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HomeMy WebLinkAbout07-1426PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 150621 CITIMORTGAGE INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6AJ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 150621 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 #: 150621 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 File #: 150621 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 #: 150621 Plaintiff is CITIMORTGAGE INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/17/1998 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1499, Page: 127. By Assignment of Mortgage recorded 06/05/2000 the mortgage was Assigned To MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which Assignment is recorded in Assignment Of Mortgage Book No. 645, Page 706. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 150621 5 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 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. The following amounts are due on the mortgage: Principal Balance $62,416.44 Interest $1,812.56 10/01/2006 through 03/12/2007 (Per Diem $11.12) Attorney's Fees $1,250.00 Cumulative Late Charges $73.16 11/17/1998 to 03/12/2007 Cost of Suit and Title Search 550.00 Subtotal $66,102.16 Escrow Credit $0.00 Deficit $316.71 Subtotal 316.71 TOTAL $66,418.87 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 150621 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. 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. File #: 150621 10. 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 $66,418.87, together with interest from 03/12/2007 at the rate of $11.12 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SC EG, LLP 3/?On?'55 By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 150621 LEGAL DESCRIPTION BEGINNING AT A POINT IN A PUBLIC ROAD AT LINE OF LANDS FORMERLY A PART OF THE SAME PREMISES AS THE TRACT HEREIN CONVEYED, NOW OR FORMERLY OF ROGER E., DALE L. AND DARYL L. SCHAFFER; THENCE FROM SAID BEGINNING POINT BY THE CENTER OF SAID ROAD AND LANDS NOW OR FORMERLY OF DAVID MYERS, NORTH 32 DEGREES 47 MINUTES EAST 220.00 FEET TO A RAILROAD SPIKE IN THE CENTER OF SAID ROAD; THENCE BY LAND NOW OR FORMERLY OF ATLAS CEMENT COMPANY, SOUTH 05 DEGREES 28 MINUTES EAST 411.00 FEET TO A RAILROAD RAIL; THENCE BY LANDS NOW OR FORMERLY OF CHAMBERLIN ESTATE, SOUTH 71 DEGREES 44 MINUTES WEST, 79.4 FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF ROGER D. SCHAFFER, ET AL, ABOVE MENTIONED, NORTH 18 DEGREES 25 MINUTES WEST, 262.4 FEET TO THE PLACE OF BEGINNING. CONTAINING 0.92 ACRES, MORE OR LESS, AND BEING IMPROVED WITH A SMALL CABIN. SUBJECT HOWEVER TO SUCH EASEMENTS, RESTRICTIONS, AND CONDITIONS THAT MAY APPLY TO THE AFORE-DESCRIBED TRACT OF LAND, RECORDED OR UNRECORDED. PROPERTY BEING: 607 GUTSHALL ROAD File #: 150621 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. - ) Ia.,, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: J V J Cq ?? -43 ' p, ; - w v ?C lJ C.D ({1 Gn7 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 215 563-7000 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1426 CIVIL TERM DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 Defendant(s). . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DANIEL L. BUBB, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/13/07 to 4/17/07 TOTAL $66,418.87 $400.32 $66,819.19 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: I Q?LDD7 Lkw)z PRO ROTH 150621 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 07-1426 CIVIL TERM DANIEL L. BUBB Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: If you have any questions concerning this matter, please contact: DANIEL 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." PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan., Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE INC. Plaintiff' Vs. DANIEL L. BUBB Defendants TO: DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 DATE OF NOTICE: APRIT, 5, 2007 : COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY :NO. 07-1426 FILE COP'S THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARF. IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. V. Plaintiff, DANIEL L. BUBB Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1426 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 DANIEL L. BUBB is over 18 years of age and resides at, 607 GUTSHALL ROAD, BOILING SPRINGS, PA 17007. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff V O IWO W -j w ?rn PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC. Plaintiff, V. No. 07-1426 CIVIL TERM DANIEL L. BUBB Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $66,819.19 Interest from 4/17/07 to SEPTEMBER 5, 2007 $1,548.18 and Costs (per diem -$10.98) Add'1 cost $2,612.50 TOTAL $70,979.87 ?Ckyyu-aa DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at.the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 150621 d O? ?a a? o? OH Uz oU P4 9z P Z Oa ?? U C`J uj Cl- LU o-- O a U cv z C7 a U M+M a w z A O N UW ? wy a? F c ?w wo a;-? W a ? (ZQ ?^^ y V ? y nd no N w 0 0 a C7 z a u d 0 d a? N .Q C?l E5 Lo /W ?y C -u -4 Cy ___) it Cz WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1426 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From DANIEL L. BUBB (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 $66,819.19 L.L. $.50 Interest FROM 4/17/07 TO 9/5/07 (PER DIEM - $10.98) - $1,548.18 AND COSTS Atty's Comm % Atty Paid $129.76 Plaintiff Paid Date: APRIL 27, 2007 (Seal) Due Prothy $2.00 Other Costs ADD'L COST - $2,612.50 C s R. Lo , ro of 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 & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff, V. DANIEL L. BUBB Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1426 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: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /00MIPAY Ackom . DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? Q < co ?CITIMORTGAGE, INC. Plaintiff, V. DANIEL L. BUBB Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1426 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CITIMORTGAGE, INC., 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, 607 GUTSHALL ROAD, BOILING SPRINGS, PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) US BANK NATIONAL ASSOCIATION ND 4325 17TH AVENUE SW FARGO, ND 58103 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 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. April 17, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff sv = Tip a r, - t.- stn co -?? CXj CITIMORTGAGE, INC. Plaintiff, V. DANIEL L. BUBB Defendant(s). CUMBERLAND COUNTY No. 07-1426 CIVIL TERM April 17, 2007 TO: DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 607 GUTSHALL ROAD, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $66,819.19 obtained by CITIMORTGAGE, INC. (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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain lot or tract of land with the improvements thereon erected situate in Monroe Township, Cumberland County, Pennsylvania, and described according to survey made by Rupert G. Perkins, R.P.E., as follows: BEGINNING at a point in a public road at line of lands formerly a part of the same premises as the tract herein conveyed, now or formerly of Roger E., Dale L., and Daryl L. Schaffer; thence from said beginning point by the center of said road and lands now or formerly of David Myers, North 32 degrees 47 minutes East 220.00 feet to a railroad spike in the center of said road; thence by land now or formerly of Atlas Cement Company, South 05 degrees 28 minutes East 411.00 feet to a railroad rail; thence by lands now or formerly of Chamberlin Estate, South 71 degrees 44 minutes West, 79.4 feet to a point; thence by land now or formerly of Roger D. Schaffer, et al, above mentioned, North 18 degrees 25 minutes West, 262.4 feet to the place BEGINNING. CONTAINING 0.92 Acres, more or less, and being improved with a small cabin. SUBJECT however, to such easements, restrictions, and conditions that may apply to the afore-described tract of land, recorded or unrecorded. TITLE TO SAID PREMISES IS VESTED IN Daniel L. Bubb, single man, by Deed from John R. Bubb, Jr. and Christine B. Bubb, husband and wife, dated 08/29/1996, recorded 08/29/1996, in Deed Book 145, page 186. PREMISES BEING: 607 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 PARCEL #22-31-2173-023 _N Q = co :a rn co -? SHERIFF'S RETURN - REGULAR CASE NO: 2007-01426 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BUBB DANIEL L SHAWN HARRISON Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN BUBB DANIEL L was served upon the DEFENDANT , at 2001:00 HOURS, on the 15th day of March , 2007 at 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 DANIEL BUBB by handing to a true and attested copy of NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing His attention to the contents thereof. Sheriff or Deputy Sheriff of Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.76 .00 10.00 (DO ply 33 . 761 '0`01 So Answers: .1'r ?age., R. Thomas Kline Sworn and Subscibed to 3 before me this day 03/16/2007 PHELAN HALLIN CHMI G By. a puty Sheriff of A. D. .? .? ?.a_ ,. ,, ? AFFIDAVIT OF SERVICE 0L`aINTIFF CITIMORTGAGE, INC. DEFENDANT(S) DANIEL L. BUBB SERVE: DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 SERVED CUMBERLAND COUNTY No. 07-1426 CIVIL TERM ACCT. #150621 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 Served and made known to Uq-,4e 11.-- B k 6 6 , Defendant, on the 4-% day of AAA V , 2002, at I h" • o'clock t.m., at GM 645 11A Rd - -, 361 (1 vy? S7r? S' , Commonwealth of Pennsylvania, in the manner described below: 1./ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 256 Height 11??/ n Weight 66 Race W Sex W Other I, f Cy 7 t -1 10 LL a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and subscri e IT- 007 _ ? Z., By. IkWSk ATTEMPT SERVICE ATZEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ofary Public State ci New Jersey NOT SERVED PATRICIA E. HARRIS Ohiel llss'on ExPft q 18, 20(18 , 200___, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant IS` Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 -11? C n - c Mm z c- W SALE DATE: SEPTEMBER 5, 2007 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC. VS. DANIEL L. BUBB No.: 07-1426 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: 607 GUTSHALL ROAD, BOILING SPRINGS, PA 17007. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff July 31, 2007 It 0 J J w ?M W o V o ? ?w Uw•`? b O ?O a a ..a U cn ?W a b ? as E ? r3i zdo ? ? a g y ?O y V N d S W b O Q s r £0 L6 L 3000dlZ VVOH=l a31IVIN F •o H ,c LOOZ SZ 6dti 0 M LZOOOO 9z O $ M Zo a o 53AA0H A3Mtld C C:.. ??® a i ?, Ca moo y e? C o ? o v "go,I sl _ ? G N ?^^^-yyy---??7111 y W ' k M y E w ? L ? ? ^ C 69 > N ? 00 a ` o kn O g cn z a O O r? '•••V oob o w C ? .C w , - M LL4 LLI 1 L to U y C? z o y?a O 0 G S u O .? x U W M o y T L ? l d U U U n°w o O w Q hs. o a o s ? x Q z ? C4 ? U Q p ao z 'o z a o0. ? O Z ? W 6 ? a 0 4L] '+ ? Q' Q' ""` ' z u d ? z as ? z A O H Q °oG F m .a z d b v d Q w ? o? a F a C ° - f, t c,C G ? V y M-4 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Citimortgage, Inc. 5280 Corporate Drive, MS 1011 Frederick, MD 21703 Plaintiff vs. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant Court of Common Pleas Civil Division : Cumberland County : No. 07-1426 Civil Term MOTION FOR EQUITABLE CONVERSION TO REAL PROPERTY AND NOW, COMES PLAINTIFF, Citimortgage, Inc., by its attorneys, Phelan Hallinan & Schmieg, LLP, and presents this Motion for Equitable Conversion to Real Property, and in support thereof, avers the following: On or about November 17, 1998, Defendant Daniel L. Bubb made, executed and delivered a mortgage to Mortgage Investors Corporation in the principal sum of $72,350.00 for the property at 607 Gutshall Road, Boiling Springs, PA 17007, which mortgage was recorded on November 20, 1998 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1499, Page 127. A true and correct copy of the mortgage is attached hereto, made part hereof, and marked as Exhibit "A". 2 Mortgage Investors Corporation delivered an Assignment of the Mortgage to Source One Mortgage Services Corporation, which assignment was recorded on December 21, 1998 in the Office of the Recorder of Deeds of Cumberland County in Book 598, Page 331. A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "A I". 