Loading...
HomeMy WebLinkAbout06-4140PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215) 563-7000 137896 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff V. MARK E. FORGUSON DONNA I.FORGUSON 754 MEADOW DRIVE CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01, - gI?ld l tUt` / CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 137896 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 137896 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: MARK E. FORGUSON DONNA I.FORGUSON 754 MEADOW DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/12/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1849, Page: 910. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Re M 137896 6. The following amounts are due on the mortgage: Principal Balance $126,234.51 Interest 2,954.70 01/01/2006 through 07/20/2006 (Per Diem $14.70) Attorney's Fees 850.00 Cumulative Late Charges 123.06 12/12/2003 to 07/20/2006 Cost of Suit and Title Search 750.00 Subtotal $ 130,912.27 Escrow Credit -559.67 Deficit 0.00 Subtotal $- 559.67 TOTAL $ 130,352.60 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 130,352.60, together with interest from 07/20/2006 at the rate of $14.70 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN LLINAN & SCHMIEG L By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 137896 LEGAL DESCRIPTION ALL THOSE TWO (2) CERTAIN tracts or parcels of land and premises situate lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: PARCEL NO. 1: BEGINNING at a point on the south side of a fifty (50) foot road known as Meadow Drive, said point being south 67 degrees 20 minutes west eight hundred forty-nine and six one-hundredths (849.06) feet from the west side of a township road known as Erford Road, as shown in the plan of lots known as West Creek Hills, recorded in the Recorder's Office in and for Cumberland County in Plan Book 8, Page 4, said point also being south 67 degrees 20 minutes two hundred ten (210) feet from the western line of Lot No. 6 as shown in said plan of lots; thence along line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, south 22 degrees 40 minutes east one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes West eighty (80) feet to an iron pin; thence along other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 22 degrees 40 minutes west one hundred seventy (170) feet to an iron pin on the south side of Meadow Drive; thence along the south side of Meadow Drive north 87 degrees 20 minutes east eighty (80) feet to a point, the place of BEGINNING. Drive. BEING improved with a one story dwelling house and attached carport known and numbered as 764 Meadow PARCEL NO. 2: ALL THAT CERTAIN triangular piece of ground situate on the south side of Meadow Drive in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Meadow Drive at the comer of other property now or formerly of Harris J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); thence along the line of said property now or formerly of Harry J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); south 22 degrees 40 minutes east, one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes west, ten (10) feet to an iron pin; thence along the line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (170.29) feet to a point on the south side of Middle Drive, the place of BEGINNING. BEING the same premises which Harris J. Baysore, by his Deed dated 23 July 1993, and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book K, Volume 36, at Page 1075, granted and conveyed onto Rudolph S. Clemens, Jr., also known as Rudolph Swartz Clemens, Jr., the decedent whose Estate is the GRANTOR herein. PROPERTY BEING: 754 MEADOW DRIVE File #: 137896 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. -;71 Z?O DATE: ? l 1-0& - FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff r? ? ? V C r? t ?r _?t 7 ? T f J !7; r` ' ' _, ???? ?:: .j; IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION, CIVIL ACTION Plaintiff Case No.: 06-4140 Civil Term VS. MARK E. FORGUSON and DONNA L. FORGUSON, 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 plaintiffs 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 $4,400.00 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. Younc J , Esquir P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 ?w 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. CERTIFICATE OF SERVICE I certify that on the 11th day of August, 2006, I served a copy of the Answer to Plaintiffs Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Frank E. Youfic , r. 1 Attorney for Defendani P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 y" C ° o ?7 t'S' Ss ? Cam') (Its S2 4 C. IV „? -ti SHERIFF'S RETURN - REGULAR CASE NO: 2006-04140 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS FORGUSON MARK E ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FORGUSON MARK E the DEFENDANT , at 1640:00 HOURS, on the 26th day of July , 2006 at 754 MEADOW DRIVE CAMP HILL, PA 17011 DONNA FORGUSON WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers:. Docketing 18.00 Service 12.32 ?'?? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 40.32? 07/27/2006 PHELAN HALLIAN SCHMEIG Sworn and Subscibed to B before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04140 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS FORGUSON MARK E ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FORGUSON DONNA I the DEFENDANT , at 1640:00 HOURS, on the 26th day of July 2006 at 754 MEADOW DRIVE CAMP HILL, PA 17011 DONNA FORGUSON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline 16.00 07/27/2006 912s104, PHELAN HALLINAN SCHMEIG Sworn and Subscibed to By. before me this day D uty Sherif of A. D. w 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. GMAC Mortgage Corporation VS. Mark E. Forguson Donna I. Forguson (Plaintiff) (Defendants) No.06 Civil Term 4140 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff Sheetal R. Shah-Jani, Esquire Address: Phelan Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 J.F.K Blvd, Suite 1400 Philadelphia, PA 19103 (b) for defendant: Frank E. Yourick, Esquire Address: P.O. Box 644 Murrysville, PA 15668 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 6, 2006 Date: Sheetal R. Shah-Jani, E quir Attorney for Plaintiff - f7r PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 5) 563-7000 GMAC Mortgage Corporation 500 Enterprise Road Suite 150 Horsham, PA 19044-0969 Plaintiff VS. Mark E. Forguson Donna I. Forguson 754 Meadow Drive Camp Hill, PA 17011 Defendants Attorney for Plaintiff : Court of Common Pleas Civil Division : Cumberland County : No. 06-4140 Civil Term I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support thereof, Order, Praecipe for Argument, and Attached Exhibits were sent via first class mail to the persons on the date listed below: Frank E. Yourick, Jr., Esquire P.O.Box 644 Murrysville, PA 15668 Date: ' 0 0 dA I i W A Sheetal R. Shah-Jani, Es V e Attorney for Plaintiff cr? r PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (25) 563-7000 GMAC Mortgage Corporation 500 Enterprise Road Suite 150 Horsham, PA 19044-0969 Plaintiff VS. Mark E. Forguson Donna I. Forguson 754 Meadow Drive Camp Hill, PA 17011 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 06-4140 Civil Term Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendants have admitted that the mortgage is in arrears in paragraph two (2) of their Answer. Therefore, summary judgment is appropriate as is further addressed in Plaintiff's attached Brief. 4. Defendants, Mark E. Forguson and Donna I. Forguson, has filed an Answer to the Complaint in which she has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 5. Pennsylvania Rule of Civil Procedure 1029 provides that averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. 6. In their Answer, Defendants failed to deny the default, amounts due, mortgage and Plaintiff's compliance with Act 6 of 1974 and Act 91 of 1983, therefore they are deemed to have admitted all allegations of Plaintiff's Complaint. True and correct copies of Plaintiffs Mortgage Foreclosure w Complaint and Defendants' Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. Defendants, Mark E. Forguson and Donna I. Forguson, have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 8. Defendants have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiffs Complaint. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1849, Page 910, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit Al. 10. The Mortgage has been assigned to Plaintiff and has been sent for recording. A true and correct copy of the Assignment to Plaintiff is attached hereto, made part hereof, and marked as Exhibit A2. 11. The Mortgage is due for the February 1, 2006 payment, a period in excess of eight months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 12. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiffs intent to foreclose. True and correct copies of the letters are attached hereto, made part hereof, and marked Exhibit E. 13. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with an authorized credit- counseling agency in accordance with Plaintiffs written notice to Defendants. True and correct copies of the Notice of Homeowner's Emergency Mortgage Assistance Program are attached hereto, made part hereof, and marked Exhibit E. A 14. In their Answer, Defendants have alleged that the amount necessary to cure the arrears is $4,400.00, which should be paid within ninety (90) days. Defendants are incorrect and has produced no proof in support of their allegations. 15. Plaintiff provided Defendants with a reinstatement quote and a payoff figure on September 6, 2006, but Defendants have failed to cure their arrears and/or payoff their loan. The amount necessary to bring the Mortgage current through September 15, 2006 was $9,423.74. True and correct copies of Plaintiffs reinstatement quote and payoff figure are attached hereto, made part hereof, and marked as Exhibit F. 16. Defendants' allegations are not a defense to the foreclosure action. Defendants have the right to reinstate and / or payoff the loan up until one hour before a scheduled Sheriff s Sale. 17. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, PH LAN LINAN & SCHMIEG, LLP %. A Date: By: Sheetal R. Shah-Jani, E ui e Attorney for Plaintiff EXHIBIT A e, Prepared By: Ru"ERT P. ZIEGLER !IECORDER O DEEDS Vn?:RLAND COUNTY-r;1 t,? ;? C 22 PM 1 40 Karen Hoffmann 6090 Central Avenue. St. Petersburg. FL 33707 Parcel Number: 09.18.1304.082 A00 A Return To: Service Link, L.P. 4000 Industrial Boulevard Aliquippa, PA 15001 800.439.5451 (g70 y,11) (Space Above This Liao For Recordit Nts) - MORTGAGE MIN 100073341849509524 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. DEFINITIONS Words used in multiple sections of this document are defined below and other words arc defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated December 12. 2003 together with all Riders to this document. (B) "Borrower" is Mark E. Forguson Donna I. Forguson, husband and wife Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tcl. (888) 679-MERS. 418495 PENNSYLVANIA - Single Family . Fannie Modfr*ddi0 Moc UNIFORM INSTRUMENT WITH MERS Form 3039 1101 -68iPA1 ao2o6l m Popp 1 of 16 1nY t,: T VMP MORTGAGE FORMS - 16001 -7291 BKI849PG09{0 (D) "Lender" is MORTGAGE INVESTORS CORPORATION Lenderisa Corporation organized and existing under the laws of Oh i o Lender's address is 6090 CENTRAL AVENUE. ST. PETERSBURG. FL 33707 0 (E) "Note" means the promissory note signed by Borrower and dated December 12. 2003 The Note states that Borrower owes Lender one hundred twenty-three thousand and 00/100 Dollars (U.S. 3123, 000.00 } plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 1, 2034 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (1o "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider 0 Balloon Rider 0 Planned Unit Development Rider 0 1-4 Family Rider ® VA Rider 0 Biweekly Payment Rider 0 Other(s) ]specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (,q "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (1M "Miscellaneous Proceeds" means any compensation. settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 418495 Ihi S- -681PAt (02061 Pepe 2 of 16 Form 3039 1101 BKI849PG09I I (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 cc seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan " under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County (Type of Recording Jurisdiction] of Cumberl and INarm of Recording Jurisdietionl: SEE EXHIBIT A ATTACHED AND MADE PART HEREOF. which currently has the address of 754 Meadow Drive Camp Hill ('Property Address"): (Streetl Icityl, Pennsylvania 17011 [Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Properly.' Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including. but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 418495 M •661PA1 t02061 Pope 301 16 Form 3039 1101 BK 1849PG09 12 M BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid. Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 418495 w' i dM -68(PA) mom r" • of Is ?242,.3039 1101 81{1849PGO913 . can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for -Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Funds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any-, (c) premiums for any and all insurance required by lender under Section 5; and (d) Mortgage Insurance premiums. if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that arc then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lendcr shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 418495 -68(PA) c02061 Page 6 of 16 Form 3039 1/01 m gK 1 849PG0914 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items arc Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Properly Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage,' and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 418495 40 -6131PA1 io2a6i oapa 6 0l 16 Form 3039 1101 @K1849PG0915 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 418495 Irti{? (M -68(PA) iwooi rp.7 of ie Form 3039 1101 m Bx 1849PG09 16 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as BotTowcr's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations). or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes. but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 418495 4284 C -66(PA) 10206) Paoo a of 16 Form 3039 1/01 8?1849pG0917 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. Thcse agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer. any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer. the arrangement is often termed 'captive reinsurance.' Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 418495 fn.-68(PA) 1o2o61 pogo 9 of 16 Form 3039 1101 $K 1849PG0918 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds arc hereby assigned to and shall be paid to lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds. Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. 'Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 418495 tor•681PAI (02061 Pape 10 of 1s 039 1101 BKI849PG4919 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a 'co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Under may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 418495 -65(PA) 402061 req. i t of 16 Form 3039 1101 m BKI849PG0920 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word 'may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, 'Interest in the Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions arc that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had Occurred; (b) cures any default of any other covenants or 418495 dM -66tPAl 102061 Pa" 12 of 16 Form 3039 1101 O 8K 1849PGO92 I agreements; (c) pays all expenses incurred in enforcing this Security Instrument. including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the 'Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other patty has breached any provision of, or any duty owed by reason of, this Security Instrument. until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) 'Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law- means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) 'Environmental Cleanup' includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 418495 / i a+s -68(PA) 102061 rp* 13 or 16 Form 3039 1101 11111849PGO922 Borrower shall not cause or permit the presence, use, disposal. storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section I8 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the stuns secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, Including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 418495 IMb' '?fi l -66(PA) 102061 P$ps 14 of 16 IN Form 3039 1101 SX 1849pG0923 R ? BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Sea]) Mark E. Forguson -Borrower - (Seal) Donna I. Forguson -Borrower 418495 -68(PA) (02061 - (Sea]) -Borrower _ (Seal) Borrower _ (Seal) -Borrower Pp" 15 of %6 - (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower Form 3039 1101 8K1849PGO924 Certificate of Residence 1, dA.?04 y,v 167- &)l Cr-T"-vN , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 12th day of December. 2003 Agent of Mortgagee V_C' V1 COMMONWEALTH OF PENNSYLVANIA, C 4C"2' C'3'? ?J County ss: On this, the /.? day of ?cv 3 , before me, the undersigned officer, personally appeared nn /P14 Ale ?i F'oze'ee i v ?.. J4 rvw? Jq ??y ir6'w9ar. known to me (or satisfactorily proven) to be the person(s) whose name(s)''//re subscribed to the within instrument and acknowledged that It/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expire 4v_? a 9 a C 17 418495 •681PA) to2o6r fl1 tr7?c `7 C4 /? ?- / c Tide of Officer COMMONWEALTH OF PENNSYLVANIA al hard rwtary Public Greln COO* My Ca::: ts Apr. 29.2007 MemberPwmn #4- Assoda.(j}onnah?JbO?sm Papa 16 of 16 Form 3039 1101 BK 1849PGO925 Exhibit "A" Legal Description All that certain parcel of land situate in the County of Cumberland, Commonwealth of Pennsylvania, being known and designated as follows: Parcel No. 1: Beginning at a point on the south side of a 50 foot road known as Meadow Drive, said point being South 67' 20' West 849.06 feet from the west side of a township road known as Erford Road, as shown in the plan of lots known as West Creek Hills, recorded in the Recorder's office in and for Cumberland County in Plan Book 8 Page 4, said point also being South 67' 20'210 feet from the western line of Lot No. 6 as shown in said plat of lots; thence along line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, South 22' 40' East 170 feet to an iron pin; thence South 67' 20' West 80 feet to an iron pin; thence along other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife. North 22' 40' West 170 feet to an iron pin on the south side of Meadow Drive; thence along the south side of Meadow Drive North 67' 20' East (eight) 80 feet to a point, the place of beginning. Parcel No. 2: Beginning at a point on the south side of Meadow Drive at the comer of other property now or formerly of Harris J. Baysore andRuth M. Baysore, his wife, (Parcel No. 1 above); thence along the line of said property now or formerly of Harry J. Baysore and Ruth M. Bayshore, his wife (Parcel No. 1 above): South 22' 40' East 170 feet to an iron pin; thence South 67' 20' West 10 feet to an iron pin; thence along the line of other land now or formerly of Clyde 0. Smyser and Esther Smyser, his wife, North 19' 18' West, 170.29 feet to a point on the south side of Middle Drive, the place of beginning. Tax ID: 09-18-1304-082 870841 - 1 6K 1849PGO926 VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 12th day of December. 2003 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (herein "Security instrument") dated of even date herewith, given by the undersigned (herein 'Borrower") to secure Borrower's Note to MORTGAGE INVESTORS CORPORATION (herein 'Lender") and covering the Property described in the Security Instrument and located at 754 Meadow Drive, Camp Hill. PA 17011 (Property Address) VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued (hereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations, including, but not limited to, the provision for payrnent of any sum in connection with prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of the secured indebtedness pursuant to Covenant 18 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. 418495 MULTISTATE VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER WITHOUT GUARANTY 40 -5398 103101 / !03 Pagel of 3 Ini?iels: ?. 100 62 91 VMP Mortgage Solutions 18 9KI849PGO927 LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding four per centum (4%) of the overdue payment when paid more than fifteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent payments, but such 'late charge" shall not be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. TRANSFER OF THE PROPERTY: This loan may be declared immediately due and payable upon transfer of the Property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. An authorized transfer ("assumption") of the Property shall also be subject to additional covenants and agreements as set forth below: a) ASSUMPTION FUNDING FEE: A fee equal to one-half percent (.50 %) of the balance of this loan as of the date of transfer of the Property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Vertans Affaris. If the assurner fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee is automatically waived if the assumer is exempt under the provision of 38 U.S.C. 3729 (c). (b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan holder or its authorized agent for determining the creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies. (c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument. 418495 Initial , ?j ®•539R 103101 Page 2 of 3 OK 1849PGO928 IN WITNES WH EOF, Borrower(s) has executed this VA Guaranteed Loan and Assumption Policy Rider. Hark E. Forguson -Borrower Donna I. Forguson -Bortowei Borrower -Borrower -Borrower -Borrower 418495 -53911 (0310) Page 3 of 3 .Borrower -Borrower OKI849PGO929 ADJUSTABLE RATE RIDER 0 Year Treasury Index - Rate Caps? THIS ADJUSTABLE RATE RIDER is made this 12th day of December, 2003 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to MORTGAGE INVESTORS CORPORATION (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 754 Meadow Drive. Camp Hill. PA 17011 (Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 4.250 %. The Note provides for changes in the interest rate and the monthly payments as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES JAI Change Dates The interest rate 1 will pay may change on the first day of 04/01/2007 and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." 418495 MULTISTATE ADJUSTABLE RATE RIDER-Single Family-Veterans Affairs 40-5450 10309).01 101 A : fs L??• te Page 1 of 3 Initial Mortgage S (800)521-7291 BKI849PGO930 IBl The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 30 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will use as a new index any index prescribed by the Department of Veterans Affairs. The Note Holder will give me notice of the new Index. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding two percentage points { 2.000%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Umits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 5.250 % or less than 3.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.0%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be more than five percentage points (5%) higher or lower than the initial rate. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 418495 Init' s' 40-545U (030911.01 Page 2 of 3 10/03 m OKI849PGO93I BY SIGNING BE W, Borrower accepts and agrees to the terms and covenants contained in this Adju ble R e Rider. (Seal) - _? -? ' (Seal) Mark E. Forguson -Borrower Donna I. Forguson -Borrower - (Seal) -Borrower ISeal) -Borrower (Seal) -Borrower 418495 5450 (0309).01 10/03 I Certify t be recorded In Cumbe, „ICj County PA Recorder of Deeds BM 1849PGO932 Page 3 of 3 _ (Seal) Borrower _ (Seal) -Borrower - (Seal) -Borrower EXHIBIT Al VA Case No. 10-10-6-0577716 ADJUSTABLE RATE NOTE (1 Year Treasury Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. December 12. 2003 Camp Hill PA (Datel lCiryl (State) 754 Meadow Drive. Camp Hill. PA 17011 [Property Addressi 1. ]BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 123, 000.00 (this amount is called 'Principal"), plus interest, to the order of the Lender. The Lender is MORTGAGE INVESTORS CORPORATION I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the 'Note Holder." 2. IITEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 4.250 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(8) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the first day of each month beginning on February 1. 2004 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on January 1, 2034 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date.' 1 will make my monthly payments at 6090 CENTRAL AVENUE. ST. PETERSBURG. FL 33707 or at a different place if required by the Note Holder. (B) Amount or my Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. 3 605.09 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that 1 must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of 04/01/2007 , and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." 418495 MULTISTATE ADJUSTABLE RATE NOTE - Single Family - Veterans Affairs (0-544 (03019, 10/03 VMP Matgar sotwvona,8001521.7291 P" 1 of 4 Irrt (8) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The 'Index' is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 30 days before each Change Date is called the 'Current Index.' If the Index is no longer available. the Note Holder will use as a new index any Index prescribed by the Department of Veterans Affairs. The Note Holder will give me notice of the new Index. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding two percentage points ( 2.000 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 5.250 % or less than 3.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.0%) from the rate of interest 1 have been paying for the preceding 12 months. My interest rate will never be more than five percentage points (5%) higher or lower than the initial rate. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or $100.00, whichever is less. Any prepayment if full of the indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial prepayment made on other than an installment due date need not be credited until the next following installment due date or 30 days after such prepayment, whichever is earlier. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of my overdue payment. I will pay this late charge promptly but only once on each late payment. 418495 ,Me- 107091 Pape 2 of 4 INU ? (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default if 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This meats that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. 'Presentment` means the right to require the Note Holder to demand payment of amounts due. 'Notice of Dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. IL UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument'), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Regulations (38 C.F.R. Part 36) issued under the Department of Veterans Affairs ('VA') Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. 