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HomeMy WebLinkAbout06-3527SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., ATTORNEY I.D. NO. 86727 JOSEPH REJENT, ESQ., ATTORNEY I.D. NO. 59621 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 MEGAN D.H. SMITH, ESQ., ATTORNEY I.D. NO. 84047 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26678 Washington Mutual Bank 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 PLAINTIFF VS. James L. Miller 296 Old Stone House Road Carlisle, PA 17013 and Stephanie L. Miller 296 Old Stone House Road COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: Carlisle, PA 17013 DEFENDANT(S) COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., ATTORNEY I.D. NO. 86727 JOSEPH REJENT, ESQ., ATTORNEY I.D. NO. 59621 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 MEGAN D.H. SMITH, ESQ., ATTORNEY I.D. NO. 84047 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26678 Washington Mutual Bank COURT OF COMMON PLEAS 1270 Northland Drive, Suite 200 CUMBERLAND COUNTY Mendota Heights, MN 55120 PLAINTIFF NO: © 4 ' S 7 VS. James L. Miller 296 Old Stone House Road Carlisle, PA 17013 and Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Washington Mutual Bank, the address of which is, 1270 Northland Drive, Suite 200, Mendota Heights, MN 55120, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Washington Mutual Bank, FA Mortagor(s): James L. Miller and Stephanie L. Miller (b) Date of Mortgage: January 25, 2002 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1747 Page 4199 Date: January 31, 2002 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Washington Mutual Bank, FA Assignee: Washington Mutual Bank As Recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 296 Old Stone House Road, Carlisle, Pa 17013 and is more specifically described as attached as part of Exhibit "A." 4. The name and mailing address of each Defendant is: James L. Miller, 296 Old Stone House Road, Carlisle, PA 17013; Stephanie L. Miller, 296 Old Stone House Road, Carlisle, PA 17013. 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of April 1, 2005 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of June 16, 2006: Principal of Mortgage debt due and unpaid $265,320.10 Interest currently due and owing at 6.5% per annum calculated from March 1, 2005 at $47.25 each day $22,349.25 Late Charge of $87.07 per month assessed on the 16th of each month from April 16, 2005 to June 16, 2006, (15 Months) $1,306.05 Escrow Advances made by Plaintiff $10,139.54 Suspense/Unapplied Balance ($562.12) Accrued Late Charges $76.50 Title Search/Report Fees $250.00 Attorneys' Fees and Costs $1,500.00 TOTAL $300,379.32 8. Interest accrues at a per diem rate of 47.25 each day after June 16, 2006, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Mortgage. 9. The attorneys' fees set forth above are inconformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et M., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. Date: 01 I vl o& SHAPIRO & KREISMAN, LLC BY:-- Attorney for P ff S & K File No. 06-26678 ,1 qu?p b -I- ??ceq?, . I?€fas,wl ? ? CIM DEfiL+AA? QOUN7JY- ?; '02 JON 31 RM X Prep red By: Rct ua TO: NORTH AMER I CAN MDRTOAOE EMILY KELLEY P.Q. Sox 806081 PETALUMA, CA 94875-6031 FINAL REVIEW AU 052 Parcel Number: 21-09-0578-138 [Seca Ahern This Line Fm Recording Data] YPA7 MORTGAGE H04 6876462-663 MIN 1000541-3000216528-0 L- DM71NMONS Words used In multiple seodcns of this dow=n are defined blow and other words am defined in Sections 3, 11, 13, 18, 2D and M. Certain rules regarding the usage of words used in this document an also provided in Sermon 16. (A) -Seoarity Instrt =cot' mans this document, which is dated JANUARY 29, 2DO2 together with all Riders to this doef mamt. (B)'BOrrO'trer'it JAMBS L. MILLER AND, STEPHANIE L, MILLER Borrower is the mortgagor under this Security Instrument. (C) "MGRS' is Mortgage Electrntic Rogistradon Systome, Inc. MFRS is a separate corporation that is acting soldy as a nominee for Leader sod bender's suoomsots end 09PL MBRS is the mortppe under this Seourfty Instrument. MSRS is organixd and existing under the laws of Delaware, and has an addErem and telephone number of P.O. Bar 1036, Flint. MI 48501'1016, tel. (886) MMERS, Pt! aY6VAHIA - 61now PamOy - Ponle Maefte"le Mao UNI;ORM IHBTRtaMEHT WITH MIRS -SWA) noao pwm 6096 1101 P.O 1 0 1• IMUdc VMP MOR1OAea FORM , taco,jr 1 -yt77/` ?'1 0Ni 9K047P6#1,99 19111111 (D)"Lm&r"Is WASH IROM MUTUAL BANK, FA I ceder is a FEDERAL SAV I N09 BANK orgsnued end miating tender the lawn of THE UNITED STATES OF AMER 1 CA IAndOeBaddrm,e 9893 AIRWAY DRIVE, SANTA ROBA, CA 95403 (B) 'Note" means the promissory note signed by Borrower and dated JANUARY 29, 2002 The Note Brats that BorrowerowesLender TWO HUNDRED SEVENTY FIVE THOUSAND FIVE HUNDRED AND 00/ico Dollars (U.S. $ 279 ,600.00 ) plus interest. Borrower has promised to pay this debt.ta regular Periodic Payment9 and to pay the debt in full not later than FEBRUARY D 1., 2032 (F) Property means the property that is described below under the heading "Tmader of Rights in the Property.- (0) "Loan" meaner the debt evidenced by the Note, plus interest, any prepayment chatSm and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" memo all Riders to this Security Instrument that are enmauted by Borrower. The following Riders are to be executed by Borrower fnheel box as applicable): Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 1VA Rider Biweekly Payment Rider Other(s) [specify] W 'APPliesble Law" 1 re atimU6 ordinances and 19 ap gicable Enid, non-apl (7) Community Ana aasammenn and other char to o of, or ii under the 4M-BWAI 400ae applicaUle (that have federal, auto and effect of law) as well as s ;cation Dues, Fees, and Assessments" means all duos, few, pep that we imposed on Borrower or the Property by it condominium sottatlon or similar organization. Tam fee macs any transfer of funds, other than a transaction or similar omila paper instrument, which is initiated through an electronic bit or c ediW t in account. Such term includes, ro ?• ? or authorize , but is not limited to, matedullormsch, transwdons, transfers ioitiatad by telephone. wire a thvaa (terns that are described in Section 3. MOAM MY d, ppeaarwsy (other than mivsurvohw settlement o m the h'covv or (i) 4ma?e to, or deatruetion oC site Pt?pGi condemnation or art of the-Ptoperty; (0) conveyan" is Hsu of coodemnuion; or (iv) niseions as to, to valve andlor condition of the Property. mane insurance protecting Lander against the nonpayment of, or musts the regularly scheduled amount dux for (i) principal and (ii) any amounts under Section 3 of thin Security Instrument. rwa•,u InltiawM Porn. 909! t/a7 8K 1747PG4200 (P) "RESPA" means the Real Eataa Settlement Procedures Act (12 U.S.C. Section 2601 at seq.) and its implementing regulation, Regulation X (24 C.PR Pan 3500). as they might be amended from time to time, or arty additional or sumsior legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RBSPA' refera to all requinmants and restrictions that me imposed in rWd to a 'federally related mortgage loan' even if the Loan dory am qudify as a 'federally related mortgge loan' under RESPA. (Q) "Successor in Interest of Sorrotver" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and)or this Security Instrument. TRANSFER OF RIGHTS IN-THE PROPERTY This Security Iestrument wanes to lender (1) the repayment of the Lou, and all renewals, Extensions and modifications of the Note; and (H) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby morrgage. grant and convey to MERE (addy as nomirre for Leader and Leader's aoccessors and assigns) and to the aucceesors and aWpz of MERE the fol)owlrag described property located in the COUNTY of CUMBERLAND [Type at Raoaadin 7udodietieal [Nano of Rerardiag [udrdief,oal THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF, which currently has the addrars of 499 OLD STONB HOUSE ROAD (stnatl ARL ISLE [City] , P=Mlvania 17013 IZip cedal ZPropecty Address"): F TOGETHER WITH au the improvements now or hereafter erected on the property. and all eammentq appuruo nap, and fixtares now or heradhor a part of the prooaRy A11 tsPlacementa and additions shall also be covered by this Security Instrument. All of the foregoing is rdarred to OL-BAUN moan r.w 7 •i fs /f??? Form 3030 1101 BK 1747PG420I • 1 in this Security Iatrtuneat as the ' ." Borrower understands and agrees that MESS holds only )egtnt tide m she imereab granted is this Security Iuattummt, but, ii neaaeary m earmply with Lw or custom, >s aorniaea for Lasater a>vd s eucaa®ors and aerignr) hen the tight m eateeciee atq eu of shore inaueem, inoluag, bus not l;mftad m, the right t0 feuealoae and sail theeaProperey sod m take any action requ+tad of Lander inelundiag, hart tto8 limited to fei??ng sad nntt??tiaa this Secure Iaetntment. BO1tR0It COVBNAN 1 S that Borrower tawtolly seised of the catnip hereby conveyed and hay the right m m?t)0. pant and convey the Property sad teat the pa ty is tmencum crept for emcumbtaaae of tmotd. BoreoNar wartanse sad Will ddend gaoerelly the tiT ? s ea dsime and ttetaarlda, subject to any aom eocombre nnido aioml to O Lv!laea?ntNrTr biaes ?miform covaomte far tree and now-uniform covenants with limited variations by jurisdiction to constitute a uniform security inswument CO UNIFORM C01 ffi A er eras Leader covenant and agrec as follower 1. Pa;meat of Principal, letmest, Brorow Its Fropsyment Cbhu cod Late Changes. HOtrowor akin pay when due the principal of, sad ntareat on, the debt evidenced by the Nate and any prepayment abaryas sad late chaps due under the Note. Borrower shall also pay funds for Bestow Items pursuant to Section J. rsymmts due under the Now and chic Security Inetrumeat shalt be mode in U8. currency. However, tf any check or other instrument received by Lender as payment under the Note or th{a Security lustrurn at if returned to Leader unpaid, money order, (c) such check is do instrumentality, or Payments are Note or at rich a at any or one or a Red check. in tv: or fdl partut.psymenttnsoittoten to pprree?trdra to its r hto to r bbligatead m sppppry such pays I n? Under rmay hold s cosh ourreat It Borrower dam sot such funds or return them to outstanding principal balance u which Borrower maght have i mamas payments due under t and apaemante secured bM thh Z ApPButioa of Nym (a) ?t? due accepted under he No 3. Such payments "be ¦pA bsak ohe*, tressUrWr check or cashiers check, provided any insdtuAOn whose doposits are insured by a federal ageacy, &lechwic Funds Tremter. ived by I.mds when received at the location dagpated in the as may be dedpatod by Leader in sacordaace with the notice r may main any payment hr partial payment if the payment or t m bring the Loan currant. Leader aa;apt MW payment or slag the Lana oueent withoua waiver of say r1*e hwwn,* or sib payment or partial payments in the future, but I ender is oat nts at the time such payments are accepted, If each Periodic aduled due date, than Lender need not pay interest on unapp'ad tapped funds uwM Borrower mdm ?m ea?t to briag the Lora e so within a meaonable period of time, I.aruda shall ether apply arrower. If not applied eadler, such funds will be applied to the der the Note immediately prior to foreclosure. No offset or claim w or in the future spurt Leader shaii relieve Borrows froth n Noto and this Security Instrument or parforming the covenants ieonrity instrument. ate at Prow& Swept sal othawise described in this Section $ W by under shell be ati+sin following order of priority: (b) Peic.011duounder Nuts; (c7 amounts due under Section rid to each a Payment in the order im which it became due. s a plw 111 to Ian g? second to say other arnmmn due std that to reduce the artadpal Whom of the Note. u sander receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to late charge due, the p?ymant may be sred to the delinquent payment ead the late ZV it more than of Paiode Payment L outatsarI g. Lender may apply any payment received from Borrower to the repayment of the Periodic payments if, tj-BAIPA) moo qn 4 M to MIf/M 7yj Koren nose von BK 1747PG4202 and to the a neat that, aeb payment em be paid in full. To the extent that any eucese exists after the meet is epptiad to the 1p?m stet ont or more Periodic Papeete, anoh esxcess may be fed to late charg?me due. Vdunnry prspaymtnts shell be applied Brat to any prepayeamt and ee efescNbed in the Notes Any spptieatien of payments hateutaace proceeds. er Miacallaoeow Proeeede m E due under the Non shell not mtead or poetpema the due date, or change the .moutrt, of the Periodic Payments. 3. Ptmda for Ewxow Items. Borrower shell pay to Lender on. the day Periodic Payments are due uaebr the Nou, until the Notes hs paid in tu11, a sum (the "Fuantk') to provide tot payment of amounts due for (e) texas and asmamann and crier iseme which oats atema priority over this security Instrument ere s Ilea or emcomhxaaea Co the Property; (b) leasehold payments or ground nets on the pOy. if any; (c) premiums for any and all insurance requited by Fender under Section S; and (d) -Mortgage ht+uranee promiums, if any, or any sums ble by Borrower to Lender In lieu of the payment of AIasueaaee premiums In with the provisions of Section 10. These items are a Ued w Items.' At origination or at my time during the term of the Lean, Lander may require that Community Association Thus, Fees. and Ameaemenn, if any, be 1 w-wed by Borrower, sad such dtuc, few and assessments Shall be an Escrow Item. Borrower shall promy furnish to Lender ad notices of amounts to to paid under this Section. Borrower Shall pay ptlder the Panda for Pwtow Items unless Lender waives Bormwer's obligation to pay the Funds for any or all Ewrow Itemas. Leader may waive Borrower's obligation to pay to Lender Funds for say or all Bscrow Items at Say time. Any Such waiver may only be in writing. In the event of sueb waiver, Borrower shall pa directly. when. and where payable, the amounts duo for any Barrow Nine for whicb pa ant of Funds has been waived by Leader and. If Leader requires, shall furnish to Lander avidenclat: such payment within such time period m Leader may require. Borrowers obligation to made such payments and w provide receipts shall for all pupeees be deemed to be a covenant and agreement contained in this Security lnstrumtent, as the phrase 'covenant and agreement' is used in Section 9. If Boemwer is obligated to pay Barrow Items direetlyy, pursuant to a waiver, and Borrower fails to pay the amount duo for an Farrow Item, Leader may am Is in rights under Section 9 and pay such amount and Borrower ball then be obligated under Section 9 to repay to Lender any such amount. Leader may revoke the waiver IS to any or all Paorow Items at say time by a notice Svan in accordance with Swdon IS and. upon such revocation, Borrower shall pay to Lender all Funds, and In Such amounts, that ate then squired under this Section & Lender easy, at any time, oolleet and 'hold Funds in as amount (a) sufficient to permit Lender to apply the Funds at the time specified under RPSPA, and (b) not to exceed the maximum smaurt a lender on require under RESPA Lander shell estimate the amount of Funds due on the basis of current date and reasonable estimates of expenditures of future Escrow Items er otherwise in accords= with Applicable The Funds Shall be held in an loan, inatrumeatelity, or entity (ineludifti Lem (nsuaed) or in aqy Poderd Home Loan E Items ao later than the time specified t holding and apvlying the Funds, annually Items, unlaaa Leeaader ppaayyss Borrower Were make such a charge Unless an agreement to be paid on the Funds, L wdtr shall not' the Funds Borrower and Land" can we Funds. Leader shall give to Borrower, a regained by RESPA. on. ate xvnc made in wr requited to in wriO& h( pout charge. FiHVIA are insured by a federal agency, nstitution whose deposits are so ay the Funds to pay the Escrow Shall not charge Harrower for Stmunt, or van" the Dwrow ,p?table Law permits leader to Ipplirsble Law requires interest rower any interest or earnings on -eAVAi moan MN w ., io wow, that interest shall be pad on the an atauai accounting of the Funds as ud.aua B .m worm aces tro+ BK 1747PG4203 if there is a surplus of Funds held in escrow, as defined under RHSPA, Lander shad euount to Borrower for the excess fww in accordance with RMWA. It these is a ehorlage of Fonds held in escrow, a dedtned under PMPA, Lender shall notify Borrower an required by R W, and Borrower shad pay to Landes the amount necessary to make up the shomp in sacoedaneo with RWA, but in no mare than 12 monthly payments. If these is a deficiency of Pands held in escrow, w defined under RESPA, Leader shall notify Borrower as required by RfiVA, and Borrower shall pay to Lan der the amount cannery to make up the deficiency in &=a *= with RMPA, but in no moan thaw 12 monthly psynionto, Upon Payment in full of all arms secured by thin Security Instrument, Leader shW promptly refund to Borrower arty Fonda held by Lander. d. Charge, Liens. Borrower daU ply all taxes. sesesaments, eharg a, fines, and impositions attributable to the Properly wnkh acre allda priority over this Security Instrumart, Inschold payments a Punt! reate on the Property. if any, and Community Association Dues, Pea, and Aasessmonts, if any. To the w ant riot these items m Escrow teems, Borrower shall pay them in the manner provided in Seeder. 3. Borrower shall promptly diaebarp any lien which her Priority over this Security Instrument unless Harrower. (a) arm m writing to the payment of rite obligation secured by the lien in a manner acceptable to Lender, but Daly so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lies in, legal proceedings which in Lender's opinion opersta to prevent the enform ant of the lien while those proceeding are pending, but only until such proceeding are concluded; or (o) a cum from the holder of the lien in agreement satidectay to Leader subordinating the lien to this Security Instrument, If Leader determines that any part of the Property is subject to a lien which an main priority, over this Security Instrument, Lander may give Borrower it notice Identifying the lien. 'Within 10 days of the date on which that notice is giveri, Borrower shell sandy the lien or take one or more of the actions art forth above in this Section d. Leader may recore Borrower to py a one-time oharge for s reel estate tax verification andfa service wed by Linder in connection with two Loan. S.?y fasarsisoc Borrower SW keep the improvements now eaieting or hereafter erected on the Property iasurcd apiy? lures by fire, ban & included within the term "a:teaded covarspe,• and any other harards fnelud(ag, but not limited to. earthquakes and floods, for which Lander require insurance. This insurance shall be maintained in rho amounts (inducting deductible levels) and Qtr the periods that Lender requires. What Lander requdtse pursant to the preceding nectarine can change during the term of the Loan. The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower a choler, which right shall sort be examined unewarashty. Lander may to Borrower tc ppaqyy. in connection with this loan, either. (a) a one-dine charge for flood zone determination, certification and tracking services; or (b) a owiime charge for flood acme determination and airtifintioa service and uubsequeet charges each time remapplage or almilar charign occur which reasonably might affect ouch determinadoet or cerdfiiation. Borrower " also be responsible for the payment of any fees imposed by the Federal Emergency hdnagememt Agency m connection with the review of any flood zone ddaratimdom resulting from am ob*dou by Borrower. If Borrower fails to maintain arty of the coverages described above, Lender may obtain insurance oovertge, at Lendara option and Borrower's atpensa. Lsoder Is under no obligation to purchase t or mp"oulair ight not protect Borrower, Borrowers equity in the Property, g shall cover the conuna oaf but might awt.t: ik-SAPA) toaoe ace .r a Fans 3030 1101 OK t 747FS4204 the Property, against any rink, bawd or liability and might provide greater or lacer coverage than was previously in effect. Borrower acknowledgm that the oars of the Insurance coverage so obtained might significantly moved the cost of iraluru" that Borrower could have obtained. Any amouda dlst nod by Lender trades this Section 5 -hall become additional debt of Borrower date ed by thl iii s?1 =mm? These amounts shalt bear interest at the Note rate from the Borrower .. - . wiuu such interest, upon notice from Leander to requesting payment. All inseuaues policies n q',AM by Lander add ranswahs of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, stud shall name Leader sec mortgagee and/or as an additional loss payee. Leader shall have the right to hold the policies and renewal certificates. If Leader regttires, Borrower shall promptly give to Larder all receipts of paid Femiuma and re amrel notices. If Borrower oblain s say form of insurance coverage, rot otherwise required by Lender, for damage to, or destruction of, the Property. such policy shall Include a shard mortgage clause sod shall name Ladder as monp pee and/or as an additional lase payee. In the event of lam, Borrower shall give prompptt notice to the insurance curler and Lender. Lander may nuke proof of loss If not made prom; y by Borrower. Unless Lander and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, If the restoration or repair is economically feasible ad Lender's security is not lessened. During such repair and restoration period, Leader eball have the rlght to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work W been completed to Lender's satisfaction, provided that such In"on shall be undertaken promptly. Ieada may disburse proceeds for the repairs and restoration in it single payment or in a names of prograa payments as the work is completed. Unless an aSmament is made in writing or A Me Law requires interest to be paid on such insurance peeem I , Lander shall runt be re4W to psy Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be to mote obligation of Borrower. If the restoration or is rot economically feasible or Lender's eernuity would be lessened, the insurance preoesda -haft be applied to the sums secured by this Security instrument, whather or not then duo, with the 1- ! , if any, paid to Borrower. Such h mmum proceeds shall be applied in the order provided for is Section 2. if Borrower abandons the Property. Leader may file, negotiate and settle any available Insurance claim and misted matters. If Borrower does not respond within 30 daya to a notice from Lander that the insurance artier has offered to settle a claim, then Lander may negotiate sod settle the claim. The 30'da/ pent )d will begin when the notice Is given. In either event, or if lender acquires the Property a section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrowers tights to any Insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument. and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, iasofar w such rights are applicable to tha coverage of the property. Lender may use the Insurance proceeds tither to repair or restore the Property or to pay amounts unpaid under the Note or thisSecurity Instrument. whether or not than due. 6. Oecupsacy. Borrower shall occupy, establish, and use tie Property as Borrowers principal roddatce within 60 days after the emcutien of whin security Iostruffam and shall continue to occupy the Property as Borrower's principal residence for at last tae year after the InWANf?