 5.0 cr y y = v o ? ? O X 2 ? y F ?gTNEY gpy?s • 02',"' 01 000 100 4218010 APR0 MAILED FROM ZIP CODE 7 12009 9103 SN.= 0 9 ». 5 0 0 ? o - cCP?`"' `a?q? 5 1 ?? PITNEY BOVI/ES 02 1M 01.10 0004218010 APR07 2009 MAILED FROM ZIP CODE 19 103 a? A A y y ? a ?r tY ?z C) r c 0 0 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. ZY Phelan Hallinan & Schmieg, LLP 3 By: '-?Z77? DATE: Michele M. Bradford, Esquire 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 WASHINGTON MUTUAL BANK, F.A. Plaintiff Court of Common Pleas Civil Division V. PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Defendants CUMBERLAND County No. 06-3374 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. PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH 538 SOUTH MECHANIC STREET CARTHAGE, NY 13619 5155 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 DATE: Ire /? /17 Phelan Hallinan & Schmieg, LLP By: Michele 'M. Bradford, Esquire Attorney for Plaintiff FILED-0 t -'!I OF Tic F'K F nN#OTA.RY 2009 APR 13 AM 9: 4 4 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division V. : CUMBERLAND County PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH No. 06-3374 KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Defendants PLAINTIFF'S AMENDED 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 14, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 8, 2006 in the amount of $130,383.39. 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 10, 2009. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $122,783.29 Interest Through June 10, 2009 $26,029.58 Per Diem $19.76 Late Charges $505.24 Legal fees $3,275.00 Cost of Suit and Title $2,325.20 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $780.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $7,611.28 TOTAL $163,309.59 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as 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 3, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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 "C". 10. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge Guido entered an Order dated January 6, 2009.. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. hela allin & Sc ieg, LLP DATE: IA-lAa By: i e M. Bradford squire 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 WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff V. PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Defendants Civil Division CUMBERLAND County No. 06-3374 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Amended Motion to Reassess Damages was sent to the following indi PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA 5155 EAST TRINDLE ROAD viduals on the date indicated below. PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH 538 SOUTH MECHANIC STREET CARTHAGE, NY 13619 MECHANICSBURG, PA 17050 i P DATE: 1141,11 By: #dVe M. Bradford, s re Attorney for Plaintiff F ICE 009 MAY 1 5 P?'i ?2: 12 C! Wv APR 14 20000 WASHING V. PAUL E. IL: A/K/A PAU E. ILLINGS KARLA ILI A/K/A KAR KARLA M. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MUTUAL BANK, F.A. Plaintiff NGSWORTH, JR M. ILLINGSWORTH A/K/A PAUL 'ORTH„ JR. vGSWORTH A M. ILLINGSWORTH A/K/A [LVIA Court of Common Pleas Civil Division CUMBERLAND County No. 06-3374 Defendants AND NO to show cai Damages. Rule Rett Courtroom c RULE this ?04 day of 009, a Rule is entered upon the Defendants e why an Order should not be entered granting Plaintiff's Motion to Reassess -r w'" A. M. cable on the day of 2009, at in the Main the Cumberland County Courthouse, Carlisle, Penns BY T T J. n . All ? 0 C ?t?4? r 'y 4r? ?Michele M. Br dford, Esquire Phelan Hallin & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PIA 19103 TEL: (215) 56 -7000 FAX: (215) 503-3459 ,"-'PAUL E. IL INGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH KARLA M. LLINGSWORTH A/K/A KARLA M. ILVIA 5155 EAST RINDLE ROAD MECHANI SBURG, PA 17050 Cz> P its rnaLLL s'I 2. 0 o? --'PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH 538 SOUTH MECHANIC STREET CARTHAGE, NY 13619 136251 • 4 WASHINGTON MUTUAL BANK, F.A. VS. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 06-3374 KARLA .ILLINGSWORTH A/K/A ICkRLA M. SILVIA AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The unde signed attorney hereby verify as follows: A required by Pa. R.C.P. 3129.1(a), Notice of Sale has been given to all known Lienhold rs and any known interested party in the manner required by Pa. R.C.P. 3129.1(c) on each oft the persons or parties named, at that address set forth on the Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Recei t stamped by the U.S. Postal Service is attached hereto as Exhibit "A". DATE: <1 ?-To r == ?. By: 1. Lawrence 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 I. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS PAUL E. ILLINGS ORTH, JR. CIVIL DIVISION A/K/A PAUL M. IL INGSWORTH NO. 06-3374 KARLA M. ILLING WORTH A/K/A KARLA M. S LVIA Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WASHINGTON IV. TUAL BANK F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQU tE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following informati n concerning the real property located at 5155 EAST TRINDLE ROAD, 1. Name and address of Owner(s) or reputed Owner(s): Name PAUL E. ILLING WORTH, JR. A/K/A PAUL M. I LINGSWORTH KARLA M. ILLI GSWORTH A/K/A KARLA M SILVIA Last Known Address (if address cannot be reasonably ascertained, please indicate) 538 SOUTH MECHANIC STREET CARTHAGE, NY 13619 4187 NANTUCKET DRIVE MECHANICSBURG, PA 17050 2. Name and addre s of Defendant(s) in the judgment: Same as above 3. Name and last lulown 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 ad Name PENNSYLVAI EMPLOYEES 5. Name and ac Name None s of last recorded holder of every mortgage of record: Last Known Address (if address cannot be reasonably ascertained, please indicate) STATE P.O. BOX 67013 EDIT UNION HARRISBURG, PA 17106 s of every other person who has any record lien on the property: 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 affedted by the sale. Name None 7. Name and addre the property which Name Tenant/Occupant Domestic Relation Commonwealth o. Department of Wi Commonwealth o Bureau of Individ Inheritance Tax I Internal Revenue Federated Invests Department of Pu TPL Casualty Un Estate Recovery I KARLA M. ILLIN MICHAEL WHAA TOWNSHIP OF HA] SNELBAKER & BR] Attn: KEITH O. BRF I verify tha knowledge or info penalties of 18 Pa. March 25. 2009 DATE Last Known Address (if address cannot be reasonably ascertained, please indicate) of every other person of whom the plaintiff has knowledge who has any interest in ay be affected by the sale: Last Known Address (if address cannot be reasonably ascertained, please indicate) 5155 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 of Cumberland County 13 North Hanover Street Carlisle, PA 17013 nusylvania PO Box 2675 re Harrisburg, PA 17105 nnsylvania 6th Floor, Strawberry Sq., Dept. 28061 Tax Harrisburg, PA 17128 rvice 13`h Floor, Suite 1300 Tower 1001 Liberty Avenue Pittsburgh, PA 15222 c Welfare P.O. Box 8486 Willow Oak Building gram Harrisburg, PA 17105 WORTH C/O 37 E. POMFRET STREET ESQ CARLISLE, PA 17013 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 P.C. 44 W. MAIN ST. Esq. P.O. BOX 318 MECHANICSBURG, PA 17055-6249 the statements made in this affidavit are true and correct to the best of my personal nation and belief. I understand that false ents ere a made subject to the S.A. § 4904 relating to unsworn falsifica n to authorities. y DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff w £0 L6 l 3000dlZ WOa3 andw a° ?t f G AM- ?irAUM-MW -?' 4v 'a 0 g U QI ? ? C7 o CA b coo? a a? °Q ??Ca U E'?+ •`d o V .b I O rz .Qa A e d V a e e 'e 0 Y s z" d a E z zd0 w M Oh ?a a 0 M •-? U 3 ? N N xadx CA w a c O ?0 a ONV?i ?O Gq a uAa N ti Q .a '? O o A c o M O 00 00 W cd a ^ '? 3 ?- r En w •^ o ?x GQ 0000 aS N ? y O y r Fi`` ff' ?. / Nl w a g a y N ? a w o a WW 0 E + v U 2 P-4 O Q W PM ?x U ti f ,o •ed 3° 0 0 0000 00 ,It o Gq 04 Aa O H ?. Fq ?W ?aU~ 00 aWGtii M I v 1 v, 1 10 1 [- a W a O a o3w C7 qa F a a M M 0 a U w a a.? 9H?? Y C a ° VYS 'Y' .p u EA W$ q gnG y 0 7 V 0 o fi rn °O 0 6N O°a M h M w u rn a U 'S C off'., ?W y( U •lj O z? ?a ? T 00 Z"" A K": Cot t 3400 dlZ W 600Z ON-' 0371bVy ' SZ aVn 0 N- t 1311v o? 'ZO $ we Zooo o A3NL1d ?? ?"' ? '0 S3014'c,° 81 $ P W owe s N M u •s g ? a C7 a v? ?? ? ?, Ri ??° ? Aga xz? a _ a ?aCa Om? ??Z?"? s? d' Uw a. a ?? mx Cd ?? Y gg O CL. 0 -- w E 3d 3 m Wt7??C7 .-+ b C V N M h D 1? 00 O.0, d ..1 Zd0 a THE 0 0 9 11Ayb 22 itii i 1 I ' E WASHINGTON MUTUAL BANK, F.A. Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3374 Civil Term Civil Division PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Defendants 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 June 5, 2009 at 10:00 a.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: June 3, 2009 Dale F. Shug]Va$t, Jr? Supreme Court 19373 10 West High Str t Carlisle, PA 17013 (717) 241-4311 CC: Michele M. Bradford, Esquire Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth Karla M. Illingsworth a/k/a Karla M. Silvia 2009 JUN _3 P `I C.' 1 " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Plaintiff V. PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 06-3374 ORDER AND NOW, this ;!? day of , 2009 the Prothonotary is ORDERED to V amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $122,783.29 Interest Through June 10, 2009 $26,029.58 Per Diem $19.76 Late Charges $505.24 Legal fees $3,275.00 Cost of Suit and Title $2,325.20 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $780.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance - jn . Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from June 10, 2009 through the date of sale at six percent per annum. $0.00 ($0.00) $7,611.28 $163,309.59 Note: The above figure is not a payoff quote. Sheriffs commission is n uded in the above figure. J. Zmichele 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@fedphe com ? PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA 5155 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 OOPI? 1.1-5/07 .f-r PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH 538 SOUTH MECHANIC STREET CARTHAGE, NY 13619 136251 FILED-OFFICE OF THE PR;'?'MTARY 20091 JUN -5 Alf 10: 2 4 Ch it a ;?.. ?JXNTY PENNMVANiW AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A. DEFENDANT(S) PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA SERVE KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA AT: 1426 BRUCETON DRIVE CLARKSVILLE, TN 37042 CUMBERLAND COUNTY No. 06-3374 ACCT. #136251 Type of Action - Notice of Sheriff's Sale Sale Date: AUGUST 5, 2009 SERVED Wi (Isw.