418495 40 -544 (03091 Popp 3 or 4 WITNESS THE H ND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) ` ? (Seal) Mark E. Forguson -Borrower Donna I. Forguson -Borrower Without Recourse Pay To The Omer t7 _ (Seal) (Seal) -Borrower -Borrower (Seal) Mortgag In ors Corporation -Borrower By. Date: Z22--/& -63-- (Seal) W. C. THOMAS -Borrower VICE PRESIDENT - (Seal) -Borrower _ (Seal) -Borrower (Sign Original Only] 418495 =0-544 1o3o91 Pop 4 of 4 10103 EXHIBIT A2 ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc. as nominee for Mortgage Investors Corporation" hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by GMAC Mortgage Corp., "Assignee" at the time of execution hereof, sell, assign, transfer and set over unto the said Assignee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by Mark E. Forguson and Donna I. Forguson to Mortgage Electronic Registration Systems, Inc. as nominee for Mortgage Investors Corporation, bearing the date 12/12/2003, in the amount of $123,000.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 12/22/203 in the County of Cumberland, Commonwealth of Pennsylvania, in Mortgage Book 1849 Page 910. Being Known as Premises: 754 Meadow Dr., Camp Hill, PA 17011 Parcel No: 09-18-1304-082 Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be herein affixed and these presents to be duly executed by its proper officers this day of-A*Zus , 2006. Se#Cr-be.r Mortgage Electronic Registration Systems, Inc. as no nee for Mortga Investors Corporatio By: aitan wski, Vice President Sealed and Delivered Margie t in the presence of us; Attest: Shirley Ead Asp it. Secretary State of Pennsylvania ss. County of Montgomery On this day of August; 2006, before me, the subscriber, personally appeared Margie Kwaitanowski, who acknowledged him/herself to be the Vice President of Mortgage Electronic Registration Systems, Inc. as nominee for Mortgage Investors Corporation2anial and that he/she as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes IN WITNESS WHEREOF, I hereunto set my seal EALTR OF PENNSYLVANIA Notarial Seal Pond, Notary Public County Stamp/Seal: Notary Publi 1 Horshamissio ,E ontgo er 3 009 Member. Pennspanla rtasoc;Wion of Notaries The precise address of the within named Assignee is: 500 Enterprise Rd., Ste 150 Horsham, PA 19044 By: Aimee Dowgul A (For Assignee) After recording return to: PHELAN HALLINAN & SCHMIEG, L.L.P One Penn Center 1617 J.F.K. Blvd., Ste.1400 8/30/06 Philadelphia, PA 19103-1814 Kelly Gilchrist 0600903845 Premises: 754 Meadow Drive, Camp Hill, PA 17011 East Pennsboro Cumberland County Pennsylvania DESCRIPTION ALL THOSE TWO (2) CERTAIN tracts or parcels of land and premises situate lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: PARCEL NO. 1: BEGINNING at a point on the south side of a fifty (50) foot road known as Meadow Drive, said point being south 67 degrees 20 minutes west eight hundred forty-nine and six one- hundredths (849.06) feet from the west side of a township road known as Erford Road, as shown in the plan of lots known as West Creek Hills, recorded in the Recorder's Office in and for Cumberland County in Plan Book 8, Page 4, said point also being south 67 degrees 20 minutes two hundred ten (210) feet from the western line of Lot No. 6 as shown in said plan of lots; thence along line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, south 22 degrees 40 minutes east one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes West eighty (80) feet to an iron pin; thence along other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 22 degrees 40 minutes west one hundred seventy (170) feet to an iron pin on the south side of Meadow Drive; thence along the south side of Meadow Drive north 87 degrees 20 minutes east eighty (80) feet to a point, the place of BEGINNING. BEING improved with a one story dwelling house and attached carport known and numbered as 764 Meadow Drive. PARCEL NO. 2: ALL THAT CERTAIN triangular piece of ground situate on the south side of Meadow Drive in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Meadow Drive at the corner of other property now or formerly of Harris J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); thence along the line of said property now or formerly of Harry J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); south 22 degrees 40 minutes east, one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes west, ten (10) feet to an iron pin; thence along the line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (170.29) feet to a point on the south side of Middle Drive, the place of BEGINNING. BEING the same premises which Harris J. Baysore, by his Deed dated 23 July 1993, and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book K, Volume 36, at Page 1075, granted and conveyed onto Rudolph S. Clemens, Jr., also known as Rudolph Swartz Clemens, Jr., the decedent whose Estate is the GRANTOR herein. PARCEL IDENTIFICATION NO: 09-18-1304-082 EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF Pennsylvania ) ss. COUNTY OF Montgomery ) Margie Kwaitanowski, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Limited Signing Officer at GMAC Mortgage Corporation, mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendants have been credited to Defendants' accounts. 5. Defendants' mortgage payments due February 1, 2006 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $126,234.51 Interest $2,954.70 January 1, 2006 through July 20, 2006 (Per Diem $14.70) Attorney's Fees $850.00 Cumulative Late Charges $123.06 December 12, 2003 to July 20, 2006 Cost of Suit and Title Search 750.00 Subtotal $130,912.27 Escrow Credit $-559.67 Escrow Deficit 0.00 TOTAL $130,352.60 7. Mortgagors have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagors with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its interests. fill I Name: gie Kwaitanowski Title: L ited Signing Officer GMAC Mortgage Corporation SWORN TO AND SUBSCRIBED BEFORE ME THIS A DAY OF 2006. File Name and Number: Mark E. Forpson and Donna I. Forguson, Account No. 0600903845 COMMONWEALTH OF pE1`°n'CdSYLVA1416 - Notarial Seat i Debra A. Pond, Notary Public Horsham TV., Mantgomer'? nc,unty ; q My Commission Expires lie p et::ri tiT iJ ,rg 9pF Member. Pennsyivas z Ps EXHIBIT C PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, .PA 19103 (215) 563-7000 1378% GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 V. MARK E. FORGUSON DONNA L FORGUSON 754 MEADOW DRIVE CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM / CT NO.04- 4/1yD l_ 1 v t- L iCYY' CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the followiniz pages, You must take action within twenty (20) days after this complaint and notice are served l?' x`_17 entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 L-Y FILE' PLEASE RETURN _JJ vVe hereby Cc ttfy the, within to be a trl e and ?(«g?r?et ,t the D i 3r o y Ag{ F n'S^ 6 2 f. ? S..! is File #: 137896 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 137896 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff V. MARK E. FORGUSON DONNA I. FORGUSON 754 MEADOW DRIVE CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 137896 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 137896 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 The name(s) and last known address(es) of the Defendant(s) are: MARK E. FORGUSON DONNA I.FORGUSON 754 MEADOW DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/12/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1849, Page: 910. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 137896 6. The following amounts are due on the mortgage: Principal Balance $126,234.51 Interest 2,954.70 01/01/2006 through 07/20/2006 (Per Diem $14.70) Attorney's Fees 850.00 Cumulative Late Charges 123.06 12/12/2003 to 07/20/2006 Cost of Suit and Title Search $ 750.00 Subtotal $ 130,912.27 Escrow Credit -559.67 Deficit 0.00 Subtotal $- 559.67 TOTAL $ 130,352.60 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 130,352.60, together with interest from 07/20/2006 at the rate of $14.70 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. - ' ZE, Z?IAI?l By: LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN LLINAN & SCHMIEG, LLP /s/Francis S. Hallinan File #: 137896 LEGAL DESCRIPTION ALL THOSE TWO (2) CERTAIN tracts or parcels of land and premises situate lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: PARCEL NO. 1: BEGINNING at a point on the south side of a fifty (50) foot road known as Meadow Drive, said point being south 67 degrees 20 minutes west eight hundred forty-nine and six one-hundredths (849.06) feet from the west side of a township road known as Erford Road, as shown in the plan of lots known as West Creek Hills, recorded in the Recorder's Office in and for Cumberland County in Plan Book 8, Page 4, said point also being south 67 degrees 20 minutes two hundred ten (210) feet from the western line of Lot No. 6 as shown in said plan of lots; thence along line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, south 22 degrees 40 minutes east one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes West eighty (80) feet to an iron pin; thence along other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 22 degrees 40 minutes west one hundred seventy (170) feet to an iron pin on the south side of Meadow Drive; thence along the south side of Meadow Drive north 87 degrees 20 minutes east eighty (80) feet to a point, the place of BEGINNING. BEING improved with a one story dwelling house and attached carport known and numbered as 764 Meadow Drive. PARCEL NO. 2: ALL THAT CERTAIN triangular piece of ground situate on the south side of Meadow Drive in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Meadow Drive at the corner of other property now or formerly of Harris J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); thence along the line of said property now or formerly of Harry J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); south 22 degrees 40 minutes east, one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes west, ten (10) feet to an iron pin; thence along the line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (170.29) feet to a point on the south side of Middle Drive, the place of BEGINNING. BEING the same premises which Harris J. Baysore, by his Deed dated 23 July 1993, and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book K, Volume 36, at Page 1075, granted and conveyed onto Rudolph S. Clemens, Jr., also known as Rudolph Swartz Clemens, Jr., the decedent whose Estate is the GRANTOR herein. PROPERTY BEING: 754 MEADOW DRIVE File #: 137896 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: < ?2, J I", FRANCIS S. HALLINAN, ESQUIRE /t::?PL Attorney for Plaintiff EXHIBIT D 131846 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION, Plaintiff vs. MARK E. FORGUSON and DONNA L. FORGUSON, Defendant(s) CIVIL ACTION Case No.: 06-4140 Civil Term 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 $4,400.00 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. Youric J ., Esquire N P.O. Box 644, Mu sville, 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,A, Esquire Attorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the I Ith day of August, 2006, I served a copy of the Answer to Plaintiffs Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Frank E. Yourick, ., Esquire Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 EXHIBIT E GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo , IA 50702 Date: 04/04/06 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how 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 Counselin¢ 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 INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: MARK E. FORGUSON 754 MEADOW DRIVE CAMP HILL PA 17011 0600903845 GMAC Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER 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 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 is on your property located at 754 MEADOW DRIVE CAMP HILL PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 02/01/06 through 04/01/06. See attached Exhibit for payment breakdown. Monthly Payments $ 2461.14 Late Charges $ 128.60 NSF $ 0.00 Inspections $ 45.00 Other (Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 2634.74 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 $ 2634.74, 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 or certified check made payable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 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.) 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 lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually 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) DAYS 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 Sheriff's 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 Sheriff's 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 Sheriff's 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 Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Waterloo 9 IA 50702 Phone Number: 800-850-4622 Fax Number: 319-236-7437 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE - You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD 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 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 IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5039 EXHIBIT 02/01/06 through 04/01/06 Mo. Pmt. Amt. $ 820.38 CIMA_ Mortgage Corporation 3451 Hammond Avenue Waterloo I IA 50702 Date: 04/04/06 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how 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 Countv 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 INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: DONNA I.FORGUSON 754 MEADOW DRIVE CAMP HILL PA 17011 0600903845 GMAC Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER 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 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 is on your property located at 754 MEADOW DRIVE CAMP HILL PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 02/01/06 through 04/01/06. See attached Exhibit for payment breakdown. Monthly Payments $ 2461.14 Late Charges $ 128.60 NSF $ 0.00 Inspections $ 45.00 Other (Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 2634.74 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 $ 2634.74, 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 or certified check made payable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing 3451 Hammond Avenue Waterloo I IA 50702 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.) 