3 Source One Mortgage Services Corporation delivered an Assignment of Mortgage to Mortgage Electronic Registration Systems, Inc., which assignment was recorded on June 5, 2000 in the Office of the Recorder of Deeds of Cumberland County in Book 645, Page 706. A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "A2". 4 Mortgage Electronic Registration Systems, Inc. delivered an Assignment of Mortgage to Plaintiff, which assignment was recorded on March 30, 2007 in the Office of the Recorder of Deeds of Cumberland County in Book 735, Page 2578. A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "A3 5. Defendant defaulted on the mortgage payments, and remains due and owing to Plaintiff for the November 1, 2006 payment and each payment thereafter. 6. On or about March 14, 2007, Plaintiff filed a complaint in mortgage foreclosure. A true and correct copy of the complaint is attached hereto, made part hereof, and marked as Exhibit "B". 7. Defendant Daniel L. Bubb was served with the complaint on March 15, 2007. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof, and marked as Exhibit "C". 8. Plaintiff filed a default judgment against Defendant on April 19, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "D". 9. The property had been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 22-31-2173-023. Based on the Cumberland County assessment ratio of 1. 14, the fair market value of the property is $82,501.80. A true and correct copy of the tax assessment record is attached hereto, made part hereof, and marked as Exhibit «E„ 10. It was clearly the intention of the parties that the $72,350.00 loan be secured by a mortgage on both the land and the house. 11. Plaintiff obtained photographs of the house which reflect a porch, awning, and permanent utility hookups which show the home's permanent affixation to the land. Attached hereto, made part hereof, and marked as Exhibit "I"' are true and correct copies of the photographs of the subject property. 12. In addition, Plaintiff inquired of the Pennsylvania Department of Transportation ("Penndot") and was informed that there is no mobile home registered in the Defendant's name. This is further evidence that the home is not mobile and that the Defendant intends the home to be permanently affixed to the land. A true and correct copy of Penndot's letter is attached hereto, made part hereof, and marked as Exhibit "G". 13. There is no statutory basis in the Commonwealth of Pennsylvania for court declaration that a mobile home has been converted to realty and affixed as part of the land. 14. Pennsylvania is rife with common law that personal property or chattel be considered a fixture and as such, part of the real estate, when it is deemed to have been permanently affixed to the land. 15. Because the property is clearly attached via foundation to the land, it was clearly the intent of the parties that this home be made permanent at its site and that the mortgage cover such home as security interest for the loan. 16. Principles of equity dictate that the intent of the parties should govern. 17. Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer of the property at Sheriff's Sale will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. 18. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Equitable Conversion to Real Property and Order to the Defendant on August 17, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit «H7, 19. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff Citimortgage, Inc. respectfully requests that this Honorable Court enter an Order on this motion, that the property at 607 Gutshall Road, Boiling Springs, PA 17007 with a tax parcel I.D. number of 22-31-2173-023, be equitably converted to real estate by way of this motion, and not subject to separation from land. c PHEL N & SCHMIEG, LLP Date: By:_ Michele M. Br ord, Esquire Attorney for P intiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Citimortgage, Inc. 5280 Corporate Drive, MS 1011 Frederick, MD 21703 Plaintiff vs. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant Court of Common Pleas Civil Division : Cumberland County No. 07-1426 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR EQUITABLE CONVERSION TO REAL PROPERTY 1. PROCEDURAL HISTORY On November 17, 1998, Daniel L. Bubb made, executed and delivered a mortgage on the Property to Mortgage Investors Corporation in the principal amount of $72,350.00. Mortgage Investors Corporation delivered an Assignment of the Mortgage to Source One Mortgage Services Corporation. Source One Mortgage Services Corporation delivered an Assignment of the Mortgage to Mortgage Electronic Registration Systems, Inc. Mortgage Electronic Registration Systems, Inc. delivered an Assigmnent of Mortgage to Plaintiff. Defendant defaulted in payments on the mortgage, and remains due and owing to Plaintiff for the November 1, 2006 payment and each payment thereafter. On or about March 14, 2007, Plaintiff filed a complaint in mortgage foreclosure, and Daniel L. Bubb was served with the complaint on March 15, 2007. Plaintiff filed a default judgment against Defendant on April 19, 2007. The property had been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 22-31-2173-023. Further investigation of the property was obtained by way of photographs taken of the property, to ascertain the status of the real estate improvement. Plaintiff also obtained a report from Penndot. Since the house is a mobile home or a manufactured home, potential third party purchasers of the property may not be able to obtain insurable title. The fact that the house is a mobile home or a manufactured home is a cloud on title. Plaintiff is requesting the entry of a Court Order declaring the house as realty, so that the buyer of the property at Sheriff's sale will acquire clear title to the house and land, and will be able to obtain an owner's policy of title insurance. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. II. LEGAL ARGUMENT A. Conversion to Realty Clearly it was the intent of the mortgagor that the home be used as security for the loan made by Mortgage Investors Corporation and not raw land alone. It was certainly Mortgage Investors Corporation's intent that the mortgage cover the dwelling. In Pennsylvania, the intent of the parties is a key consideration in determining whether or not a chattel becomes a fixture. In re Appeal of Sheetz, Inc, 657 A.2d 1011 (1995). There are at least three considerations to be made in making this determination: (1) the manner in which it is physically attached or installed, (2) the extent to which it is essential to the permanent use of the building or other improvement and (3) the intention of the parties who attached or installed it. Id. At 1013, citing, McCloskey, 101 Pa. Commonwealth Court at 113-4, 515 A.2d at 644 citing, Clothier, the Law of Fixtures in Pennsylvania, 32 Pa. B.Q. 66, 66-67 (1960-61). Plaintiff submits that when these factors are considered, it is evident that the home is affixed to the land. The parties did not sit down at the closing table with the intent to mortgage raw land. If this home was ever mobile, it is not now, being firmly founded without any trace of mobility. Neither is the home convertible back to a mobile status. The Sheetz case goes on to cite the Superior Court case of Streyle v. Board of Property Assessment, 173 Pa. Superior Court 324, 98 A.2d 410 (1953) which held that "[h]ouse trailers, so long as they remain mobile, i.e., equipped with wheels, are personal property and not subject to taxation as real estate". Id. at 327, 328, 98 A.2d at 412. It would stand to reason that once the wheels are removed, permanent affixation is evident, the property should be taxable as real estate. Clayton v. Lienhard, 312 Pa.433, 167 A.321 (1933) is still the lead case cited for determining what category "chattels" fall under in connection with real estate. There is that which is clearly furniture and will always remain personalty, that which is clearly affixed and cannot be removed without injury to the real estate or the fixture itself, and that under which mobile homes fall: physically connected to the real estate, but removable without destroying the mobile home or the real estate. Plaintiff submits that the home at 607 Gutshall Road, Boiling Springs, PA 17007 falls under the second classification. However, were the court to find that it was a "mobile home" under the Cla on definition, it would still need to find the home to be real estate, due to the determining factor that is the intent of the parties at the time of annexation Id. At 436, 322 (emphasis added). The Boyd Appeal case heard in Beaver County, Pennsylvania held that a "mobile home" which had its mobility removed was no longer a "mobile home" for zoning purposes, but should be deemed a single-family dwelling. It further distinguished between trailers (with wheels) and mobile homes, indicating that "the structural construction of th[is] home differs from that of a conventional home only to the extent that it is of a smaller scale. The degree of difficulty in physically moving the structure is the same". Boyd Appeal, 67 Pa. D. & C. 2d1, 1974 WL 15624 (Pa.Com.Pl) (1974). In defining the structure, the Court set forth a plethora of factors that it found to separate such a permanent home from that of a trailer, such as the foundation itself, the building materials, the water, sewer and electricity utilities, telephone service, septic tank and fuel oil heating unit. Id. at 15. Further, counsel for Plaintiff in prior cases with very similar fact patterns has had relief granted in its favor in several Pennsylvania counties. In the instant case, Daniel L. Bubb has clearly evidenced similar manifestations of intent to have this dwelling be permanently affixed to the land. It is clear from the photographs attached hereto that there is utility hookup, a porch, and a permanent foundation, and the interior of the dwelling is replete with the amenities of any other home. Further, as evidenced by the Cumberland County Tax Assessment documents attached to Plaintiff's instant motion, this property has been assessed as improved property for real estate tax purposes. Surely, logic dictates that if this type of improvement would be considered a home for zoning reasons, and the very county in which it sits has assessed it as real estate for tax purposes, the property should be deemed realty. A Lancaster County, Pennsylvania Court used the Cla on standard to hold that a mobile home constituted real estate under Pennsylvania law when the wheels of the home had been removed, the home remained in place for seven years, water, sewer, electricity and telephone were connected, and the owners paid real estate taxes to Lancaster County. Fromm v. Frankhouser, 7Pa. D. & C. 3d 560, 566-567, 1977 WL 269 (Pa. Comm. PI) (1977). The same conclusion should be reached in Cumberland County in the instant case. B. Relief in Aid of Execution Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National RecovM Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendant. (See Exhibit "D"). Moreover, it is also clear that the mortgaged property at 607 Gutshall Road, Boiling Springs, PA 17007, is property of the Defendant and is subject to attachment and execution. Therefore, the creditor is entitled to invoke Rule 3118 for its motion to aid in the execution of the property and the court has jurisdiction over this matter. C. Plaintiff's Motion to Equitably Convert Should Be Granted Pursuant to Rule 126 In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), although the Commonwealth Court found the Common Pleas Court exceeded the scope of Rule 3118 by making a determination of which creditor had priority to the debtor's lottery winnings, the court nonetheless refused to remand the case for a separate hearing. Id. at 612. In so finding the court stated "it would be judicially inefficient to remand this matter to the trial court when all of the necessary parties were able to participate in the matter before the Court of Common Pleas. " Id. at 609. In support of its ruling, the Livingston court cited Pa. R.C.P. 126, which provides that civil procedure "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." Pa. R.C.P. 126. In the present case, the Defendant at all times was aware of all proceedings and was able to fully participate. However, the Defendant has not contested any of the proceedings. Requiring a separate action to quiet title would cause undue delay and additional cost to Plaintiff. D. Quiet Title and Foreclosure Claims May Be Joined Under Meara Even if the Motion to Equitably Convert to Real Property were deemed to be a quiet title action, such an action may be properly joined with a foreclosure action under Meara v. Hewitt, 455 PA 132 (1974). Under the Pennsylvania Rules of Civil Procedure, a plaintiff in an action of mortgage foreclosure may state in his or her complaint two or more grounds for foreclosure, but may not state more than one cause of action. Pa. R.C.P. 1146. Thus, an action in equity may be joined with an action to quiet title and an action of mortgage foreclosure, where all three actions turn on the same legal question of the validity of a mortgage. Goodrich Amram 2d § 1146:1. E. Declaratory Relief Pennsylvania Rule of Civil Procedure 1602 titled "Declaratory Judgment as Ancillary Relief' states that a party may include a prayer for declaratory relief in any action at law or in equity. Consistent with the law cited above, this rule permits Plaintiff's requested relief in a mortgage foreclosure action. The Declaratory Judgments Act states, "Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed...." 42 Pa. C.S.A. §7532. In the instant case, Plaintiff is seeking an order declaring the status of the house as realty. Section 7532 gives the Court the authority to make this declaration. The Pennsylvania Superior Court has held that the Declaratory Judgments Act is to be liberally construed. Doe v. Johns-Manville Corp., 471 A.2d 1252, 324 Pa. Super. 