[? air-aAVAI seem .,,, r., 1a : •" Fares snag trot 8K 1747PG4205 date of occupancy. unless Leader otherwise asnes in writing, which consent shell not be •unraeonably withheld, or unless eitanuating droumetancee oast which are-beyond Borrower's Maud. 7. Preservation, Maintenance and Protection of the Property; laspectimm Borrower shall not destroy, or impair the Property, allow the Property to deteriorate or commit . Whether or not Borrmwer is residing in the Property Borrower shall wants on the Property. maiawn the Prot?a ty is order to prevent the Property from detwiorating or decreeauog to value due to its eaedidon L7alew it is determined pursuant to Section S that repair or rataation is not economically fonsible, Borrower shall promptly repair the Property If damaged to ovoid further deterioration or damage. U insurance or condemned procteds ads ;Wd in connection with damagt to, or the taking of, the Property, Harrower shill be despoodble for repairing or restoring the Property only it Lender has released Vooeeds for such putposea. Lender may disburse proceeds for the repairs and restoration in a single payment or in a striae of progress payments as the work is complated. 11 the insurance or condemnation Ftoc. are not sufficient to repair or restore the Property, Borrow is not relieved of Borrower s obligation for the completion of such repair or restoration. Lender or its aged may rake reasonable entries upon and inspections of the Peoperty. if it has reasonable cause, Lander may kwpmt the interior of the tmprovemests on the Property. Lender shall give Borrower notice at the time of or prior to sucb an Interior inspection specifying such reasonable cause. S. Borrower's Loan Application Borrower shall be in default if, during the Lou application process. Borrower or any persons or entities sating at the direction of Borrower or with Borrower's knowledge or consent Revs materially fake, mtales&ns, or inaccurate information or statements to I adder (or failed to provide Leader with material information) in oonneetion with the Lan. Material repraentsdons include. but am not limited to, representations concerning Borrower's oacupaney of the Property as Borrowe{s prig! tY l residence. 9. Protection of Leader's Interest In the Property and Rights Under, this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) thews is a legal that might significantly affect Lendars interest in the Property andfor rights uttokr this 9tcud?rument (such as a proceeding in bankrupecy, probate, for cotdamnatioa or foutaituro, for entoreement of s lion whio5 may at4in priory over this Security Instrument or to agtota laws m reguladom), or (c) Borrower hoe abandoned the operty, thin Loader may do and pay for ahatever k reuonable a epproprltte to protect Pr a interest in the Property and rights under tints Security Tmtrttment, iaeludirtg protecting ror t aseenong the value of the Property, and securing andlor tapairtng the Property. Lander e era faclude, but ors not limrtad to (a) paying any alma secured by a liens wbisb hat ?taaty over the Saetaitp Imtruramt (b) ep rn couril and (c) paying reaeogtble attorneys toes to protxt its iataest in the Ptop?ty aadlagrb% tinder this Secuuity Iwerummt inolud3ng tts necur position in • boal proceeding Securing the Property iacludea but is not limited to, entering the Property to ra a repri», change locks, rapkca or bard up doom and windows, drain water from pipes, eliminate building or other code violations or dangerous conditioae, and have utilities turned on or off. Although Lender may take action under this section 9, Lender does not have to do so and In not under say duty or obligation to do so. It is speed that Lander incurs no liability for not taking any or all action authorized wader this Section 9. Any amounts disbureed by Leader under We Smion 9 "1 become additional debt of Borrower smured by thin Security Instrument. Thos amounts shell bear interest at the Note rata Mfflds eve"Al MOON ?/ Form 2030 1/01 8KI747.PG4.206 the date of to Borrower requartis if this Swikity I of the lease. If Borrm merunless Lender i 10. the Loan, Bmtoa sir al IL for arev reason. the and shall be payable, with such imeraq upon notice from Lender oa a leemhoId, Borrower SW woaay with all the provisions as title to the Property, the leasehold and the tea title shall not merser in writim. pparo?mI?ms required to obtatn dwsly rn affect, at a cost subsl LICleas reserve la refundable, notwithstandins the der regtdred I'M Insurance as a condition of mWdog Ivms required to Main the Mortgage Insurance in affect we coverage requited by Lander caaaa to be available from ovlded loch Insurance and Borrower was requited to mate the premiums for MMV htaaence, Borrower shall pay 0 substantially apavaleat to the MortPm Insurance till ly equivalent to the cast to Borrower of the Mortgage an alternate mortgage insurer selected ty Lander. If rocs coverage is not available, Borrower ahatl continue to Itely dalpated payments that were due when the insurance ads will accept, use and retain these payments as a of More Insurance. Steep Was reserve shall be n that the Lea is ultimately paid in full, and Lender shall not be required to pay Burrower any interest or ate on Imleh lose reserve. Lender can no longer require loss resevepayMents if Mortgage Insurance cov4rage (in the amount and for the pond that Lander requdrea} Vrovided by an insurer selected by Lander again becomes available, is obtained, and Leader requires sagp?rtaudy daipated payments toward the premiums for Mortgage Laurance. 11 Lender required Mortgage Insurance as a rendition of mating the Loan and Borrower was required to nuke separately dengnated payments toward the premiums for out a Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in Hteet, or to provide a non-refundable low reserve, until IandaIs requirement for Mortgage Insurance seeds in accordance with any written agreement between Borrower and Leader providiQg for steep term{tution err uatr7 termination is required by AppUcable Law. Nothing in taus Section 10 effects Borrower's obl{gaton to pay interest at the rateyrunded in the Note. Mortgage Incurs= ii imbvrsss Lender (m any eaAty that purchases Ute Note) for csruia lasses it may is w if Borrower done not repay the Loan as agree& Borrower Is not a party to the Mortgager IMuirueuras renee. Maegsge evaluate their total riot on all such insurance in force from time to time, and may enter into agreements with otheryarties tbat share or modify their eve, or reduce looms. These agrearrtents aft on terms and u otl-wo that are atidwsory to the mortgage insurer and the other party (or putres) to these agreements. Three agreements may esquire the mortnie Insurer to mate payments using any sown of fronds that the mortgage n veer may have available (which may Include funds obtained from Mortgage Insurance mums . As a result of thew agreements Leader, nay purchaear or the ate, another Insurer, any raiseuret, any other entity. cr any affiliate of any of the foregoing may receive (directly or indirectly) amounts that derive from (or might be shancmrind aa? a poruon of &umwees payments for Mortgage Insurance, in etnhasgp for ahaeag or made?y(n? the Mortgage Imarees reek, or reducing losses. If such agreement provrda that an sfMmitta of iLeder takes a share of the insurer's risk is exahapge for a share of the vremiuma paid to the roarer, the arrangement is often termed "captive ceframnos." FtMher: (a) Any such agraccavafa will not affect the amounts that Borrower has agreed to pay tot Mortgage Insuranvs, or may other terms of the Loan. Such slgseemeats will not increase the amount:Borrowor will owe for Mortgage Insurance, and they will not entitle Borrower to nay (b) Any roc respect to the M -6A(PA) Mae will not affect the riOu Borrower has - if an - with ice under the Homeowners Protection Act of 1998 or any IMtIaIY, u42 ,,,, a ., ,a / b 7xi Farm 9039 that OK f 747PG4207 other law. These ruts may include the rapt to receive eertain disclosures, to request and obtain caaaellastoa of the Mortgap 7naoranae, to lave the Moripp Iasur¦oec terminated automatically, and/or to reeeivs a refund of any Morrl!yysa??ae Insurance premiums that were unearned at the time of such cancellation or termira om 11. MsU went of M woilaneoua Proceeds. Forfeiture. All Miscellaneous Proceeds are hetebs to and shell he m Leedrr. II the roperty is dama"?alath dGeoellaneo?m Prooeede e1v11 he appllad to restoration or repair of the Property, if the restoration or repair ie eocmomimUy fasibk and Lecda's eeeurc3q Is not ]sassed. During such repar and tsatorathoa period, Lender shall Lave the dQet m hold such Miacetlsneons Proceeds umil ].ender hse Lad as ooppppoorrttwuaiity to ' such Propsrey to ensuro the wnrk hu been completed to Iander'e sates provided ere such inapeelien shat] be undertaken prontptlY. I ender may pay for the repairs and rwtaratiott in a single dtrbursemeet or la a series qt payments se. rite work a cmmplered Unlaw en agtesmertt is made in writing er le I.sw tsquttas inttuaet to be paid em shish bGeeellamous Pracesde, Leader stall cot be requirod to pay Borrower any interest or eanhimga on such INisceileneoue 1'taceeds if the restoration or repair is not ecnooaaiaall feasible or I ender a mourlty would be lessened, the Moodlaaeous Proceeds shall be applied to the some securad by this Security Instrument, whether or not then due, with the mom, if any, paid to Borrower. Such Misoslleneous Proceeds shall be applied in the order provided for in Section 2 In the event of a total taking, destruction, or lose in value of the property. the Miscellaneous Proceeds Odell be applied to the sums secured by this Security Instrument, whether or not then due, with the etcass, if any na{d to Borrower. In the even[ of a part( takla& destruction. or lose In value of the Property in which the fair market value of the property immed istaly before the partial ulbog drrrueteon or lass in value Is equal m or greater than the amount of *a sums sawed by this Sxurity la=mmed immediately before the partial tsking, daar.mtim. or loss in value, unless Borrower and Lender otherwise It in wasting, the sums attired by this Security Instrument shall be reduced by the amount of she NGwellateous Proeeede multiplied by the following freadoe: (a) the tout amount of the suing entitled immediately before the partial taking, destruction, or loss m value divided by (b) the fair market value of the Propmly immediately before the partial tddug, destruction, or low in value. In the event of a par" taking, market value of the Property Immed law item the amount of the sums m low in value, unless Harrower and 1 shall be applied to the awns secured due. If the Property is abandoned by Cvpoeina Party (u deflued in the t to that, in l.ms impairment of I m Borrower ccanngcom e Ij recta for[einue (M^eAIPA) 10000 to the rim -I hate t'ae third fiult bas a m If any 's interest in tea a defppauult and, if Ere Prosemtc ctioe, or low in value at the Property In which the fair before the partial to destr? or low in value is immediately before the partial tea action, or othenriae agree In cadqq'ng, the haca Proceeds a Security Instrument wltathar or not the sums an than. )war, or it after notice by I aada to Borrower that the create) ;lifts to nuke on award to settle a claim for Oder within 30 days after the date the notice is given, ured by this Security Instrument whether ro not than uty that owes Borrower Misoellaoeoos Proceeds or the d nation is r?aM to Moccusneous Proceeds. tics a prooroeding whether civil or crizahmi, is begun it ins forfeiArro d>f the Prop" or other material Property or rights under this Security Instrument accatentitln has occurred, reinstate as provided in Section IMtlae %no* .... 100 ,a IIZ(W Fail Soso 1/01 BK 1747PG4208 a Seccsfty instrument The Xacao& of say award or claim for to the tmyairau rt of Lenda{s Interest in the Property are hereby -All Misoell¢nawis Proceeds that aM? ped to restoration or repair of the P operty shad be applied in the order provided for to 2. Borrower Nat Rolm": Forbearance, By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Indrumeat granted by Leader to Harrower or any Suxeesor in Interest of Borrower shell not Operate to release the lability of Borrower cc Sumsears is Interest of Borrower. Lender shall not be required ro comments promadirrgs any Su ccoseor in Interest of Borrower or to refuse to intend time for payment or othererae modify amortization of the sums secured by Shia Security Instrumem by reason of any demand msda by the or{gt'nal Borrower or any Suueesaora In Interest of Borrower. Any faxbawance Lender in eseroteiac any right or remedy includinE, without limitation, Leader i rrdddd Interest of Borrower or in Prec1u3de ythe e a ci of my 1 Seven mveoents and"that E V Borrower who opraifs is co-sipfu this Sacs Purees In the Property u obligated to pry the asm+s s other Bormwer can agree to shows" of this StmrSty L released from or" to such bind (such as cceptmee Of p teem from thi pxeosa, entities or Successors in Motion lees than the amount then due, shall not be a waiver of or signers: Snow sors sad Assigns Bound. Borrower lions and liability shall be joint and several. However, erumemt but does mot aaecule the Note (a "eo'dgrur"): only to smortgage, gratlt and convey the oo-eogmeds of this Security Iastrueteu t; (b) Is not personally ncurity Instrument; and (c) agrees that Lender and any ,forbear or mute any accommodations with regard to s of Section 1% any Shia Security Ioamu r say of at 14. Loma tafatges, IAndw may cMrp Harrower fees t( with Borrower's default, for the purpove o protecting Lender under this Securrib Instrument, mduding, but ant limited to, and valuation fees. In ragerd to any other few, the abrats c Instrument to Charge a specific tee to Borrower shall not bur charging of such fee Lander may not charge fees that are a Inssutnent or by Applicable Law. If the Loan is subject to a law which seta interpreted so that the interest or other loan d with the Loan exceed the permitted limits. them amount necessary to reduce the chairs to fchoosew d snake this refundraeluo?t" og t payment to Borrower. If a refund radix meat without any prepayment et un the Note). Borrower's acaptattce c will constitute a waiver of any right overc is. oi!Ms. All notion given by Instrument muss be in writing. Any Ck-s?IPA) moos agreements of of Borrower who assumes approved by Leader, shall tart. Borrower awl ant be instrument unless Lander u security Instrument shill as a promamon on tae hibited by this Security mazinsom loan charM and that law Is finally argas toUaatad or to be collected in conoection (any such lose charge shall be reduced by the wittteedd limit; and (b) say sums already oollected to will be refunded to Borrower. I ender may V owed under IM Nate or by making a direct she reduction will be treated as a osrtial er-or not a t charge is provided For rah refund ca=reer p gmesat to Borrower on Borrower might have arising out of such Borrower or Linder In connection with this Security notice to Borrower in connection with this Security wn.ca,yZ_..a r.w i t .r ,. Form 9030 1101 II747PG42€l9 Instrument shall be deemed to have been. Oven to Borrower when mailed by first class mail or when actually delivered to Borrower's aohce address if sent by other mama. Notice to am mie Borrower dull constitute notice w all Borrowers unless Applicable Law mpresc(y requires otherwise. The notice address dull be the PropertyAddreas unless Borrower has designated a a0adtote notice address by notice to Linder. Borrower shall promptly notify I attder of Borrowers change of address If Leader apecifin a procedure for reporting Borrowers of eddrem, than Botroam eball eoly report a change of ed4teee tbmulh that specified pure. Than may be only one dedgtuted notice address under this Security In"ent at any one time. Any notice to Lander shell be liven by delivadng it or by manning it by first den mail to Undoes ddresa stated herain unless lender has designated another addrow by notice to Borrower. Any notice In connection with this Security Instrument shall not be doomed to have been given to Larder until actually received by Lender. If an nodes required by this Security Instrument is also :squired under Applicable Law, the Applicable Law requirement will satisfy the corn?p? rreeqquirement under thisSeaui Instrument. I6. (#ovverain Law; Severability; Isla of Construction. This Security Instrument shell bs loveraed f law red the law o! the jrcladiction in which the. Properip 1e. located All obi tiane eorrtaisad la this 8eowity laattvtneot ors subjsor to any req+urements srel and Itmttattons of cable Len. Applicable Law m?drt eaplidtly or implicitly allow the parties to not bagreeeat bit oon?traet Inthe even thdamtlaaa .hell sot bo corutlrud se a prohilahon Y say lxovidcn or clause of thrs Security Bpi Instrument or the Kota co:rfiicbt with Appliable Law, sttoh conflict shell rat affect ocher prwiaions of this Sactuity Instrument or des Note. which aeri be liven effect without the As heed in this Secud%Y Iastromant: ice) words of the msecnline gender shall mom and include corresponding neuter wade or words of the feminine gender; (b) words in the singular shell mesa and include the plural sad vice versa; and (c) the word "v%W gives sole diatxetion without aqv obligation to take any ectioa 17. Borrowers Copy, Borrower shall be given one copy of the Note and of this Semrity Instrument. IL Trander of the property or a Beneficial Intarest in Borrower. As used in this Section 16, "Interest in the Property" mom any logd or beneficial interns in the Property. including, but not limited to, thaw bana!