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 lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually 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 i. ay also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS 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 Sheriff's 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 Sheriff's 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 Sheriff's 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 Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Waterloo I IA 50702 Phone Number: 800-850-4622 Fax Number: 319-236-7437 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE - You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD 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 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 IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5039 EXHIBIT 02/01/06 through 04/01/06 Mo. Pmt. Amt. $ 820.38 EXHIBIT F PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com FACSIMILE TRANSMITTAL SHEET TO: FROM: Frank Yourick, Esquire Michael Thurman ATTENTION: DATE: 9/612006 FAX NUMBER: TOTAL NO. OF PAOE& INCLUDING COVER: (724) 325-3124 4 RE- LOAN NUMBER-: Mark & Donna Forguson 0600903845 ? URGENT ® FOR REVIEW ? PLEASE COMMENT ? PLEASE REPLY ? PLEASE RECYCLE Please see attached reinstatement figure good through 9115106. Plea" be advised thattlds firm Is a daft coUsdor attempting to collect a debt. Any Inlbrmatkaa recelved wgk be used fir that purpose. If you have received a discharge In bankruptcy, and this debt was not reafltrmod, this correspondence Is net and should not be construed to be an attampt to cc8at a debt, but only onf weemest are lion agaiast property. As afthe data ofthis communk etIon, you owe the amount specffled. Because of faterest, late charges, and other charges that may vary from day to day,the amount due an the de, you pay may be greater. Hance, Ifyou pay the amount shown above, an adjustment may be necessary altar we rocaive your clock, In which .rant we wd fahrm you belbrv doposftfng the check for collection. For forther fnforms4on, write the undersigned or cag (3is) 369-7000 and ask for the Belastatemest Department. PHELAN HAI.LINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fiedphe.com Foreclosure Resolution Department September 8, 2006 Via Facsimile to (724) 326-3124 Frank Yourick, Esquire Re. GMA C Mortgage Corporation v. 764 Meadow Drive, Camp Hill PA A cct#. 0600903846 Representing Lenders in Pennsylvania & New Jersey Mark & Donna Forguson 7701'1 Dear Counsel: In accordance with your recent request, please find a reinstatement figure In the amount of $9,423.74, which Is the amount required to bring the above account currentwith GMAC Mortgage Corporation. Funds must be received In our office no later then 9116MG to allow for processing and mailing to our client. Upon submitting payment, please note the following: a Personal or business checks will not be accepted. The only accepted forms of payments are certified checks, treasurer checks, attorney escrow checks and title agent checks. Checks should be made payable to your mortgage servlcer listed above and forwarded to our office. • All checks must be made payable to the mortgage company stated above, and forwarded to PHELAN HALLINAN & SCHMIEG, LLP. Include account number on the check for proper identification. • It Is possible that either the mortgage company or this firm may Incur additional expenditures In the Interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds Is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Michael Thurman Foreclosure Resolution Department Please be advised that thole firm is a debt collector attempting to collect a debt Any lnformattan recdved will be used fir that purpose. If yon have received a discharge In bankruptcy, and this debt was net ruffirmed, this correspondence It not and should not be construed to be an attempt to cooed a debt, but only eeforoarned era Ilan against property. As orthe data oltthb communlcstlca, you owe the amount epe Mo& Because oriatervt, late charges, and other charges that may vary from day to day, the amount duo on the dry you pay may be greater. Hence, tryst pay the amount shown above, an adjustment may be awmary attar we receive your elwek, In which event we will lnform you betbre depositing the check for collection. Bor tarther iarormagoa, write the undantgnW or call (215) 56 -7M std askfor the Relutatoment Department. PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com Michael Thurman Legal Assistant Ext. 1294 Representing Lenders in Pennsylvania & New Jersey Reinstatement Figure NAME: Mark & Donna Forguson ACCT. #: 0600903845 DATE: 916106 Good Through 9/15/06 Payments Due $6,563.04 Late Fees $257.20 Property Inspections $91.00 BPO Fees $400.00 Attorney Costs $582.50 Attorney Fees $1,550.00 TOTAL r- $9,423.74 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING ANY PAYMENTS] Please be advised that this fkm is a debt collector attempthrg to celled a debt. Any fnformtlaa received will be used far that purpose. If you bays received a discharge In bankruptcy, and this debt was not reafflrmad, this correspondence Is not and should not be construed to be an attempt to collect a debt, but only safbrament of a gan against property. As afthe data oft14 communication, you owe the amount ap effled. Because of fntaret, late charges, and other charges that may vary from day today, the amount due on the dsy you pay nay be greater. Hance, tryou pray the amount shown above, an adjustment may be necessary afierwe reefve your check, In which event we will Inform you before depositing the check fbr collection. For further Information, write the undersigned or call (315) 369-7000 and ask for the Rakutatemart Department. 11 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENTI ""THIS FORM IS TO ASSISTIN PROPER APPLICA71ON OF YOUR PAYMENT. PLEASE COMPLETE TO THE BEST OF YOUR ABILITY' Date: Name on Mortgage: Mark & Donna Forguson, Loan Number: 0600903846 Property Address: 754 Meadow Drive, Camp Hill, PA 17011 Mailing Address: (If different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! ***PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED*** P1w4 be advised that this firm Is a debt collector attempting to collest a debt. Any Iaibrmation rwdvad will be used for that purpose. If you have ncalwd a dischuge In bankruptcy, ad this debt was not reail>rmed, this corresimWgnoe Is not and should not be construed to be as attempt to can" a debt, but ashy 4aforeanent of a flan against property. As ofthe date ofthls communicstica, you owe the mount spect8ed. Because of (stmt,199 charges, and other charges that may vary Vow day to day, the amount duo anthe dy you pgy my be grader. Bence, if you pay the mount shown above, in adjustment maybe necessary after we nsceiveyour cbeclt, In which went we will Infotn you beta depositing the check fir collactlon. ]for iLrther information, write the usdmlgaed or call (215) 363-7000 and askfor the Reinstatement Department User ID: MTHURMAN TO: Name: Frank Yourick, Esquire Company: Fax Phone Number: 17243253124 Contact Phone Number: Info Code 1: Info Code 2: Sent to remote ID:724 325 3124 Sent at:Wed Sep 06 13:09:27 2006 Sent on channel 2 Elapsed Time: 1 minute, 30 seconds Transmission Status (0/339;0/0): Successful Send Page Record: 1 - 4. ------------------------------------------------------------------------------- 11 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com FACSIMILE TRANSMITTAL SHEET TO: FROM Frank Yourick, Esquire Michael Thurman ATTENTION: DATE: 916!2006 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: (724) 325-3124 4 RE- LOAN NUMBER-: Mark & Donna Forguson 0600903845 ? URGENT ® FOR REVIEW ? PLEASE COMMENT ? PLEASE REPLY ? PLEASE RECYCLE Please see attached payoff figure good through 9115106. PHase be advlyd that tbis Brm h a debt collector amomptbg to collect a debt. Any Inibrmatka received will be used far that purpose. Ifyou have revived a discharge In bankruptcy, and this debt was not r oalbfrmed, this correspondence Is not and should not be construed to he an attempt to caged a debt, but onv eaforcomEt oft am against property. As of the die ofthh communkaUaa, you owe the amount specirmA Boman ofhttarest,199 charges, and other charges thg may vary from de, to dsy,the amouutdus on the duly you psy may bo greater. Hance, tfyou pay the amount shown above, an adjustment may be necessary after we rooeiveyour eback, is which crest we wM Inform you befbre depodthtg the check for coR Um For flrrUwrbdormation, write the undersigned or call (115) 50-7000 and aakfor the Reinstatement Department. PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com Foreclosure Resolution Department Representing Lenders In Pennsylvania & New Jersey September 8, 2008 Via Facsimile to (724) 326-3124 Frank Yourlck, Esquire Re: GIW C Mortgage Corporation v Mark 8 Donna Forguson 764 Meadow Drive, Camp Hill PA 17011 Acct; 0600903846 To Whom It May Concern: In accordance with your recent request, please find a payoff figure In the amount of $133,790.61, which Is the amount required to satisfy the above account In full with OMAC Mortgage Corporation. Funds must be received In our ofnoe no later then 8116/06 to allow for processing and mailing to our client. Upon submitting payment, please note the following: Personal checks will not be accepted. Only certified funds purchased from a bank or money orders. Please make check payable to your Mortgage Company or servlcer. • All checks must be made payable to the mortgage company stated above, and forwarded to Phelan Hallinan & Schmleg, LLP. Include account number on the check for proper Identification. It Is possible that either the mortgage company or this firm may Incur additional expenditures In the Interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds Is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our offloe. Sincerely, Michael Thunman PHELAN HALLINAN & SCHMIEG, LLP Foreclosure Resolution Department Pbsee be advised tat this firm Is a debt colte4or anempthng to collect a debt. Any anbrmatton rwdyw will be used for that purpose. Ifyou have received a dlaebege b bankruptcy, and"debt was not reaffirmed, this correspoadenca Is not and should not be construed to be an attempt to collect a debt, but only entaroeawat of a Iles against property. As ofthe data ofthb cwamualearlaa, you owe tho amount mod. Because of fnteret, Into changes, atd other charges that may vary tlom day to day, the anmeM dw on the dsryou psy maybe greater Hance, Wyou pay the amount shown above, an adjustment may be necessary attar we recalveyour check, In which erect we will Inform you babre depositing the check for colladloan. For flartharlnformatlon, wrW the undersigned or call (315) MOW and askfor the Reinstatement[ Department. 4 11 : PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email; FCResolution@fiedphe.com Michael Thunman Legal Assistant Ext. 1284 Representing Lenders in Pennsylvania & New Jersey Payoff Figure NAME: Mark & Donna Forguson ACCT. #: 0600903845 DATE: 916106 Good Through 9/16/06 Principal Balance $126,234.51 Interest $3,797.12 Escrow $898.28 Late Charges $257.20 BPO Fees $400.00 Property Inspections $91.00 Attorney Costs $562.50 Attorney Fees $1,550.00 TOTAL $133,780.61 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING ANY PAYMENTSI Plane be advised thatthis firm is a debt colledor attempting to caged a debt Any Information received will be used for that purpose. If you have received a dleehaege in bankruptcy, aid this debt was not reaffirmed, tide correspondence h not and should not be construed to he an attempt to cogged a debt, but anb enforcement of a. am against property. As ofthe data ofthiscommunication, you owe the amount specified. Because of bderest, late chaega, and other charges that may vary f1rom day to day, the amormt dm on the dq you pay may bo greater. Bence, if you pay the amount shown above, an adjustment may be neceaary after we recelveycur check, in which (rant we wall fnfbrm you befbre depositing the check for collodion For futrt erfnformation, write the undersigned or call (215) N3-7000 and askfor the Rdeutatement Depattt,ert. a ARM PIRELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENTI 'THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT, PLEASE COMPLETE TO THE BEST OF YOUR ABIUTY"** Date: Name on Mortgage: Mark & Donna Ferguson, Loan Number: 0600903846 Property Address: 754 Meadow Drive, Camp Hill, PA 17011 Mailing Address: (If different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! ***PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED*** Please be advised that this firm L a debt collector attempibtg to coiled a debt. Any Intbrmatlon received will be used lbr that purpose. If you have received a dlsdmgp In bankruptcy, and this dept was not reaAtrmed, this corregmWenee b not and should not be co"rued to he an attempt to called a debt, but env eafbrcenent of a Ken Mai" property Ace of g e date oM" oommuakatton, you owe the amount specified. Because ofhtterett, We charges, amd outer charges that may vary hem day to day,tfe amwa4 duo on the day you pay-sy be greater. Hence, Byeu pay the amount shown above, an &Ajutmeat my be necessary alter we receive your check, in which event we will taferm you bebre depodUug the check far ooDedlon. For furtherinformatlon, write the undersigned or tali (115) 50-7000 and aakfor the Reinstatement Department. User ID: MTHURMAN r • ------------------------------------------------------------------------------- TO: Name: Frank Yourick, Esquire Company: Fax Phone Number: 17243253124 Contact Phone Number: Info Code 1: Info Code 2: Sent to remote ID:724 325 3124 Sent at:Wed Sep 06 13:11:33 2006 Sent on channel 0 Elapsed Time: 1 minute, 32 seconds Transmission Status (0/339;0/0): Successful Send Page Record: 1 - 4. ------------------------------------------------------------------------------- Sheetal R. Shah-Jani, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. n? I o' oG 5-ta 11 Date Sheetal R. Shah-Jani, Esq ire Attorney for Plaintiff A r PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 GMAC MORTGAGE CORPORATION VS. MARK E. FORGUSON DONNAI.FORGUSON CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. OL - 81416 PRAECIPE TO REDUCE ORDER TO JUDGMENT TO THE PROTHONOTARY: ?I Kindly enter Consent Judgment in favor of the Plaintiff and against MARK E. FORGUSON AND DONNA I.FORGUSON, Defendant(s) in accordance with the ar dated December 19. 