469 (Pa. Super. 1984). In addition, the Declaratory Judgments Act is intended to provide relief from uncertainty. Curtis v. Cleland, 552 A.2d 316, 122 Pa. Cmwlth. 328 (1988). Accordingly, Plaintiff submits that the Declaratory Judgments Act provides the Court with jurisdiction to declare Daniel L. Bubb's house as realty, to provide relief to the Plaintiff from the uncertainty associated with selling a mobile home or manufactured home to a third party. F. Equitable Principles Plaintiff is without an adequate remedy at law and will suffer irreparable harm unless the requested relief is granted. This Court has plenary power to administer equity according to well- settled principals of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer of the property at Sheriff's Sale will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. WHEREFORE, Plaintiff Citimortgage, Inc. respectfully requests that this Honorable Court enter an Order on this motion, that the property at 607 Gutshall Road, Boiling Springs, PA 17007 with a tax parcel I.D. number of 22-31-2173-023, be equitably converted to real estate by way of this motion, and not subject to separation from land. Date: 5 0 Respectfully submitted: PHELAN HALLI-yAN & SCHMIEG, LLP By: Michele M. Br ford, Esquire Attorney for Plaintiff EXHIBIT A WHEN RECORDED MAILO • T: A. Financial Services-Pittsburg riI.i)c 2831 Banksville Road ;,llt3 C0UNTY-PA Pittsburgh, PA 15216 Loan Number : 078769 '98 NOV 20 AM 1145 ISpaee Above 911is Line For Recording IAttaI MORTGAGE THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS MORTGAGE ("Security Instrument") is givin on November 17, 1998 The mortgagor is Daniel L. Bubb, A sngle man ("Borrower"). This Security Instrument is given to Mortgage Investors Corporation which is oreanized and existing tinder the laws of Ohio and whose address is 6090 Central Avenue, St. Petersburg, FL 33707 ("Lender"). Borrower owes Lender the principal sum of SEVENTY-TWO THOUSAND THREE HUNDRED FIFTY DOLLARS AND 00/100 Dollars (U.S. $ 72 , 350 - 00 ). This debt is evidenced by Borrower's note dated the same date as this Security i Instrument ("Note'), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on December 1, 2028 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) 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 Lender the following described property located in Cumberland SEE EXHIBIT A ATTACHED AND MADE A PART HEREOF. County, Pennsylvania: which has the address of 607 Gutshall Road Istrrell Pennsylvania 17007 ("Property Address"): lzip C''x1cl PENNSYLVANIA -- Single Family -- Uniform ]nstrumentl ITEM 2411kt (9511) (1't?gr. / t j6 papea'? , .Nastwn and 499 rACt 112? Boiling Springs 1C• ?I n• to N as ? m GFIFi ToOrdcrCa11: t-900-530-93930Fasi 61 Elm . IF . 0 • 1 ' , 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 properly. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as tile "Property." BORROWER COVENANTS (flat 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. 11'ayment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance, Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note. until the Now is paid in full, a sum ("Funds") for: (a) yearly taxes and assessmcnts which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rent., on the Properly, if any, (c) yearly hazard or property insurance premiums; and (d) yearly flood insurance premiums, if any. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a fedcrally related inortaage loan may require for Borrower's escrow aCCOUrrt under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time. 12 U.S.C. § 2601 e1 sett. ("RESPA" ). unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Iterns or otherwise in accordance with applicable law, The Funds shall be held in an institution whose deposits arc insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Under shall apply the Funds to pay tltu Escrow Items. Lender may 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 snake such a charge. However. Leader may require Burrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lendershall not he required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give. to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds arc pledged as additional security for all sums secured by this Security Instrument. If the Funds hold by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds heed by Lender at any time is not sufficient to pay the Escrow Item; When QUC, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. I1•, under paragraph 23, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at tine time of acquisition or sale us a credit against the sums secured by this Security irstrunicnt. 3. Application or Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due: fourth, to principal due; and last, to any late charges due under the Note. 4. Charges' Liens. Borrower shall pay all taxes, assessments, charges. fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly stn the person owed payinent. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If BorT0WCr makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. 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 ttte lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security tnstrument. If Lender deternnines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one nr more of the actions set forth aixrvc within 10 days of the giving of notice, 3. Hazard or Property Insurance. Borrower shall keep tine improvements now existing or hereafter erected on the Property insured against toss by lire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding. for which Lender requires insurance. This insurance shall be maintained in the amounts and PoK1499raa x128 GREATLAND ¦ ITEM 241012 (9511) (Page 2 vO pages) TofterCarl: 141W-530-9393E] fax 510-791-1131 for the periods that Lender requites. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not tw unreasonably withheld. If BOFTpWCr fails to maintain coverage described above, Lender may. at Lender's option. obtain coverage ut protect Lenders rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lcnder all receipts of paid premiums and renewal notices. ]n the event of loss. Bon-ower 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. insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. 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 any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim. then Lender may collect the insurance proceeds, Lender may use the proceeds to repair Dr restore the Property or to pay sums secured by this Security lnsttumcn?, whether or not then due. The 30-day period will begin when the notice is (riven. Unless Lender and Bon•owcr otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the clue date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 23 the Properly is acquired by Lender. 8e11TnwCT'% right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Iastrume.nl immediately prior to the acquisition. 6. OLeupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Properly as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property. allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal. is begun that in Lender's good faith judgment could result in forl'citure of the Property or otherwise nalcrially impair the lien created by this Security Instrument or lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 17, by causing the action or proceeding to he dismissed with a ruling that, in Lender's goad faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lion created by this Security instrument or Lender's security interest. Borrower shall also be in default if Bonower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed it) provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to ttte Property. tine leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection or Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy. probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and [sender's rights in the Properly. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7. Lender does not have to do so. Any amounts disbursed by Lendcr under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other tens of payment, these amounts shall bear intemst from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Inspection. Lender or its agent may stake reasonable entries upon and inspections of the Properly. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damage-s, direct or consequential, in connection with any condemnation or other taking of any part of the Property. or for conveyance in lieu of condemnation. are hereby assigned and shall be paid to Lender, in the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security instrument, whether or not then dec. with any excess paid to Borrower. In the event of a partial taking of the Propc4ly in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sutras secured by this Security Instrument shall he reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property imunediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair markel value of the Properly immediately before the taking is less than the amount of the suns secured immediately before the taking, unless Borrower and Leader otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the stnns stcurcd by this Security Instrument whether or not the sums are then due. 80ok 1499 PACE JMU GREATLAND 8 ITEM 24101.3 (9511) fArge3(f6paKes) ToOnlarCall: 1.000.530-9393C] Fax6t0.791.1131 0 If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lcnder is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instumenr, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Leader 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 any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend tittle 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver cif or preclude the. CxCTCise of any right or remedy. 11. Successors and Assigns Bound; joint and Several idability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security instrument only to mortgage. grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If (lie loan secured by this Security Instrument 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 )cyan 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 Burrower. 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 under the Note. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class retail unless applicable law requites use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender';: address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instutrtent shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by fWeral law and the law of the jurisdiction in which the Propeny is located. 11' the indebtedness secured hereby is 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 the parties hereto, and any provisions of this or other instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations are )tereby amended to conform thereto. 