•icial interests transferred in a bond for deed contract for deed, inwtailment mica contract at - in - w agromant, the intact of which Is the 1;;;der of tide by Borrower st a future data to a If all or any part of the or say Interest in the Property is sold or traafeeced (or if Borrower is not a natural person and a beneficial interest la Borrower is sold or transferred) without Lender, Prior written consent, Lender may spire Immediate payment In full of all sutras secured by this flocudtp Instrument. Howwver, this option shell flat bo exeroieed by Lander if such excuses is prohibited by Applicable Law. If Lender e:ercieee this optian. Laodor shell give Bormwec notice of acceleration. The notice ehaLL provide a period of not lose then 30 days from the date the notice it given in accordance with Section 11 w!Wz which Borrower must py all wens oceured by this Security Inentricat If Borrower falls to these sums prior to the expiration of this period. Leader map revoke any ittcd? remedief or a Ii twar say tuna Onion coo tbn ees of: a) flue days before sale of the Property pursuant tp any power of eels contained in bile 8esutity Inatrurnent; (b} such order plod ss Appliable Law mrpbt eDetify for the termiaadoa of Borrower's right to rataateta¢or (e} navy of a)adgmant antorrnas ta?up Security Instrument These eoaditioaa are that Borrower (a pays I cedar art wine ."MAIM 4ft-"A) eeaq rw law 1e _.?974 f=arm ""a 1101 BK 1747PG421 0 which then would be due under this Security Irmanmeat and the Note as If no acceleration lout occurred (b) cures a.1 ddaott of say other, covenants or agreements; (c) prop all expaosee incurred in eafoteing this Security Instrument, iaaiudlpg but not limited to. reasonable n few, property insi ft and valwtion faM and other toes incurred for the payees of pro?g Lender's interest 3a the PrdPerty and rights under this Security Instrument; and (d) takes such action as isadsr may raeonably require to same that Lender's interest in the Property and rights under this Security Instruenerk and Borrower's obligation to =Ire some secured by this Security Instrument, shall continue unchanged. Lender may raq,dre that Barrower pay such rarm mei t sums and expgnm in one or molt of the following forms, an selected by Lender: (s) seat (b) money order (a) certified clack, bank check, trmeixm's check or ashlar's chock prove any such check is drawn upon an institution whose depots are insured by a fedeta{ awn , instrumentality or entity,, or (d Bleoaooic Funds Transfer. Upon reinsuAmment by Sorto?war, *it 9ecurliy hstrumeat sad o iptiora secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the ass of acceleration under Section IS 20. Sale of Note. Change of Loan Services; Notice of Grievance, The Note or a partial interest in the Note (tossther with this Security Iasimment) an be sold one or molt times without prior notice to Borrower. A ale might result in a change in the entity (known as the "Loan Servioer') that collects Periodic Payments due under the Note sad this Security Instrument and fletf 8 COW mortgage loan servicing obligations under the Note, this Security Instrument, sad ppliable Law. Thera also might be one or molt absnge of the Loan Servicer unrelated to a sale of the Nan If the" is a change of the Low Serviar, Borrower will be given written notice of the change which will state rho name and address of the new Loan Servicer. the address to which payments should be made and any ether information RESPA tetprlme in connection with a notice of transfer of awviclog. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Noes, the mortgage Joan servicing obligation: to Borrower will remain with the Loan Serviar or be ttansterred to a successor Loma Setviow and alt not assumed by the Note purchaser union otherwise provided by the Note purchaser. Neither Borrower nor Leader may commence, jots, or be joined to any dal action (as either an Individual litignit at the member of a class) that arise from the other party's actions pursuant to ibis Security Instrument or that alleges that the attar pert has brachad pr on. of, or acy duty owed by sawn of, this Security Instrument, until such Borrows ro Lender has notified the other party (with such notice given Ina compliance with the requirements of Section aaction. pplli b La s reasonable a ti o after ouch the giving lof such noticee?to btake. corand which must shapes bdm certain action air be taken, that time period will be deemed to be reasonable for purpose of this paragno The notice of acceleration and opport silty to erne Borrower pwsuaut to l3aeon22 and she antis of aooelarsYoa giver to Borrowor ve givl a?evlm of asardLathe full eulsamee gasoline, kaaeene, other ilammahte err to>da pe?oleunm pprroducts, toxic peetioi and herimidda volatile rolvents msteriala coataini eahaaeaa or IsrMaldeh?de, sod rau0aauntve materiatp (?) "Environments( IsW" meaaa tadenl?awa end laws of rho junedietion whero the 1'top4ttY b loesud that relate to Iralth, safety or eaviroamentel removal motion, ?ne?diinBniviroomweduLsW;aad (d)8tivironrn?mW Cooditin'imom a condition that an arse, oaariburos to. or otherwise trigger an Environmental Clesnup. Aa14Oae Initials y? -QA) mom hN 13.1 is FUM iOaY 1101 7fr?' /' I WII747PG42 t Borrower shall not cause or pewit the preemce, use. disposal mstorage, or Misses of Any Hsrardow Substances, or threaten to release say Hazardous Su , on or in the Property Borrower shall not do nor allow anyone. else to do. anything atfating the Property (a) thaf ism violation of any i!;Rr mtal Lew. b) which crates an Dwimumental condition, car (c) which, due to the presence, use, or release of a Hazardous Substance. creates a condition that adversely afiaete the value of the Property. The preceding two sentences shall not apply to the " small normal ddential of presence, reecogni zed to ben9propr Pro to uses &W to maintenance of the e ty (includ?eag, but not limited to, hazardous substances In consumer products). Borrower urhdl,ptompdy give Lender written notica of (a) any investigation, claim. demand. lawsuit or other ae=on bbyp a??v armnentd or regulatory agency or private party involving the sdd eqy Hsuuaedous t th 6apnce or Environmental lea of which Borrower has actual know] (b) any Environmental Cots iti meluding but not limited to, any ng. talking, discharge, ieleea or threat of release of anycoHetardous Substance, and ((a) aanDyy =troy awed by the presence, tae or release of a hazardous Substance which adve ,affects the value of the Property. It Harrower ]seine, or Is notified by any governmental or regulatory authority, or any veto party, that =try zamOvai or other rwaodiation of any Hazardous Substance affeating the is accessary, BOtrowar shell promptly taker all naanry remedial actions in ac with vironmental Law. Nothing herein shall crate any obligation on Lender for An Environmental Clamp. NONUNIFORM COVENANTS. Borrower and Lender further coverunt and agree as follows; 22. Acceleration; Remedios. Leader shall give notice to Borrower prior to acceleration following Borrowers broach of any covenant or agreement in this Security Instrument (but not prior to aeosleration under Section 18 unless Applicable Law providss atherwiu). Lender shall notify Borrower of, among other things; (a) the default; (b) the action required to cure the default; (c) when the default most be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Secwftpp tutromeat, foreclosure by 144k l proceeding end sale of the Property. Lender ahal{ further inform Borrower of the right to reinstate after acceleration and the right. to cart In the foreclosure proceeding tba caw-ezistana of a Qefault or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified. Leader at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedia provided in this Station 22, including, but not limited to attorneys f=ee and costs of title evidence to *a extent permitted by Applicable Law. 23. Release. Upon, payment of ell some secured by this SacuritT lwtromant, this Security Instrument end the sstate conveyed shall wralnets and become void. After such oaanrenee, Lander shall discharge and set!* this Swung Irstroment. Borrower shalt lay any recordation costa. Lender may charge Borrower a fine for relcesiug this Security Iaetnrmam, base only it the fee is paid to a third pang for rrv(aa rendered and the cbarging of the fee Is permitted under Applicable Law. 24. Waivers, Borrower, to the extent Appmlcable Law, waives and nausea any senor or defects in proceedings to enforce ffite Seeurity7aehVeAt, and hereby waives the benefit ;of any Ix t or future laws ppt9vldia= for stay of execution, extension of time, emmpthon from attachment, levy and sale, andriomestaad azemptioa. IgiNal! .?M? G?-MJPAI Page RI, 14 M 1e / F" 7090 1101 11747PG4212 Ye ZS, Utletatement Period. Ikau va a time to reimate pstrvidrd In 8ec3ion 19 shall extend to one hour pn to-the commencam mot of bidding at a abenff a ado of otbar ale puramt to . this Seavity rl temment. 26. Porchue Money Mortgage. If any of the debt secured by this Swu ity Instrument is lent atoo Borrower to acquire title to the Property, tbia Security Instrument shall be a purchase m 17. Inntter?est Rate After ludgumt. Borrower agrees that the interest rate payable after a udgmaat is entwed on the Note or in an audoa of mortgage fatecleaure shall be the rare payable From time to time wader the Note. BY SIGNING BBWW, Borrower accepts find ads to the terms and e0mmts eommined in this Security Instrument and in any Rider eza rated by Borrower and ramded with it. Witnevewc (Seal) -Barrorvar (SW) a0rY0war nvo*? (Seal) -tlorro.er J X L. MILLER '(Seal} •BOrtowa: STEPHANIE L. MILLER (Seal) BO"QWW (Baal) ? -8orra>ar -9AVN moan _ (Seal) .Bwmww (50111) -8meavar r.r. Is f la Feral 8019 1101 ON 1747PG42 t 3 Certificate of Beaidenoa I, Nancy J. Tanker do haraby certify that the correct address of the within-named Mort;alse is 3893 AIRWAY DRIVE, SANTA ROSA, CA 98403 Witnma sty hand this 25th day of Januat:y,. 2002 APO of MOVERS" COMMONWEALTH OF PENNSYLVANIA, CMERLAND County W. On this, the 25th day of January,, 2002 , baton me, the underdSnedd ofCoer,pmsortallyappeared JAMES L. MILLER, STIPMAN19 L. MILLER known to me (or satisfactorily proven) to be the person(a) whose namo(a) Win subscribed to the within iastrurneat and acknowledp d that helsbehhey emeumd the same for the purposes harein contaiaod. IN wnwm WHEREOF, I hereuato set my hand and official sal. 1dY Commission Esphw i NOfARIAL9Ell NANCY J. TUNO N lary?psuaa4?Cy uio? j? 8.1096 Notary Poole Title of Offim BK 174 7PG42 t 4 N'. U0,s InHlala ??IM /? Pam 8031 1101 ,?-M9?A1 moan ALL THAT CERTAIN not of land situate hi Middlesex Township, Cumberland Comity, Peonsylvsnis, being identified as Lot 9 as shown an 8 Platt of lots blown as Phessant Crossing p vpaed for Realand, Inc., by Hoover Engineering Satvioea, Inc., dated August 10, 1998, appabved October 7, 1998 by the Middlesex Township Board of Supervisors, and recorded November 6, 1998 in the ofiloe of the Recorder of Deeds in and for Cumberland County, Pemtsylvanis in Plan Book 77, page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerlins of T-591 (Old Stone House Roadj- thence by Lot 8 of the afmnivotiaoed subdivision South Witty seven (37) dogmas filly three (53) minutes six (06) seconds West it distance of five bandied twomy-four and ninety-five handrodths (524.95) feet to an iron pia; thence by Lot 8 and by Lot 7 of the aforementioned subdivision South fby-two (52) degrees six (06) minutes frAy-fw (54) seconds bast a distance of three hundred fifty (350.00) feet to an iron pia; thence by Lot 6 of the aforementioned subdivision South thirty-seven (37) degrees fifty-three (53) minutes six (06) seconds West a distance of sit hundred ninety-one and fifty-nine hundredths (69159) feet to an iron pin; thane by Lot 11 of the aforementioned subdivision South eighty-eight (88) ftmas Rfbm (15) minutes zero (00) seconds West a distance of one hundred twenV4cvea and eighteen hundredths (127.18) feet to an iron pin; thmca by land now or formerly ofRobert Line and J. Edward Clouse North one (01) degrees forty-five (43) minutes zero (00) seconds West a distance of seven hundred seventeen and twenty-ibra hundredths (717.23) feet to an iron pin; thence by Lot 10 of the aforementioned subdivision North eighty-eight (88) degrees fifteen (15) minutes zero (00) seconds East a distance of two hnnthed sixty and thirty hundredths (26030) feet to an iron pin; thence by Lot 10 of the aforementioned subdivision North thirty-seven (37) degrees tl8y-three (53) minutes six (06) seconds East a distance of Svc hundred twenty-fora and ninety-eight humdredths (524.98) fat to a point in the centerline of T-591; thence in along and through due oertwkin of T491 South RRy-two (52) degrees five (05) minutes twenty-four (24) seconds East a distance of filly (50.00) feet to a pow in the conterline of T-591 (Old Stone House Road) the place of BEODDZING. CONTAINING 7,281 acres of land as surveyed. BEING the same premises which Raland, Inc., a Pennsylvania corporation, by Deed hearing date ofthe 1st day of the October 1999, and recorded on the 18th day of November, 1999 in the Office of the Recorder of Dads in and for Cumberland County, Penwylvania, in Dad Book 211, Page 793 granted ad conveyed unto James L. Miller and Stepbarde L. Miller, husband and wife, UNDER AND SLIMCT TO restrictions and conditions as now appear of record. TaxMap#21-08-0573.133 this to t30 r6COrdod ?berlend Couuty PA f U00rder ofDoCAS 1t 174 7PG4215 Date: 0 James L. Miller 7006 0100 0006 1478 9799 296 Old Stone House Road Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see if HEMAP can help. You must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EA ,. ., 2) ,i HOMEOWNER'S NAME(S): James L. Miller and Stephanie L. Miller PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: LAW FIRM FILE NO.: 296 Old Stone House Road, Carlisle, PA 17013 8459546795 Washington Mutual Bank, FA Washington Mutual Bank f/k/a Washington Mutual Bank, FA 06-26678 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS.IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 296 Old Stone House Road, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: April 1, 2005 to May 1, 2006 @ $2,084.38 Other charges (explain/itemize): Late Charges: April 16, 2005 to May 16, 2006 @ 87.07 Pre-Default Late Charges: Suspense Credit to Borrower: Escrow Advances: TOTAL AMOUNT PAST DUE: $29,181.32 $1,218.98 $76.50 ($562.12) $10,139.54 $40,054.22 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable: HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $40,054.22, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Washington Mutual Bank 1270 Northland Dr. Suite 200 Mendota Heights, Minnesota 55120 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shaniro and Kreisman Address: 2520 Renaissance Blvd., Suite 150. Kin¢ of Prussia. PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Ilana Zion. Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 1/2612006 8:32:23 AM Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captlal Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveshlp, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Date: 5 *& 7006 0100 0006 1478 9805 Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): James L. Miller and Stephanie L. Miller PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: LAW FIRM FILE NO.: 296 Old Stone House Road, Carlisle, PA 17013 8459546795 Washington Mutual Bank, FA Washington Mutual Bank f/k/a Washington Mutual Bank, FA 06-26678 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS.IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies fo the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergencv Mnrtonve AQA.QtnnrP 1 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT-The MORTGAGE debt held by the your property located at: 296 Old Stone House Road, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS months and the following amounts are now past due: April 1, 2005 to May 1, 2006 @ $2,084.38 = Other charges (explain/itemize): Late Charges: April 16, 2005 to May 16, 2006 @ 87.07 = Pre-Default Late Charges: _ Suspense Credit to Borrower: Escrow Advances: TOTAL AMOUNT PAST DUE: above lender on for the following $29,181.32 $1,218.98 . $76.50 ($562.12) $10,139.54 $40,054.22 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not a licable : HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $40,054.22, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Washington Mutual Bank 1270 Northland Dr. Suite 200 Mendota Heights, Minnesota 55120 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then pas t due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: CIO The Law Firm of Shapiro and Kreisman Address: 2520 Renaissance Blvd., Suite 150, Kina of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Rana Zion, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 1/26/2006 8:32:23 AM Acorn mousing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Capital Region 1514 Deny Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 yf `?' O rq+?? py? At" 3 0? y 'y ? o, T ?'?r o w gg ? /+ • N ? e-O,L ? ? t ? ? 17i py T ""Oy (?l+ ? y U? ?i0 'J C L ?_' ? f ? O V?ry W? 7 f\ W N H (9 4 Coco y ?O, Xj V aape 14?6 Z F ? -?ppb plpp • @@@@ ? QQQ m < woo `? 8 f O? d A? IWO • f!1 9p?? A 'IV » o N$ 3 O on on .. revery onfi .,•.,ati n ? VERIFICATION Hana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiffs verification could not be obtained within the time necessary to file this pleading, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsification to authorities. SHAPIRO & KREISMAN, LLC BY: m ' Ilaz ion, Esquire Attorney for Plaintiff Dated: 0 ) q l0D W r IV1?] l il:x Lrl /k V yf?) K. MUTUAL BANK, Plaintiff V JAMES L. MILLER and STEPHANIE L. MILLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3527 CIVIL TERM[ JURY TRIAL DEMANDED AND NOW, this 9 day of August, 2006, comes JAMES LJ MILLER and STEPHANIE L. MILLER, Defendants; and, in response to Plaintiff's Complaint In Mortgage Foreclosure, avers the following: 1. (a) Admitted. (b) Admitted. (c) Admitted. (d) Denied. After reasonable investigation, Defendants are unable to determine the truth or accuracy of the averments of this Paragraph; and, the same are hereby denied. Strict proof is demanded at the time of trial. 2. Denied. After reasonable investigation, Defendants are unable to determine.the truth or accuracy of the averments 'of this Paragraph; and, the same are hereby denied. Strict proof is demanded at the time of trial 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is denied the monthly installments of principal. and interest and other charges set forth in Paragraphs 7-9,below were due as of April 1, 2005; and/or have not been paid. It isl!denied that the whole of the principal and/or any other charges i?emized in Paragraphs 7-9 are due and payable. After reasonable investigation, Defendants are unable to determine the truth or accuracy o the remainder of the averments of this Paragraph; and, as a re ult, they are denied. Strict proof is demanded at the time of trial 7. Denied. After reasonable investigation, Defendants are unable to determine the truth or accuracy of the Avermentslof this Paragraph; and, the same are hereby denied. Strict proof ?s demanded at the time of trial. 8. Denied. The averments of this Paragraph are conclusions of law to which no response is deemed necessary. By way of answer, after reasonable investigation, Defendants are unable to determine the truth or accuracy of the Averments of this Paragraph; and, the same are hereby denied. Strict proof is demandedlat the time of trial. 9. Denied. The averments of this Paragraph are conclusions of law to which no responsive pleading is necessary. 10. Denied. After reasonable investigation, Defendants are unable to determine the truth or accuracy of the Avermentslof this Paragraph; and, the same are hereby denied. Strict proof ?s demanded at the time of trial. WHEREFORE, Defendants JAMES L. MILLER and STEPHANIE L. MILLER, respectfully request that this Honorable Court dismiss Plaintiff's Complaint and enter judgment in their favor and against Plaintiff without cost to them, but together with such costs, expenses, and attorneys fees as authorized by law and that this Court deems necessary, just, and appropriate under the circumstances. Respectfully submitted, VALee- S L. MILLER, Defend nt 2 6 old Stone House Road Carlisle, PA. 17013 Pro Se CERTIFICATE OF SERVICE The undersigned hereby certifies that he served correct copy of the foregoing Defendant's Answer To Mortgage Foreclosure upon counsel of record by First States Mail, addressed as follows: Dated: Kevin Diskin, Esquire Shapiro & Kreisman, LLC 2520 Renaissance Boulevard Suite 150 King of Prussia, PA 19406 a true and Complaint In Class United P06 J s L. Miller VERIFICATION I, Stephanie L. Miller, verify that the statements made in the foregoing Defendant's Answer to Complaint in Mortgage Foreclosure are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: po<? teph nie L. Miller VERIFICATION I, James L. Miller, verify that the statements made in the foregoing Defendant's Answer to Complaint in Mortgage Foreclosure are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: /510/q, 9 200 6 1 09*1 " / J L. Miller n Q 'T - I rc:; i 1m s r -DO 0 ? 1N THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY WASHINGTON MUTUAL BANK, Plaintiff Case No.: 06-3527-Civil Term vs. CIVIL ACTION JAMES L. MILLER and STEPHANIE L. MILLER, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff s claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $33,000.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiffs complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yourick, Jr., squire P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. Frank-E. Yourick, , Esquire Attorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the 1st day ol'September, 2006, I served a copy of the Answer to Plaintiffs Complaint upon the following by US first class mail, postage prepaid: Ilana Zion, Esq. Shapiro & Kreisman, LLC 2520 Renaissance Blvd. Suite 150 King of Prussia, PA 19406 Frank E. You rick, J squire Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 ? { ?et / _' ? ?