2006. Assess Plaintiffs damages against MARK E. FORGUSON AND DONNA .FORGUSON as follows: JCtAC?rnU5 -- As set forth in the Order Interest - 07/20/06 to 12/19/06 TOTAL $130,352.60 ? $2,249.10 $132,601.70 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: P O PR 137896 1?1081:006 15:27 FAX 215 563 4481 PHELAN HALLINAN MHMIEG I j PHEIAN HALL*AN & SCIIMIEO, LLP By: R nine R. Day, ey, Esquire Identi;cation No.'87077 ATTORNEY FOP PLAIN''1FF One PCnn Center at Suburban Station Suite 1400 it 1617 I.F.K. Blvd.; Phitad*lphia, PA 19103-1814 21 Court of C( mmon Pleas GMAT Mortgage ;Corporation Civil Divis )n Pl?inti ' County of ( umberland vs. Mark E. Forgusonl No.: 06-4110 Donna 1. Forgusor R fI[I;, T)e?endants .s()Ng1+ ?iT TiJD( ME5a .y?dr+, , 2006 it is he eby agreed by and AND NOW, This day of r between, GMAC, Mortgage Corporation (hereinafter "Plaintiff'), by and tl ough its counsel, Esquire and Mark E. Forgusbn and Donna I. For ;uson (hereinafter repine!, R. Dave, "Defendants") by and through their counsel, Frank E. 'Yourick, Jr. , Esquire, as follows: WHEREAS. Plaintiff is the holder of the Mortgage on the prope ty locat-d at 754 Meadow Drive, damp Hill, PA 17011 (hereirn'after the "Property"); WHEREAS, Defendants are the mortgagors and owners of the Propert: ; WHEREAS, the Mortgage is in default because monthly payments oz the Mo.'tgage due February 1, 2006 and each month thereafter are due and unpaid, WHEREAS, by the terms of the Mortgage, upon default in such paym -,nts for it period of one month, the entire principal balance and all interest due thereon arc due for hwith; WHEREAS, the parties to this Consent Judgment are desirous of r solving the issues raised, in the Complaint and therefore, Plaintiff and Defendants agree as follov judgment is entered in favor of Plaintiff and agains the Defendants in 1. AA in rum 121041'.Q06 15:28 FAX 2t,5 563 4491 PHELAN HALLINAN s.SCHMIEG i.) 4 the suin of $130,J52.60 plus interest from July 20, 2006 at the rate of $14.70 per diem and other i costs ?nd charges !collectible under the Mortgage, for foreclosure and sale of th ° Propevy. 2. Plaintiff may immediately tile: the instant Consent Judgment Pith the Court and list the property f?r Sherifes sale. ?I 3. In I' the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums wIith regard to the Property, including butt not limited to re 1 estate taxes and insurance, then D6fendant will stipulate with Plaintiff to the reassessment of c amages n order to increase or decrease the judgment to reflect the' expenditure made by Plaintiff. 4. Defendants will peacefully vacate the Property by the date of th Sheriffs Sale. 5. Defendants hereby release and forever discharge Plaintiff, is successors and assigns, predeceo,sors, servieers, agents, employees, officers, directors, rc aresenta.ives, and attorneys from and y and all claims, demands, damages, or liabilities when -r now knovni or unkno'" arising out of or in any way connected to Plaintiffs servicing of De Pendants' loan and the within foreclosure action. ,I 6. Thje attorneys executing this Consent Judgment have done sc only after having discussed the terns with their respective clients and having obtained their con ent to be bound by the terms of this Consent Judgment. !I Ii i PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 Plaintiff, V. MARK E. FORGUSON DONNA I.FORGUSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4140 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARK E. FORGUSON is over 18 years of age and resides at, 754 MEADOW DRIVE, CAMP HILL, PA 17011. (c) that defendant DONNA I.FORGUSON is over 18 years of age, and resides at, 754 MEADOW DRIVE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. et_:_;)4C,v ?_ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff vT 1 V b 6 IJ C7 r-> C =C -.r aT N e 0.TJ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4140 CIVEL TERM MARK E. FORGUSON DONNA LFORGUSON Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on zoo ? By: Ail- If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 137896 v PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, V. No. 06-4140 CIVIL TERM MARK E. FORGUSON DONNA LFORGUSON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $130,352.60 Interest - 7/20/06 to 12/19/06 Interest from 12/19/06 to JUNE 13, 2007 (per diem -$21.80) TOTAL $2,249.10 $2,897.00 and Costs $139,335.50 DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 137896 w? O? z w> o H O a zz o z00 Oa a? W(A w y ^ U AGt? O ? O 0 U w ; ww a?w 00 ? w? 3 a at O? O q w ?xw w V U U ?TTT /?,/ v 'V p C',} v 10 C'd cn Y yy_ CIQ i •a C4 r Q, w V a9. 00 as xx UU AA 00 IT Nt y cs. a 44 ? 't 4. CSC ?J • BEING improved with a one story dwelling house and attached carport known and numbered as 764 Meadow Drive. PARCEL NO. 2: ALL THAT CERTAIN triangular piece of ground situate on the south side of Meadow Drive in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Meadow Drive at the corner of other property now or formerly of Harris J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); thence along the line of said property now or formerly of Harry J. Baysore and Ruth M. Baysore, his wife (Parcel No.1 above); south 22 degrees 40 minutes east, one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes west, ten (10) feet to an iron pin; thence along the line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (170.29) feet to a point on the south side of Middle Drive, the place of BEGINNING. PARCEL IDENTIFICATION NO: 09-18-1304-082 TITLE TO SAID PREMISES IS VESTED IN Mark E. Forguson and Donna I. Forguson, his wife, by Deed from Arcee Nichole Clemens, Administratrix of the Estate of Rudolph Swartz Clemens, Jr., late, dated 11/30/1999, recorded 12/02/1999, in Deed Book 212, page 423. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4140 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From MARK E. FORGUSON AND DONNA L. FORGUSON (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 $130,352.60 L.L. $.50 Interest - 7/20/06 TO 12/19/06 - $2,249.10 -- INTEREST FROM 12/19/06 TO 6/13/07 (PER DIEM - $21.80) - $2,897.00 AND COSTS Atty's Comm % Atty Paid $138.32 Plaintiff Paid Date: DECEMBER 21, 2006 Due Prothy $1.00 Other Costs Cu is R. Lon ro honota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, V. ' MARK E. FORGUSON DONNA LFORGUSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4140 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (x) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. AL DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ATTORNEY FOR PLAINTIFF t ^13 VQ GMAC MORTGAGE CORPORATION Plaintiff, V. ' MARK E. FORGUSON DONNA LFORGUSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 064140 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 754 MEADOW DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name MARK E. FORGUSON DONNA IFORGUSON Last Known Address (if address cannot be reasonably ascertained, please indicate) 754 MEADOW DRIVE CAMP HILL, PA 17011 754 MEADOW DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Mortgage Electronic Registration Systems, Inc., Last Known Address (if address cannot be reasonably ascertained, please indicate) 8201 Greensboro Drive, Suite 350, McLean, VA 22102 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Household Realty Corporation 575 Pierce Street, Suite 202, Kingston, PA 18704 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR. 754 MEADOW DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 PO BOX 644 MURRYSVILLE, PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 19.2006_ DATE DANIEL G. SCHMIEG, ESQUIRF? Attorney for Plaintiff F!-i r ... - f` GMAC MORTGAGE CORPORATION Plaintiff, V. MARK E. FORGUSON DONNA I.FORGUSON Defendant(s). CUMBERLAND COUNTY No. 064140 CIVIL TERM December 19, 2006 TO: MARK E. FORGUSON 754 MEADOW DRIVE CAMP HILL, PA 17011 DONNA I.FORGUSON 754 MEADOW DRIVE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at 754 MEADOW DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $132,601.70 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 BEING improved with a one story dwelling house and attached carport known and numbered as 764 Meadow Drive. PARCEL NO. 2: ALL THAT CERTAIN triangular piece of ground situate on the south side of Meadow Drive in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Meadow Drive at the corner of other property now or formerly of Harris J. Baysore and Ruth M. Baysore, his wife (Parcel No.1 above); thence along the line of said property now or formerly of Harry J. Baysore and Ruth M. Baysore, his wife (Parcel No.1 above); south 22 degrees 40 minutes east, one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes west, ten (10) feet to an iron pin; thence along the line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (170.29) feet to a point on the south side of Middle Drive, the place of BEGINNING. PARCEL IDENTIFICATION NO: 09-18-1304-082 TITLE TO SAID PREMISES IS VESTED IN Mark E. Forguson and Donna I. Forguson, his wife, by Deed from Arcee Nichole Clemens, Administratrix of the Estate of Rudolph Swartz Clemens, Jr., late, dated 11/30/1999, recorded 12/02/1999, in Deed Book 212, page 423. ?-? c:- r.' ?? - ?:?? ? ? ?' i t'ry''. ?? ?? r _ w.. ?1?) . d i h ' V y`? J ' r - t Phelan Hallinan & Schmieg By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION V. Plaintiff, MARK E. FORGUSON Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4140 DONNA I. FORGUSON SALE DATE: JUNE 13, 2007 Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 Daniel G. Schmieg, Esquire, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by regular mail to FRANK E. YOURICK, JR., Attorney of Record for Defendant(s), MARK E. FORGUSON & DONNA I. FORGUSON at P.O. BOX 644, MURRYSVILLE, PA 15668 on JANUARY 17, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.4904 relating to the unsworn falsification to authorities. P LAN LLINAN & SCHMIEG By: DANIEL G. SCHMIT E'r, ESQUIRE rl? L clZWOHA 31N" to LS 300' aaZ E L N f o Los LzttoZO i Y o+ aw O ? Q M?- v ? Y O C7 U 5 N ? 4 N a 7 L 00 aj O p N a or r p. N W U U U??- v ? W `j 4 a ° w Q? p A A ,?? ti ? ? ? F•r _ ? U? ? ?j ^ ? Cj 711 a *Qy .??o u 12 cr. j ;1 00 ? ? O ? Q' ?' ? C7 C7 ? ? N U pG P4 ° O W ISO ?4 vi C) ?' ? b N ° ? W ¢ j ??" 0 CIA z U .r. ?+ Q 00 0? C. r o v w p'a ? v ?g Q u o 0 Y a o b' Fla c? E N ? ? W b Up VI ?Q, V ? A O p u o w ?