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. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Burrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Transfer of the Property. This loan may be declared immediately duo and payable upon transfer of the Properly sec:uTitsa 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 Codc. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 clays from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If 1301TOWU fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies penmitted by this Security Instrument without further notice or demand on Borrower. 17. Borrower's Right to Reinstate. If Borrower newels certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at arty time prior to the earlier of. (a) S days (or such other period as applicable law may specify for reinstatement) before sale of The Property pursuant to any power of sale contained in this Security Instrument; or tb) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: ta) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but nut limited to, reasonable anorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Properly and Borrower's obligation to pay the SUMS secured by this Security Instrument shall continue unehanged. Upon reinstatement by Borrower, this Security Instrument and the 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 paragraph 16. 18. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A We may recut in a change in the entity (known as the "Loan Servicer•") that collects monthly payments due under the Note and this Security Instrument. There also sool(1499 race 130 GREATIAND • aCM 2a10La (9511) (!'age -4 (J6 fags) Ta otftc UI' 1.800-530-9393?Fix 618-791.1131 • ! niay 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 in accordance with paragraph 13 above and applicable law, The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 19. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage. or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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, Borrower shall promptly give Lcnder written notice of 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. If Borrower learns. or is notified by any governmental or regulatory authority, that any removal or ether remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 19, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in this paragraph 19, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 20. Funding Fee. A fee equal to one-half of one percent of the balance of this loan as of the date of transfer of the Property shall he payable at the tune of transfer to the loan holder or its authorized agent, as trustee for the Department of Veteran,, Affairs. If the assumer faits 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 tltoreof, shall be immediately due and payable. This fee is automatically waived if the assurner is exempt under the provisions of 38 U.S.C. 3729(c). 21. 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 u•ansfcr 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. 22. Indemnity Liability. If this obligation is assumed, then the assurner 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. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 23. Acceleration; Remedies. Lender shall give notice to Burrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 16 unless applicable law provides otherNvise). Lender shall notify Horrower 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 sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure, if the default is not cured as specified, Leader at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 23, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 24. Release. Upon payment of all scuts secured by this Security instrument, this Security Instrument and the estate conveyed shall terminate and become void. Alier such occurrence, Lender shall discharge and satisfy this Security Instrument without charge, to Borrower. Borrower shall pay any recordation costs. 25. 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. 26. Reinstatement Period. Borrower's time to reinstate provided in paragraph 17 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 27. 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. 28. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of moneage foreclosure shall be the rate payable from time to time under the Note. GREATLAND • ITEM 2410LS (9511( (Pisa S u(6 pages) To order G0: 1.000.530.43930 Fu 016.791.1131 Nx1499rA'ct 41131 29. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a pan of this Security Instrument. [.Check applicable box(es)[ Adjustable Kate Rider ? OthciYs) [specifyI Graduated Paytncnl Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 6 of this Security Insttullumt. and in all rider(s) executed by Borrower and recorded with it. ' &-tb&"# (Seal) (Seal) Daniel 't. Bubb -BmTower -Borrower (Seal) (Seal) Bixrltiwrr -Elmowcr Witness: Witness.. COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the clay of /'* ???rT!(bcfore mc, ?WK K, ??'r??? the undersigned officer, personally appeared Daniel L. Bubb, A single man proven) to be the per-son whoa: name is that /? executed the same for the purpose herein con' IN WITNESS WHEREOF, I hereunto set my hand and offs My Commission expil . , Notarta) SeNOWY at Prrb%C j0hp ? W* , Cuml3erland Ca+" H MY commission Expires Merdr 13,1 r CERTIFICATE OF RESIDENCE I, " Jbttt" 3,,,,., -.( `.'l , do hereby certify that the con'ect address of the within named lender is 6090 Central Avenue, St. Petersburg, FL 33707 Witness my hand this / -914- day of ?I.?'V-e4t,4A, 111 S . A /1' Aeent of Lender eoox1499 rllmA'*3,C ORF.ATLAND ¦ ITEM 24101.6 (9511) (Page 6 of 6 pages) To Obar Calk 1-800.530.63990 Fu 616-761.1131 known to me (or satisfactorily subscrihed to the within instrument and acknowledged F BEGINNNG AT A POIN PUBLIC ROAD AT LINE OF LANDS FOqffiRLY A, PART OF THE SAME PREMISES AS THE 'T'RACT HEREIN CONVEYE , NOW OR FORMERLY OF ROGER E., DALLT. AND DARYL L. SCHAFFER: THENCE 140M SAID BEGR*1N0 POINT BY THE CENTER OF SAID ROAD AND LANDS NOW OR FORMERLY OF DAVID MYERS, NOVIt 32 DEGREES 47 MINUTES EAST 220,00 FEET TO A RAILROAD SPIKE IN THE CENTER OF SAID ROAD; THENCE BY LAND NOW OR FORMERLY OF ATLAS CEMENT COMPANY, SOUTH OS DEGREES 28 MINUTES EAST 411.00 FEITZ TO A RAILROAD RAIL; THENCE BY LANDS NOW OR FORMERLY OF CHAMBERLIN ESTATE, SOUTH 71 DEGREES 44 MINUTES WEST, 79A FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF ROGER D. SCHAFFER, ET AL, ABOVE MENTIONED, NORTH 11 DEGREES 23 MiNUTSS WEST, 262.4 FEET TO THE PLACE OF BEGINNING CONTAINING 0.92 ACRES, MORE OR LESS, AND BEING IMPROVED WITH A SMALL CABIN. SUBJECT HOWEVER TO SUCH RASEMEKS, RESTRICTIONS, AND CONDITIONS THAT MAY APPLY TO THE AFORP,DESCRMED TRACT OF LAND, RECORDED OR UNRECORDED. END OF REPORT ? . OPERATOR: LS 10!21193 ®12.33 PM Fcdrral Expires Me gar for reoordin3 to: THE SENTINEL AGENCY 2146 NORTH SECOND STREET FIAMSBURGJ'ENNSYLVANIA 17110.0000 ' . SMAU ENOUGR TO RYE YOU PERSONALLY... LURGBANOUGN ?ICI SERVE YOU PROFESSIONALLY... TfirANK YOU FOR USING TA. FIN,IIVCL4L SERVICES, 11VC.1 s; State of Pennsylvania i County of Cumberland) $? Recorded in t e office for the recording of Deeds ?'aYt ect. i nd f eriand County, In _ _ B0 (_ V Pag g ?? ? Aisne ;s ny hen I of offi .,\ Coylisle, PA th' day of?97T' S? twx 1499 Par EXHIBIT Al L. :1 Oi- DEEDS `98 DEC 2I PM 3 0.2 ' • It ywd ASSIGNMENT OF MORTGAGE / DEED OF TRUST / SECURITY DEED PREPARED BYIRETURN TO: MORTGAGE INVESTORS CORPORATION 60" CENTRAL AVENUE, ST PETERSBURG, FL 33787 FOR VALUE RECEIVED, Mortgage Investors Corporation, 6090 Central Avenue, St. Petersburg, FL 33707, hereby sells, assigns and transfers unto Sou= One MortgW Services Corpomdtion 27555 Farmington Rd., Farmington HMs, MI 48334 at certain secun ins rumen ate November 17, 1998 , execute by Daniel L. Bubb, A single man , which said security instrument is recorded in the office of the Recorder of Cumberland County, State of PA Said property being located at (Legal Description): SEE EXHIBIT A ATTACHED AND MADE A PART HEREOF. :drr? .rccor?: /r?aal9p? 199 , ?? t r?? IN WITNESS WHEREOF, Mortgage Investors Corpo has us this i trument t be executed by its duly authorized officer this November 19th, 1998 N SSED BY ort ge In es n3 Co o ' n nn Diglio op- 6. G sby, Asst. ce President Steven P.- icki STATE OF FLORIDA COUNTY OF PINELLA Before me, the undersigned, a Notary Public in and for County and State, this ember 9th, 1998 personally appeared the above subscribed, Assistant G. Goolsby to me, personally known to be the Vice President, and acknowledged the execution of the within foregoing Assignment of Mortgage/ Deed of Trust/ Security Deed on behalf of said Mortgage Investors Corporation as its said officer for the uses and purposes therein set forth, as th, were duly authorized to do. -? AWOUR 1TNESS MY hand nd Notarial Seal. 10 MY ' •.? IYIY COIdISS1011 / tx tr2D621 Jft Q, r?. f9tP1flE.4:Fitwuylt,'?001 a Am ler Notary-Public ESCROW: 218098 FILE/COMMITMENT #: 218098 LOAN * 078769 CLOSING AGENT: T. A. Financial Services-Pittsburg 2831 Banksville Road Pittsburgh, PA 15216 800X 598 PACE 331 0 BEGINNING AT A POINT INA PUBLIC ROAD AT LINE OF LANDS FORMERLY A PART OF THE SAME PREMISES AS THE TRACT HEREIN CONVEYED. NOW OR FORMERLY OF ROOM E, DALE L. AND DARYL L. SCHAWER; THENCE FROM SAID SZOMNINO POINT BY THE CENTER OF SAID ROAD AND LANDS NOW OR FORMERLY OF DAVID MYERS. NORTH 32 DEGREES 47 MINUTES LAST 220.00 FEET TO A RAILROAD 3PMZ IN THE CENTER OF SAID ROAD: THENCE BY LAND NOW OR FORMERLY OF ATLAS CEMENT COMPANY, SOUTH 03 DEGREES 28 MRWM BAST 411.00 FEET TO A RAILROAD RATE, THENCE BY LANDS NOW OR FORMERLY OF CHAMBERLIN ESTATE, SOUTH 71 DEGREES M MlDl TIES WEST. 79.4 FFST TO A POINT, THSNCB SY LAND NOW OR FORMERLY OF ROOER D. SCHAFFER. ET AL, ABOVE MENTIONED, NORTH I i DEGREES 2S MRXT5S WEST, 262.4 FEET TO THE PLACE OF BEGINNING. CONTARMO 0.92 ACRES, MORE OR LESS, AND BEING IMPROVED WTtli A SMALL CABIN. SUBJECT HORBVM TO SUCH BASEMEN'T'S, RESTRICTIONS. AND CONDITIONS THAT MAY APPLY TO THE AFOMDESCRMED TRACT OF LAND, RECORDED OIL UNRECORDED. END OF REPORT ?. OPMTOR LS I O?Iil9i ®12:51 PM Fed" Imm Maltese for mordit to: • THE SENTINEL AGENCY • 2146 NORTH SECOND STRUT HARRSBUACk FE NNSYLVANIA 17110-0000 SAMU ENOUGH TO SERVE YOU PERSONALLY.. LARGEMYOUGNTO SERYE YOUAROFMWOYALLY... 7-NARK YOU FOR EW0 T.A. FINANCUL SERVI= INC.1 State of Pennsylvania l 86...' ms County of Cumberland for the teeB? De Rec is n the offi erla90 County. p sct r f Vol. tpao Q? at of office ? witness my ham daV of Carlisle. PA this -oW-1 • ? • G BOOK 598 PACE 332 EXHIBIT A2 PENS L_VANIA I SpRG COUNTY-OF CUMBERLAND f a LOAN NO 1: 505260886: / LOAN NO T 1957037382 INVESTOR: tie- - POOL NO: X00495765 (/?I INVESTOR TYPE: QNMA_TWO Record and Return to: Emerald Mortgagee Assistance Co. 1099 18111 Street, Suite 1600 Dcttvcr, CO 80202 )< tzpo-fo0-05V 00/5 ?uMBERLAND COUNTY-Pty '00 JUN 5 RM 10 04 [Space Above This Lute For Recorder's Use] Assignment of Mortgage FOR VALUE RECEIVED, the undersigned as Beneficiary ("ASSIGNOR"), hereby grants, conveys, assigns and transfers to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. P.O. BOX 2026, FLINT, MI 18501.2026 ("Assignee") all beneficial interest under that certain mortgage dated 11117198 executed by DANIEL L. BUBB, A SINGLE MAN MORTGAGE INVESTORS CORP Mortgagor, to Mortgagee, and recorded as instrument number on 11120(98 in Book 1499 Page 127 of Official Records in the office of the County Recorder of CUMBERLAND County, Pennsylvania, as described in said mortgage. Together with the note or notes therein described or referred to, the money due and to become dux thereon with interest, and all rights accrued or to accrue under said mortgage. Dated: 114199 WHITE MOUNTAINS SERVICES CORPORATION, FKA SOURCE ONE MORTGAGE SERVICES CORPORATION, FKA FIREMANS FUND MORTGAGE CORPORATION, FKA MANUFACTURERS HANOVER MORTGAGE CORPORATION, FKA CITIZENS MORTGAGE CORPORATION 27555 FARMINGTON RD., FARMING N HI S, MI 48334 By / B. LADM SI I ASST. VIC ESIDENT STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) On 3123100 before me, V.WILLIAMS personally appeared B. LADZINSKI ASST. VICE PRESIDENT of WHITE MOUNTAINS SERVICES CORPORATION, FKA SOURCE ONE MORTGAGE SERVICES CORPORATION, FKA FIREMANS FUND MORTGAGE CORPORATION, FKA MANUFACTURERS HANOVER MORTGAGE CORPORATION, FKA CITIZENS MORTGAGE CORPORATION personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/ herltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea] -gip V. WILl1AFAS NOTARY PUBLIC V. WILLTAMS N comm. tM1178741 PUBUCZAUFORMA N Myconmiuionexpirea SfIGM2 RMEC0l?ttP1 Prc red B m. Expires MAP. 12, 2002 Px By: Production Group, BayView PS 3631 S. Harbor Blvd., Suite 200, Santa Ana, CA 92704 BOOK 645 fAcE 716 28 MMU 1011 Pho,rte 08869 MERS 590581v73? 