}'? C ?? '7 ? ? ?_ j _- _ ?S {i? ?.s._ _' SHAPIRO & KREISMAN, LLC BY: MEGAN D.H. SMITH, ESQUIRE ATTORNEY I.D. NO: 84047 3600 HORIZON BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & K FILE NO. 05-26678 Washington Mutual Bank PLAINTIFF, VS. James L. Miller and Stephanie L. Miller DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3527 PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff, Bank of New York, as Trustee for Amresco Residential Securities Corporation Loan Trust 1997-3 ("Plaintiff"), by and through its counsel, Shapiro and Kreisman, LLC, hereby submits its Motion for Judgment on the Pleadings, and in support thereof, avers as follows: 1. Plaintiff commenced this Mortgage Foreclosure action by filing a complaint (the "Complaint") on June 20, 2006. A true and correct copy of the Complaint is attached hereto and marked as Exhibit "A". 2. On August 9, 2006, Defendants, James L. miller and Stephanie L. Miller ("Defendant"), filed an answer (the "Answer") to the Complaint. A true and correct copy of the Answer is attached hereto and marked as Exhibit "B". 3. In the Answer, Defendants did not respond to the allegations contained in the Complaint. 4. Therefore, pursuant to Pa.R.C.P. No. 1029(b) all of those allegations are deemed admitted. 5. Furthermore, Defendant admits that an arrearage does exist with respect the mortgage. WHEREFORE, Plaintiff respectfully requests Honorable Court enter the Order attached hereto. Respectfully submitted, that this SHAPIRO & KREISMAN, LLC BY: IkeqXrl- D. Esquire lA „n ( orn_ for Plaintiff Date: (,? SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN,-ESQ., ATTORNEY I:D. NO.86727 JOSEPH REJENT, ESQ., ATTORNEY I.D. NO. 59621 °?I?Ai?1?•?iON; ESQ"'1?C`iRI?EY"?I7:'``I8?1°? _ MEGAN D.H. SMITH,. ESQ., ATTORNEY I.D: N0.84047 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO.06-26678 Washington Mutual Bank COURT OF COMMON PLEAS 1270 Northland Drive, Suite 200 CUMBERLAND COUNTY Mendota Heights, MN 55120 PLAINTIFF NO: VS. James L. Miller .. 296 Old Stone House Road ` Carlisle, PA 17013 and Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 DEFENDANT(S) COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTERTHIS 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 MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ID I+- ler A?' PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW ATTEMPTING TO COLLECT A DEBT. ANY . -INFORMATION OBIT-kINED WILL' BE USED FOR THAT ..PURPOSE.... NOTICIA :. Wool >?E°?EMDO A U DS? + + S USTED TIENE VIENTE (20).DIAS DE PLAZO AL PARTIRDE LA FECHA DE LA - DEMAND Y LA-NOTIFICACION. USTED DEBE PRESENTAII UNA APARiENCiA ESCRITA O EN I!ERSONA O I'()RABt3GA30 I' ARCIIIVAREN LA COItTE.EN r.ORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU .PERSONA. SEA AVISADO QUE SI.USTED NO SE DEFIENDE, LA CORTE TOMARA - MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO; . VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street C arlisle. PA 17C t SHAPIRO & KREISMAN, LLC ; BY: KEVIN DISKIN, ESQ., ATTORNEY I.D: NO.86727 JOSEPH REJENT, ESQ., ATTORNEY I.D. NO. 59621 . MEGAN D.H. SMITH,. ESQ., ATTORNEY I.D. NO. 84047 2520 RLITAI.SS_y ZCE B1.,1v7D., SUITE 1?0 {ING 0 ' PRUSSIA, PA 19.106 TELEPHONE: (610) 278-6800 S & K FILE NO.06 26678 Washington Mutual Bank COURT OF COMMON PLEAS 1270 Northland Drive, Suite 200 CUMBERLAND COUNTY Mendota Heights, MN 55120 PLAINTIFF NO: VS. James L. Miller. ' . 296 Old Stone House Road Carlisle, PA 17013 and . Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Washington Mutual Bank, the address of which is, 1270 Northland Drive, Suite 200, Mendota Heights, MN 55120, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Washington Mutual Bank, FA Mortgagor Us: James L. Miller and Stephanie L. Miller (b) Date of Mortgage: January 25, 2002 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1747 Page 4199 Date: January 31, 2002 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. .(d)' Assignments: Y.. Assignor: Mortgage Electronic Registration Systems- Inc:, as-nominee for Washington Mutual Bank, FA gM0*% Vashii!2M1rMrrtual" B Boom As Recorded 2. I'll-intiff is, therefore, either the origin-1.1 Itlo:gaee named in she Mortgage, the'legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 296 Old Stone House Road, Carlisle, Pa 17013 and is more specifically described as attached as part of Exhibit "A." 4. The name and mailing address of each Defendant is: James L. Miller, 296 Old Stone House. Road,. Carlisle, PA 17013; Stephanie L. Miller, 296 Old Stone House Road, Carlisle; PA 17013. 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Morigage'is iin'default because the monthly iinstallments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of April 1, 2005 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and t?a, N0 7. The following amounts are due as of June 16, 2006: Principal of Mortgage debt due and unpaid $265,320.10 interest currently due and owing at 6.5% per annum calculated from March 1, 2005_at $47.25 each day. $22,349.25 Late Charge of $87.07 per month assessed on the 16th of each month from April 16, 2005 to June 16, 2006, (15 Months) $1,306.05 Escrow Advances made by Plaintiff $10,139.54 Suspense/Unapplied Balance ($562.12) Accrued Late Charges $76.50 Title Search/Report Fees $250.00 Attorneys' Fees and Costs $1,500.00 TQTAL $300,379.32 8. Interest accrues at a per diem rate of 47.25 each day after June 16, 2006, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff s sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. I0. Notice pursuant to' the Homeowners' Emergency-MortgageA ssistance Act of 1983, 35 P.S. § 1680.402c,-et sue.; was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of Decembe P1998 01-; 1248 N-160y-(AeIF-1fi0?; fl&Notlcovoriftimpthe itio do required by the "E"t of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and t : gate Notice -)f Intention r,> Fc-reclose is nct required. r' ies of the ItiTot'e ar attached hereto as Exh-; t "B." WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises: SHAPIRO & KREISMAN, LLC Date: I q- 0& - ... BY: Attorney for P ntiff S & K Ft' T` o. 06-26 J r.6.?ItdREf? MAUm.. pi' 02 JRK 31 all ,a•?:' { . * -RPtvt•tl To: NORTH AMER I VAN MORTGAGE iL"rt ?Li <u. a,0, BOX 80031. PETALUMA,•CA 04376-8031 FINAL REViE'N• AU 052 Farce Number: 21-09-0673--193 f9pace Aboio This Unoo For Recording Date YPA1 MORT±AV 1: 6835482-BB3 X104 ON 1000541-3000216529-e L. . - DEE!IIdITIONS . Words used io multi-pit soctlone Of this document we defies- below and other words aTe defined , . in Socdons 3, 11, 13, 18, 20 and 121. Cortaro rules regarding the usage of words used in this document arc also provided in S"oa 16. (A) "Security Instrumcnt" means this document. which in dated JANUARY 26 , 2002 tovc*tl>.er with X21 Riders to tME' domrrent i j `"xtorA ?''-;'? Is JAMES L. 'r:1 UL? AND, STEPHANIE L. MILLER borrower is TJun mortgagor Ua ar :his , :3 ?:s:rument, (C) "1?iFAS' is Iviortgage Flectvnie Registration Systems, Inc. UMS is a separate corporation that is acting soldy as a pomiaea !or Leader and Lender's sucoesmrs and assigns. MFRS is ehe aaortg3gee Under this Security Instrument. MW is orgaasxed and eustiq under the laws of DelaTpate, and has an address IM telephone number of P.O. Box X026, Flint. MI 4MI-M76, tel. (888) 679-MERE, pEW SyLYANIA - Single Family - Fannie mawreddle Mac U WORM INST'RUMENT' Wmi WAS ' 6MWaGAGE FORMSO ?f 5039'2071 llimilliolillill 0011111 BK.1 47PG41-99 4. iD)."L.coder" is WASHINGTON MUTUAL' RANK, FA Lander i 3 FEC--RAL SAV INaS 3ANK organized and eristzng under the laws aP THE UNITED STATES OF AMERICA Lenders Address is 3883 AIRWAY DRIVE, SANTA ROSA, CA 85403 ( ) "Note" means the promissory note signed by Barrowcr and dated JANUARY 25, 2002 The Note states that Borrower owes Lauder TWO HUNDRED SEVENTY F (VE 'MoUSAND FIVE HUNDRED AND 00/700 Dollars (U.S. S 275,500.00 ) plus interest. Borrower has promised to pay this debt In regular Periodic Payments and to pay the debt in full not later than FEeRUARV 01 , 2032 ? F) "Property" mesas the property that is dewribed below under the heading "Transfer of Rights in the Property." (0) "L, osn" Meam the debt evidenied W the Note, plus interest, W preiaymeut charges and fats charges due under the Nora, and all gums duo trader this Security Ytattnunent, plus interest.. . (H) "Riders" means .s11 Riders to this-Security Instrument that are azeaut6d by Borrower. The following Riders are to be executed by Borrower [cheek boy as applicablel: Adjustablo Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development jZidor 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) (specify] (T) "Applicable Law" m&w.s all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as ill applicable final, non-appealable judicial opinions. lY1 ?C'?;^ ?3eTz `y Astocirtien Dees, Fes, -ad Assrasrrimts" means 01 dues, fees, ism :::wa acd athcr c7iargr t ,pax are imN_sed on kcrrower or tha rrorcrty b; n condorninium association, homeowners assohatiozz or similar organization. (K) "Electronic Funds TnmOa=" means any transfer of funds, other than a transaction origlnazed by chest, draft. or similar paper inattlltileat, which is initiated through an ckctranic terminal, telephonic instrument, oomputar, or magnetic tape so a8 to order, instruct, or authorize s 'tution to debit or ~x:t ,= accoau:. Such #--rn1 includ=, but t8 not limited to, &-i;nr-o AAt,& tt*ft?F", Kttor9 I t A trii?f m,.vAi!IIE tv!n"(,hurF, tt?nc?rig initigted I-Y tt!t?hone `Mire iransfers, and automated:cleuinghouae traaafem " "Escrow Items" rrieaas thole straps that are described in Section 3. +ri) "`:aioCtlliIILvit$ ptocaac".9" -Moans any wca atwlioa, wt]emefit, awafd Of dAgnageS, Qr pro=ds Qald by any third arty (other than insurance proceeds paid under the coverages described in section 5) for. (I)damage to, or destruction of, the Property; (ii) condemnation or Qther taking of all or any part of tho Property; (iii) conveyance is lieu of condemnation; or (iv) r2aurac eataoas ol, or o missions is to, tho value aaar couditlon of the Property. rtasEe rance" mem insurance protecting I ender against the nonpayment of, or n, he Loan. (O) "Periodic Pa meat" mesas the rcgultrly scheduled amount due for (i) principal and interest under the Nme, plus (ii) any amouats under Section 3 of this Security Instrument. (nltt?la L'M lCk-BA1PA! toaam v.N s ails &/?,r/J Form 309D 1/01 cif 747PG420.0 tho R?-A EStdt3 -tt! ,., , r `-" lu>*es . Act (17 U,S:C. Sx±ion 76.01 et sr ,.} atd i;s im,ple' eating regulation, Regui tioa X ('La C.F.R. Pail "). as they might a amcndad fro:wtirms to time, or any aMtioad or successor legislltion or rsgdat10A-that gov*rm the ss ;fie sub*t matter. As used in this Security Iwtrument, "RESPA" refers to all requirements and rastricas that are imposed in.regar.d to a "federally related inottgage loan" even if the Loan does not qualify as a "federelly related mortgage 3oan" under RESI'A. (Q) "Successor in Interest of Sortowerr" means any Party that has takan title to the Property, whether or not that party has assumed Borrowor's obligatlons under the Note andlor this Security Imtrument. TRANSFER OF RIGHTS IN THE PROPERTY This Secutity Instrurnmt securas to Lender: (i) the rep4y>;aectt of tbo Lean, u?d -All renewals... eeteoslons and modiBoationa of tine Note; and -(11) the perfora moo of Borrower's covenaets avd: . agrcenments under- thin Security Inetrement and the Now. For tMsl purpose, Borrower does hereby mortgsge. Vant and convey to MERE (solely as nominee tar Leader and Lender's successors and assigns) and to the soceewors sad assigns' of MM the following described property located in the COUNTY of CUMBERLAND tType of Record1A9 hdlilktionl [Nome of Reeordi4 Jurisdiction] . THE LEGAL DESCRIPTION IS ATTACKED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF, ,ghich o rently has the address of X90 OLD STOM9 HOUSE ROAD IStreetl CARLISLE fatyl , p=sYlvgnd 170.13 mp Carlo] "roperty A.ddr=u): TOGETHER WrM all the improvements now or hereafter erected oa the no y, and all eeaetr,entN appumenanaa, and fixtures now or hereafter a part of the prope?ty. AtI replacements and additions shall also be oovered by this Security InstrMent. All of the foregoing is referred to , 1 " InltIA 1140--- 4C%-SA(PA) roaom rare 3 of lip Form 3039 1101 BK 1747PG420 I In this sec''ity Instrument as the'Prootr ." Borrower understands send agrees that MER$ holds t1C C to Abe iaWt33 grant i ?J'-st. If I' ... .... to cr.«p.; with law or C?xattnzt, AdERS no-raezec :or 1cr;ler is-ad Leader's sue vrs .,:i assigns) has the right: to exorcise any err. all # t : ro inurests. Licl,img, but dct lim, h: i t4ght.to asiftod otoelose to sad sell tha? and to tako say' action'required of Leader including, but rnot In rat . ' snd this Security l'nstrussncnt. 9o1i1tOdc?R tlmt•Hortotqu lawfully esQiaod at the "to hereby conveyed aad has the right to motega8o, gram sad convey tines Properly and that the Property is uneacumbered, euxpt for emCUmbrttncea of record. Borrowor warrants and will defend generally the title to the Pro?e a . all ennuis and detaands, subject to any encumbrances of record. THIS SFCUR R STRUMWr Cambines ua;form covenants for national use and nonuniform covennanto with limited variations by jurisdiction to Constitute a uniform security instrument co real t?! UNIE? Aorrowsr and Leader covenant and agree as follows; I. Pa anal vl Principal. Interest, F?crow Yte Prepayment Ghar?e s. and Late Cltissges? sec shallp? wtaa due the principal of, aadntr em, the debt evidenced by the Note. anti say prepaytpeat .abargaet and late car due weder' tb. rotvarshill' slsn• yay - ' : Nava Bor funnels for .Becrow hams putsilant .lei Sectte>n 3. 1'apm?ts due ender the Nola and titia. SocuRty tetgtrUttfomt shall be mine in US. currency:Idteaver; tf ally check ac other instrumem received by.. Letsder eta, payment undo the Note or then Serenity Instrument is returned to Lender unpaid, Lcndtr 'may enquire that say or all subsequent payments due under the. Nov, and this Security Instrument be IM in CIM or'.rnore of the following forms, is selected by L--nde:r: (a)=41; (.b1 money ender,. (e) certified check. bank check, treas=r's check or cashier's check, provided any such chock is drawn upoA- ' as iaatitutiem where : deposits are insured by a federal agency, instrumentality, or entity; od (d) Moronic Ponds Transfer. - •. Payments are: d0eme d received by Lender when received at the location designated in the Note or at such other location as may be dedgaatod by Leader in acwtdanea with the notice: provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are iueufficleat to bti the Loan curmt. Linder may accept any payment or parrial payment insufficient to bring the Loan current. without waiver of any rights he:reuader or lr-? ?ciaee to its rights to rc.?u*? daps en; or *'i l gs; manta in the fugue, but Lender is not ": 6 ' d to 9 f'? a?ech ony rents at the time sL_`tb P(+Yu? to a a---•-e- tom. If each Periodic, Payment is applied as of i>a sehedttled due elate, then l,enaer need not pry iae.erraac UJ] u:Wr c .. .. .. funds. L,etndenr uiay bald such vatpptied fuends until Borrows makes paymeztt to brim she> ?aa . - current: If Borrower does nor do anwithln.a reasotutble.pGriod of time. Tender sleail e:?ther apply such #uuds or return them tcs Borro?rer. If not applied earlier, such funds wilt be tipplie d to the outstanding principal baltac. ?;n3.Y t! ! Note imatfiately prior to foreclosure. No ofrset or claim winch LarroW?. .TaZht li ve or in the future aeair&: T-- ndar shrill relieve barrower frorn mst at.paymemts duo. under the Now and thls Security Instrument or performing the covenanes and agreements soeurod by this Se>cutity Iaa'lr? at. . 2. Application of Payments or Procoe U. iu.ep: as c»b?= defnribed in t Ma Section 2, all payments accepted and applied by Leader shall be a lied in the following carder of priority; (a) interest due under the Notes (b) Sinai due under the Note; (c) amounts due under Scetior, 3. Such payments shall be ap to each Periodic Payment in the order in which it bexames due. Any remurriag amounts abill be applied hest to late charges, second to any other amounts due under this Security Instrument, and then to reduce the pn pal We= of the Note. If Lender receives a payment from Borrower for s delinquent Periodic Payttne:mt which includes a sufficient amount to pry late charge due, the payment may be applied to the delinquent payment and the late 41, e:. It more than one Periodic Payment Is outstanding. Leader may apply any payment received from Borrower to the repayment of the Periodic Payrne ats if, 4%-RA(PA) (0004) Inlt(.ls: ¦er. 4 of to Ports 2039 1/01 OK I 747PG4202 attcf tr, the cute) that, each payment Can be paid in fullTo the extent that say excess exists after ;tyfr. : t a at plr cl tR :he full ppaappmM:nt of one or rw Ptw:io .c Paf-rnec,>a, such =cew may, s: applied to any lara chard due. V.?luntary prepayments shall be sapped first to any prepayr_, tot charges add then as.describcd In tho-Note. Any 41!pUcation of payments, insurance proceeds, or Itii wallaneous Proceeds to'XincipaE due under the Note shall not extend or postpone the due date, or change tho amount of the Periodic Payments. '- - . . .. . 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "funds") to Rrovide for payment of amounts due for: (a) taxes and aaeesements and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Pr . if arty; (c) premiums for any and all Insurance required by Lender under Section S; and (Mortgage Ittwuranee premiums, if any, or any sums payable by Borrower to Lender In lieu of the Payment of MortgBge Insurance premiums in accordance with the provisions of Section 10. These utesaa are called Escrow Items.' At origination or at any time during the term of the Lem- Loft mq r quke that Community A>tal &tlm Duren, Fees, and A. aettts, if any, be am wed by Borrower, and such dues, fees and'assessmeats shall -be an Fsauxow Isom. Borrower shall promptly furnish to Leader all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's -obligation to pay the Funds for any or all Ewmw Items. Lender may waive $orrowees obligation to pay to Lender.Punds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pa directly, when and where payable, the amounts due for any Escrow Items for which payment ent of Finds has' been waived by lender and, if Lender requires, shall furalsh to Lender receipts cwdeacing A* papnieris within such` ti me period as Lender may require. Borrower's obligation to snake such payments and to provide receipts shall for all purposes be deemed. to be a covenant and agreement contained in this Security Instrument, as the phrase 'covenant and agreement" is used in Section 9. If Borrower Is obligated to pay Escrow Iterus directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exerciso its rights under Section 9 and pay such lfi$ and .TOv'.'.T 3t:n.'11 then t w° t t)2,nt ?d Lul .`.:, 'Z' i`II 9 to repay to L?° I-r ny slv'k L ?n,,t- may ravo'ce the waivt: as to kn} or»,?ii Pr?c ou :terns At any 6!r 1v by a n::tice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Seetitm 3. Leaden may, at any time, collect-and hold Funds in an amount-(a)- sufficicat tv persalt . Lender to apply the Funds at the time specified under RESPA. and (b) not to exceed the majamucn amount a leader cxu require under RBS.P t r, :all =ti.mstc the amount of Funds {iuo uu tL3 tawo W-11 ituiriat raid 4:r.Ai ..T_••$ of !tILuf': !?xTqR T ST4TTtc er otherwise in accordance with Applicable Law. The Funds shall be held in an. institution whose deposits are insured by a federal agency; instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so ?ns } or is aay Inzdaral Rom: Eo= Ban!L Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Leader shall not char a Borrower for holding and applying the Funds, annually analyzing the escrow accouA or veri .Ll; the Escrow Items, unless Leader pays Borrower interest on the Funds and Applicable Law perauts Lender to make such a chat s. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the ];ands. Leal- ahaU not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Leader can agree in writing. however, that interest shall be paid on the Funds. Lender shall give to Lorrower, without charge, an annual accounting of the Funds as required by RESPA. BA{pA1 (nitu:V_74 OV - moor, hlv a N to Form 3033 1/01 BKI747PG4203 tf tl'-re js a qurplus of Funds Win escrow, as defined under RESPA, Lender shall account 20M-- a . ?r :Ao-.;xccss >1 ztcc+ ;+. ^i"a lt??,'eA4. ?f t?iere' is a ahottega3 of Pumas bald . r:ssasv, as wef;1axt 4sa0ar s>^®A, I,;,i;aar dal! 1to,igv as n;,i,ti i ..? 3orrower "I pay to L4adee rho arrwuat necesaary to ,. p ; ,;? nbo. 1 accordaacc wi a MFA, but in no, more than 12 monthly payments. if theta is a daficitncy of Funds held in . .escrow, as dofuted under RWA, Lender shall notify Borrower as required by RESPA, and Borrower "I pay to Leader the amount necessary to.mAe up the. defic=i q in accordance with RMPA. but in no more than 12 mommy payments, Upon Payment in full of a.1 sums secared by this Security Instrument,. Lender shall promptly refund to Borrower any Funds held by Tender. 