-d Served and made known to ?UK1Q I ?' (????QSiA?1? PCIU ?_ Defendant, on the day of , 200`x, at q j5 , o'clock p.m., at ?? I?jQ(1(?tn?'1 f JR., CI(l??llle? 7N ?? , Commonwealth 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: ' Description: Age ? Height D Weight 116 Race V Sex M Other i, NW H. I Vw , a competent adult, being duly sworn according to law, depose and state that 1 personally handed a tru and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swora to and sup cribW bef a ?h 6s f, day Of 200 °l. N to jBy: PLE SEA IM, E VICE?AT L AST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Is` Attempt: / / Time: 2nd Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed Attorney 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 OF THE P'?0`". !n,N!nT PY 2009 JUL 21 AM 10: 4 0 CUMPE PEN ', YLVANi?' PHELAN HALLINAN & SCHMIEG. LLP BY: Vivek Srivastava, Esq. Attorney I.D. No.: 202331 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. vs. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Court of Common Pleas Civil Division Cumberland County No. 06-3374 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Notice of Sale and all future pleadings upon the above-captioned Defendant, PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH, by first class mail and certified mail to the mortgaged premises, 5155 EAST TRINDLE ROAD, MENCHANICSBURG, PA 17050, posting of the mortgaged premises, 5155 EAST TRINDLE ROAD, MENCHANICSBURG, PA 17050, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH personally with the Notice of Sale have been unsuccessful. The Plaintiff attempted to serve the Defendant at the mortgaged premises, 5155 EAST TRINDLE ROAD, MENCHANICSBURG, PA 17050. As indicated by the Affidavit of Return of Service attached hereto as Exhibit "A", NO SERVICE WAS MADE AS THE PREMISES IS VACANT. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge EDWARD E. GUIDO entered an order for IN REM JUDGEMENT dated JANUARY 6, 2009 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs July 15, 2009 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of July 22, 2009 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hall' & chmieg, LLP By: Vivek ivastava, Esq. Attorneys for Plaintiff July 23, 2009 4 AFF[DAVIT OF SERVICE PLAINTIFF WASHINGTON AfMAL BANK, F.A. DEFENDANT(S) PAUL E. HJJNGSWORT]i , JR. A/WA PAUL NL HJJNGSWORTH KARLA AL ILLINGSWORTH AWA KARLA M SiLVIA SERVE PAUL L ILLINGSWORTH, JR, AIWA PAUL AL ILLINGSWORTB, AT: 5155 EAST TMDLE ROAD ME000110BURG, PA 17050 SERVED Served and made known to at ..o'clock W; ux, at of Pennsylvania, in the manner described below: CUMBERLAND COUNTY No. 06-3374 ACCT. #136251 Type of Action n[ - Notice of SheriMs Sale '. ' Sale Date: JUNIC 10, 2009 Defendant, on the day of , 200_, 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 refined to give name or reledonshlp. MansgedClerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendent(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height Weigbt Race Sex Other 4 . a compolent adult, being duly sworn according to law, depose and state that l personally handed a true and correct copy of the Notice of SharifT's Sala in the homer as set ft & herein, issued in the captioned case on the date ad at the address indicated above. Sworn to and subscribed before me this day of _ 200 . Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 T1MI;S. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the ?_ day of AN ?- 2001 at 1 P o'clocklbn, Defendant NOT FOUND because: Moved Unknown No Answer Vacant la Attempt: / I Time: 2nd Attempt: I I Time: 3rd Attempt: Time: Sworn to and subscribed I Attorney for Plaintiff be this MAIL 2 y ?DANIEL G. SCIMIIEG, Esquire -1.D. No. 62205 of f ?J 2 p I^? One Penn Center at Suburban Station, suite 1400 Notary; op ?y ?? `gyp C 1617 John F Kennedy Boulevard PWInddph* g(Z15) 363-7000 A 19103-1$14 ovO ' C) G? 41 vet FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 136251 Attorney Firm. Phelan, Hallinan & Schmieg, LLP Subject: Paul E. Mingsworth Jr. & Karla Illingsworth Current Address: (Paul E. Illingsworth Jr.) 5155 East Trindle Road, Mechanicsburg, PA 17050 Current Address: (Karla Illingsworth) 1007 Hendricks Court, Clarksville, TN 37040 Property Address: 5155 East Trindle Road, Mechanicsburg, PA 17050 Mailing Address: (Paul E. Illingsworth Jr.) 5155 East Trindle Road, Mechanicsburg, PA 17050 Mailing Address: (Karla Illingsworth) 1007 Hendricks Court, Clarksville, TN 37040 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Paul E. Illingsworth Jr. - xxx-xx-6427 Karla Illingsworth - xxx-xx-6101 B. EMPLOYMENT SEARCH Paul E. Illingsworth Jr. & Karla Illingsworth - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Paul E. Illingsworth Jr. reside(s) at: 5155 East Trindle Road, Mechanicsburg, PA 17050 & Karla Illingsworth reside(s) at: 1007 Hendricks Court, Clarksville, TN 37040. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Paul E. Illingsworth Jr. & Karla Mingsworth. B. On 07-03-09 our office made a telephone call to the phone number (717) 448-4232 and received the following information: spoke with Karla Illingsworth who confirmed that she reside(s) at: 1007 Hendricks Court, Clarksville, TN 37040 & Paul E. Illingsworth Jr. reside(s) at: 5155 East Trindle Road, Mechanicsburg, PA 17050. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 07-03-09 we reviewed the National Address database and found the following information: Paul E. Illingsworth Jr. - 5155 East Trindle Road, Hampden, PA 17050 & Karla Illingsworth -1426 Bruceton Drive, Clarksville, TN 37042. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. IV. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Paul E. Mingsworth Jr. & Karla Illingsworth. V. OTHER INQUIRIES A. DEATH RECORDS As of 07-03-09 Vital Records and all public databases have no death record on file for Paul E. Illingsworth Jr. & Karla Illingsworth. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Paul E. Illingsworth Jr. & Karla Illingsworth residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Paul E. Illingsworth Jr. - 08-16-1976 Karla Illingsworth -12-31-1976 B. A.K.A. Paul M. Illingsworth Jr.; Paul Edward Illingsworth Jr. Karla M. Illingsworth; Karla M. Silvia * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. KERN , Y."Wy xlya-A4 L. SM11M AFFIANT - Brendan Booth ID t 2383405 -WJffW Full Spectrum Services, Inc. WtARYMBM0Ftf Com Sworn to and subscribed before me this 6th day of July, 2009. The above information is obtained from available public records and we are only liable for the cost of the affidavit IND PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 M113ITC One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jessica.nahill@fedphe.com Jessica J. Nahill, 1533 Sales Department Representing Lenders in Pennsylvania and New Jersey July 15, 2009 PAUL E. ILLINGS WOR TH, JR. A/K/A PAUL M. ILLINGSWORTH 5155 EAST TRINDLE ROAD MENCHANICSBURG, PA 17050 RE: WASHINGTON MUTUAL BANK, F.A. vs. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH and KARLA M. ILLINGSWORTH A/K/A KARLA M. SIL VIA Premises Address: 5155 EAST TRINDLE ROAD, MENCHANICSBURG, PA 17050 Cumberland County, No. 06-3374 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with t e requested ested relief that is, Special Service. Please respond to me within one week, by o Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, ssica J. For Vivek astava, Esq. 9 N 0 N O ? Oo J Q to A W N za ? d cn t? Y v 46 td zo a yo?y o z o H x x cy r r 0 x y x . mss Par r BOWES ,• _ I dam' .FI. . 7 $ oi A 5 g ap0g21801G JUL }9i 03 ZIP CODE Mp,ILED FROM MISIT o ? Z r ? coo ? o ? 1 :r b o P 'm fq o p oV Q?o r. ? a? 0 0 c PHELAN HALLINAN & SCHMIEG, LLP BY: Vivek Srivastava, Esq. Attorney for Plaintiff Attorney I.D. No.: 202331 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. VS. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Court of Common Pleas Civil Division Cumberland County No. 06-3374 MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving anew forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the 5 publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Plaintiff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully subm} Phelan Halli & ieg, LLP By: Vivek Srivastava, Esq. I Attorney for Plaintiff Date: July 27 2009 6 VERIFICATION The undersigned hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hallinan &Schmieiz. LLP By: Z Vivek S ' , E j4. / Attorney for taieff July 13 2009 7 PHELAN HALLINAN & SCHMIEG, LLP BY: Vivek Srivastava, Esq. Attorney I.D. No.: 202331 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WASHINGTON MUTUAL Court of Common Pleas BANK, F.A. Civil Division vs. Cumberland County No. 06-3374 PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH 5155 EAST TRINDLE ROAD MENCHANICSBURG, PA 17050 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Date: July 23, 2009 Phelan Hallinan & Schmieg, LLP By: Ave ve Srivastava, Esq. Attorney for Plaintiff 8 RLE -C'° OF 'NE JUL 2 42009 -3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Civil Division VS. No. 06-3374 PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA ORDER AND NOW, this ` day of , 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant, PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH by: 1. Posting of the premises: 5155 EAST TRINDLE ROAD, MENCHANICSBURG, PA 17050. 2. First class mail to PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH at the mortgaged premises located at 5155 EAST TRINDLE ROAD, MENCHANICSBURG, PA 17050; and 3. Certified mail to PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH at the mortgaged premises located at 5155 EAST TRINDLE ROAD, MENCHANICSBURG, PA 17050; and 4. Publication in accordance with PA. R.C.P. 430. J. 136251 2 ALE D'''-`'tom(: OF THE P C)TH1INC?ARY 2009 JUL 27 AM 9: 09 cuw PE-NNSY I VANIA -7/27/4V. ox Y L) ? .. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esqq., Id. No. 62205 Michele M. Bradford, Es , Id. No. 69849 Judith T. Romano, Esq, Id. No. 58745 Sheetal R. Shah-Jam, 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 WASHINGTON MUTUAL BANK, F.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Defendants CIVIL. DIVISION NO. 06-3374 VERIFICATION OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent b reg?uular mail and certified mail return receipt requested to PAUL E. ILLINGSWORTH JR. A APAUL M. ILLINGSWORTTH & KARLA M. ILU96SWORTH A/K/A KARLA W. SILVIA on 8/7/09 at 5155 EAST TRINDLE MECHANICSBURG PA 17050 in accordance with the Order of Court dated 7/24/2009. Tlie proF1_ erty was poste on8/672009. Publication was advertised in the Cumberland Law Journan 8/7/09- & in The Sentinel on 8/5/09. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unswom falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: enine R. Dayey, hsquire uire , Id. No. 84439 Id No. 206779 so.. Id No. 208375 Dated: August 24, 2009 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 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. (-,,-Xisa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 7 da, of August, 2009 Notary H A COLLINS FCCARLUISLE ARIAL SEAL ry Public CUMBERLAND COUNTY Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 06-3374 WASHINGTON MUTUAL BANK, F.A. VS. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH & KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: PAUL E. ILLINGS- WORTH, JR. A/K/A PAUL M. ILLINGSWORTH ALL THAT following described lot of ground situate, lying and being in HAMPDEN Township, County of CUMBERLAND Commonwealth of Pennsylvania, bounded and limited as follows, to wit: LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in Hampden Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described in accordance with a survey of Roy M. Benjamin, dated June 21, 1971, as follows, to wit: BEGINNING at a point on the Northern line of Trindle Road, which point is 2904 feet West of Sport- ing Hill Road; thence along Trindle Road South 65 degrees West 73 feet to the line of lands N/F of Lilliam R. Kerrigan; thence along same North 27 degrees West 180 feet to a point; thence North 65 degrees East 73 (er- roneously stated as "7e" in preceding deed) feet to a point; thence South 25 degrees East 180 feet to the point of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick dwelling numbered 5155 Trindle Road. UNDER AND SUBJECT, NEVER- THELESS, to all restrictions, ease- ments, rights of way and/or condi- tions of record. TITLE TO SAID PREMISES IS VESTED IN Paul E. Illingsworth, Jr. and Karla Illingsworth, husband and wife, as tenants by the entireties, by Deed from Bruce Dieter, single man, dated 02/19/2004, recorded 03/02/2004, in Deed Book 261, page 4567. PREMISES BEING: 5155 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050. PARCEL NO. 10-22-0525-010. Your house (real estate) at 5155 EAST TRINDLE ROAD, MECHANICS- BURG, PA 17050 is scheduled to be sold at the Sheriff's Sale on OCTO- BER 7, 2009 at 10:00 A.M., at the CUMBERLAND County Courthouse to enforce the Court Judgment of $129,296.59 obtained by, WASH- INGTON MUTUAL BANK, F.A. (the mortgagee), against your Prop. sit. in HAMPDEN Township, County of CUMBERLAND, and State of Penn- sylvania. Being Premises: 5155 EAST TRIN- DLE ROAD, MECHANICSBURG, PA 17050. Improvements consist of residen- tial property. Sold as the property of PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH & KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA. TERMS OF SALE: The purchaser at the sale must take ten (10%) per- cent down payment of the bid price or of the Sheriff's cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the purchaser will lose the down money. THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. DANIEL SCHMIEG, ESQUIRE CUMBERLAND LAW JOURNAL Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Aug. 7 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): August 5, 2009 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this din 41 Jmhwi Notary Public My commission expires: COMMONWEALTH OF FENNSYL IA NOTARIAL SEAL PYb?C ANN HECKENDORK 14dWY Hid 9oro., CumbWWW SSbn Exgres 27, 10 CamrreP Fmiyv USPS - Track & Confirm tl?L7' STATES Trek Confirm Search Results Page 1 of 1 Home I Help I ; Track & Confirm E)- Label/Receipt Number: 7178 2417 6099 0033 7248 Track $ Confirm Class: First-Class Mails Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Arrival at Unit Your item arrived at 4:00 AM on August 7, 2009 in PHILADELPHIA, PA 19104. No further information is available for this item. Detailed Results: ¦ Arrival at Unit, August 07, 2009, 4:00 am, PHILADELPHIA, PA 19104 • Moved, Left no Address, August 01, 2009, 9:38 am, MECHANICSBURG, PA ¦ Processed through Sort Facility, July 30, 2009, 8:54 pm, PHILADELPHIA, PA 19176 • Acceptance, July 30,2009,4:49 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, July 30, 2009 Notifi"tion Options Track & Confine by email Get current event information or updates for your item sent to you or others by email. Return Receipt (Electronic) Verify who signed for your item by email. [iis> ) .5.ft _Map. Qusf.mg[_.$ejv_ipe Eprms QQy't $- ryic9s Ca1ttgrs CopyrightO 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOI Pri.V41cx.P41&x Ierms of_?Sg http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=7178... 