9 ?{ ?IfI ??I1lIII ?IIII I1?I I IIfI? ?? nI? ?llll ?1'A ??II I? III VRU Plane k 1488-679-8377 ` I'^ N u I Assignment of Mortgage BETWEEN: WHITE MOUNTAINS SERVICES CORPORATION, FKA SOURCE ONE MORTGAGE SERVICES CORPORATION, FKA FIREMANS FUND MORTGAGE CORPORATION,FKA MANUFACTURERS HANOVER MORTGAGE CORPORATION, FKA CITIZENS MORTGAGE CORPORATION AND: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. WHEN RECORDED MAIL TO: I Bayview Portfolio Corporation, LLC 3631 S. Harbor Blvd, Suite 200 PO BOX 25079 Santa Ana, CA 92704 Prepared By Evelia Balm Certificate of Residence EVELIA BARBA do hereby certify that ASSIGNEE's precise residence is P.O. BOX 2026, FLINT, MI 48501-2026 , Witness my band this Monday, January 04, 1999 ASSIGNEE or Agent for ASSIGNEE State of Pennsylvania i County of Cumberlandl IZacorded is @111 ottice for fAe teomdr4 et Daft : e In and (er_r,.pmb!rlnnd Crnlntv., 11+?1J? .,rte. OD Record 28 MW 10001150505260MM HERS VRU Phone t 1-68&67M71 BOOR 645 PACE 707 99MIM739 ?I?nIIII11111IIUIin1111111111111111111 111 EXHIBIT A3 r s; ASSIGNMENT OF MORTGAGE KNOW ALL MEN BYJHESE PRESENTS that MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC, a Delaware corpuretion, hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in considtxadoni gfthe'stim of ONE DOLLAR (S 1.00) lawful money unto it inhandpaidby CitiMortgage Inc., "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 Daniel L Bubb to Mortgage Investors Corporation, bearing the date November 17,1998, in the amount of 572,350.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 1120/98 in the County of Cumberland, Commonwealth of Pennsylvania, in Book 1499 Pg. 127, CitiMortgage Inc. Being Known as Premises: 607 Gutsball Road, Boiling Springs, Pennsylvania 17007 Parcel No: 22-31- 7-173- 07.3 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 ofAttomey 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 imended;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 ofredemption ofsaid Mortgagor in the said Indenture of Mortgage named, and hWher/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 March 1, 2007. By: Sealed and Delivered aroMenne, Assistant Vice President in the presence of us; n L ^ S! Attest / 1 State of Missouri County of SL;LOUIS ss. On this March 1, 2007, before me, the subscriber, personally appeared Aaron Menne, who acknowledged him/herself to be the Assistant Vice President of Mortgage Electronic Registration Systems, Inc., a Delaware Corporation, and that he/she, as such Assistant Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official se ns.ny J.nson I \ y ; m c? 'Cq Stamp/Seal: Notery Pubic NotoySeel . a f .. . Not fic s , ' m ?+ ? ° .. s o KUWd Ba County of St Lab C.) c?. 1. ? Q A 'O 3 01 cp ° 'r ra The precise address of the After recording return to: ? within named Assignee is: PHELAN HALLINAN & SCHMIEG, L.L.P N K a C? 1000 Technology Drive, One Penn Center t S7 O' Fallon, MO 63368-2240 1617 J.F.K. Blvd., Ste-1400 3/1/07 Philadelphia, PA 19103-1814 505260886 U0 -35POG57 -9 W Sr BEGINNING AT A POINT IN A PUBLIC ROAD AT LINE OF LANDS FORMERLY A PART OF THE SAME PREMISES AS THE TRACT HEREIN CONVEYED, NOW OR FORMERLY OF ROGER E., DALE L. AND DARYL L. SCHAFFER; THENCE FROM SAID BEGINNING POINT BY THE CENTER OF SAID ROAD AND LANDS NOW OR FORMERLY OF DAVID MYERS, NORTH 32 DEGREES 47 MINUTES EAST 220.00 FEET TO A RAILROAD SPIKE IN THE CENTER OF SAID ROAD; THENCE BY LAND NOW OR FORMERLY OF ATLAS CEMENT COMPANY, SOUTH 05 DEGREES 28 MINUTES EAST 411.00 FEET TO A RAILROAD RAIL; THENCE BY LANDS NOW OR FORMERLY OF CHAMBERLIN ESTATE, SOUTH 71 DEGREES 44 MINUTES WEST, 79.4 FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF ROGER D. SCHAFFER, ET AL, ABOVE MENTIONED, NORTH 18 DEGREES 25 MINUTES WEST, 262.4 FEET TO THE PLACE OF BEGINNING. CONTAINING 0.92 ACRES, MORE OR LESS, AND BEING IMPROVED WITH A SMALL CABIN. SUBJECT HOWEVER TO SUCH EASEMENTS, RESTRICTIONS, AND CONDITIONS THAT MAY APPLY TO THE AFORE-DESCRIBED TRACT OF LAND, RECORDED OR UNRECORDED. =ify this to be recorded Cumberland County PA i Recorder of Deeds OK0735PG2579 EXHIBIT B PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 f215) 563-7000 150621 CITIMORTGAGE INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 V. Plaintiff DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 Defendant o CID ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6 to L CUMBERLAND COUNTY ATTORNEY FILE Copy PLEASE RETURN CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 1Ne be au ?a coPY ®$; 00'6 ? .'4S R E File #: 150621 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 #: 150621 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 Fite #: 150621 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. Filc #: 150621 1. Plaintiff is CITIMORTGAGE INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: DANIEL L. BUBB 607 GUTSHALL ROAD - BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and/or real owner(s) of the, property hereinafter described. 3. On 11/17/1998 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1499, Page: 127. By Assignment of Mortgage recorded 06/05/2000 the mortgage was Assigned To MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which Assignment is recorded in Assignment Of Mortgage Book No. 645, Page 706. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accbrdance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 150621 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 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. The following amounts are due on the mortgage: Principal Balance $62,416.44 Interest $1,812.56 10/01/2006 through 03/12/2007 (Per Diem $11.12) Attorney's Fees $11250.00 Cumulative Late Charges $73.16 11/17/1998 to 03/12/2007 Cost of Suit and Title Search 550.00 Subtotal $66,102.16 Escrow Credit $0.00 Deficit $316.71 Subtotal 31 .71 TOTAL $66,418.87 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File 4: 150621 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. 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. File #: 150621 10. 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 $66,418.87, together with interest from 03/12/2007 at the rate of $11.12 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SC G, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 150621 LEGAL DESCRIPTION BEGINNING AT A POINT IN A PUBLIC ROAD AT LINE OF LANDS FORMERLY ,A PART OF THE SAME PREMISES AS THE TRACT HEREIN CONVEYED, NOW OR FORMERLY OF ROGER E., DALE L. AND DARYL L. SCHAFFER; THENCE FROM SAID BEGINNING POINT BY THE CENTER OF SAID ROAD AND LANDS NOW OR FORMERLY OF DAVID MYERS, NORTH 32 DEGREES 47 MINUTES EAST 220.00 FEET TO A RAILROAD SPIKE IN THE CENTER OF SAID ROAD; THENCE BY LAND NOW OR FORMERLY OF ATLAS CEMENT COMPANY, SOUTH 05 DEGREES 28 MINUTES EAST 411.00 FEET TO A RAILROAD RAIL; THENCE BY LANDS NOW OR FORMERLY OF CHAMBERLIN ESTATE, SOUTH 71 DEGREES 44 MINUTES WEST, 79.4 FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF ROGER D. SCHAFFER, ET AL, ABOVE MENTIONED, NORTH 18 DEGREES 25 MINUTES WEST, 262.4 FEET TO THE PLACE OF BEGINNING. CONTAINING 0.92 ACRES, MORE OR LESS, AND BEING IMPROVED WITH A SMALL CABIN. SUBJECT HOWEVER TO SUCH EASEMENTS, RESTRICTIONS, AND CONDITIONS THAT MAY APPLY TO THE AFORE-DESCRIBED TRACT OF LAND, RECORDED OR UNRECORDED. PROPERTY BEING: 607 GUTSHALL ROAD File k: 150621 FRANCIS S. HAT "LINAN, 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: -? J 1 Y EXHIBIT C SHERIFF'S RETURN - REGULAR CASE NO: 2007-01426 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BUBB DANIEL L SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon BUBB DANIEL L the DEFENDANT , at 2001:00 HOURS, on the 15th day of March , 2007 at 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 DANIEL BUBB by handing to a true and attested copy of NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.76 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 33.76 03/16/2007 PHELAN HALLIN CHMI G c Sworn and Subscibed to By: before me this day puty Sheriff of A.D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE CUMBERLAND COUNTY MS1011 COURT OF COMMON PLEAS FREDERICK, MD 21703 CIVIL DIVISION Plaintiff, v. NO. 07-1426 CIVIL TERM DANIEL L. BUBB 607GUTSHALLROAD''a:` BOILING' SPRINGS, PA 17007 ` ^Ylz c? Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T4 ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: a ;r.. w w Kindly enter an in rem judgment in favor of the Plaintiff and against DANIEL L. BUBB, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/13/07 to 4/17/07 TOTAL $66,418.87 $400.32 $66,819.19 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. A T G RYFILE `"'OPT DANIEL G. SCHMIEG, ESQU ?`?' Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 150621 -?I?gIT E ?? Page 1 of 1 'Detailed Results for Parcel 22-31-2173-023. in the 2004 Tax Assessment Database DistrictNo 22 Parcel ID 22-31-2173-023. MapSuffix HouseNo 607 Direction Street GUTSHALL ROAD Ownerl BUBB, DANIEL L C/O PropType RT PropDesc LivArea 924 CurLandVal 50000 CurImpVal 22370 CurTotVal 72370 CurPrefVal Acreage .94 C1GrnStat TaxEx 1 SaleAmt 65000 SaleMo 08 SaleDa 29 SaleCe 19 SaleYr 96 DeedBkPage 00145-00186 YearBlt 1984 HF File Date 10/21/2004 HF_Approval_Status A http://taxdb.ccpa.net/details.asp?id=22-31-2173-023.&dbselect=l 3/20/2007 EXHIBIT F "'""...? j pt, {?? . ? .???? ??. EXHIBIT G COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 4/23/07 FULL SPECTRUM LEGAL SERVICES 400 FELLOWSHIP RD STE220 MT LAUREL NJ 08054-9956 Dear Customer: 071130733000298 001 The Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. NAME : BUBB,DANIEL L If you have any questions concerning this information, please contact Vehicle Record Services at the address or telephone number listed below. Sincerely, Customer Service Team Bureau of Motor Vehicles ADDRESS CORRESPONDENCE T0: Department of Transportation Vehicle Record Services PO Box 68691 Harrisburg, PA 17106-8691 INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 www.dot.state.pa.us EXHIBIT H 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 August 15, 2007 Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 RE: Citimortgage, Inc. vs. Daniel L. Bubb Cumberland County CCP, No. 07-1426 Civil Term Dear Mr. Bubb, Representing Lenders in Pennsylvania and New Jersey Enclosed please find a true and correct copy of my proposed Motion for Equitable Conversion and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief, that is, a court order declaring the dwelling to be realty. Please respond to me within one week, by May 11, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 11 7 e trul yo Michele . Bra f Crrdd,,EEsquire For Phelan Halli Schmieg, LLP Enclosure a' a i 4rD c?a: y :.Z Vj b 3 , Xk AX a z cr c a' Q? H A az a ? 0 ?ry O ?g ^ W = no^?i5 fns 'O O E O D O N "+ o n p ?OpU pQ? $M C:^ Q L ^ 3 n S' . o. o ^ ?m 12 ,? go 8 ?N?o V b o O d D A Q ,'?7 rs G. ?' p cr A o c Y o- Z V ? A h7 m 5 ? ? • GL a o why. O C O A t9 y ? ®?' PITNEY ROYVES ? d 02 1M 01•? N 0004218010 AUG17 2007 MAILED FROM ZIP CODE 1810 3 i a !1 VERIFICATION Michele M. Bradford, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Plaintiffs Motion for Equitable Conversion to Real Property, and Brief in support thereof are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. PHEL AN & SCHMIEG, LLP DATE: 15b BY: Michel M. B d, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Citimortgage, Inc. ; 5280 Corporate Drive, MS 1011 Frederick, MD 21703 Plaintiff VS. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant Court of Common Pleas Civil Division : Cumberland County : No. 07-1426 Civil Term CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct copies of the foregoing Motion for Equitable Conversion to Real Property and Brief in support thereof, were served by regular mail on Defendant on the date listed below. Daniel L. Bubb 607 Gutshall Road l Boiling Springs, PA 17007 IEG, LLP PHEL VE DATE: By; Mic le M. Bradf Attorney for Plain k.a - -s1 --f s < ?; ,.<? - ?1.; e .? ?? ?