4. Marges; Liens. Borrower shall pay all tares, assessments, charges, fines, and impositions Rttributable to the Property 1ti such can attain priority over this Security Iasuvenent, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, it any. To the a_-at tbas oleic items am Escrow Items. Borrower shall pay them in the-manaer provided in Section 3., Borrower shall. pra mptly ditchape any lien which has pnorftyover dais Security. Eastrun=t Unless Bortorer. (a) mecca m writing to the.psyment of -the obligation secured by the lien in a. manner acceptable to Lender, but only ro long as Roimwer is perforraing such aaamcnu {b) contests the lien in. good faith by, or defends against enforcement of the lien In, legal proceedings which in Lender's opinion operate to prevent tbs enforcemem of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an.agroernent aitiafaetory to Leader subordinating the lira to this Security Instrumem- If Lender determines that any wait ot the PfoffM is-subject to a lien vWcb can attain priority over this Security Instrument, Lender may give Borrower a notice Idenwag the lion. Vithin la days of the data on which that notice is given, Borrower shall satiaiy the hies! or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a onetime charge for a real estate tax verification andlor reporting service used by Lender in connection with this Loan. S, Fra;xcrly Lns?,..ancx -,k-c cwt: . keep t* improvements now existing or hereafter erected on the Fropccty z l lox by fire. hazards inclttd ;.` s. trxyr. "extrnu :,: coverar." and any other harards tn4ludiag, but not limited to, eartbquakcs and ikvAlsi, :cr Lender requires .insurance. Ibis irxm=e shall be maintained in the amounts (including deductible levels) and for the psdoda that Lender requires. What ]render requires,pummt,to the prec,?o;ung W"== c= clu?ge during the term of the Loan. The insurance carrier providing the" insuro"a at a:l br :h-oven tap Borrower subject to Lcncrr's right to disappro•; s Borrower's choice, which riot shah].. trot be exereiaed unreasonably. ],ender tsmy ray, = ?tom.: ver to pay, in crmneotion with this toan,' iither: (a) a oae-tima charge for flood :one dotertninatipr6 certification and traolcing services;. or (b! a ow-dmo charge for flood zone determination and certification services and subeaqucnt ch3r&s each time remappings or similar changes occur which reasnnaoly might affect such doterrnimdoa or certification. Borrower shall also be responsible for the payrneat of any fees imposed by the Federal Emergectey Managemcat Agency in connection with the review of any flood zone datermi utloa resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Larder may obtain insurance coverage, at Leadoes option and Borrower's aYpe w Leader is ureter no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lcndcr, but might or might not protect Borrower, Borrower'st equity in the Property, or the contents of Ct-GAtPA) tenor) r?uuRat 'rr Farm 3030 1101 ?i(1747P 4204 the Property, against au-rlak. howd d-or liability and might provide- grater or IO&W cover" g" <.:a enviously. in esfr wt, Bar.egsr as: o l?'?, t Y, :I cast of tie insurance uae;e:abe m;, cabtair.~d might significantly zowd the cost of lxus::,mn. •a *_?z .' Borrower could have obtained. A -?y amounts, disbursed. by., Lender under this. 5xtion. S shall. bE?me additional debt of Borrower ercured by this Security Instrt tent. These amounts shall bear interest at the Note rate from the d-to of disburmment and shall be payable, with rich interest, upon notice from Lander to Borrower requesting paymcttt. All inwuanoe policies required by Lender and renewal4 of such policies shall be subr'ect to Undoes tight to disapprove s'.te h policies, shall include a standard mortgage clause, tad shall Warne Lefldcr w mortpSm auXor as rn additional lees payee. Leader sha11 have the right to hold the policies and re,a wd certificates. If Leader requires, Borrower atoll promptly give to Lender all receipts of paid pmnl man and mexal notices. If Borrower obtains any form of insurance coverage, trot otherwise required by Lander, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee "or as an additional loss. pairee. In. the event of lose, Borrower shall give -prom notice to the 1111RUIR ao carrier and L4Mdeu. Lender may nuke proof cif•looa It not trade promptlty by Borrower. Unless Lander- amd Borrower otherwise agree in writing, any ins~x"m proceeds, whether or not the underlying lawx4ncc was required, by Lender, shall be applied to restoration or repair of the Property, if the. restoration or repair is economically feasible and lrudar's security is. not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has . W an opport:Wty.to inspect such property to eaaura the work has ban completed to Lender's saeisfactimt, provided that'sta h iniTtodon shall be undertaken pmmpdy. Lander' may disburse proceeds for the repairs and restoration in a single payment or in a sexes of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds. Lender strap not be required to pay Borrower guy interest or earnings oil such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the irotmace proceeds and shall be the sole chiigation of ::?r: war. If the restoration .4 r?ir is xxrt uxmcrnically fea4bla or !xnder's se=i:y would be lc>neri, the ittsur?ence area s +?h?sl be a':i to the whether or not then du% with the emm, U any, paid to Borrower. Such insurance proceeds shall be applied in tho order provided for in Section 2 . -if Borrower abandons the Property. Lender may file, negotiate and 'cattle ' any ivshaNe Insurance claim and related matters. If Burrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate end settis the claim. The & day petaod will begin when the notice is given. In either event, or if Lender acgoiras the- Property un&r Sectioa 22 or otherwise, Borrower hereby assigns tly Lender (a) Borrowefs rights to arty irjura: ce prod in an amouat rat to =seed :5:. amaunu unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned p?m:urns paid by Borrower) under all insurance policies e ovaring the Property, Insofar es such r4hts are applicable to tho coverage of the Property. Lender %nay use the insurance proceeds althar to repair or restore the Property or to pay amounts unpaid under the Note or this Socurill Ia*Ument, whether or not then due. 6. Occupancy. Borrower shall , establish, and use the Property as Borrower's principal residence within 60 days after execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal re4denee for at least ow year after the COMM mom kta r .? 14 form 30" iltli ?t1747PG4206 data of occupancy, unless Lender otherwisg ap= is writing, which consent shall net be or 'I 'Cn LM beyo ld ? [^`OWtC'? i,crtr?,l. 1. Preservation.?Sairitca? and °rarc?:cc;iion :ao `'ro..'r; `. pectir ?:rc. >- shall not destroy, damage or impair the Property; allow the Property to -&-,nonts-or comrait waste on the Property. Whethor or not Borrower is residing in the Property, Borrower sha11 ' makwa, the Property is order to prevent the Property frost deeaioreting or. decreasing in value. . due to its condition. Uniew it is determined pursu>*nt to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to. avoid further, deterioration or damage. If itimm aloe or condemnation proceeds are fpwatd in connection with damage to, or the talon of, the Property, Borrower shall be rceponelble for repairing or rwtoriag the Property only it der has released proceeds for such purposes, Lander may disburse proceeds for the repairs and restoration in a single payment or in a series of progress paymeats as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or resumv to Property, Borrower is wt. relieved of Borrowers obligation for the completion of such repair or rosooiatio. Lender or iu.agent MY aaalee rea®onable entries upon and inspections of the Property. If it lies reasonable cause, Lender may inspect the' interior of the improvements on the Property. L trier shell give Borrower notice at the time of or prior to such an interior inspection specifying such.ma.or?able cause. . 8. Borrower's Loan Application. Borrower shall be in default if, during the loan application process, Borrower or any parsons or entities acting at the direction of Borrower or with Borrower's knowledge or -consent gave materially.: false. :•misl or inaccurate information or alltomeats to Lender (or failed to provide Lende with muterial information) in connection with the Loan, Material repremtations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Isrterest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covauants and agreements contained in this S_-Cur:ty ICLitrument, (b) t` m is a legal prooxdi.^.g t` :let rn gl.t significantly nffn6t Lender's interest in ?i'8 ;'rot'e: ty °mdcr :-;!its miler ttis Security IlY';' . ii eat (s1,u:11 as ao proc_A-.dtlg ?n probate, for condemnatiop or forfeiture, for enforcement of a lion which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Pro perty, then Lender may do *and pay' for whatrwer to reasonable vt appropriate to protect Lender's interest in the Property and rights under this Security Lestrutnent, including protecting r'd andlor assessing the value of the Property, and securing andlor repairing the Prapw-,y. xa_l actions can include, but are not limited to: (a) paying any sums secured by a lion wjut':, hew priority over this Security Iriaucunent; (b) appearing in courgA and (e) paying reasonable. attorneys' fees to protect its interest in the Property aa&or rights under •.Ms Security Instrument, including its secured position in a banlsxuptay proceeding. Securing the Property includes, but is not limited to, entering the Property to inake repairs, change locks, replace or board up doors and windows, drain water frorn pipes, eliminate building or other coda violations or dangerous traditions, and have utilities turned on or off. Although La der may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Under incurs no liability for not taking any or all actions authorized under this Soctioa 9. Any amounts disbursed by Lender under this Scctson 9 shall becorne additional debt of 'Borrower secured by this So.`urity Instrument, These amounts shall bear interest at the Note rate -SAWAI WOO of ,a Form Sass 1101 Initialr?_;77y/ 7 OK 1747.PG4.206 from the dais of disbursemeot and shall be payable, with such interest, upon notim from Lender if :his Security list- rnent is on a leasehold, Borrower shall comply with all the. provixoas of the lease.. If Boirow*r acquires ftc ddo to the Property, the -=hold and the ,-4. Yitlc shall not merges unless Londw'agroes to the merger in Writing, 10. Mortgage WuraDCe, If Lender requiredortga$o Insurance as a condition of making the I.Oan, Borrower alatl.py tl>a preatituas regWred to mStntila the 1•4orte Insuraarx.ia effect. If, for any reason, the Mortgaga Ioaorance coverage required by Lender ceases to be available from the mortgage i surer.that previously provided such Insurance and Borrower was required to mate separately designated pa meats toward the premiuma for Mortgage Insurance, Borrower shall pay the premiums required to obtain oovera a subatantistly equivalent to the Mortgage lasuraace previously in affect, at a coat Qubetaat?'ally equivalent to the asst to Borrower of the Mortgage Laurance previously in enact. from an alternates mortgage Insurer selected by Lander. If subarea ?""all?7 equivalent Mortgage Insurances coverages is not avat?abI*, Borrower shall continue to pay to leader the amount of the separately deal?ared payments that were due when the insurance coo ceased to . be is effect. Lender will .accept, use nod. retain these payrents as a non toss reserva in 'lieu of Mo InetxaaGe. Such WW reserve shall be noei?efutidablo, notrrlthstarx&nig the fact that the is ultisaatotyy paid In full, and Leader shall not be' requured to pay Bortower'any intertst or earnings oa saah loss reserve. Lender can no : Ion&er require loss reserve yments if Mortgage Itratrrsacc coverage (in the amount and for the period tbat°Lender requires} vrovided by an iaswer selected by Lander again beeomeg available, is obtained, and Lender requires so toly designated payments toward the premiums for Mortgage Insurance. If Lender • required . Mortgage Insurance as. a condition of. making the Loan and Borrower. was .required to n*o sopalrstely designated pwmeata. toward the premiums for Mortggaage Insurance. Borrower shill gay tie premiums required to Main' ' n Mbctgagds Insurance in affect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance enda in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay ilawest at the rataymvided in the Note. Mortgage Insurance rerra:bursas Lender (or an entity that purchases the Note) for certain 1L i - may incu..- if Ec-ra , r d:*? not r'i''?y the U: as agreed, Boar:wer ?s not a party to the Mor'tt, g„ Insurance. Mortgage insurers evaluate their total risk on all rush insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These . agreements are on terms • and. conditions. that we eatisfac'cory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to m?e payments Using my source of f Inds rh3t the mortggage insurer may have available (which may include funds obtained from ltiortgags I nsu:anoe vev-iurns). As a result of these agreements, Leader, any purchaser of the Note, another insurer, any reinsurer, any other antity,- or any affiliate of any of the foregoing may receive • (directly or indirectly) amounts that d=i;z !rnna (or m:; ht be eharacterizmd a portion of Borrower's payments for Mortgage Insurafm, in exchange for alluring or rAodifying the mortgage insurer's risk, or reducing losses If such agreement provides that an affiliate of Lender takes a snare of tl n insurer's risk is exchange far a share of the premiums paid to the insurer, the arrangemeat is often termed'cVdve ceinsurum.' Further: (a) Any such ag'mmit?tto will not effect the amounts that Borrowelr has agreed to pay for Mortgage hixvraac,:, or any other terms of the Loan. Such agreements will not increase the arnount:Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 Or any Inltlalc. fC%-GAfPA) roooa P.,, o of ,s J Farm 3039 1101 b" I 747PG4207 altbef jR v. The". r' 7'qt rnZ ' a a. be e # '? rm:lyii tz !?gCfng rtB, 'lnd ?'3t?Xin CSaCSil??tuan ti '•?.? 3?rC'aL'. `X?u21CC, #u i;. si?'o t11c i?vrt$a=o I.+1. .'rs sl f:C t:art.ria ted autoumt43ily, andlor t0 r•aceive *a ref':•ud of any Mortkaea `T,tiiuir? uce ?femiums that were unearned at the time of such cancellation cr terminatrom ` 11. Assig&meat of Miseollazwoul Proceeds; Forfeiture. All Miisc ellantous Proceeds are hrreb astsiled to and shall be. paid to Loader, If the PProperty is damdge ,webs Iil<iaaellaneous Proceeds shall be applied to restoration or repair of the Property, if tho rwomtion or repair is economically f"ble sad Lender's security is not loomed, During such repair and rerwadon Period. Leader shall have the right w hold such Wmallaneaus.Proceeds until Leader bas had as ooppppaartuaity to inspxt such Property to assure the work has been completed w tender's satiafaaf?on, vudeci tlu?t aueb. inspection shall be undertaken promptly. Lauder may pay for the repairs and rmwration in a single disbursement or its series ?of?ro payments as ?o work to completed. Unless an agreement is made in writing or Zt? le Law requires interest to be paid on such bfieoelllansous Proceeds. Lender shall not be i4dred to pay Borrower any interest or earnings ca suab lboellaneous Proceeds, If 'the mtwasift• or repmr is not econatrtioail feeaible or Lender's semity, -would bui lessc6A the Miacelhuaeom Proceeds sbf11 be applied to napes aecurt d? by this Security 'Iosuwnaat, whether or'aot then due; with the esoest, ii my: paid, to Borrower: Such Misoedlaneous Proceeds shill bt applied is the order provided for is Section 2. In the event of a total taldrg, destruction, or loss in value of the Property, the Misotlldaneous.. Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a patti takliig. destruction, or lass in value of the Property in which the fair . . market value of the Property immediately Wave the partial taking; destruction, or loss' in value is equal to or greater rhea the anaauat of •hc sums eocured by this Security Instrument immediatzly hefore the Partial taking, destr?octiaA, os loss isr value, unless Borrower and Lender otherwise e ?a wntiag, rho sums sectzrf?l by this Security Instrument shall be reduced by the amount of she Miscollaisoaos Proceeds mult7plied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destrucUOn, or loss in value divided by (b) the fair -?,k t 4alue qt the Pmtixrty immeliintely beforatha par2xal ta:ciu, destruction, or loss in value. b?.az•=.:e,?:??li ?.sc peril to ?c.:u?r?. Iu fee ovapt oc a ' ' : ,,. P ?, ?? "king, i?c6Crliti(1aXX, Ut tt.x?7i ill i7XUiit, ui ulZ Cu{1ZLiY i:i w`:;1w Lu: tills market value of the property immediately before the partial tskiag, d+estsuadon, or loss in value is kss than the amount of ,the sums mcured immediately before the partial , destruction, or toss i value, unless Borrower and Lender obetwise igree iii writing; the MM aneous Ptweeds shall be applied to the sums sacurtd by this Security Instrument whether or not the suma are then due. If the Property is abandoned by borrower, or ii, after notice by Lender to Borrower that tho tag odng-Party- (as defined' in the neit sentence) offers to make an award to settle a claim for Borrowc. fails. to red cad to Lender within 34 days after the date the notice is given, Leader is authorized to. collets and. apply the Miscellaneous Proceeds either to restoration or repair of the Property of to th< suata secured by this Security Instrument, whether or not than duo. 'OW Wag Party" meads tie third party that owes Borrower Mocellarieouls Procee& oe the party against whom Borrower bas a tight of action In regard to Ndiscellaneous Proceeds. Borrower stall be in default if my action or proceeding, whether civil or criminal, is bvin that, in Iender's Judgment, could result in farfelture of the. Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can curt such a default and, if acceleration has occurred, rmastato as avided ift Section 19, .y eauain the action or prcceediag to bo &n-issod with.a ruling that, in Lender's jvdpauent, precludes forfeiture of the Property or other material impairment of Lender's interest in the (M--SAWA) 4ooeas Form 3099 1101 BK 1747PG42(38 propxtp -4 rights Under thin SeCUrity Instrument:.Tibe proceeds. of arty award cc claim for sr : ':le to *.h3 irs?ant :? 'x caP is ..•. '. t a ':` . a'e 'ry . .Y -Iari gall be paid to L Nier. _IL11 Misa:llailtous Proceeds that are not applied to nscoraaon. or A fir of cite P.,rope. ty :;t:.iil br applied in the order provided for in Section 2 12, Borrower Not Reletsbd; Forbeartanco By Leader Not a Waiver. Extansion of the time for - payment or modiCcadow: of amortization- of the .stunt secured. by this Security. Instrument gran teal by Lender to Borrower or any Successor' in Interest of Borrower stall not operate to release tho liability of Borrower at any Swxesaors 10 Interest of Bawer. Loader shalt not be required to wmmcnoe peoceedings against any Successor in Itttatst of Borrower or to refuse to eatead time for payment or otherwise modify amortization of the some secured by this Security Instrument by remoa of any demand rtt?de by the original Borrower or any Succemors in Interest of Borrower. Any forbearance by Lender In azercismg any right or remedy including, without limitation, Lender's Acceptance of payments from third persons, entities or "successors la Interest of Borrower or In amounts leas than the amount then due, ahall not be a waiver of or preclude the enaraiaa of any d At or remeft. .13. Point and Several bitity; Co-signers; Sncq4.66 asd Aaaigas BcuiA Borrower covenants and aZFCs.tba% Borrower's obligations and liability shall be joint and several. However,* as Borrower who FP-Mgm this Security Iaatrument but dots not execute the Note (a "condrerl: (a is co-vignin this Security Instrument only to mortgage. grant and convey the co-siper's interest in the 'Property under the terms of this Sovurity Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (e) Agrees that Deader and say other Bormwer can agree to extend, modify, forbear or.make any accommodations wish regard to .tine terms of this Smr q? ImMmedt or the Now without the 00-glues consent. . Subject to the proVidOns Cf Section 1% any SUCCORSW in I111erist of Borrower ivho assumes Borrower's obligations under tUs Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights :,rid benefits under this Security Instrument. Borrower shall not be re-leased from Borrower's obligations and liability under this Security Instrument unless Lender to such releasa in writing. The covenants and agreements of this Security InStrumcat shill bind (except (except as Wovided in Section 20) and benefit the 8C7 4mors and assigns a' Lender. i 4, LOaa l.