8/24/2009 7178 2417 6099 0033 7248 4 / JJN PAUL E. ILLINGSWORTH, JR 5155 EAST TRINDLE ROAD MECHANICSBURG, PA 17050-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WASHINGTON MUTUAL BANK, F.A. / No. 06-3374 DEFENDANT(S) PAUL E. ]LLINGSWORTH, JR. A/K/A PAUL M. ] LLINGSWORTH ACCT. #136251 KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA Type of Action - Notice of Sheriff's Sale ***PLEASE POST PROPERTY WITH NOTICE OF SALE FOR PAUL E. ILLINGSWORTH. JR. PER COURT ORDER*** Sale Date: OCTOBER 7, 2009 5155 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 SERVED Served and made known to PA14L t'. I U- (N6 S 0k* , U , . Defendant, on the ? day of ?tGKST 20R at 9110 , o'clock A'.m., at S)913 kASTTAI N D(4 LAP M E_C9A10" Rda-&- Commonwealth 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 com}?an-y. 7-0ther: S'iEA PRa?Eg-M, WI-rµ tijwc_F OF Description: Age Height Weight Race Sex Other I, V6V4c,,P A46 LL_ , a competent adult, being duly sworn according to law, depose and state that I personally posrEA b6zaid a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub ribed KIMBERLY CURTY before me this day NOTARY PUBLIC V STATE OF NEW MRSEY c? of CeL, 200 Notary: L BY ?.. COMMISSION EXPIRES MARCH 1, 2013 NOT SERVED On the day of 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: / / Time: 3rd Attempt: Sworn to and subscribed before me this day of , 200 . Notary: Time• Vacant god Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 10? ro c A 00 J Q? Cll A W N '-' fD rz a x ?. D Ln ? n z C !D > arA? ?Mul ?» lTl W ? ? a ro o O A W x ? p ? N r? ? ewe a m 8 ? a w p ? p M s?8?? u fl p r CV EA a ?. Og,Sp? P4% PITNEY BOWES 02 1M $ 01.26° 0004218010 JUL30 2009 MAILED FROM ZIP CODE 19103 Cy ? A ? a 00 'r x? b 0 r? 2009 AUG 27 P1l 1: 4 J y JMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which CHESAPEAKE LOAN SERVICING LLC is the grantee the same having been sold to said grantee on the 7TH day of OCT A.D., 2009, under and by virtue of a writ Execution issued on the 20TH day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 3374, at the suit of WASHINGTON MUTUAL BANK F A against PAUL E ILLINGSWORTH JR AKA PAUL M & KARLA M AKA KARLA M SILVA is duly recorded as Instrument Number 200938041. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ Q _day of 1430rd4kJ Cj ?o s(r1 Cumjm'; W C,OUn ? Gaon E *kas ft First tY' YC Jan. , of f Jan. 2010 10 In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No 2006-3374 Civil Term Washington Mutual Bank, F.A. Vs Paul E. Illingsworth, Jr. a/k/a Paul M. Illingsworth and Karla M. Illingsworth a/k/a Karla M. Silva 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:, Karla M. Illingsworth a/k/a Karla M. Silva, 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, Karla M. Illingsworth a/k/a Karla M. Silva. Address provided is that of defendants father, and the post office does not have a forwarding address. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he mailed a copy of the Real Estate Writ of Execution, Notice of Sheriff s Sale and Legal Description, to Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth, at his last known address of 538 South Mechanic Street, Carthage, NY 13619 on 3/19/09, and said item was returned to the Cumberland County Sheriff's Office as REFUSED on 4/3/09. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1109 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property Paul E. Illingsworth, Jr. a/k/a Paul M. Illingsworth and Karla M. Illingsworth a/k/a Karla M. Silva, located at, 5155 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Paul E. Illingsworth, Jr. a/k/a Paul M. Illingsworth and Karla M. Illingsworth a/k/a Karla M. Silva, by regular mail to their last known address of, 5155 East Trindle Road, Mechanicsburg, PA 17050. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 7, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $ 52,000.00 to Chesapeake Loan Servicing, LLC, of 100 South 7th Street, Akron, PA 17501, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 2,291.06 Sheriff's Costs Docketing 30.00 16 Amended SCHEDULE OF DISTRIBUTION SALE NO. 57 Date Filed: 10/23/09 Date Amended: 10/29/09 Writ No. 2006-3374 Civil Term Washington Mutual Bank, F.A. Vs Paul E. Illingsworth, Jr., a/k/a Paul M. Illingsworth and Karla M. Illingsworth, a/k/a Karla M. Silva 5155 East Trindle Road Mechanicsburg, PA 17050 Sale Date: October 7, 2009 Buyer: Chesapeake Loan Servicing, LLC Bid Price: $ 52,000.00 Real Debt: $163,309.59 per Order of Court to Reassess Damages DISTRIBUTION: Receipts: Cash on Account (02/27/2009): $ 1,500.00 Cash on Account (10/07/2009): 5,200.00 Cash on Account (10/23/2009): 51,222.72 Total Receipts: $ 57,922.72 Disbursements: Sheriff s Costs Legal Search Transfer Tax State Transfer Tax Local Hampden Township (Refuse) Attorney Daniel Schmieg Washington Mutual Bank, F.A. 1,991.06 300.00 1,541.36 1,541.36 1,175.26 1,500.00 49,873.68 Total Disbursements: ($ 57,922.72) Balance for distribution: So Answers: 00.00 R. Thomas Kline Sheriff r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3374 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From PAUL E. ILLINGSWORTH, JR, a/k/a PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH, a/k/a KARLA M. SILV?A (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 $129,296.59 L.L. $.50 Interest from 6/13/06 - 6/10/09 (per diem - $19.76) - $21,617.44 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $208.21 Other Costs Plaintiff Paid Date: 2/20/09 urtis R. Long, Prothonot y 40 (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG 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 Deputy FROM RECORD In Wit tyw1w , ! has unto my hang ' So.; d 8l CaA at Car", Pa. Akft at agog Cg- -0 1 Real Estate Sale # 57 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 5155 East Trindle Road, Mechanicsburg, More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By: •? ; L t? 4 k SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 57 held October 7, 2009 EFFECTIVE DATE: October 7, 2009 PREMISES: 5155 East Trindle Road, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, Tax Parcel No. 10-22-0525-010 (the "Premises") RECITAL: Being the same premises which Bruce Dieter, by his deed dated February 19, 2004 and recorded March 2, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 261, Page 4567, granted and conveyed unto Paul E. Illingsworth, Jr. and Karla Illingsworth, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2009. 