+ oq°?N o• d u a yQ wx 'S ? a M o d a? ors V 0? U Q o $ z> o z C) ra a _ ? q c kD --< 16 PHELANHALL17VAIV & SCSMMG, LLP By Lawrence T. Phelan, Esquire, ID. No. 32227 Francis S. Hallinan Esquire, ID No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff Court of Common Pleas CUMBERLAND County vs. No. 06-4140 MARK E. FORGUSON DONNA I. FORGUSON Defendant(s) PRAECIPE TO SUBSTITUTE LEGAL DESCRIPTION 6 // / Lo 7 Date Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff TO THE PROTHONOTARY: Kindly substitute the attached legal description for the legal description originally filed with the complaint in the instant matter. PHS # 137896 ALL THOSE TWO (2) CERTAIN tracts or parcels of land and premises situate lying and being in the Township of East 1 ?ennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: PARCEL NO. 1: BEGINNING at a point on the south side of a fifty (50) foot road known as Meadow Drive, said point being south 67 degrees 20 minutes west eight hundred forty-nine and six one-hundredths (849.06) feet from the west side of a township road known as Erford Road, as shown in the plan of lots known as West Creek Hills, recorded in the Recorder's Office in and for Cumberland County in Plan Book 8, Page 4, said point also being south 67 degrees 20 minutes two hundred ten (210) feet from the western line of Lot No. 6 as shown in said plan of lots; thence along line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, south 22 degrees 40 minutes east one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes West eighty (80) feet to an iron pin; thence along other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 22 degrees 40 minutes west one hundred seventy (170) feet to an iron pin on the south side of Meadow Drive; thence along the south side of Meadow Drive north 87 degrees 20 minutes east eighty (80) feet to a point, the place of BEGINNING. Drive. BEING improved with a one story dwelling house and attached carport known and numbered as 754 Meadow PARCEL NO. 2: ALL THAT CERTAIN triangular piece of ground situate on the south side of Meadow Drive in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Meadow Drive at the corner of other property now or formerly of Harris J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); thence along the line of said property now or formerly of Harry J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); south 22 degrees 40 minutes east, one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes west, ten (10) feet to an iron pin; thence along the line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (170.29) feet to a point on the south side of Middle Drive, the place of BEGINNING. PARCEL IDENTIFICATION NO: 09-18-1304-082 Premises : 754 MEADOW DRIVE TITLE TO SAID PREMISES IS VESTED IN Mark E. Forguson and Donna I. Forguson, his wife, by Deed from Arcee Nichole Clemens, Administratrix of the Estate of Rudolph Swartz Clemens, Jr., late, dated 11/30/1999, recorded 12/02/1999, in Deed Book 212, page 423. ? N ^? .C U'A V11 SALE DATE: JULY 11, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION VS. MARK E. FORGUSON DONNA I.FORGUSON No.: 06-4140 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 754 MEADOW DRIVE, CAMP HILL, PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL S IEG, ESQUI Attorney for Plaintiff June 8, 2007 e i i Q w H _ x w a GL L7r c> U (5 W cd" o cdl? ? cUi? c 2 U ? w U o c a0`Da C ? PC cn d L6 L 3000d4Z W0213031JVW LOO LL Nd(' 0 L08 LZb000 ZZ w`° j ±? O09070 WL ZO U .? 5LNOA h3Nlld c Z r « O G O ' , ?. N O y V ca E U ? E v e¢ ? ? X O W O E G Lq . ? V O O ? a Q < ' p OE E ? a J ? c v LO ... [11 O M E E `° U O d ? -0 f. C? [? W .10,111ft N V 69 N w O v 'O UVU ? m W o O g pjV > a v 0 g,g °'° E. ? 00 ? 0) L- w010orw o w E N c ? i ? v Y o O ° E F wl (S? _O ? -- a C ?. v . o v m E ? , 04 O w < a a a a? C7 o M fij p ° -.-s 24, z > 00 O 'E vi 0U a U U U L? N a W W GLl Gil E O Q T) 0 Q Q Q d Iz- Q 3 c 0 0. w C 3 3 LO r- C U w ` 0 ? ! 0, U a 0 0 w kn a Cl 9 Z a 'n tn O w o o > .2 z _ F" Q o c ? U , _ O F ` 5 ?D § O O > -0 o iz U z O 75 a) 4. o V H `i' ° W ¢ w a, W ° a z z x N E ° z z A U H Q 2 CV ° ? a? 3 z m v Or Q °m E h i ? ?a z ? 11 t w F a w w w x o U a ? w ?z CU/] C? end V ?00 r7y 0 Q C/? "C C) U w ca' O a0`Da "d L ea o G> y COD £ T 0l6l 3000dIZW0213031Ib _ W '()OZ 80 Nnr ?g o cos ?zbOOO oQt7'?.Q $ TAIL zO s s u+oa n+rv.l.l,] .9 y Ga eo m O' ?y5 bb 15 E C06 d S31 ,? . y x ? W 'O C p O V O O w 0 -. 3 3?ag c 4 m C ° .5 - c Ey x .W .a eo _ y pjV V y O G y CV .y e e 9 > Q C W y1 C W O W y O ? O O JJ V .? C? ? ? ? rt U V ? p8 QQ±; L r ? 'J in y GL C s L o?? m as m, no = d M F; C e d 0 a ; ?O oo n d $ a Q C = Q bE y L a°w o ,c c c.c v 3 0 m Q 4) 0? CL `.N N 0 •ZH,-N d 0 30wLn .r 0?0 r N 0 ?? xa 41+ + 'c 1 d ~a 3y? , =Na ?' t m?? o a r?S ?y Z ? L c U) v? s Lm y- mV W O ? o e 0 0 fx Lid oU- E ?M p N a.J? E zS .> z a c v o i c u1 ?a 0 CL `m z d ? ? b a a? ?_ ^-' N M ? h b ? ? ? O N °ic "71 GMAC MORTGAGE CORPORATION Plaintiff, V. MARK E. FORGUSON DONNA I.FORGUSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4140 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,754 MEADOW DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name MARK E. FORGUSON DONNA I.FORGUSON Last Known Address (if address cannot be reasonably ascertained, please indicate) 754 MEADOW DRIVE CAMP HILL, PA 17011 754 MEADOW DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Mortgage Electronic Registration Systems, 8201 Greensboro Drive, Suite 350, McLean, Inc., VA 22102 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Household Realty Corporation 575 Pierce Street, Suite 202, Kingston, PA 18704 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR. Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Attention: John Murphy Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 754 MEADOW DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 PO BOX 644 MURRYSVILLE, PA 15668 6th Floor, Strawberry Square Dept. 280601 Harrisburg, PA 17128 13"' Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 1 /mot ?-t. * AAA--k A DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff n ? o --? ?,-?: : ?'' - _... _ ;? r,? ?; f ? ??C?, i - - .?it c? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Plaintiff VS. Mark E. Forguson Donna I. Forguson Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 06-4140 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 21, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on December 21, 2006 in the amount of $132,601.70. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on July 11, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $126,234.51 Interest Through 07/11/07 8,188.34 Per Diem $14.70 Late Charges 488.68 Legal fees 2,925.00 Cost of Suit and Title 962.00 Sheriffs Sale Costs 0.00 Property Inspections 1,709.75 Appraisal/Brokers Price Opinioin 400.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 1.639.27 TOTAL $142,547.55 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 2 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on June 14, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: Phelan Hallinan & Sc eg, LLP B (ic UeIeAra&or4, quire Attorney for Plaintiff 3 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Court of Common Pleas Plaintiff : Civil Division vs. Mark E. Forguson Donna I. Forguson Cumberland County : No. 06-4140 Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 754 Meadow Drive, Camp Hill, PA 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. V. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). 5 The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 6 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well maybe divested, and Plaintiff would sustain a complete loss on the 7 outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 8 VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: P Me & g, LLP B :ire e ic. fo u Attorney for Plaintiff 9 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA,,PA 19103 (215) 563-7000 r 137896 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE i50 HORSHAM, PA 19044-0969 V. MARK E. FORGUSON DONNA L FORGUSON 754 MEADOW DRIVE CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM No. oip '? yI yD ?l U t (? t CUMBERLAND COUNTY Defendants C_ CIVIL ACTION -LAW COWLAI NT IN.MORTGAGE FORECLOSURE NOTICE -" You have been sued in court. If you wish to defend against the claims set forth in the fi owing pages, you must take action within twenty (20) days after this complaint and notice are served, b? entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property, or other rights important to you. YOU SHOULD TAKE THIS PAPER-TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 'THIS OFFICE CAN PROVIDE YOU WITH INFORMAnomABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU Wrm INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ATTORN FILE O Y PLEASE RET O m -T4 'c --„ rV1 ?G 4e hereby ce(WY thO within to be a tree and correct copy of the riginel filed of record File N: 137896 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 137896 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: MARK E. FORGUSON DONNA I. FORGUSON 754 MEADOW DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/12/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1849, Page: 910. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 137896 6. The following amounts are due on the mortgage: Principal Balance $126,234.51 Interest 2,954.70 01/01/2006 through 07/20/2006 (Per Diem $14.70) Attorney's Fees 850.00 Cumulative Late Charges 123.06 12/12/2003 to 07/20/2006 Cost of Suit and Title Search 750.00 Subtotal $ 130,912.27 Escrow Credit -559.67 Deficit 0.00 Subtotal $- 559.67 TOTAL $ 130,352.60 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees-will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 130,352.60, together with interest from 07/20/2006 at the rate of $14.70 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. <:s 7 By. ds S. an CE , E QUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN L NAN & S& CBM EO, LLP / ran LA T. PHELAN S File #: 1378% LEGAL DESCRIPTION ALL THOSE TWO (2) CERTAIN tracts or parcels of land and premises situate lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: PARCEL NO. 1: BEGINNING at a point on-the south side of a fifty (50) foot road known as Meadow Drive, said point being south 67 degrees 20 minutes west eight hundred forty-nine and six one-hundredths (849.06) feet from the west side of a township road known as'Erford Road, as shown in the plan of lots known as West Greek Hills, recorded in the Recorder's Office in and for Cumberland County in Plan Book 8, Page 4, said.point also being south 67 degrees 20 minutes two hundred ten (210) feet from the western line of Lot No. 6 as shown in said plan of lots; thence along line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, south 22 degrees 40 minutes east one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes West eighty (80) feet to an iron pin; thence along other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 22 degrees 40 minutes west one hundred seventy (170) feet to an iron pin on the south side of Meadow Drive; thence along the south side of Meadow Drive north 87 degrees 20 minutes east eighty (80) feet to a point, the place of BEGINNING. BEING improved with a one story dwelling house and attached carport known and numbered as 764 Meadow Drive. PARCEL NO. 2: ALL THAT CERTAIN triangular piece of ground situate on the south side of Meadow Drive in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Meadow Drive at the corner of other property now or formerly of Harris J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); thence along the line of said property now or formerly of Harry J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); south 22 degrees 40 minutes east, one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes west, ten (10) feet to an iron pin; thence along the line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (170.29) feet to a point on the south side of Middle Drive, the place of BEGINNING. BEING the same premises which Harris J. Baysore, by his Deed dated 23 July 1993, and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book & Volume 36, at Page 1075, granted and conveyed onto Rudolph S. Clemens, Jr., also known as Rudolph Swartz Clemens, Jr., the decedent whose Estate is the GRANTOR herein. PROPERTY BEING: 754 MEADOW DRIVE File M. 1378% FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matt", that Plaintiff is outside the jurisdiction of the c--u.*t and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing civil Action in Mortgage Foreclosure are based upon info-nation supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. BY: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban station - Suite 1440 Philadelphia, PA 19103 Attorney for Plaintiff (215 563-70M GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY : COURT OF COMMON PLEAS V& CV4L DIVISION MARK E. FORGUSON ru o DONNA LFORGUSON P. M c1'i AV PRAECIPE TO REDUCE Q RDER TO .yiJDGMENT TO THE PROTHONOTARY: Kindly enter Consent Judgment in favor of the Plaintiff and against MARK L FORGUSO!% AND DONNA LFORG_,SON. Defendant(s) in accordance with the Court's Order dated December 19. 2006. Assess Plaintiffs damages against MARK E. FORGUSON AND DONNA LFORGUSON as follows: As set forth in the Order Interest - 07/20/06 to 12/19/06 TOTAL $130,352.60 $2,249.10 $132,601.70 DANIEL G. SCHMMG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: . 'K.' PRO PROTHY r, ''s =•i`? 137898 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey June 14, 2007 Mark E. Forguson Donna I. Forguson 754 Meadow Drive Camp Hill, PA 17011 RE: GMAC Mortgage Corporation vs. Mark E. Forguson and Donna I. Forguson Premises Address: 754 Meadow Drive, Camp Hill, PA 17011 Cumberland County CCP, No. 06-4140 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9) I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within five days, by Tuesday, June 19, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V truly yours Mi he r squire For Phelan Hallinan & Schmieg, LLP Enclosure i r o? a a-4 0- 0"0" 0 ?otis?.?Nnr?z?oa w o0 coot 'Z4 ,$ 045= 1SQd 0 0 r d W a ? d 7 A ti.. ? o V 1(1 r O $ ? G ?, O y ? w ? O d C c!7 t/? ,p oo ? G io? a a? `? ,eL o viz ? ? tW a p a ao a ai y G N Vj cn r., tV . 1 c b z.do d w L a d' 0 O a; d C' G? L ti 0 W W O ? gNgjj u O g c ? c P A • ? V SJ ? o? 0 0 o SN ? 6 c ? G q u ? So G b h G6 a p p n. V .'