`aargtq, I a dew :aay c'.iawge ?.orrower i:ari: ! , ?md n ^nrnection ; eflui'., f n: 'he k'tl ?r1 ;r o' gro*_ccti e, T,,midcr'6 LrrSL iu the .'ivpcr:, .-id sigl- m under this Security Instrument, tndbding, but not limited to, attorneys fees, property iaspec on and valuation f=. In regard to arUr other fees, the absatce of expires authority in this Security Instrthrient-tor-charge a.apadfie lei-to Borrower-shall not be conatrumd as a prohibition on.thp... chargittg of such fee. Lender miLy not charge fees that are ciprosely prohibited by this Security Instrument or by Applicable is w. u iLo Loan is subjD..i tu a 16=1 wz ch ---t-. -=ximli- f l Act elurges, and that lair is finally interproted so that; tho interest or other lean chulm. collected or to be collected in connection with the Loan exceed the permitted limits, tbei : ( any such loan dharg^e shall be reduced by the - amount necessary to reduce the charge to the permitted limit; and (b) arty sums already collected from Borrower which exceeded tted limitla will be refunded to Borrower. Lender may choose to make this refund by arum the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces pn'ria ,the reduction will be treated as s partial prepayment without any pay meat charge Iwhetttor or Act a yment charge is projxd for under the Note). Borrower's acceptance of any such refund triads direct ment to Borrower will constitute a waiver of any right of action Borrower trl t havepaa3yF$V1n out of such overcharge. 15. Notices. All notices given by Borrower or Leader in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security -SktPA) (ooon Form 3030 1101 6K 1747PG42?.)9 Instrument shall be &-kt1 t ^S?'°?1 t? -n .n ;t 'I A ,"A= acre ily &tiYt: -i 3? "Wer she 11 t 1ti >~ ,4.:70 to '1 rr s .... Law ,rr "y rxtuires ot- _: rwim The noded add" shalt be the Propujj Ac1.. - m milcss' Borrower has d, s gaated a SUIW tute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's damp-of address. If Leada apedila a procodtuo for Mofft Bonrow4el' :hmp of addree,y, tins Bofiro M 'shall -onl report: Chance of address three that spesifted procedure. There may be only one deeignX notice address under this Security Instrument at any one time. Any notice to Lender shall 'be given- by delivering it or by muting it by first class mail to Leader's address stated herein utsleas lmdsr has desipsted another addraw by notim to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lends until actually received by Lender. If an notice squired by this Security Instrument is also regWred under Applicable Lava, the Applicable Law requirement will satisfy the corresponding re9uirement undue tbis S tui InatmMent. 16. Goveming Law. Sevmbili.ty; ? of Cosa nctim This Security Wgrutatent nisil iwt SoveeAetl by fedeoral -law sad the law of the itutedicdoii is which the Prophy is bested: Ali niglltS and bbl bone coutafaad in' this $maurit? Instrument rre+ subjaot to any requirements and lirtiitatloes a! applicable Lsw. Applicable LeW rnipht crplldtly or implidtly elloar the parties to ot agree nst bT contract or it rnigYIt be a<leat, but srJCh stheioa shah! n ba construed as a ptoltibilYOn tgas agreement 4 Ole the evmt that atRy provitiori or 'tslausa of this Security fastrcament W the Note d;o ?flicls with Applicable I.aw, such conflict sisal! not nttoct slier provisions of ttus Security InstruMn or the Nato which can be .given., effect without the coc'flifibrig provision. As used in this Securitiy Itutiuntant. (a) words of the maeenline Eender shall -inew and include oorresponding neuter words or words of the feminine gender; (b wards in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrowees Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of dha Property or a 1knaticial Interest in Borrower. A.s vsd:d in this b r, ?1 ,c.clst in, ... p,o? ;; a i8 "? r . t !a their y" m arty i;gai or at to, 't_:.?° .._.:.'.?,^.'-..:..w 7:-.i 4 ulki fox c2'uxa',(;Uatrad ivi deod, installment sales contrct of escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a , . If all or any part-of the- oc say fntcreert iii the Propaartyy is sold of transferred (or if Borrower is not a natural, person and a ber..cfic?al interest in Borrowar is sold or trawferreA) wit'raut ; ers3er's nor wnttm consent. Lender may require immediate oaymmt in full of all t~I:rs secum d by this 4ccc;rity laitr4av at. however, this option shall not be exercised by Leader if such exercise is prohibited by APPt sable LAW. . I1 Lender esercists this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not tem thaw 30 days from the date the notice i8 given in accordance with Secdon 15 within which Bocrowcr must ply all sum secured by thin Security Instrument. 1_i Borrower fails to pay them sums prior to the exlxration of this period, Lender may involve any remedies permitted by this Seeuritt Inetcvtueat without further noaoe or demand on Borrower. 19. Borrower's Bi t to Reinstate After Aeeelaation. If Borrower meets certain coadlitio Borrower shall have the rift to have enforcement of this Security Instrument discontinued at any tirAe prior to the earnest of: a) five days before sale of the Property purmant to any power of sale 6ontained in this Swwity Instrument; (b) mush other period as Applicable Law aught specify for the termination of Borrower's right to rcttistate; or c) eat? of a judgttlent enforcing ttus Security Instrument Those conditions are that Borrower. (a pays I sodas all sums Initials: tM-8A1P/1? worst Paso 11 N to )ar7 Irnten 9088 1/01 BK 17.47PG4210 h: h th .. ?? be due Vne tr this 5enniv Tnzr1f:'_ttn1 tnd *.he Note as ii rso ace lera h ,f 1 L;,= AR, ;fault of any other covenants eat ;•: &rftrnen.tq (c) Sys all. OX I .s :r, : red+in onforcing tltis Security lUtrumeilt, acludiZ , but z it ltm t to, rr;a a ble atto fees, property inspection and valuatiean fees, and other Low incurred for the purpoF,? of protecting Lcnder?s interest in the Property and rights under this Sectrrit Instrument; and (d) takes such action as Lander. may ras:%zibly require to avaure that Lender's InUt"t in rite, Property and rights under this SwwIty Instrurdaite and Borrower's obligation to pay the aims secured by this Security Instrument, shall continue unchanged. Leader may rogwre that Borrower pa _y such "instatement sums and expenses in one or more of the following fortes, as selected by Lander (a) e; (b) money order (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whoa: deposit: era insured by a federal agency, instrumentality or entity; or (d) Elamonie Funds Transfer. Upon reinstatement by Barrowe:r, this Security Instrument and obligations secured hereby shall strain fully affective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of Acceleration under Section l8. 20. Sales of Note: ChsW of Loan Services: Notion of Grlevanm Tha-Note or a pardid intam.in the Note (tea with this Security Instrument) nit be- sold one or mare tittles without prior notice to Borrower. A Male might revolt-in s ehasge in the entity (known as the "Loan Servacer') that collects Periodic Payments due under the Note and this Securitylnstrumem and performs other mortgage loan aecviaing. obligations under the Note, this Security Instrument. and Applicable Law, Theis also might be one or more changes of the IA= Sorvicer unrelated to a sale of the Note. If there is a change of the Loan Sarvicer. Borrower Will be given wtitte:n notice of the change which will state tiro name and addrem of the new Loan Servicer, the address to which :. payments should be made and styr o3t1"w information RSSPA regtilrea In eonnectiou with :'notice of tra nder of aervidng. If the Nate is sold and thereafter the Loan is serviced by a Urn Scrvicer other than the purchaser of thz Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transfocred to a successor Loan Sorvtcer and are not assumtd by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, )oin, or be joined to any jvdicial traction (as either an individual litigant Pt the mender of a class) that arises from. the otfier Larry's actiane t to 't! s 80ti:=: r c;;u:KS:t or :!>=t ::le es !Hat ct'?cs pw-ty - ea.^each9 my ?,;,;on o , or acy duty uiwed oy ro"a oz. tuffs Warty iasueuxtettt, tutus such Harrower ar cndrs htts twtaficd the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other hereto s reasonable Period ,after . the ...icing -bf shah notice totake. cirrectivt sctioo.• If Appe Law provides a time period Which trust elapse before certa=in action cart be tskeu, that time period will be deaencd to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure riven co Borroweu pursuant to oocciun 22 and the notice of acceleration given to borrower pursuant to Section 18 shall be-deeeued to satisfy the .notice and opportunity to take cones ave action provtsiona of this Section 20. 31, Hazardous Substances. As used in this. Section 21: (a) "Hazardous Substances" are those substances dented as toxic or bAzardous substances, pollutants, or wastes by Environmentai Law and the following substances gasoline, kerosene, other flammable or toxic petroleum pprroducts, tonic pestici and herbicides, volatile solvents, atsterials contaiaittg aetbestoe or im'raaldeh de, sad raeiiowuv materiels; (b) "Environtaeental Law' mt?ns federal laws and laws of the jurttt06ioa where the 1'tope=t9- is"lecatejd that relate to health, safety or environmental protecttI n; (e) I?nvitunrnenul Clenuvp includes any rea OCM antiov. ra mtedisl action, or removal action. as defined in finvimnameatal Law; and (d) an 8ttvarontaental Condition" oceans a condition that can caves, contribute to, cu otht;rwtse trigger an Environmental Cleanup. 4M-11AY'a l?0"1 Pope ,Z ., ," F rMfl 3030 1101 8n 1747PG42 t Rx 1 { S t1l ^^s ^4u90 S)r " "?YY1it the ui!r nPr1 41 di-4vil,, or ""--e of Ary va+r i rela '4 ardw A.z '..+. _ "I 1 l:lL. c '...t, ?. n t'da, : ar allow s: ivne 0140 to ,,.., :%Y;Slas LLL_ .a.ig the r c v; sty ia) n vie atioai of -any Environmentil Uw, {b) which creates an ,'Environmental Condition, or (;) . which, due to the presence, use, or release of a Hazardous Subatanca, creates a condition that edvaisely, affects the value of the Property. The preceding two nMane es shall trot apply to. the presence, use., or storage on tix Piopeaty of stooll ywtattties of Hxzardotle Bubefatxes that are geaeraliy recognized to be sypropriate to normal residential uses and to maintenance of the Prroop Oncludin ah g, but not limitedto, hazardous substaitm in consumer Products). . allprom pdy give Lander written notice of (a) any investigation, claim, demand, lawsuit or other action by any governments! or regulatory agmay or private party involving the Property and any Hazardous Substance or Enviroameatd Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (o) any condition caused b the prasonao. use or release of 0 Hazardous Substance which adversely off acts the value of tM Properly. It Borrower lwns, or Is notified by stay gaverntneuW. or-regulatory audwity. or any' lon- we P" that MW removal or other remodiation of say Hau rdous Subsaaoa affw the is tucessary; Borrower shall promptly take all naessary remedial _aletioae in accordance with vironmental Law. Nothing herein shall create any obligation on Lender for an Environmental Eleauup. NON-UNWORM COVEA'ANTS. Borrower and Lender further covenant and agree as ' -follows, . • 22. Acceleration; Remedim. Lander shall- pve tlgtice -to Borrower -prior to .. acceleration following Borrowers breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Leader shall notify Borrower of. among other things (a) the default; (b) the action required to cure the default; (c) when the default most be cured; and (d) that failure to cure the default to specified may result in acceleration of the sums apcurc4 by this Security Instrument, foreclosurc by judicial proceeding and sale of the r . " Lender shO further inf;rrrrt c -r of L* ri ',,t a;i sM1?3+it8,?, 6kN* •L ..GI?ryUII i1Jtl t`ile fl i.to i"a;t !a `.?a? iva.:. ?:.' terra + ?<,..e " "• ,^3 i".9te'^! L?: a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified. Leader at its option stay require immodiste payment in full of all "enacts secured by this. Security In-strui!?ftnt without furtbet demand and may foreclose .this Security Instrument by judicial proceeding. Lender shall be entitled to collect all ?ft e ?cnses incurred in pursuing the remedies provided in this Section & -. including but not limited t4, attorneys 13CS and Gl7its of tiZlV dY}a.?uw^ ?M 1µY VZtvYt ;;=r;nft --.d by Applicable Law, 23. ReleaFe. U,oon payment of all sums secured by 'this Security lnstrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Tender shall discharge and satisfy this Sxurity Instrumeat. porrawt: Sh311 pay try recordation ;costa. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee as paid to a third party for services rendered and the charging of the fee is permitted under :Applicable lAw. 24, Waivers, Borrower, to the extent pitted Applicable Law, waives utd releases and Terror or defects in proceedings to enforce this Security lastFumeat, and hereby valves the benefit ;of any present or future laws providing for stay, of execution, extension of time. exemption from attachment, levy and sale, and homostead cx=ydon. 'C?-UMPA) woos laitltlc !•M+t - r.,. 14 K 10 ? Koren 9038c 1Jp1 tK 174 7PG4212 ",.5.airast+temeaf Pnrsad. 8act?ror's tittle to reinstate ?rovfded in Section 19 shall s=tead - r at A sh' °"s sale or 0-1z.- sals Puzw t to . bidd: g x 'T or t0, 6'a mlr.?rac .Zat 0 tla8 Secuiry ?nstr<s:nC^.t. . 26. Purchase Ntonay.M+ortgat e. If any of. the deLt smured be a y a riry Iab trathis mcaS r?tl -purchase legit to Borrower to acquire title to the Property, m mortgage. 7.- Interest Rate After Iudgment: Borrower. agrtes that Ow interest. rata p?pabla alter a midgfaeut is entered on the Not, or in an action of mortgage foreclosure shell be tfie rate payable ?rom time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Swurity Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: 8arrowor J S L. MILLER -$CYYOwer STEPHANIE L. MILLER l5eail (eco?) -porrowar -Borrower (Seel) (Seal) Bmowfir -Sorrow6r (M-$A1PA) WOOM BK 17 4 7 PG 4 213 ?M. if .f if FOM 3039 1/01 I, Naxic y J. `I^. x r? .? , 'o 1-mby cer-?ly that tht w:rect address of the withisnainnd Mat ,rve is 3.383 AIR': AY BR I V E. SANTA RCSA, CA 95403 Wits= my band this with day of. Januarry. 2002 . r Agmt of Mor%mpw COMMONWEALTH OF PENNSYLVANIA, CUMSERLANI) County sw On tl" the 25th dsy of January, . 2042 bdom me, the tndorsig ted Officw,P uYaPPWW -JAMES L. MILLER., STBPHAN.IB.L.. MILLUR known to me (or satiafsctority proven) to be the person(s) whose name(9) ielare subscribed to tho within instrument and acknowledged that hclshehhey c=u--cd ttw same for she purposes herein contained. IN WITNESS WfiETtEOF, I hcnuato set my hand and official seal. NOrARIAL SFAAL NANCY J. TURN, Notary PutiSC ' Camp H 11 Baro.• Lumlietlaoa Cfluunnityy '! Cam ssial Ex(rirys Janu2 b. 2GJO ,lot:. ?ubl C TWO of Officor ?. tnitl?ic ?Ir! 6APA1 IOCOY" Fenn 3039 1/01 BIB 174 7PG42 14 `7J ?J, ALL THAT CERTAIN tract of limd sit" in Mfddlesex Township, donut County, Penrlsylvanis, , being identified as Lot 9 is shown'au- a plan of lots known as Pheasant C coning pw aied for Realand;.. Inc. b Hoover Engineering Services, Inc:, dated August 10, 1998, approved. October 7, 1998 by the ` :Boa t> $> jipi? FMA 1998 iu the office of the Recorder of Me& in and for Cumberland Cocmty, Pcosylvazin an a 2M. ' MMf -11 1Rq? " d . s''^71ovvs; to wit 'BBGDNLNG at 4 point in. the ccnte.rlins of T-591 (Old Stone House :clad); d eace by Lot 8 of the aforementioned subdivision South thirty-seven (37) degrees fifty-three (53) minutes six (06) seconds West .a distance of five hundred twenty-four and ninety-five hundredths (524.93) feet to an iron pin; thence by Lot 8 and by Lott 7 of the dMmentioned subditiscm South fifty-two (52) degtrees six. (06) minutes fifty-four (54) seconds East a distance of three hundred fifty (350.00) feet to an hoer pin; thence by Lot 6 of the aforementioned subdivision South thirty-seven (37) degrees fifty-t= (53) minutes six (06) seconds West a distance of six hundredninety-one and fifty--nine hundredths (691-59) feet to an iron pin; thence by Lot 1 i of the aforementioned subdivision South eighty-eight (88) degrees Meen (15) minutes zero (00) seconds Nest a distanca of one hundred twenty-seven and eighteen hundredths (127.18) foot to an iron pin; thence by lead now or formerly of Robert Line and 1. Edward Clouse North one (01) degrees'farty-fm (45} tnk toes zero. (00) .seconds West a distance of seven hundred seventeen end twenty-aOe : hundredths (717.23) feet to an iron piu; thenco . by Lot 10 of the of eaniamtioned subdivision North eighty-eight (88) degrees fifteen (15) minutes zero (00) seoouds Fast a distance of two hundred sixty and thitty.hun4redths (26030) feet to an iron pin; thence by Lot 10 of the aforementioned subdivision North thirty-seven (37) degrees filly=three (53) minutes six (06) seconds East a distance of $vC hundred,twenty-four.and ninety-eight hundredths (524.98) feet to a point in the centerline of T-391; lbonce in along and tbrough Ow. oentcrlinc of T-591 South fifty-tyro (S2) degrees five (05) minutes twenty-four (24) seconds East a distance of fifty (50.00) feet to a point in the cmtertitae- of T-59I '(Old ' Stone House Road) the place of BEGINNING. CONTAINING 7,281 acres of land as surveyed. BEING the same premises which Realand, Inc., a Pennsylvania corporation, by Deed bearing date of the 1st day of tie October W9, -.rd recorded on the 18th day of Noveuiber, 1999 in the Office of the n ?r ti. of Dez: in an?d for Curt.°::, rt1,x2d `?vt a y, e ,asy?var a, in L?-e:i ^ank 211, Page 793 granted and conveyed unto James L. Miller and Stephanie L. Miller, husband auu ?: UNDER .AND SUBJECT TO restrictions and conditioiis as nowappear of record. 'M zp 21-09.0573-133 -., phis to be recd P? ...,buland County eC gecorder of Deeds W 174 7PG4215 . uarilsie, FA i /viJ ACT 91-'NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an. :official. notice that the mortgage. on your home is -in-default; and the lender intends to foreclose.' Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may . be able to help save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT A!,I'N(A' Wl fflilN 0 DAYS t")I' a ri _ I)w.'l I f )F JBIS INWICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this N"tice. If y,(g! ?!2yP Any, questions, You may call the Pennsylvania Housing- Finance Agency toll free at 1-800-342-2397. 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 CL?sL nTrEnF SALT AR SU CASA. DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. - ) -1 i a" HOMEOWNER'S NAME(S): James L. Miller and Stephanie L. Miller PROPEPtY'ADDRESS: 206 Old Stone House Road, Caili.sle, PA 17013 UKIUINAL Lt;N1JhK: Washngton Mutual Junk, I?A CURRENT LENDER/SERVICER: Washington Mutual Bank f/k/a Washington Mutual Bank, FA LAW FIRM FILE NO... 06-26678 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS ,- IF YOU COMPLY WITH THE PROVISION. OF THE -HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE, ACT OF 1983 . (THE "ACT" ), YOU. MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU 1IEET OT Ni_'R EL GIML€7'Y REQUIRFiNIENTS FSTARI, SI-lut) BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a .l 0 7 Ffi IPm„Crart stay of fOrP` l^$'».r? • nir mnrtno rA for L.h.r<, (?0) µl' f Oii Y J .. J . sa v. b,...bv t u? v u i uw uue vi ullJ Notice. During that time you must arrange and attend a- "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS.IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and teleohone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION. FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set : forth later in this Notice (see following pages for specific information •.- ..a+v •v . +, .7-- - _ +&_ LV u.FF4.y iv1 1111"UVlal aaalJUUri+G 11V111 U1G Homeowner's Emergency Mortgage Assistance,Program. To -do - so, you -must fill, - out, . :._.r. ? C! .ae., 'ete?t i ?c :net . : ri:' t'il_. till L;:CIi ore jai the designated constaner credit counseling agencies listed at the. end of this Notice. Only consumer credit counseling agencies have applications have for the program and they, will.assist 'you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND' YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the. Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on ),k-)Ur Lppl1c,1E NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF-A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY ANTI S3tOULD NOT BE CONSIPEITLED AS AN ATTEMPT TO COLLECT THE DEBT. {T_f you have filed bankruptcy, you can still apply for l mcrgcacy Mortaap_c Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 296 Old Stone House Road, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: April 1, 2005 to May 1, 2006 @ $2,084.38 = $29,181.32 Other charges (explain/itemize): Late Charges: April 16, 2005 to May 16, 2006 @ $87.07 = $1,218.98 Pre-Default Late Charges: _ $76.50 Suspense Credit to Borrower: ($562.12) F,scrow Advances: $10,139.54 TOTAL AMOUNT PAST DUE: _ $40,054.22 HOW TO CARE THE DEFAULT -. You may cure the default within THIRTY (30) V` f th,, !,,te . tl,is notice BY P-?YVNG 1:.: TOTAf, A ?I T-",' F , t:+ Y HE LENDER, WHICH IS $40,054.22, PLUS ANY MORTGAGE. PAYMENTS . . AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: Washington Mutual Bank 1270 Northland Dr. Suite 200 Mendota Heights, Minnesota 55120 You can cure any other default by taking -the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights tt : i t i' it p Slt4' tl'se tiit,.'