20. Mortgage in the amount of $125,600.00 from Paul E. Illingsworth, Jr. and Karla Illingswortr to Gateway Funding Diversified Mortgage Services, L.P. dated February 27, 2004 and recorded March 2, 2004 in Mortgage Book 1865, Page 3493, assigned August 19, 2009 by Instrument No. 200929179 to Wells Fargo Bank, N.A. -2- 21. Mortgage in the amount of $19,500.00 from Paul E. Illingsworth, Jr. and Karla Illingsworth to PSECU dated October 12, 2004 and recorded November 12, 2004 in Mortgage Book 1887, Page 3937. 22. Judgment against Paul E. Illingsworth, Jr., Paul M. Illingsworth, Karla M. Illingsworth and Karla M. Silvia in favor of Washington Mutual Bank, F. A. in the amount of $130,383.39 entered August 8, 2006, which judgment was last amended to $163,309.59 by Order entered June 5, 2009 to No. 2006-3374 with respect to the Mortgage identified as item 20, above. 23. Municipal lien judgment against Paul E. Illingsworth, Jr. and Karla Illingsworth in favor of Hampden Township in the amount of $280.34 entered August 8, 2007 to No. 2007- 4694. 24. Municipal lien judgment against Paul E. Illingsworth, Jr. and Karla Illingsworth in favor of Hampden Township in the amount of $206.35 entered April 17, 2008 to No. 2008- 2492. 25. Municipal lien judgment against Paul E. Illingsworth, Jr. and Karla Illingsworth in favor of Hampden Township in the amount of $175.33 entered March 31, 2009 to No. 2009- 2017. 26. Subject to the restrictions contained in Deed Book "O", Volume 17, Page 185. 27. Subject to the restrictions, reservations and easements, if any, in survey by Roy M. Benjamin dated June 21, 1971, cited in Deed Book 261, Page 4567 and not of record, and any defect in title by reason of said survey not being of record. 28. Subject to the legal operation and effect of the divorce action initiated by Karla M. Illingsworth against Paul E. Illingsworth filed December 16, 2005 to No. 2005-6522. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- f REAL ESTATE SALE NO. 57 Writ No. 2006-3374 Civil Washington Mutual Bank, F.A. VS. Paul E. Illingsworth, Jr. a/k/a Paul M. Illingsworth and Karla M. Illingsworth a/k/a Karla M. Silva Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in Hampden Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described in accordance with a survey of Roy M. Benjamin, dated June 21, 1971, as follows, to wit: BEGINNING at a point on the Northern line ofTrindle Road, which point is 2904 feet West of Sport- ing Hill Road; thence along Trindle Road South 65 degrees West 73 feet to the line of lands N/F of Lilham R. Kerrigan; thence along same North 27 degrees West 180 feet to a point; thence North 65 degrees East 73 (er- roneously stated as "7e" in preceding deed) feet to a point; thence South 25 degrees East 180 feet to the point of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick dwelling numbered 5155 Trindle Road. UNDER AND SUBJECT, NEVER- THELESS, to all restrictions; ease- ments, rights of way and/or condi- tions of record. TITLE TO SAID PREMISES IS VESTED IN Paul E. Illingsworth, Jr. and Karla Illingsworth, husband and wife, as tenants by the entireties, by Deed from Bruce Dieter, single man, dated 02/19/2004, recorded 03/02/2004, in Deed Book 261, page 4567. PREMISES BEING: 5155 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050. PARCEL NO. 10-22-0525-010. EXHIBIT A r WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVAA' Defendant(s). TO: PAUL E. ILLINGSWORTH, JR. A/K/A PAUL M. ILLINGSWORTH 538 SOUTH MECHANIC STREET CARTHAGE, NY 13619 February 18, 2009 CUMBERLAND COUNTY No. 06-3374 KARLA M. ILLINGSWORTH A/K/A KARLA M. SILV.ZA 4187 NANTUCKET DRIVE MECHANICSBURG, PA 17050 "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 TTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIEN AGAINST PROPERTY. ** Your house (real estate) at, 5155 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,296.59 obtained by WASHINGTON MUTUAL BANK, F.A. (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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Roy M. Benjamin, dated June 21, 1971, as follows, to wit: BEGINNING at a point on the Northern line of Trindle Road, which point is 2904 feet West of Sporting Hill Road; thence along Trindle Road South 65 degrees West 73 feet to the line of lands N/F of Lilliam R. Kerrigan; thence along same North 27 degrees West 180 feet to a point; thence North 65 degrees East 73 (erroneously stated as "7e" in preceding deed) feet to a point; thence South 25 degrees East 180 feet to the point of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick dwelling numbered 5155 Trindle Road. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights of way and/or conditions of record. TITLE TO SAID PREMISES IS VESTED IN Paul E. Illingsworth, Jr. and Karla Illingsworth, husband and wife, as tenants by the entireties, by Deed from Bruce Dieter, single man, dated 02/19/2004, recorded 03/02/2004, in Deed Book 261, page 4567. PREMISES BEING: 5155 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050 PARCEL NO. 10-22-0525-010 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: May 1, May 8, and May 15, 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. Coyne, SWOrZ9TO AND SUBSCRIBED before me this 15 day of Mgy, 2009 r-ea? Notary e NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 23, 2010 Rl6AL ]MATS BALE NO. 57 Writ No. 2006-3374 Civil Washington Mutual Bank, F.A. vs. Paul E. Illingsworth, Jr. a/k/a Paul M. Illingsworth and Karla M. Illingsworth a/k/a Karla M. Silva Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in Hampden Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described in accordance with a survey of Roy M. Benjamin, dated June 21, 1971, as follows, to wit: BEGINNING at a point on the Northern line of Trindle Road, which point is 2904 feet West of Sport- ing Hill Road; thence along Trindle Road South 65 degrees West 73 feet to the line of lands N/F of Lilham R. Kerrigan; thence along same North 27 degrees West 180 feet to a point; thence North 65 degrees East 73 (er- roneously stated as "7e" in preceding deed) feet to a point; thence South 25 degrees East 180 feet to the point of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick dwelling numbered 5155 Trindle Road. UNDER AND SUBJECT, NEVER- THELESS, to all restrictions, ease- ments, rights of way and/or condi- tions of record. TITLE TO SAID PREMISES IS VESTED IN Paul E. Illingsworth, Jr. and Karla Illingsworth, husband and wife, as tenants by the entireties, by Deed from Bruce Dieter, single man, dated 02/19/2004, recorded 03/02/2004, in Deed Book 261, page 4567. PREMISES BEING: 5155 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050. PARCEL NO. 10-22-0525-010. %Th.e Patriot-News Co. 812 Market St., Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever 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 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 This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 - '. ........ Sworn to slesced before me this A2 d o1/M?y, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public City Of Harrisburg, Dauphin County My Conxnission EVres Nov. 26, 2011 Member, Pennsylvania Assoclatlon of Notsries PA d 9440* SW Ift 57 Wr* tie. ft '13!itlNTom ftildit" 040d 111100k PA. Paull E. tfHt torch, Jr., We Paul I(arla'M. 0001 Karla .`'bra Aftmay Donl N Schmley LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Roy M. Benjamin, dated June 21, 1971, as %nows, to wit. BEGINNING at a point on the Northern line of Trindle Road, which point is 2904 feet West of Sporting HUI Road; thence along Trindle Road South 65 degrees West 73 feet to the line of lands N1F of Lilliam R. Kerrigan; thence along same North 27 degrees West 180 feet to a point; thence North 65 degrees East 73 (erroneously stated as "7e" in preceding deed) feet to a point; thence South 25 degrees Put 180 feet to the point Of BIRJINNING. HAVING THEREON ERECTED a one and one-half story brick dwelling numbered 5155 Thndle Road. TINDER AND SUBJECT, NEVERTHELESS, to all restrictions, eats; ti& of way and/ or conditions of record. TITLE TO SAID PREMISES IS VESTED IN Paul E. Mingswotth, Jr. and Karla Illingsworth, husband and wife, as tenants by the entireties, by Deed from Bruce Dieter, single man, dated 02119/2004, reccsded 0301M, in Deed Book 261, page 4567. PREMISES BEING: 5155 EAST TRINDLE ROAD, M UWQCSBURG, PA 17050 PARCEI. NCI. 1&2245r-010 [[ gg�� r M i RO 4 HONG 2013 OCT 17 AM 10: 3 5 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 14¢o MOERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 WASHINGTON MUTUAL BANK, Court of Common Pleas F.A. Plaintiff Civil Division vs • CUMBERLAND County PAUL E. ILLINGSWORTH,JR A/K/A No.06-3374 PAUL M. ILLINGSWORTH A/K/A PAUL E.ILLINGSWORTH„JR. KARLA ILLINGSWORTH A/K/A KARLA M. ILLINGSWORTH A/K/A KARLA M.SILVIA Defendant PRAECIPE TO THE PROTHONOTARY: n Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled, Discontinued and Ended. Ti Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ® Please mark the in rem judgment Satisfied and the action Discontinued and Ended. n Please Vacate the Judgment entered. Date: /COpo PHELAN HAL ' :y: Allis. F Zucker, an, 'sq., Id. No.309519 • to • for aintiff PH#630357 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County PAUL E. ILLINGSWORTH, JR, A/K/A PAUL M. No. 06-3374 ILLINGSWORTH, A/K/A PAUL E. ILLINGSWORTH„JR. KARLA ILLINGSWORTH, A/K/A KARLA M. ILLINGSWORTH,A/K/A KARLA M. SILVIA Defendant PH#630357 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: PAUL E. ILLINGSWORTH, JR A/K/A PAUL M. ILLINGSWORTH A/K/A PAUL E. ILLINGSWORTH„JR. 5155 EAST TRINDLE ROAD MECHANICSBURG,PA 17050 KARLA ILLINGSWORTH A/K/A KARLA M. ILLINGSWORTH A/K/A KARLA M. SILVIA 1426 BRUCETON DRIVE CLARKSVILLE,T 37042 Date: PHEL: HALL I • , LLP B : �- lli c F. Zucke 2., Id. No.309519 Attorney •lamtiff