?i i a ;eggs O y.,M ?N G ? O ? V1 V u a, '? os?vf .y cL O a V la 0.0 a o z o? a 3 r O A f r rn r pO VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: b Phelan Hallinan & Schmieg, LLP B ftheleMMi M. B a or , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Court of Common Pleas Plaintiff : Civil Division VS. Mark E. Forguson Donna I. Forguson : Cumberland County : No. 06-4140 Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Mark E. Forguson Donna I. Forguson 754 Meadow Drive Camp Hill, PA 17011 Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 DATE: V el H liASc , LLP CB Michele quire At torney for Plaintiff C k 3 GMAC MORTGAGE CORPORATION, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4140-CIVIL MARK E. FORGUSON, DONNA I.FORGUSON, DEFENDANTS CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 26th day of June, 2007, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before July 16, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. x ichele M. Bradford, Esquire Attorney for Plaintiff ark E. Forguson y Donna I. Forguson Defendants ?Frank E. Yourick Jr., Esquire bas VINV1IASNN3d Ano 11 .8 WV L Z Nnr LOQZ AWCI N'O=-1O'cid 33 I ?o PHELAN HALLMAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Plaintiff VS. Mark E. Forguson Donna I. Forguson Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County No. 06-4140 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the June 26, 2007 Rule directing the defendant to show by July 16, 2007 was sent to the following individuals on the date indicated below. Mark E. Forguson Donna I. Forguson 754 Meadow Drive Camp Hill, PA 17011 Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 DATE: g t I d TV all , LLP Tcchhee-' e . Brad ord, squire Attorney for Plaintiff rv C) tzz V C v . ? t PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Plaintiff VS. Mark E. Forguson Donna I. Forguson Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 06-4140 MOTION TO MAKE RULE ABSOLUTE GMAC Mortgage Corporation, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on June 22, 2007. K 3. A Rule was entered by the Court on or about June 26, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on July 10, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of July 16, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP ril 1-11 V `C Date qWA i'Slicbele'M. rad d, t-dquire Attorney for the Plaintiff 77 -' • T }e ?y PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Plaintiff VS. Mark E. Forguson Donna I. Forguson Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-4140 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Mark E. Forguson Donna I. Forguson 754 Meadow Drive Camp Hill, PA 17011 DATE: 1 --C Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 14ichdle M. Bradford; Attorney for Plaintiff n..? ? ?--. ?.:? __, i z-?: ; ?; ,?.-; ?,;, `?., •• ,??- ,: .`xi ?-? JUL SO 2001 10Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage Corporation Plaintiff VS. Mark E. Forguson Donna I. Forguson Defendants Court of Common Pleas Civil Division : Cumberland County : No. 06-4140 ORDER r AND NOW, this 13 day of -SJ kI , 2007, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the writ of execution nunc pro tunc as follows: Principal Balance Interest Through 07/11/07 Per Diem $14.70 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $126,234.51 8,188.34 488.68 2,925.00 962.00 0.00 1,709.75 400.00 0.00 0.00 Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 07/11/07 through the date of sale at six percent per annum. 0.00 1,639.27 $142,547.55 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. 137896 P L 0(l, Z Hi D JUL 8020D1/)4Y PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Plaintiff vs. Mark E. Forguson Camp Hill, PA 17011 Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Cumberland County : No. 06-4140 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on June 22, 2007. A Rule was entered by the Court on or about June 26, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on July 10, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of July 16, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Omi L CHMIEG, LLP Date MheleM. Bradford, squire Attorney for the Plaintiff Exhibit "A" GMAC MORTGAGE CORPORATION, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4140-CIVIL V. : MARK E. FORGUSON, DONNA 1.FORGUSON, DEFENDANTS CIVIL ACTION -LAW ORDER OF COURT AND NOW, this 26"' day of June, 2007, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before July 16, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Michele M. Bradford, Esquire Attorney for Plaintiff Mark E. Forguson Donna I. Forguson Defendants Frank E. Yourick Jr., Esquire M. L. Ebert, Jr., J. bas Exhibit "B" VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Date Michele M. Bradford, Esquire Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Green Ridge Leasing; LLC is the grantee the same having been sold to said grantee on the 11th day of July A.D., 2007. under and by virtue of a writ Execution issued on the 21st day of Dec, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 4140, at the suit of GMAC Mtu Corp against Mark E Forguson & Donna I is duly recorded as Instrument Number 200733656. IN TESTIMONY WHEREOF, I have hereunto set my hand -zt and seal of said office this day of A.D. Ile, ,-1 dAAM0 AMENDED RETURN GMAC Mortgage Corporation In the Court of Common Pleas of VS Cumberland County, Pennsylvania Mark E. Forguson" Writ No. 2006-4140 Civil Term And Donna I. Forgnso.,- Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1919 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Mark E. Forguson and Donna I. Forguson, by making known unto Mark E. Forguson, personally and husband of Donna 1. Forguson, at 748 Erford Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 10 17 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark E. Forguson and Donna I. Forguson, located at 754 Meadow Drive, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Mark E. Forguson and Donna I. Forguson, by regular mail to their last known address of 748 Erford Road, Camp Hill, PA 17011. These letters were mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2007 at 1533 hours, he served a true copy of the within Real Estate Writ, Notice and Amended Description, in the above entitled action, upon the within named defendants to wit: Mark E. Forguson and Donna I. Forguson, by posting the premises located at 748 Erford Road, Camp Hill, Cumberland County, Pennsylvania with a true and correct copy of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 08, 2007 at 1540 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Amended Description, in the above entitled action, upon the property of Mark E. Forguson and Donna I. Forguson, located at 754 Meadow Drive, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on July 11, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $125,100.00 to W. Wayde Kelly for Green Ridge Leasing LLC. It being the highest bid and best price received for the same, Green Ridge Seasing LLC of 6375 Basehore Road, Mechanicsburg, PA 17050, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $130,983.48. Sheriffs Costs: Docketing $30.00 Poundage 2,502.00 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 48.00 ' Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 28.80 Levy 30.00 Surcharge 40.00 Post Pone Sale 20.00 Law Journal 1,402.00 Patriot News 12422.20 Share of Bills 15.81 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $5,674.81 ?^ So AnsWergil, Olt R. Thomas Kline, Sheriff B Real Estate Sergeant 410407 --?'''`c,? " 1,00 tk. 595 It V R -iq-7flf WRIT OF EXECUTJON and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-4140 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: ythe debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) To satlsf From MARK E. FORGUSON AND DONNA L. FORGUSON (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 $130,352.60 L.L. $.50 Interest - 7/20106 TO 12/19/06 - $2,249.10 - INTEREST FROM 12/19/06 TO 6/13/07 (PER DIEM - $21.80) - $2,897.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $138.32 Other Costs Plaintiff Paid Date: DECEMBER 21, 2006 C R. Lon onotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ? Y Real Estate Sale # 02 On January 8, 2007 the Sheriff levied upon the defendant's interest in the real property sit tcd in East Pennsboro Township, Cumberland County, -PA. Known and numbered as 754 Meadow Drive, Camp Hill, East Pennsboro Township, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 8, 2007 By: ?Q Real E Sergeant 9 S =Z d I Z 330 goal c t y' GMAC MORTGAGE CORPORATION . CUMBERLAND COUNTY Plaintiff, . V. COURT OF COMMON PLEAS MARK E. FORGUSON CIVIL DIVISION DONNA LFORGUSON NO. 06-4140 CIVIL TERM Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,754 MEADOW DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK E. FORGUSON DONNA IFORGUSON 754 MEADOW DRIVE CAMP HILL, PA 17011 754 MEADOW DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Mortgage Electronic Registration Systems, Inc., 8201 Greensboro Drive, Suite 350, McLean, VA 22102 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Household Realty Corporation 576 Pierce Street, Suite 242, Kingston, PA 18704 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: . Name Tenant/Occupant • Last Known Address (if address cannot be reasonably ascertained, please indicate) Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR. Commonwealth of Pennsylvania Bureau of Individual Tax inheritance Tax Division Attention: John Murphy Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 754 MEADOW DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 PO BOX 644 MURRYSVILLE, PA 15668 6th Floor, Strawberry Square Dept. 280601 Harrisburg, PA 17128 13'" Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff E Z :0I V S I Or 1001 GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS MARK E. FORGUSON CIVIL DIVISION DONNA I.FORGUSON NO. 06-4140 CIVIL TERM Defendant(s). . V" AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,754 MEADOW DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name MARK E. FORGUSON DONNA I.FORGUSON Last Known Address (if address cannot be reasonably ascertained, please indicate) 754 MEADOW DRIVE CAMP HILL, PA 17011 754 MEADOW DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Mortgage Electronic Registration Systems, 8201 Greensboro Drive, Suite 350, McLean, Inc., VA 22102 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Household Realty Corporation 575 Pierce Street, Suite 202, Kingston, PA 18704 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR, 754 MEADOW DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 PO BOX 644 MURRYSVILLE, PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. December 19, 2006 h. DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff 9S :Z d I Z 330 gO01 kl'c '}. 1' i 4 i i Li W 6: i _s ci k i f W.' GMAC MORTGAGE CORPORATION Plaintiff, V. MARK E. FORGUSON DONNA I.FORGUSON Defendant(s). TO: MARK E. FORGUSON 754 MEADOW DRIVE CAMP HILL, PA 17011 December 19, 2006 CUMBERLAND COUNTY No. 06-4140 CIVIL TERM DONNA I.FORGUSON 754 MEADOW DRIVE CAMP HILL, PA 17011 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAMST PROPERTY. ** Your house (real estate) at, 754 MEADOW DRIVE, CAMS' HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $132,601.70 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. r You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 0.2/01/07 THU 14:43 FAX 2155633826 PHELAN ftAliNAII &SCHMIEG X1002 DESCRIPTION . kLL THOSE TWO (2) CERTAIN tracts or parcels of land and premises situate lying and ben?g in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pau nsy:, 2nia, more particularly described as follows: 3ARCEL NO. 1: 3EGIN]ANG at a point on the south side of a fifty (50) That road known as Meadow Dri ve; t,? Lid point being south 67 degrees 20 minutes west eight hundred forty-nine and six one- hur.dra t Js (849.06) feet from the west side of a township road known as Erford Road, as shown in the pi m of lots known as West Creek Bills, reoorded in the Recorder's Office in and for Cuinbe - and County in Plan Book 8, Page 4, said point also being south 67 degrees 20 minutes twa hmt ind ten (210) feet from the western line of Lot No. 6 as shown in said plan of lots; the ice 31ong line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, south 2; degrees 40 minutes oast one hundred seventy (170) feet to an iron pain; thence south 67 delrom 20 minuW West eighty (80) foot to an iron pin; thence along other land now or formerly of Clye (: O. Smyser and Esther Smyser, his wife, north 22 degrees 40 minutes went one hundred seventy • (170) feet to an iron pin on the south side of Meadow Drive; thence along the south side ofIdea cow Drive north 87 degrees 20 minutes east eighty (80) feet to a point, the place of BEGIM4lNO. BEING improved with a one story dwelling house and attached carport Iemwn and numben-A as 764 Meadow Drive. PARCEL NO. 2: ALL THAT CERTAIN triangular piece of ground situate on the south side of Meadow Dr, ve it the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, boi rode 4 1 and described as follows, to wit: BEGINNING at a point on the south side of Meadow Drive at the comer of other prc pen - now or formerly of Harris J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 ab)ve); thence along the line of said property now or formerly of Harry L Baysore and Ruth M. Baysort, his wife (Parcel No. 1 above); south 22 degrees 40 minutes east, one hundred seventy (170) feeet to an iron pin; thence south 67 degrees 20 minutes west, ten (10) feet to an iron pin; thence ..long the line of other land now or formerly of Clyde 0. Smyser and Esther Smyser, his wFe, north 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (1; 0.29) feet to a point on the south side of Middle Drive, the place of BEGINNING. BEING the same premises which Huris J. Baysore, by his Deed dated 23 July 1993, and recordu I in the Recorder of, Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book F., Volume 36, at Pagc 1075, granted and conveyed onto Rudolph S. Clemens, Jr., also known ; is Rudolph Swartz Clemens, Jr., the decedent whose Estate is the GRANTOR herein. PAJIME.L IDENT1tT'1CATION NO. 09-18-1304.082 KSIV.C SES BEING: 754 MEADOW ]DRIVE, CAMP HILL, PA 17011 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: June 15, June 22 and June 29, 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. (-,V Marie Coyne, EItor SWORN TO AND SUBSCRIBED before me this 29 day of June. 2007 Notary NOWK sm 0"ORM A COW 14 ARM IWO, Clomp CO12M ? 