.r age debt. This meai;s that t lc i1Cirt Ol'.i -'. l'lYTl l? ii ttlCE if this debt will be considered due immediately and you may lose the chance to pay the mortgage in. monthly installments. If full payment of the total amount past due is. not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose unon vour mortgaged propcei-ty. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PI cured the"default within the THIRTY (30) IR TO SHERIFF'S SALE-If you have 'not kY period and foreclosure proceedings have . clue, plus anvjate or. other charges then due, reasonable attorney's fees and costs' x ? _; ?. ti.ah tYie foredo ..:; .? ?1a and and of .?»tS ? ,?m?c.??. ?vi_?z .pie Sheziir5 ??le as specified in writing by the tender and by performin <i iy other requirements wider. the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default-will increase the longer-you wait.. You may find out at-any time exactly what the required payment. or action will be by c6ntacting *the lender,' If money is. due; such: payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above: HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Kreisman Address, 2520 Re.ztaiss once Blvd.. Suite 1 ;0, l;i5)a of Vr sin, 14406 Phone number: .4610278-6800.. Fax number (610) 278_00RA Contact person: Rana Zion, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: p p p abl" G E TO BORROW-- MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT: • TO HAVE T HIS DEFAULT CURED BY ANY -I"HiRD PARTY ACTING ON. YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION. AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO. ASSERT THE NONEXISTENCE .. OF A 'DEFAULT - IN - ANY FORECLOSURE PROCEEDING. OR ANY. OTHER. LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU. MAY HAVE TO SUCH ACTION BY THE.LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTV ITI W1•I1f11 t tti" Froner ?- _? Inen±?wµoi»R nur?: F: n..nl »ni. l n .\ HEMAP.Gonsurnee Credit Counseling:'Agencies CUMBERLAND County . e Acorn Housing 14 S. 13th Street N.. 'j, P,-, , 717213.01`0 .. Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Lingiestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of CaPill .Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 `HFA 211 North Front Street Harrisburg, PA 17110 717.180.3940 800.342.2397 AC*T'* 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE . This. is an official -notice that the mortaaae-on your,home is- in-default. and the lender intends to foreclose. Specific information about the nature of the default. is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your.. home. . This notice explains how the program works. To see if HE MAP can help, you must MELT WITH A CONSUMER CREDIT CIWUN SET.d'?i, AGa,W1' WjT:iI"-i -10 DA-5'S a': I' DAT'1-1 Or-'rmis Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies gNryina y n!Sr Co!-1nty are IiSted at t h t en t1 of +.'_!S 'Lotl? ' If 1-o n haze any moStiw ? yaav ,avaa , you may call. the Pennsylvania Housing Finance Agency toll free at .1-800-342:2397. (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it, You. may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMiA L?LAM?A,?D*O "HOMEOWNER'S EMERGENCY I`iV;:Trr ZJAVL ASSISTAl\\CE Pl\OGIMA] ?" EL CUAL PUEDE SAI..'n:; SV ..HSh DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. .HOMEOWNER'S.NAME(S):. James L. Miller and Stephanie L. Miller. PROPERTY ADDRESS: .296 Old Stone House Road, Carlisle, PA .1'7013 LOAN ACCT. NO.:__ 8459546795 CURRENT.LENDE?JSERVICER: Washington .Mutual Bank .f/k/a Washington- Mutual 06-26678 .. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU. COMPLY WITH. THE PROVISION OF- THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF '1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND '1' `,)U NIEET OTHER EI.:I.IT3 REQUIRL.V;':i "i',` A"J- A,13LE` !liL-0 BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (;0) days, fro,,, the datt ,,,f tt,;s Notice. During that time you must arrange .and attend a ."face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of tlus Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS.IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the propertv_is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in.default for the reasons. set *forth later in-'this Notice (see following' page9 for specific information about the nature of your default.) If You have tried and are unable to resolve this problem • • ?»• »••• ••••' •, ? ••» ?• •• 'b' ••• YY?? ..u........a...a . awvav?auavv uvui .ua?+ Homeowner's Emergency Mortgage Assistance. Program. To do so; you must fill out,. ld file a ?r11 tE` Hem, _ J ' 6ne o f tho, dczignuted consumer ,;relit cc urj,seliiig age neies listed a the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the -Pennsylvania Housing Finance Agency. Your application MUST be filed or. postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS. LETTER, FORECLOSURE. MAY PROCEED AGAINST - YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE. WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. 'hey will be disbursed by the Agency under the eligibility criteria 'established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on 0%. NOTE IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE'S ONLY AND SHOULD NOT BF CONSMERM) AS 2 VI; ATTEMPT TO COLLECT THE•DEBT. f you have filed bankrupts you can s*.ill a i - for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 296 Old Stone House Road, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: April 1, 2005 to May 1, 2006 @ $2,084.38 = $29,181.32 Other charges (explain/itemize): Late Charges: April 16, 2005 to May 16, 2006 @ $87.07 = $1,218.98 Pre-Default Late Charges: _ $76.50 Suspense Credit to Borrower: ($562.12) Escrow Advances: $10,139.54 TOTAL AMOUNT PAST DUE: _ $40,054.22 B.' YOU HAVE FAILED* TO TAKE. THE. FOLLOWING. ACTION (Do not. use if not a licable :... . HOW TO.CURE THE DEFAULT - You may. cure the default. within THIRTY (30) 7 P' ',7 f 71T i..l ?'DLIZ, Wfi C;H_IS $40,034.22, PLUS. ANY INTO I'liriE PAY till iV"1'S . AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.. Payments must be made either by cash, cashier's check; certified-check or money order made payable and sent to: Washington Mutual Bank 1270 Northland Dr. Suite 200 Mendota Heights, Minnesota.55.120 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to at'Cf'1£' ".t4 t17A"s)ort t rTC I°. " . Iii S It. ui. :aat Ah iie o: tSi f.;(1;;ef? balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly. installments. If full. payment of the . total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose unon yotzr mortgaged property. IF THE MORTGAGE IS FOI'.ECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT: TO CURE THE DEFAULT PRIOR TO. SHERIFF'S SALE-If you have not cured.'the default within the THIRTY (30) DAY period and foreclosure-proceedings have due, plus any late or other charges .then due, reasonable attorney's fees --and costs- w. _1i .he f-Yreclosure sale and anv ofl --r costs co_an.:,_fed -,vikli tie Sheriffs Sale as specified in writing by the. lender and. by performing any other requirements unci ;z 1 i e mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you hadnever defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the, default will increase the :longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender:. If money is due, such . payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth-above. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Kreisman address: 2520 Rep.: ssance Blv J., Suite 1.50,_l iii! f Prt s? ia, PA 19406 Phone number.. 4610) 278-6800 Fax number: (610) 278-9990 Contact person: Ilana Zion, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. LENDING INSTITUTION. TO PAYOFF THIS DEBT. - ---- TO IAV-E ThIS DEFAULT CURED BY .ANY THIRD PAIR'l Y ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • : TO ASSERT THE NONEXISTENCE OF- A . DEFAULT IN' ANY- ' FORECLOSURE PROCEEDING OR ANY OTHER .LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO.. SUCH ACTION BY THE LENDER... . • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY {Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COtINTY in which le Yrnrer J' is !oca-fcd, us;-g Ku.`.ft'iv:.?.i ijugiS 11 iicciSSai y j. HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 112012000 Q:,32 2q 6M , - Acorn Housing U.S. 13th Street '!3rrishurc, .'A. '7104 _ I17.213.015r. Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA' 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 i Community Action. Commission of Captial Region.. 1514 Derry Street Harrisburg, PA 17104 , - 717.232.9757 Loveship, Inc. - 2320 North 5th Street Harrisburg, PA -17110 717:232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 P•riFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 . 800.342.2397 N .. 05 ? Ord ?.. ?4 CA 00 A ? c ? '. a. ? ? yipr c {ft- Plat 13 tz, 0.000. N c b v 3 o O }'i N `io c3 w a o? • ? ?' ? ? 411 ? M ? ? ,, :lj> s, p p. is CS g a, o .S cU: a+ m ¢ 0 v ab ©ypp 6 a (9G 0 r . 10, 0- >0 ` .? •,? j7 acs ? '.* . ' ? ? s# ? ?, N v 1 Y? 14 CCD Ni o? P oa ro m ?N mD w 3 N x Qnfirrn tion co V1 n m p twerY a19ndt a ??ndi ng Species ReCel • , t.etulr , , VERIFICATION Ilana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, at she is aut orized to make this Vecation as the Plaintiff is outside the J11r, iction o the Co could not be oj.?ta1I cd tx, Itiil11 dIU-11iille necessary to file this pleading, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information - and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 ka.C.S. Sec. 4904 reiating.to_unsworn falsification to authorities. :... :. SHAPIRO & KREISMAN, LLC Dated:.. .?? BY: q";f' _,. , .1I Attorney for Plaintiff ? + IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY WASHINGTON MUTUAL BANK, vs. Plaintiff Case No.: 66-3527-Civil Term CIVIL ACTION JAMES L. MILLER and STEPHANIE L. MILLER, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE' AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $33,000.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Youri*J,, squire P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 97, hilolf A /3 tit a ,.Fy. . S. VERIFICATION *? ? +r,.» ..:.+F... irs-,?,??rrMraa?wrE+.w?:«c.,• ?? ts.? ?:? iNN?"'.r.?a•:'4• ^='p5611'?,?lIINK"S' 6 .'??-. ,k.w:MA,..a•ukw?, k? .., .oMlo.W?FngMiu FRANK E. YOURICK, JR.,"ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge; information and belief. Frank E. Yourick, Esquire Attorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the 1st day of September, 2006. I served a copy of the Answer to Plaintiff s Complaint upon the following by US first class mail, postage prepaid: Ilana Zion, Esq. Shapiro & Kreisman, LLC 2520 Renaissance Blvd. Suite 150 King of Prussia, PA 19406 Frank E. Yourick, r , Esquir Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 SHAPIRO & KREISMAN, LLC BY: MEGAN D.H. SMITH, ESQUIRE ATTORNEY I.D. NO: 84047 3600 HORIZON BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & K FILE NO. 05-26678 Washington Mutual Bank ; PLAINTIFF, VS. James L. Miller and Stephanie L. Miller DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3527 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS PROCEDURAL HISTORY Plaintiff commenced this Mortgage Foreclosure action by filing a complaint on June 20, 2006. On or about August 9, 2006, Defendants filed an answer to the complaint. ARGUMENT Pennsylvania Rule of Civil Procedure No. 1034(a) provides that "After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings. A judgment on the pleadings is proper only where the pleadings evidence that there are no material facts in dispute such that a trial by jury would be unnecessary. Pennsylvania Financial Responsibility Assigned Claims Plan v. English, 664 A.2d 84, 541 Pa. 424 (1995). When a motion for judgment on the pleadings is brought before the court, the court should confine itself to pleadings themselves and any documents or exhibits properly attached to them; it may not consider inadmissible evidence. Kelly v. Nationwide Ins. Co., 606 A.2d 470, 414 Pa.Super. 6 (1992). Moreover, when ruling on a plaintiff's motion for judgment on the pleadings, only the complaint and the answer containing new f , 1 • matter are to be considered. Eberhart v. Nationwide Mut. Ins. Co., 362 A.2d 1094, 238 Pa.Super. 558 (1976). In the present case, Defendants have failed to respond to the allegations contained in Plaintiff's complaint. According to Pa. R.C.P. No. 1029(b), "Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication." Therefore, all of Plaintiff's allegations, including those pertaining to the event of default and the assessment of damages, are deemed admitted. Moreover, Defendant admits that an arrearage exists with respect to the mortgage. As such, Plaintiff is entitled to judgment CONCLUSION WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the Order attached hereto. Re ectfully su tt ?d, BY. - an H. Smi , Esquire Date: ttorney for Plaintiff Q? -'1? . i . • VERIFICATION Megan D.H. Smith, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing MOTION FOR JUDGMENT ON THE PLEADINGS are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SHAPIRO & KREISMAN, LLC BY: Z4 Me .. Smi Esquire ney for Plaintiff i CERTIFICATE OF SERVICE I, Megan D.H. Smith, Esquire, hereby certify that on September Z?- , 2006, I served a true and correct copy of the within Motion upon the following parties via first class mail, postage prepaid: Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 SHAPIRO & KREISMAN, LLC BY • ` ??? Me an H. h, Esquire N ? _7 f, y ti 47 SHERIFF'S RETURN - REGULAR R ? CASE NO: 2006-03527 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS MILLER JAMES L ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILLER JAMES L the DEFENDANT , at 1911:00 HOURS, on the 11th day of July 2006 at 296 OLD STONE HOUSE ROAD CARLISLE, PA 17013 by handing to JAMES L MILLER 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 Service 18.00 4.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40,/ 07/12/2006 SHAPIRO & KREISMAN Sworn and Subscibed to By: before me this day Deputy her77 of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03527 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS MILLER JAMES L ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MTT T VD C'PL T)W 1tTTP T. the DEFENDANT , at 1911:00 HOURS, on the 11th day of July 2006 at 296 OLD STONE HOUSE ROAD CARLISLE, PA 17013 by handing to JAMES L MILLER, ADULT IN CHARGE 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 Service 6.00 .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00? 07/12/2006 SHAPIRO Sworn and Subscibed to By: before me this day of A.D. V SHERIFF'S RETURN - NOT FOUND s CASE NO: 2006-03527 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS MILLER JAMES L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , OCCUPANT 296 OLD STONE HOUSE ROAD CARLISLE, PA 17013 THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: So answers: Docketing 6.00 Service .00 Not Found _ 5.00 Surcharge 10.00 .00 21 . 00? Sworn and Subscribed to before me this day of R. Thomas Kline Sheriff of Cumberland County SHAPIRO & KREISMAN 07/12/2006 A. D. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Washington Mutual Bank (Plaintiff) vs. James L. Miller and Stephanie L. Miller (Defendant) No. 06-3527 , 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Judgment on Pleadings Term 2. Identify counsel who will argue cases: (a) for plaintiff: Kevin Diskin, Esquire, Shapiro & Kreisman, LLC (Name and Address) 3600 Horizon Dr., Suite 150, King of Prussia, PA 19406 (b) for defendant: Frank E. Yourick, Esquire (Name and Address) P.O. Box 64, Murrysville, PA 15668 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 6, 2006 Date: 1 J Print your name Y Attorney for SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQUIRE ATTORNEY I.D. NO: 86727 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26678 Washington Mutual Bank PLAINTIFF V. James L. Miller and Stephanie L. Miller DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3527 CERTIFICATION OF SERVICE I, Kevin Diskin, Esquire, Counsel for Plaintiff, hereby certify that on October 13, 2006, a true and correct copy of the attached Judgment On Pleadings was served by mailed same by regular mail, postage prepaid, to: Frank E. Yourick, Esquire P.O. Box 64 Murysville, PA 15668 SHAPIRO BY: ,LLC i, Esquire Plaintiff CD .1 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Washington Mutual Bank (Plaintiff) VS. James L. Miller and Stephanie L. Miller (Defendant) No. 06-3527 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Judgment on the Pleadings 2. Identify counsel who will argue cases: (a) for plaintiff. Kevin Diskin, Esquire, Shapiro & Kreisman, LLC (Name and Address) 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 (b) for defendant: Frank E. Yourick, Esquire (Name and Address) P.O. Box 644, Murrysville, PA 15668 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Vehruary 28, 2007 Date: Kevin Diskin, Esquire Print your name Plaintiff Attorney for SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQUIRE ATTORNEY I.D. NO: 86727 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26678 Washington Mutual Bank PLAINTIFF V. James L. Miller and Stephanie L. Miller DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3527 CERTIFICATE OF SERVICE I, Kevin Diskin, Esquire, Counsel for Plaintiff, hereby certify that on February 7, 2007, a true and correct copy of the attached Praecipe for Listing Case for Argument was served by mailed same by regular mail, postage prepaid, to: Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 SHAPIRO & KREISMAN, LLC BY: Kevin Diskin, Esquire ?? c..' 4'C1 ;? ---+ -t -'?"1 ". i _ -C? r} ?- ? ..-. 4 ..-i ?? 1?• ? L, , - _ t? C't ?? _. :"a,' SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26678 Washington Mutual Bank PLAINTIFF VS. James L. Miller and Stephanie L. Miller DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3527 JUDGMENT BY STIPULATION BETWEEN PARTIES It is hereby stipulated and agreed by and between Plaintiff, Washington Mutual Bank and Defendant James L. Miller and Stephanie L. Miller subject to Court approval as follows: 1. That the premises located at 296 Old Stone House Road, Carlisle, Pa 17013 ("Mortgaged Property") as more fully described in paragraph "3" of the Complaint, is owned by the Defendants subject to the Mortgage in favor of Plaintiff. 2. That Judgment in rem shall be entered in the above entitled mortgage foreclosure action against the Defendant, James L. Miller and Stephanie L. Miller, and in favor of the Plaintiff in the amount of $310,951.51 plus interest at the per diem rate of $47.25 for each day after September 29, 2006 through the date of judgment and assessed as follows: t ? Principal Balance due and owing $265,320.10 Interest at 6.50% per annum calculated from $27,191.66 March 1, 2005 through September 28, 2006 at $47.25 each day Late Charges $1,643.76 Escrow Advances $13,377.89 Suspense Credit $(562.12) Property Inspections $44.50 Title Search/Report Fees $250.00 Attorneys' Fees $3,685.72 TOTAL IN REM JUDGMENT AMOUNT $310,951.51 3. That Defendants retains all rights, pursuant to Pennsylvania law, to reinstate or pay-off the Mortgage and Note as described in the Complaint. 4. That Plaintiff waives its rights and interests to pursue any deficiency judgment and/or the enforcement of any in personam action under the Note against Defendants severally or jointly. 5. That Plaintiff agrees that the property will not be listed for Sheriffs Sale until on or after March 1, 2007. 6. That Defendants hereby accepts service of all subsequent pleadings and notices in the manner prescribed under Pa. R.C.P. 440(a). 7. That Defendants agrees to vacate the Mortgaged Property on or before thirty (30) days after the date of Sheriffs Sale, and further agrees to surrender said property broom clean and in like condition as property is this date, normal wear and tear excluded. A Consented to by: BY: y.. Frank E. YouriAk, Esqui Attorney for Defendants SHA,PIR-q & KREISMAN on behalf of ,Wa n n Mutual Bank BY: Dated: b Dated: LAUREN R. TABA; Counsel for Plaintiff ti 0 v° S UP ? -r4 b y a it Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other Washington Mutual Bank File No. e)1 - 3S.27 PLAINTIFF Amount Due $310,951.51 Interest September 29, 2006 to March 1, 2007 is $7,276.50 VS. March 2, 2007 to June 13, 2007 is James L. Miller and Stephanie L. Miller $5,758.48 DEFENDANTS Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as?a lis Widens against real ate defendant(s) described in the attached exhibit. ?--- Date:' Signat re: Print N uren R. Tabas, Esquire Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 93337 f^ b ? a 4 a J -4- ".- " W ; t A ; .to WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3527 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From JAMES L. MILLER AND STEPHANIE L. MILLER (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 $310,951.51 L.L. $.50 Interest 9/29/06 TO 3/1/07 IS $7,276.50 -- 3/2/07 TO 6/13/07 IS $5,758.48 Atty's Comm % Atty Paid $151.40 Plaintiff Paid Date: MARCH 13, 2007 (Seal) Due Prothy $1.00 Other Costs 0E 3k A4 Curtis R. Long, Prothonotary By: Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE.150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26678 Washington Mutual Bank PLAINTIFF ' VS. James L. Miller and Stephanie L. Miller DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY 06-3527 STATE OF: ` N COUNTY OF: V\e?\ AFFIDA VICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. ;SHEAPIRKREISMAN `LC ? uren R. Tabas, Esquire Sworn to and subscribed before me this J 4 4 day ,2006. UUMMUNwEALTH OF PENNSYLVANIA Notarial Seal Andrea Madden, Notary Public Upper Marion Twp., Montgomery County My Commission E)ires June 19, 2008 Member, Pennsylvania Association Or Notaries C"D - ` ;, r .a SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26678 Washington Mutual Bank PLAINTIFF VS. James L. Miller and Stephanie L. Miller DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3527 AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 296 Old Stone House Road, Carlisle, PA 17013. 1. Name and address of Owners or Reputed Owners James L. Miller 296 Old Stone House Road Carlisle, PA 17013 Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 2. Name and address of Defendants in the judgment: James L. Miller 296 Old Stone House Road Carlisle, PA 17013 Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 3 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Mid Atlantic Co-Op and Aero Energy 230 Lincolnway East New Oxford, PA 17350 Tri-Boro Construction Supplies, Inc. and Douglas White 1490 Ritner Way Carlisle, PA 17013 Drive Kore, Inc. P.O. Box 2004 Mechanicsburg, PA 17055 Carlisle Cement Products, Inc. 510 E. North Street P.O. Box 617 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, Plaintiff 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 New Cumberland Federal Credit Union 345 Lewisberry Road New Cumberland, PA 17070 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 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: TENANT OR OCCUPANT 296 Old Stone House Road Carlisle, PA 17013 -AW 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. Section 4904 relating to unsworn falsification to authorities. kPIR(?)& KREISMAN, LLC BY: R. Tabas, Esquii 06-26678 ?? ? ? ? ?_ t ?. - ? w .-.,,., - _i _ ., A _ l ". -.:??-fin e°:? -; ? .'. ?.,.m,. } r J SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26678 Washington Mutual Bank COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. James L. Miller and Stephanie L. Miller NO: 06-3527 DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James L. Miller c/o Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Your house (real estate) at: 296 Old Stone House Road, Carlisle, PA 17013 Tax Map #21-08-0573-133 is scheduled to be sold at Sheriffs Sale on June 13, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00a.m., to enforce the court judgment of $310,951.51 obtained by Washington Mutual Bank against you. 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 back to Washington Mutual Bank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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 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 of 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. r f 4. 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 (610) 278-6800. 5. 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. 6. 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. 7. 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. 8. You have a 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26678 e i ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 9 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc., dated August 10, 1998, approved October 7, 1998 by the Middlesex Township Board of supervisors, and recorded November 6, 1998 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 77, page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 8 of the aforementioned subdivision South thirty-seven (37) degrees fifty-three(53) minutes six (06) seconds West a distance of five hundred twenty-four and ninety-five hundredths (524.95) feet to an iron pin; thence by Lot 8 and by Lot 7 of the aforementioned subdivision South fifty-two (52) degrees six (06) minutes fifty-four (54) seconds East a distance of three hundred fifty (350.00) feet to an iron pin; thence by Lot 6 of the aforementioned subdivision South thirty-seven (37) degrees fifty-three (53) minutes six (06) seconds West a distance of six hundred ninety-one and fifty-nine hundredths (691.59) feet to an iron pin; thence by Lot 11 of the aforementioned subdivision South eighty-eight (88) degrees fifteen (15) minutes zero (00) seconds West a distance of one hundred twenty-seven and eighteen hundredths (127.18) feet to an iron pin; thence by land now or formerly of Robert Line and J. Edward Clouse North one (01) degrees forty-five (45) minutes zero (00) seconds West a distance of seven hundred seventeen and twenty-three hundredths (717.23) feet to an iron pin; thence by Lot 10 of the aforementioned subdivision North eighty-eight (88) degrees fifteen (15) minutes zero (00) seconds East a distance of two hundred sixty and thirty hundredths (260.30) feet to an iron pin; thence by Lot 10 of the aforementioned subdivision North thirty-seven (37) degrees fifty-three (53) minutes six (06) seconds East a distance of five hundred twenty-four and ninety-eight hundredths (524.98) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South fifty-two (52) degrees five (05) minutes twenty-four (24) seconds East a distance of fifty (50.00) feet to a point in the centerline of T-591 (Old Stone House Road) the place of BEGINNING. CONTAINING 7.281 acres of land as surveyed. BEING the same premises which Realand, Inc., a Pennsylvania corporation, by Deed bearing date of the I" day of the October 1999, and recorded on the 18`h day of November, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 211, Page 793 granted and conveyed unto James L. Miller and Stephanie L. Miller, husband and wife. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. Tax Map #21-08-0573-133 r-? 777, r c j: SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26678 Washington Mutual Bank PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3527 James L. Miller and Stephanie L. Miller DEFENDANTS VERIFICATION OF SERVICE PURSUANT TO Pa.R.C.P. 440 The undersigned hereby verifies that she is a legal assistant for Shapiro & Kreisman, LLC, attorneys for the Plaintiff in the above case and that pursuant to Pa.R.C.P 3129.2(c)(1)(ii) and 440, she mailed a true and correct copy of the Notice of Sale in the above-captioned case to Defendants' Attorney by regular, postage pre-paid, on May 2, 2007. I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties set forth in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: qYn SHAPIRO & KREISMAN, LLC BY: Heather Whitman Legal Assistant 06-26678 I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Shapiro and Kreisman, LLC 3600 Horizon Drive, Ste. 150 ring Of Prussia, PA 19406 ??- ,ane piece of ordinary mail addressed to: Tames L Miller c/o Frank E Youri; Esquire P x 44 Murrysville, PA 15668 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Shapiro and Kreisman, LLC 3600 Horizon Drive, Ste. 150 King Of Prussia, PA 19406 i One piece of ordinary mail addressed to: Stephanie L Miller c/o Frank E Y , Jr., Esquire 1 <? ell P.O. Box 644. Murrysville, PA 15668 PS Form 3817, January 2001 a o ?o v CA ? N W ?} a ? N O amo O t a ? LL m cy? - rT W Yd .,d r IT J 0 ?NO o 2 r co O p r7 h ? C? V /?? N 0Y ? N `s p d- ? e° Ct 0 O O ?U- NQ Q ,q .- n ?. ? ?, ? -r1 ? -?rt -,-. -,??. ; r ; ;rte ??; _4,; , ?S ?? 4,. - : r?-;:? 1. _-; r-... .;,?, ..W .C;?f_i..y ?? ? SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26678 Washington Mutual Bank PLAINTIFF VS. James L. Miller and Stephanie L. Miller DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3527 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Heather Whitman, Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the Plaintiff, Washington Mutual Bank, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on April 11, 2007, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & KREISMAN, LLC BY: IsAk LL Heather Whitman Legal Assistant 06-26678 r-? rss ?? T 0 W Oo V V -n co Q C 61 N O N O w o r 0 mdi C CL N?I N ao U jCD N N ool N ? m Z o. ? (/? 0 O ooI vi A W N z CD 3 =r 0, CL a 8? N GIN) _ 2 ® L N N o_ N 3 P iz N CL V 7 I m C? ?.> 3 .tea 4_ I r-. -07 - -3 A o m CD ?GNN D CD 'I? obi o a d _ o Q s' ?- Q o CD R ? a W O W i I "p •o ? ,? L? J' n C, W I Q '. ? O? I N C N? O VVV -I LD ° 0 CD I 1 val 0 m ^, o I ? v m l m m - D Im o I ?1 i O n. cp' ? ri y X 1 0 ION ?,Q^C (n t----L--- --I -----------? oo yo°y3 K' - -- , 0? a CD tic _ ----- T Iy -T- - ------ ?DI (D C CO) -- - - +- ° ` a m 3 r -- - _._ _. L._ --._.--- _--.---- _ _. --__ • CD N J ?Y n o TAO CD F -- - ---;- ---?- ---- o ` *?, c? 21 0 ? 0 co o -A -- ( ) - -- - - CoI ----- --- n-Gffl 9 C + - -11. ID CD - " o - - - m V c -? -- T? N Ail% t t d ? X J) c J N ?, WI m o? `ool d N _? ?I I I I 9 I ? I? y I Q ?;% o ro? I j I ; Ii I ? ??? 10 ml I I I I I ? ??? ? ?' o j I N III ! I, I ? I j ; 1,7'-?, DODO ml I I i I I ` I? I; a oI? I ° II Ij o I I ? v m x d I ; jl I I II i ?- ? o m -4 p I? -? ?I mo nmmmZ ?0I ?m IC ?w.(D tD 0 0 0, M -, y (c 1 0 -? U A s K I o?CT T -? rn _ -a I ? ? i ? ?s a d ate, Qm3 ??i 15 V ' Washington Mutual Bank VS James L. Miller and Stephanie L. Miller In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3527 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Lauren R. Tabas. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of bills So Answers: R. Thomas Kline, Sheriff B Y?j 6 Real Estate Sergeant 30.00 1,465.21 15.00 15.00 .50 1.00 4.80 15.00 30.00 587.00 487.04 16.17 $2,666.72 I/ ,a JI3/D Y 9 I (, G Yis 4'. 1UVFS3 SHAPIRO & KREISN[AN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26678 Washington Mutual Bank PLAINTIFF vs. James L. Miller and Stephanie L. Miller DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-3527 AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 296 Old Stone House Road, Carlisle, PA 17013. 1. Name and address of Owners or Reputed Owners James L. Miller 296 Old Stone House Road Carlisle, PA 17013 Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 2. Name and address of Defendants in the judgment: James L. Miller 296 Old Stone House Road Carlisle, PA 17013 Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 r Mid Atlantic Co-Op and Aero Energy 230 Lincolnway East New Oxford, PA 17350 Tri-Boro Construction Supplies, Inc. and Douglas White 1490 Ritner Way Carlisle, PA 17013 Drive Kore, Inc. P.O. Box 2004 Mechanicsburg, PA 17055 Carlisle Cement Products, Inc. 510 E. North Street P.O. Box 617 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, Plaintiff 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 New Cumberland Federal Credit Union 345 Lewisberry Road New Cumberland, PA 17070 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 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: TENANT OR OCCUPANT 296 Old Stone House Road 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. Section 4904 relating to unsworn falsification to authorities. SIJAPIRO'& KREISMAN, LLC B R. Tabas, Esqui?el 06-26678 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY T.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26678 Washington Mutual Bank COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. James L. Miller and Stephanie L. Miller NO: 06-3527 DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Stephanie L. Miller c/o Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Your house (real estate) at: 296 Old Stone House Road, Carlisle, PA 17013 Tax Map #21-08-0573-133 is scheduled to be sold at Sheriffs Sale on June 13, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00a.m., to enforce the court judgment of $310,951.51 obtained by Washington Mutual Bank against you. 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: The sale will be cancelled if you pay back to Washington Mutual Bank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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. You may 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 of 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. 4. 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 (610) 278-6800. 5. 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. 6. 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. 7. 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. 8. You have a 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26678 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26678 Washington Mutual Bank COURT OF COMMON PLEAS PLAINTIFF ; CUMBERLAND COUNTY vs. ; James L. Miller and Stephanie L. Miller NO: 06-3527 DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James L. Miller c/o Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Your house (real estate) at: 296 Old Stone House Road, Carlisle, PA 17013 Tax Map #21-08-0573-133 is scheduled to be sold at Sheriffs Sale on June 13, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00a.m., to enforce the court judgment of $310,951.51 obtained by Washington Mutual Bank against you. 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 back to Washington Mutual Bank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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 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 of 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. 4. 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 (610) 278-6800. 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. 6. 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. 7. 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. 8. You have a 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26678 t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-3527 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From JAMES L. MILLER AND STEPHANIE L. MILLER (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 $310,951.51 L.L. $.50 Interest 9/29/06 TO 3/1/07 IS $7,276.50 - 3/2/07 TO 6/13/07 IS $5,758.48 Atty's Comm % Due Prothy $1.00 Atty Paid $151.40 Other Costs Plaintiff Paid Date: MARCH 13, 2007 ?44' - R. Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 Real Estate Sale # 113 On March 19, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 296 Old Stonehouse Rd., Carlisle, more fully described on Exhibit "A" Q filed with this writ and by this reference incorporated herein. Date: March 19, 2007 By: Real Estate Sergeant 4tr? Cl.? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27, May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 1A - a Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 )RZAL 1WATE SALi NO. 113 Writ No. 2006-3527 Civil Washington Mutual Bank VS. James L. Miller and Stephanie L. Miller Atty.: Lauren Tabas ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 9 as shown on a plan of lots known as Pheas- ant Crossing prepared for Realand, Inc., by Hoover Engineering Ser- vices. Inc., dated August 10, 1998, approved October 7, 1998 by the Middlesex Township Board of su- pervisors, and recorded November 6, 1998 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 77, page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 8 of the aforementioned subdivision South thirty-seven (37) degrees fifty- three(53) minutes six (06) seconds West a distance of five hundred twenty-four and ninety-five hun- dredths (524.95) feet to an iron pin; thence by Lot 8 and by Lot 7 of the aforementioned subdivision South fifty-two (52) degrees six (06) min- utes fifty-four (54) seconds East a distance of three hundred fifty (350.00) feet to an iron pin; thence by Lot 6 of the aforementioned sub- division South thirty-seven (37) de- grees fifty-three (53) minutes six (06) seconds West a distance of six hundred ninety-one and fifty-nine hundredths (691.59) feet to an iron pin; thence by Lot 11 of the afore- mentioned subdivision South eighty- eight (88) degrees fifteen (15) min- utes zero (00) seconds West a dis- tance of one hundred twenty-seven and eighteen hundredths (127.18) feet to an iron pin; thence by land now or formerly of Robert Line and J. Edward Clouse North one (01) degrees forty-five (45) minutes zero (00) seconds West a distance of seven hundred seventeen and twenty-three hundredths (717.23) feet to an iron pin; thence by Lot 10 of the aforementioned subdivi- sion North eighty-eight (88) degrees fifteen (15) minutes zero (00) sec- onds East a distance of two hun- dred sixty and thirty hundredths (260.30) feet to an iron pin; thence by Lot 10 of the aforementioned subdivision North thirty-seven (37) degrees fifty-three (53) minutes six (06) seconds East a distance of five hundred twenty-four and ninety- eight hundredths (524.98) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South fifty-two (52) degrees five (05) minutes twenty-four (24) seconds East a dis- tance of fifty (50.00) feet to a point in the centerline of T-591 (Old Stone House Road) the place of BEGIN- NING. CONTAINING 7.281 acres of land as surveyed. BEING the same premises which Realand, Inc., a Pennsylvania cor- poration, by Deed bearing date of the 1st day of the October 1999, and recorded on the 18th day of November, 1999 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 211, Page 793 grant- ed and conveyed unto James L. Miller and Stephanie L. Miller, hus- band and wife. UNDER AND SUBJECT TO re- strictions and conditions as now appear of record. Tax Map #21-08-0573-133. • A THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#113 ............................. ..............,. Sworn to and subscribed before me this 18th day of May 2007 A.D. COMMONWEALI'H OF PENNS L.VANIA Notaries Seal-.-'- Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County MyCommission Expires 6,2010 Member. Ponns1 anjg As oc .ion of Notaries Y CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 !WAL MOM 113 alln. ?1srlittrst W"Mrogton Muknll BW* VS James L Wier and Steptw* L. *Mw Atty. Laurgtn 7Om DESCt1WODN ALL THAT CEMIN tract of land situate in Nulfieaex Township, sClulkw6od County, Penusyhuia, being idepfified as Lot 9 as shown on a plea of lots boom as Phea w Classing prepared for Radand, Inc., by Hoover Enowering Services, Inc., dated Augur 10, 1998, approved October 7, 1998 by the NW&M Township *W of and recorded November 6, 1998 in the ace of the Recorder of Deeds in and for Cuoabolud Cm Ay, Peattsylvaoia m Plan Book 77, page, 128, and being more Wty de rkod as foHews, to wit: BEC"Bi VNM at a P60 in the ? crntedioe of T- 5" (Old SWW PRO sack 148 of >t?1?id' ?Ikd?dan trirty- b` ?'lksdi6('I ? 7 of tltt ' ' ? 2) degrees six (06) mmilmn fifty.four East a distance of tree lumdred fleet to au iron pia; thence by Lot# d tip' asetneouoaxd subdivision South tli (37) degees fifg4- (53) h stx (06) seconds %A a distance of six hundred aieety-ow ad fifty-nine Wmdrcft (6691.59) - feet to an iron pin; thence by Lot 11 of the aforementioned subdiviion Swath eighty-eight (88) degrees fifteen (15) minutes zero (00) seconds West a distance of one hundred twenty- seven and`eigbt= hundredths (127.18) feat to an iron pin; thence by land now, or formerly of Robert Line and J. Edward Pow North one (01) degrees Andy-five (45),minates zero (00) seconds. Went a dime of seven . hundred sevaueea and twenty-thee hwdredt ss (71713) feet to an iron pin; :thence by Lot 10 of the aforem subdivision North eighty-eight (88) degrees fifieep (15) minutes zero (00) seconds Elest a distance of two homed sixty and thirty btasdhedt,a (260.30) fee to an iron pin; thence by Lot 10 of the aforementioned wbdivWee Notch t?irty-seven (37) degrees fifty-three (53) minutes six (06) seconds East a distance of five hundred twenty-four and ninety- lwdrWtbs (524.98) feet to a pant in the oekrtiae of T-591; thence in along and trmagh the catadme off-591 South *-two (52)' degrees five (05) etieufrs twenty-four (24) Muds East a disfamx of fifty (50A0) fat to a pout in the cenioline ofT=591 (Old Stone House Road) the p4m of R 1G. C°tR lTAII4ING 7281 am of*wa s»rvc?l. BF.M the $ame Pow* +ddeM? 1ac., a Peunsylvania cMpes , by bead bewn date of the 1st day of dtc Ocsoba 1999, and recorded on the I ft day, of Nuvaubcr, 1999 in the Office of the Rwxdd of Brenda m wad for Owbalmd County, Pewsylva is, in Teed Boot 211, P* 793 g= W and move*"o buttes L KAU and Step mak L. Milkr, hmebaad std wife. UNDER AND SUBIECf TO restrictia®s and condidons as pow Oppemd of record: Tax Map 6621=0&05"63.133