0 26.9010 CUMBERLAND LAW JOURNAL Slaw"ra SALE Writ No. 2006-4140 Civil GMAC Mortgage Corporation vs. Mark E. Forguson and Donna I. Forguson Atty.: Daniel Schmieg By virtue of certain writs of execu- tion, issued out of the Court of Com- mon Pleas of Cumberland County, Pennsylvania, and to me directed, I will expose at public sale by public vendue or outcry, at the Cumberland County Courthouse, in the Borough of Carlisle, Pennsylvania at 10:00 o'clock A.M., Prevailing Time, on July 11, 2007 the hereinafter mentioned real estate. All parties in interest and Claim- ants are hereby notified that a sched- ule of distribution will be filed by the Sheriff on or before August 10, 2007 that distribution will be made in ac- cordance with said schedule unless exceptions are filed thereto within ten (10) days thereinafter. ALL THOSE TWO (2) CERTAIN tracts or parcels of land and premises situate lying and being in the Town- ship of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: PARCEL NO. 1: BEGINNING at a point on the south side of a fifty (50) foot road known as Meadow Drive, said point being south 67 degrees 20 minutes west eight hundred forty-nine and six one-hundredths (849.06) feet from the west side of a township road known as Erfmd Road, as shown in the plan of lots known as West Creek Hills, recorded in the Recorder's Of- fice in and for Cumberland County in Plan Book 8, Page 4, said point also being south 67 degrees 20 minutes two hundred ten (210) feet from the western line of Lot No. 6 as shown in said plan of lots; thence along line of other land now or formerly of Clyde 0. Smyser and Esther Smyser, his wife, south 22 degrees 40 minutes east one hundred seventy (170) feet to an iron pin; thence south 67 de- grees 20 minutes West eighty (80) feet to an iron pin; thence along other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 22 degrees 40 minutes west one hundred seventy (170) feet to an iron pin on the south side of Meadow Drive; thence along the south side of Meadow Drive north 87 degrees 20 minutes east eighty (80) feet to a point, the place of BEGINNING. BEING improved with a one story dwelling house and attached car- port known and numbered as 754 Meadow Drive. PARCEL NO. 2: ALL THAT CERTAIN triangular piece of ground situate on the south side of Meadow Drive in the Township of East Pennsboro, County of Cum- berland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Meadow Drive at the corner of other property now or for- merly of Harris J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); thence along the line of said property now or formerly of Harry J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); south 22 degrees 40 minutes east, one hun- dred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes west, ten (10) feet to an iron pin; thence along the line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (170.29) feet to a point on the south side of Middle Drive, the place of BEGINNING. 11 CUMBERLAND LAW JOURNAL PARCEL IDENTIFICATION NO: 09-18-1304-082. Premises: 754 MEADOW DRIVE. TITLE TO SAID PREMISES IS VESTED IN Mark E. Forguson and Donna I. Forguson, his wife, by Deed from Arcee Nichole Clemens, Admin- istratrix of the Estate of Rudolph Swartz Clemens, Jr., late, dated 11/30/1999, recorded 12/02/1999, in Deed Book 212, page 423. As soon as the properly is knocked down to a purchaser, 10% of the pur- chase price or all costs whichever may be higher, shall be delivered to the Sheriff. If the 10% payment is not made as requested, the Sheriff will direct the auctioneer to resell the property. The balance due shall be paid to the Sheriff by NOT LATER THAN Friday, July 27, 2007 at 12:00 noon, Prevailing Time, otherwise all money previously paid will be forfeited and the property will be resold on August 01, 2007 at 10:00 A.M., Prevailing Time, in the Cumberland County Sheriffs Office, Courthouse, Carl- isle, PA. 12 SCHEDULE OF DISTRIBUTION SALE NO. 02 Date Filed: August 10, 2007 Writ No. 2006-4140 Civil Term GMAC Mortgage Corporation VS Mark E. Forguson and Donna I. Forguson 754 Meadow Drive Camp Hill, PA 17011 Sale Date: July 11, 2007 Buyer: Green Ridge Leasing LLC Bid Price: $125,100.00 Real Debt: $130,352.60 Interest: 5,146.10 Attorney Writ Costs: 138.32 Total: $135,637.02 DISTRIBUTION: Receipts: Cash on account (01/08/2007): $ 1,500.00 Cash on account (07/11/2007): 121510.00 Cash on account (07/26/2007): 118,473.48 Total Receipts: $132,483.48 Disbursements: Sheriffs Costs $5,674.81 Legal Search 300.00 Transfer Tax, Local 1,540.74 Transfer Tax, State 1,540.74 Debbie Lupold, Tax Collector 1,516.11 East Pennsboro Township 439.50 Attorney Daniel Schmieg 1,500.00 GMAC Mortgage Corporation 119,971.58 Total Disbursements: ($132,483.48) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 2, held July 11, 2007 EFFECTIVE DATE: July 11, 2007 PREMISES: 754 Meadow Drive, Camp Hill, Pennsylvania 17011 (East Pennsboro Township), tax parcel No. 09-18-1304-082 (two separate parcels) (the "Premises") RECITAL: Being the same premises which Arcee Nichole Clemens, Administratrix, by her Deed dated November 30, 1999 and recorded December 2, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 212, Page 423, granted and conveyed unto Mark E. Forguson and Donna I. Forguson, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after July 1, 2007. 20. Mortgage in the amount of $10,500.00 from Mark E. Forguson and Donna 1. Forguson to Members 1" Federal Credit Union dated September 20, 2002 and recorded September 24, 2002 in Mortgage Book 1774, Page 1247. -2- 21. Mortgage in the amount of $123,000.00 from Mark E. Forguson and Donna I. Forguson, husband and wife, to Mortgage Investors Corporation dated December 12, 2003 and recorded December 22, 2003 in Mortgage Book 1849, Page 910, assigned September 21, 2006 to GMAC Mortgage Corp. in Miscellaneous Book 730, Page 2839. 22. Mortgage in the amount of $12,951.52 from Mark E. Forguson to Household Realty Corp. dated March 5, 2004 and recorded March 15, 2004 in Mortgage Book 1856, Page 4907. 23. Judgment against Mark E. Forguson and Donna I. Forguson the amount of $130,352.60 in favor of GMAC Mortgage Corp. entered December 21, 2006 to No. 20064140. 24. Municipal Lien in favor of East Pennsboro Township against Mark E. Forguson and Donna I. Forguson in the amount of $283.00 entered May 21, 2007 in No. 2007-3064. 25. The restrictions, limitations and covenants contained in "Restrictions covering Plan of Lots of West Creek Hills, East Pennsboro Township" recorded in Misc. Book 120, Page 208. 26. All building setback lines, easements, notes, condition and all matters appearing in Plan Book 8, Page 4, Plan of West Creek Hills. 27. Rights granted to Bell/Bell Telephone in Misc. Book 115, Page 428. 28. Rights granted PPL and Bell/Bell Telephone in Misc. Book 116, Page 251. 29. Rights granted East Pennsboro Township Authority in Miscellaneous Book 154, Page 218, assigned to Township of East Pennsboro in Miscellaneous Book 230, Page 851. 30. Subject to the rights of others in and to portions of the premises adjoining or within the bed of Erford Road, Meadow Drive and Middle Drive. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE SALE NO. 2 Writ No. 2006-4140 Civil GMAC Mortgage Corporation vs. Mark E. Forguson and Donna. I. Forguson Atty.: Daniel Schmieg DESCRIPTION ALL THOSE TWO (2) CERTAIN tracts or parcels of land and prem- ises situate lying and being in the Townahip of East Pennsboro in the County of Cumberland and Com- monwealth of Pennsylvania, more particularly described as follows: PARCEL NO. 1: BEGINNING at a point on the south side of a fifty (50) foot road known as Meadow Drive, said point being south 67 degrees 20 minutes west eight hundred forty-nine and six one-hundredths (849.06) feet from the west side of a township road known as Erford Road, as shown in the plan of lots known as West Creek Hills, recorded in the Recorder's Office in and for Cumberland County in Plan Book 8. Page 4, said point also being south 67 degrees 20 minutes two hundred ten (210) feet from the westerns line of Lot No. 6 as shown in said plan of lots; thence along line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, south 22 degrees 40 minutes east one hundred sev- enty (170) feet to an iron pin; thence south 67 degrees 20 minutes West eighty (80) feet to an iron pin; thence along other land now or for- merly of Clyde O. Smyser and Esther Smyser, his wife. north 22 degrees 40 minutes crest one hun- dred seventy (170) feet to an iron pin on the south side of Meadow Drive; thence along the south side of Meadow Drive north 87 degrees 20 minutes east eighty (80) feet to a point, the place of BEGINNING. BEING improved with a one story dwelling house and attached car- port known and numbered as 764 Meadow Drive. PARCEL NO. 2: ALL THAT CERTAIN triangular piece of ground situate on the south side of Meadow Drive in the Town- ship of East Pennsboro. County of Cumberland and State of Pennsyl- vania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Meadow Drive at the corner of other property now or for- merly of Harris J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); thence along the line of said property now or formerly of Harry J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 above); south 22 degrees 40 minutes east, one hundred seventy (170) feet to an iron pin; thence south 67 degrees 20 minutes west, ten (10) feet to an iron pin; thence long the line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (170.29) feet to a point on the south side of Middle Drive, the place of BEGIN- NING. BEING the same premises which Harris J. Baysore, by his Deed dated 23 July 1993, and recorded in the Recorder of Deeds Office in and for Cumberland County, Penn- sylvania, in Deed Book K, Volume 36, at Page 1075, granted and con- veyed onto Rudolph S. Clemens, Jr., also known as Rudolph Swartz Clemens, Jr., the decedent whose Estate Is the GRANTOR herein. PARCEL IDENTIFICATION NO: 09-18-1304-082. PREMISES BEING: 754 MEA-- DOW DRIVE, CAMP HILL, PA 17011. 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. Marie W01 N TO AND SUBSCRIBED before me this __A __day of MaL 2007 NOTARIAL-SEAL " LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 20N 1m?? 40" M.2 Writ No. 2006-4140 Cull GMAC Mortgage Corporation VS. Mark E. Forguson and Donna I. Forguson Atty.: Daniel Sehmieg DESCRIPTION ALL THOSE TWO (2) CERTAIN tracts or parcels of land and prem- ises situate lying and being in the Township of East Pennsboro in the County of Cumberland and Com- monwealth of Pennsylvania, more particularly described as follows: PARCEL NO. 1: BEGINNING at a point on the south side of a fifty (50) foot road boom as Meadow Dabs e. a" palms # *@Wk 07 dates 90 Wiles VW K Mot I1 IeMIl1 -0 flNefp•raw aged aft acre- ." feat fleas fee weet dde of a tvwnftp road known as Erford Road, as shown in the plan of lots known as West Creek Hills, recorded in the Recorder's Office in and for Cumberland County in Plan Book 8, Page 4, said point also being south 67 degrees 20 minutes two hundred ten (210) feet from the western line of Lot No. 6 as shown in said plan of lots; thence along line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, south 22 degrees 40 minutes east one hundred sev- enty (170) feet to an iron pin; thence south 67 degrees 20 minutes West eighty (80) feet to an iron pin: thence along other land now or for- merly. of Clyde O. Smyser and Esther Smyser, his wife, north 22 degrees 40 minutes west one hun- dred seventy (170) feet to an iron pin on the south side of Meadow Drive; thence along the south side of Meadow Drive north 87 degrees 20 minutes east eighty (80) feet to a point, the place of BEGINNING. BEING improved with a one story dwelling house and attached car- port known and numbered as 764 Meadow Drive. PARCEL NO. 2: ALL THAT CERTAIN triangular piece of ground situate on the south side of Meadow Drive in the Town- ship of East Pennsboro, County of Cumberland and State of Pennsyl- vania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Meadow I e.At,ft . j corner of other property now or for- merly of Harris J. Baysore and Ruth M. Baysore, his wife (Parcel No. 1 abed; tike song the line of said property hear or roommitj of Harm J. boyeare and > M. . bb Vitt roved Ma. 1 alis 0100h ' 22 A IV, 40 aMitoes shpt. a s hundred seventy (174M feet to as iron pin; thence south 67 degrees 20 minutes west, ten (10) feet to an iron pin; thence long the line of other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, north 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (170.29) feet to a point on the south side of Middle Drive, the place of BEGIN- NING. BEING the same premises which Harris J. Baysore, by his Deed dated 23 July 1993, and recorded in the Recorder of Deeds Office in and for Cumberland County, Penn- sylvania, in Deed Book & Volume 36, at Page 1075, granted and con- veyed onto Rudolph S. Clemens, Jr., also known as Rudolph Swartz Clemens, Jr., the decedent whose Estate Is the GRANTOR herein. PARCEL IDENTIFICATION NO: 09-18-1304-082. PREMISES BEING: 754 MEA- DOW DRIVE, CAMP HILL, PA 17011. 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#2 A . . . ....... . P64? . ............... Sworn to and subscribed be,€Qre me this .18th day of May 2007 A.D. NotadalSeai TCM L. Russell, Notary Public m Dauphin County C Y off * Comm' Expires June 6,201 Q Me a en s +ania Assoriatton of Notafies- PAf ni n DA CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 6