-G CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-1426 CIVIL DANIEL L. BUBB, Defendant IN RE: PLAINTIFF'S MOTION FOR EQUITABLE CONVERSION RULE TO SHOW CAUSE AND NOW, this 31 " day of August, 2007, upon consideration of the foregoing . petition, it is hereby ordered and decreed as follows: I . A rule is issued upon the Daniel L. Bubb to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; and 4. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, Kevin . Hess, J. a r 4 "L O 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 Citimortgage, Inc. Court of Common Pleas 5280 Corporate Drive, MS1011 Frederick, MD 21703 Civil Division Plaintiff VS. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant : Cumberland County : No. 07-1426 Civil Term CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that a true and correct copy of the Rule to Show Cause dated August 31, 2007 was served by regular mail on Defendant on the date listed below. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 DATE: 01 110 10-7 PHEL SCHMEG, LLP BY: +MMiele squireAttorney for Plaintiff ':?'' '? ? -,o ?? -? 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 Citimortgage, Inc. 5280 Corporate Drive, MS 1011 Frederick, MD 21703 Plaintiff VS. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 07-1426 Civil Term MOTION TO MAKE RULE ABSOLUTE Citimortgage, Inc. 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. August 27, 2007, Plaintiff filed a Motion for Equitable Conversion. 2. On August 31, 2007, the Court entered an Order directing the Defendant to respond to the Motion within twenty days of service. A true and correct copy of the Order is attached hereto, made part hereof and marked as Exhibit "A". 3. Plaintiff served a copy of the Order on Defendant on August 10, 2007. A true and correct copy of the Certification of Service is attached hereto, made part hereof and marked as Exhibit "B". 4. Defendant failed to respond or otherwise plead to the Order dated August 31, 2007. WHEREFORE, Plaintiff prays that this Honorable Court make the Rule to Show Cause Absolute and grant Plaintiff's Motion for Equitable Conversion. Date: 1012,10-7 P 1) , SCHMIEGI LLP i h e M. Bra ord, Esquire Attorney for Plaintiff EXHIBIT A CITIMORTGAGE, INC., Plaintiff vs. DANIEL L. BUBB, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1426 CIVIL IN RE: PLAINTIFF'S MOTION FOR EQUITABLE CONVERSION RULE TO SHOW CAUSE AND NOW, this 3/ " day of August, 2007, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the Daniel L. Bubb to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; and 4. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, Kevin . Hess, J. E Y FROM .RAM TYwrsof, i here uab set aw h the of saki Cou at Carl*' P& Pr4then? 'y EXHIBIT B rv p S ..{ PHELAN HALLINAN & SCHMIEG, LLP Cn by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849?pY One Penn Center, Suite 1400 ,?,{ DoI Fr 1617 John F. Kennedy Boulevard N Philadelphia, PA 19103-1814 F (215) 563-7000 Citimortgage, Inc. Court of Common Pleas 5280 Corporate Drive, MS 1011 Frederick, MD 21703 Plaintiff VS. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant : Civil Division : Cumberland County : No. 07-1426 Civil Term CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that a true and correct copy of the Rule to Show Cause dated August 31, 2007 was served by regular mail on Defendant on the date listed below. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 PHEiie L SCHMIEG, LLP DATE: ((? BY: le sre Attorney for Plaintiff A-qp?tN E ?0 VERIFICATION Michele M. Bradford, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Plaintiffs 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 penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. DATE: (cal Z 101 PHEL N & SCHMIEG, LLP BY: c ele M. Br , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Citimortgage, Inc. 5280 Corporate Drive, MS1011 Frederick, MD 21703 Plaintiff vs. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant Court of Common Pleas Civil Division Cumberland County No. 07-1426 Civil Term CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on all interested parties on the date listed below: Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 AN & SCHMIEG, LLP Date: /d /0-7 P1192 i e M. ord, Esquire Attorney for Plaintiff i.. j ?.a.1 - OCT 0 420014r1/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Citimortgage, Inc. Court of Common Pleas 5280 Corporate Drive, MS1011 Frederick, MD 21703 Civil Division Plaintiff VS. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant ORDER No. 07-1426 Civil Term AND NOW, this /0- day of aJ-v h-er , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the dwelling at 607 Gutshall Road, Boiling Springs, PA 17007, Monroe Township with a tax parcel I.D. number of 22-31-2173-023, is equitably converted to real estate by way of this motion, and not subject to separation from land, and it is ORDERED and DECREED that the Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this order for recording. BY THE COURT: j - u C; ? + -.01 WV 01 100 Lool MVIONOMCM 341 ?O 30WO-c IJ 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 Vererans Affairs Sectrtarv is the grantee the same having been sold to said grantee on the 3rd day of Oct A.D., 2007, under and by virtue of a writ Execution issued on the 27th day of SUril, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 1426, at the suit of Citimortgage Inc against Daniel L Bubb is duly recorded as Instrument Number 200739579. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this l to day of 3 LX- , A.D. C Recorder of Deeds Aa WW of DN(K unibwWW County. Ca", PA fly Capri Wm E the FW Monday of Jan. 2010 Citimortgage, Inc. VS Daniel L. Bubb In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-1426 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on May 23, 2007 at 1812 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Daniel L. Bubb, by making known unto Daniel L. Bubb personally, at 607 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1325 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 Daniel L. Bubb located at 607 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Daniel L. Bubb, by regular mail to his last known address of 607 Gutshall Road, Boiling Springs, PA 17007. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 3, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Secretary of Veterans Affairs, an Officer of The United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, an Officer of The United States of America, of 1000 Liberty Avenue, Pittsburgh, PA 15222, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $987.37. Sheriffs Costs: Docketing $30.00 Poundage 19.36 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 11.52 Levy 15.00 Surcharge Post Pone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed So Answers: 20.00 20.00 355.00 345.80 15.69 25.00 39.50 $ 987.37 ,/ R. Thomas Klin ,Sheriff BY C, Real Es to Sergeant ( c ?z (? o )Y CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS DANIEL L. BUBB CIVIL DIVISION Defendant(s). NO. 07-1426 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CITIMORTGAGE, INC., 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, 607 GUTSHALL ROAD, BOILING SPRINGS, D A 1 07nn' 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) US BANK NATIONAL ASSOCIATION ND 4325 17TH AVENUE SW FARGO, ND 58103 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 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. April 17, 2007 -Limi JR, A' DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff -A CITIMORTGAGE, INC. Plaintiff, V. DANIEL L. BUBB Defendant(s). CUMBERLAND COUNTY No. 07-1426 CIVIL TERM April 17, 2007 TO: DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORM4TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTR UED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 607 GUTSHALL ROAD, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $66,819.19 obtained by CITIMORTGAGE, INC. (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. -AV 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 r ? LEGAL DESCRIPTION ALL that certain lot or tract of land with the improvements thereon erected situate in Monroe Township, Cumberland County, Pennsylvania, and described according to survey made by Rupert G. Perkins, R.P.E., as follows: BEGINNING at a point in a public road at line of lands formerly a part of the same premises as the tract herein conveyed, now or formerly of Roger E., Dale L., and Daryl L. Schaffer; thence from said beginning point by the center of said road and lands now or formerly of David Myers, North 32 degrees 47 minutes East 220.00 feet to a railroad spike in the center of said road; thence by land now or formerly of Atlas Cement Company, South 05 degrees 28 minutes East 411.00 feet to a railroad rail; thence by lands now or formerly of Chamberlin Estate, South 71 degrees 44?minutes West, 79.4 feet to a point; thence by land now or formerly of Roger D. Schaffer, et al, above mentioned, North 18 degrees 25 minutes West, 262.4 feet to the place BEGINNING. CONTAINING 0.92 Acres, more or less, and being improved with a small cabin. SUBJECT however, to such easements, restrictions, and conditions that may apply to the afore-described tract of land, recorded or unrecorded. TITLE TO SAID PREMISES IS VESTED IN Daniel L. Bubb, single man, by Deed from John R. Bubb, Jr. and Christine B. Bubb, husband and wife, dated 08/29/1996, recorded 08/29/1996, in Deed Book 145, page 186. PREMISES BEING: 607 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 PARCEL #22-31-2173-023 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1426 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From DANIEL L. BUBB (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 $66,819.19 L.L. $.50 Interest FROM 4/17/07 TO 9/5/07 (PER DIEM - $10.98) - $1,548.18 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $129.76 Other Costs ADD'L COST - $2,612.50 Plaintiff Paid Date: APRIL 27, 2007 Curtig R. Long, P onjgary (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 Q0 s Real Estate Sale # 19 On May 2, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 607 Gutshall Road, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 2, 2007 By: 4 0-C VVUL 61 Real Estates Sergeant L 0,7Z -W 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 July and the 1st day(s) of August 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 #19 Sworn to and subscribed 4tr??1S 20th day of August 2007 A.D. Terry L RLisS _ { u?.ii% e t?itYCfurr;;? rc?;?..Na;ir+ YG m 'ssionExpir6;; NOT Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 i ,?. I E: .. 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: July 20, July 27, and August 3, 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. k- t?4- Lis arie Coyne, itor SWORN TO AND SUBSCRIBED before me this 3 day of August, 2007 . Notary NOTARIAL SEAL DEBORM A COLLM Not" Pubbe CARLISLE BO O. UMBERL*M COUNry My Commlvgon Expkp Apr 28, 2010 XNAL 29TA S GALN NO. 19 Writ No. 2007-1426 Civil Citimortgage, Inc. VS. Daniel L. Bubb Atty.: Daniel Schmieg DESCRIPTION ALL that certain lot or tract of land with the improvements thereon erected situate in Monroe Township, Cumberland County, Pennsylvania, and described according to survey made by Rupert G. Perkins, R.P.E., as follows: BEGINNING at a point in a public road at line of lands formerly a part of the same premises as the tract herein conveyed, now or formerly of Roger E., Dale L., and Daryl L. Schaffer; thence from said begin- ning point by the center of said road and lands now or formerly of David Myers, North 32 degrees 47 minutes East 220.00 feet to a railroad spike in the center of said road; thence by land now or formerly of Atlas Ce- ment Company, South 05 degrees 28 minutes East 411.00 feet to a railroad rail; thence by lands now or formerly of Chamberlin Estate, South 71 degrees 44 minutes West, 79.4 feet to a point; thence by land now or formerly of Roger D. Schaffer, et al, above mentioned, North 18 degrees 25 minutes West, 262.4 feet to the place BEGINNING. CONTAINING 0.92 Acres, more or less, and being improved with a small cabin. SUBJECT however, to such ease- ments, restrictions, and conditions that may apply to the afore-described tract of land, recorded or unre- corded. TITLE TO SAID PREMISES IS VESTED IN Daniel L. Bubb, single man, by Deed from John R. Bubb, Jr. and Christine B. Bubb, husband and wife, dated 08/29/1996, re- corded 08/29/1996, in Deed Book 145, page 186. PREMISES BEING: 607 GUTS- HALL ROAD, BOILING SPRINGS, PA 17007. PARCEL #22-31-2173-023. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Citimortgage, Inc. Court of Common Pleas 5280 Corporate Drive, MS 1011 Frederick, MD 21703 Civil Division Plaintiff No. 07-1426 Civil Term VS. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant ORDER AND NOW, this day of , 2007, upon consideration of Plaintiff's Motion for Transfer of Title, and after reasonable notice and opportunity for hearing provided to all interested parties it is hereby: ORDERED and DECREED that ownership of the 1984 Hampshire Mobile Home bearing vehicle identification number 22110953T is awarded to Secretary of Veteran Affairs and the right, title and interest of any other person to said vehicle is hereby extinguished; and The Commonwealth of Pennsylvania, Department of Transportation may accept this order as evidence of ownership in lieu of a Certificate of Title. The Petitioner shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Commonwealth of Pennsylvania, Department of Transportation in order to receive the Certificate of Title for said vehicle. BY THE COURT: J. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Citimortgage, Inc. 5280 Corporate Drive, MS 1011 Frederick, MD 21703 Plaintiff VS. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant Court of Common Pleas Civil Division Cumberland County No. 07-1426 Civil Term MOTION FOR TRANSFER OF TITLE AND NOW, COMES PLAINTIFF, Citimortgage, Inc., by its attorneys, Phelan Hallinan & Schmieg, LLP, and presents this Motion for Transfer of Title, and in support thereof, avers the following: 1. Citimortgage, Inc. (hereinafter "Plaintiff") is a corporation with its principal place of business at 5280 Corporate Drive, MS1011, Frederick, MD 21703. 2. On or about November 17, 1998, Defendant Daniel L. Bubb made, executed and delivered a mortgage to Mortgage Investors Corporation in the principal sum of $72,350.00 for the property at 607 Gutshall Road, Boiling Springs, PA 17007, which mortgage was recorded on November 20, 1998 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1499, Page 127. A true and correct copy of the mortgage is attached hereto, made part hereof, and marked as Exhibit "A". 3. Mortgage Investors Corporation delivered an Assignment of the Mortgage to Source One Mortgage Services Corporation, which assignment was recorded on December 21, 1998 in the Office of the Recorder of Deeds of Cumberland County in Book 598, Page 331. A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "A I". 4. Source One Mortgage Services Corporation delivered an Assignment of Mortgage to Mortgage Electronic Registration Systems, Inc., which assignment was recorded on June 5, 2000 in the Office of the Recorder of Deeds of Cumberland County in Book 645, Page 706. A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "A2". 5. Mortgage Electronic Registration Systems, Inc. delivered an Assignment of Mortgage to Plaintiff, which assignment was recorded on March 30, 2007 in the Office of the Recorder of Deeds of Cumberland County in Book 735, Page 2578. A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "A3". 6. John R. Bubb, Jr. and Christine B. Bubb are adult individuals and former owners of the 1984 Hampshire Mobile Home bearing vehicle identification number 22110953T. 7. Defendant defaulted on the mortgage payments, and remains due and owing to Plaintiff for the November 1, 2006 payment and each payment thereafter. 8. On or about March 14, 2007, Plaintiff filed a complaint in mortgage foreclosure. A true and correct copy of the complaint is attached hereto, made part hereof, and marked as Exhibit "B". 9. Notice of intent to enter default judgment was sent on April 5, 2007, and judgment against Defendant was subsequently entered on April 19, 2007. True and correct copies of the notice and judgment are attached hereto, made part hereof, and marked as Exhibits "C" and "D", respectively. 10. Pursuant to said judgment and a valid writ of execution, Plaintiff listed the property for Sheriff's sale. 11. On October 3, 2007, the property was sold to the attorney on the writ. 12. The Sheriff's Deed to Secretary of Veteran Affairs was recorded October 16, 2007 as instrument number 200739579. A true and correct copy of the Sheriff's Deed is attached hereto made part hereof and marked as Exhibit "E." 13. Plaintiff filed a Motion for Equitable Conversion of the mobile home to realty. A true and correct copy of the Motion for Equitable Conversion is attached hereto, made part hereof and marked as Exhibit "F" 14. Because the property is clearly attached via foundation to the land, it was clearly the intent of the parties that this home be made permanent at its site and that the mortgage cover such home as security interest for the loan. 15. By court order dated October 10, 2007, the dwelling at 607 Gutshall Road, Boiling Springs, PA 17007 with a tax parcel I.D. number of 22-31-2173-023, was decreed permanently affixed to the land and the property was equitably converted to real estate. The Order of Court was recorded as instrument number 200742738. A true and correct copy of the order is attached hereto, made part hereof and marked as Exhibit "G." 16. Since the home has been equitably converted to real property pursuant to Court Order and Secretary of Veteran Affairs is the owner of the real property by Sheriff's Deed, Secretary of Veteran Affairs is in fact the owner of the mobile home and is entitled to title of the home. 17. Plaintiff requests a court order to transfer title as it is impossible to transfer ownership of the vehicle by use of the Certificate of Title or Vehicle Manufacturers Certificate of Origin. 18. It is Secretary of Veteran Affairs's intention to then cancel the vehicle title, pursuant to the procedures of the Commonwealth of Pennsylvania, Department of Transportation (hereinafter "Penndot") since the home is no longer a vehicle. 19. Plaintiff has followed the instructions of Penndot with respect to this motion. A true and correct copy of Penndot's instruction sheet is attached hereto, made part hereof and marked as Exhibit "H". 20. A true and correct copy of the Penndot abstract of title is attached hereto, made part hereof and marked as Exhibit "I". 21. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Transfer of Title and Order to the Defendant and interested parties on November 26, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "J". 22. The Honorable Kevin A. Hess previously ruled in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order on this motion, awarding ownership of the 1984 Hampshire Mobile Home bearing vehicle identification number 22110953T to Secretary of Veteran Affairs, and extinguishing the right, title and ownership of any person to said vehicle and directing the Commonwealth of Pennsylvania, Department of Transportation to accept this order as evidence of ownership in lieu of a Certificate of Title. Date: 11 iIt Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: M hele M. Br df E uire Attorney for P aint f 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 Citimortgage, Inc. Court of Common Pleas 5280 Corporate Drive, MS 1011 Frederick, MD 21703 Civil Division Plaintiff Cumberland County vs. : No. 07-1426 Civil Term Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR TRANSFER OF TITLE 1. FACTUAL BACKGROUND On November 17, 1998, Daniel L. Bubb made, executed and delivered a mortgage on the Property to Plaintiff in the principal amount of $72,350.00. Defendant defaulted on payments on the mortgage, and remains due and owing to Plaintiff for the November 1, 2006 payment and each payment thereafter. On or about March 14, 2007, Plaintiff filed a complaint in mortgage foreclosure, and Daniel L. Bubb was served with the complaint on March 15, 2007. Notice of intent to enter default judgment was sent on April 5, 2007, and judgment against Defendant was subsequently entered on April 19, 2007. Pursuant to said judgment and a valid writ of execution, Plaintiff listed the property for Sheriff's sale. On October 3, 2007, the property was sold to the attorney on the writ. The Sheriff's Deed to Secretary of Veteran Affairs was recorded October 16, 2007 as instrument number 200739579. Plaintiff filed a Motion for Equitable Conversion of the mobile home to realty. Because the property is clearly attached via foundation to the land, it was clearly the intent of the parties that this home be made permanent at its site and that the mortgage cover such home as security interest for the loan. By court order dated October 10, 2007, the dwelling at 607 Gutshall Road, Boiling Springs, PA 17007 with a tax parcel I.D. number of 22-31-2173-023, was decreed permanently affixed to the land and the property was equitably converted to real estate. The Order of Court was recorded as instrument number 200742738. Since the home has been equitably converted to real property pursuant to Court Order and Secretary of Veteran Affairs is the owner of the real property by Sheriff's Deed, Secretary of Veteran Affairs is in fact the owner of the mobile home and is entitled to title of the home. Plaintiff requests a court order to transfer title as it is impossible to transfer ownership of the vehicle by use of the Certificate of Title or Vehicle Manufacturers Certificate of Origin. It is Secretary of Veteran Affairs's intention to then cancel the vehicle title, pursuant to the procedures of the Commonwealth of Pennsylvania, Department of Transportation (hereinafter "Penndot") since the home is no longer a vehicle. Plaintiff has followed the instructions of Penndot with respect to this motion. II. LEGAL ARGUMENT Clearly it was the intent of the mortgagor that the home be used as security for the loan made by Mortgage Investors Corporation and not raw land alone. It was certainly Mortgage Investors Corporation's intent that the mortgage cover the dwelling. By Court Order, the home has been equitably converted to real property and is no longer subject to separation from land. Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person (1) enjoining the negotiation, transfer, assignment or other disposition of any security, document of title, pawn ticket, instrument, mortgage, or document representing any property interest of the defendant subject to execution; ... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendant. (See Exhibit D). Moreover, it is also clear that the mortgaged property at 607 Gutshall Road, Boiling Springs, PA 17007, was the property of the Defendant and subject to attachment and execution. Therefore, the creditor is entitled to invoke Rule 3118 to aid in the execution of the property and the court has jurisdiction over this matter. In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), although the Commonwealth Court found the Common Pleas Court exceeded scope of Rule 3118 by making a determination of which creditor had priority to the debtor's lottery winnings, the court nonetheless refused to remand the case for a separate hearing. Id. at 612. In so finding the court stated "it would be judicially inefficient to remand this matter to the trial court when all of the necessary parties were able to participate in the matter before the Court of Common Pleas. " Id. at 609. In support of its ruling, the Livingston court cited Pa. R.C.P. 126, which provides that civil procedure "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." Pa. R.C.P. 126. In the present case, the Defendant at all times was aware of all proceedings and was able to fully participate. However, the Defendant has not contested any of the proceedings. Summary proceedings are appropriate where, as here, there are no issues of fact to be resolved. In Gulf Mortgage. and Realty Investments v. Alten, 422 A.2d 1090 Pa.Super. (1980). Plaintiff will suffer irreparable harm unless the requested relief is granted. This Court has plenary power to administer equity according to well-settled principals of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphi , 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Since the home has been converted to real property pursuant to Court Order and Secretary of Veteran Affairs is the owner of the real property by Sheriff's Deed, Secretary of Veteran Affairs is in fact the owner of the home and entitled to title to the home. Plaintiff requires a Court Order to transfer title as it is impossible to transfer ownership of the vehicle by use of Certificate of Title or Manufacturers Certificate of Origin. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order on this motion, awarding ownership of the 1984 Hampshire Mobile Home bearing vehicle identification number 22110953T to Secretary of Veteran Affairs, and extinguishing the right, title and ownership of any person to said vehicle and directing the Commonwealth of Pennsylvania, Department of Transportation to accept this order as evidence of ownership in lieu of a Certificate of Title. Respectfully submitted, PHELAN HALL;NAN & SCHMIEG, LLP Date: 1 `t ? By: Mic ele ad V r sq 're Attorney for Plaintif EX$"IT A` aav?, WHEN RECORDED MAIAO T. A. Financial Services-Pittsburg 2831 Banksville Road Pittsburgh, PA 15226 Loan Number : 078769 31 _- t; ' .tL"E ii :.IID COUNTY - 1:14 '06NOV20 AM 1145 (Space Above II& Line For Recording DataI MORTGAGE THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS MORTGAGE ("Security Instrument") is givcn on November 17, 1998 . Themortgaeoris Daniel L. Bubb, A single man Mortgage Investors Corporation which is organized and existing tinder the laws of Ohio 6090 Central Avenue, St. Petersburg, FL 33707 ("Borrower'). This Security Instrument is given to and whose address is ("Lender"). Borrower owes Lender the principal sum of SEVENTY-TWO THOUSAND THREE HUNDRED FIFTY DOLLARS AND 00/100 Dollars (U.S. $ 72, 350 . 00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note''), which provides for monthly payments. with the full debt, if ntx paid earlier, due and payable on December 1, 2028 This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sutras, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreernenm under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the followina described property located in Cumberland SEE EXHIBIT A ATTACHED AND MADE A PART HEREOF. which has the address of 607 Gutshall Road (Stmtl Pennsylvania 17007 ("Property Address"): (Gip coctct PENNSYLVANIA -- Single Family -- Uniform Instrument ITEM241OLl (9511) tI'llge/ fb pager) . e*1499 ma A27 County. Pennsylvania: Boiling Springs fc•tvl p1 Maw e GnEr To ord er tak: 1400-SW03030 Fa E1 TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions, shrill also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." 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 nun-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 and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest On the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to ap lic:able law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds') for: (a) yearly taxes and assessmcnts which may attain priority over this Security Instrument as a lieq on the Property; (b) yearly leasehold payments or ground rents on the Property, if any. (c) yearly haiard or property insurance premiums; and (d) yearly flood tnsvrance premiums, if any. These items are called "Escrow Items." Lender tray, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow accuuat under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time. 12 U.S.C. § 2601 e1 seq. ("RESPA"). unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due oil the basis of current data and reasonable estitnates 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 Ls such an institution) or in any Federal Home Loan Bank. Lander shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow items, untem Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicablc law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not he required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree: in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without chafes,, an annual accounting of the Funds. showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the execs, Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time, is not sufficient to pay the Escrow Items when due, Lender may so notify Burrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments. at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds field by Lender. If, under paragraph 23. Lender shall acquire or sell the Property, Leader, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the tune of acquisition or sate as u credit against the sutras secured by this Security instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges duc under the Note; second, to amounts payable under paragraph 2-, third, to interest duc: fourth, to principal. due; and last, to any late changes due under the Note. 4. Charges; Liens. Borrower shall pay all taxes. assessments, charges. fines and impositions attributable to (1te Propcny which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. 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 ScLured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (e) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lander determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 day% of tl1D giving of notice. S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loess by fire, hazards included within the term "extended coverage' and any other hazards, including llcxxls or flooding. for which Lender requires insuranec. This insurance shall be maintained in the amounts and PoK1499rlicf A28 GREATLAND ¦ rrEM2trno12 (9511) (11crRr 2 4!66 pages) TooNerGR 1.699430-939317Nc616-791-1131 i for the periods that Lender requires. ne insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may. at Lender's option. obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Leader. Lcndcr may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sum. secured by this Security instrument, whether or not then duc, with any excess paid to Borrower. If Borrower abandons the Property; or does not answer within 30 days a notice from Lender that the insurance carer has offered io settle a claim. theft Lender may collect the insurance proceed.. Lender may use the procceds to repair or restore the Property or to Tray scans secured by this Security Instrunrcrrt, whether or not then due. Tbc 30-clay period will begin when the notice is given. Unless Lender and Borrower otherwise agree in vvrhing, any application of proceeds to principal strait not extend or postpone the due date of the monthly payments referred to in paragraphs i and 2 or change the amount of the payments. If under paragraph 23 the Properly is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. b. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's ioan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property. allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any rorfcitu-e action or proceeding, whether civil or criminal. is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 17, by causing the action or proceeding to be dismissed with a ruling that, in Larder's goad faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's sa urity interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. 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 Leader agrees to the merger in writing. 7. Protection or Leader's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in thi. Security instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy. probate, for condemnation or forfeiture or to enforce laws or regulations). then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any suns secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7. Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other ternts of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting paytncnt. S. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Properly. Lender shall give Borrower notice at the tittle of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property. or for conveyance in lieu of condemnation, arc hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security instrument. whether or not then due. with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property ininiWiately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking. unless Borrower and Lender otherwise agree in writing, the sutras secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately befotle the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the suns scLurcd immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security instrument whether or not the sums arc then dote. aoo*1499PAa .Z9 GREATLANn 6 ITEM 24 101-3 (9511) (Page 3 ?Fb pukes) To Order Cap: 1-000-S30-97930 ru 616.791.1131 0 • . If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or 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 proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs i and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of arnortiiation of the runs secured by this Security instrument grunted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence pro cccdings against any successor in interest or refuse to extend tithe for payment or othosrwise modify amortization of the sums scoured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not he a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security ir»orunterrt only to mortgage, grant and convey that Borrower'% interest in the Property under the tenns of thi-. Security Instrument; (b) is not personally obligated to pay the scums secured by this Security Instrument; and tc) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the tetnus of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument 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 under the Note. 13. Notices. Any notice to Burrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be dim ted to the Property Address or any other address Burrower designates by notice: to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. If the indebtedness secured hereby is guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall gavcrn the rights, duties and liabilities of the parties hereto, and any provisions of this or other instruments executed in connection with said indebtedness which arc inconsistent with said Title or Regulations arc hereby amended to conform thereto. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, wch conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflictive provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Ilorrower's Copy. Burrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Transfer of the Property. This loan may be declared immediately due and payable upon transfer of the Property securing such loan to any transferee, unk ss the acceptability of the assumption of the loan is established pursuant to Section 3714 of Chapter 37, Title 38, United States Ccxle. 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 delivered or mailed 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 rernedics permitted by this Security Instrument without further notice or demand on Borrower. 17. Borrower's Right to Reimstate. If Borrower rricets certain conditions, Borrower shall have the right to have criforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) S days (or such other period as applicable law may specify for reinstatement) bcforc sale of the Property pursuant to any power of sale contained in this Security Instrument or tb) entry of a judgment enforcing this Security Instrument. Those conditions arc that Borrower. (a) pays Leader all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred fit enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Seutrity Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the 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 paragraph 16. 18. Sale of Note; Change of Loan Servicer. The Nate or a partial interest in the Note (together with this Security instrunnent) may be sold one or morn times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Services') that collects monthly payments due under the Note and this Security Instrument. There also a80K U99 rxe 130 GREATLA1D. REM20OL4 05111 (11uge-1(? Optges) ToororGlc i-MO.530-9393OFarM-791-1131 may be one or more changes of the Loan Sawicer 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 in accordance with paragraph 13 above and applicable law, The notice will state the name and address of the new Loon Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 19. Hazardous Substances. Borrower shalt not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private puny involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, if Borrower learns. or is notified by any governmental or regulatory authority, 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. As used in this paragraph 19, "Hazardous Substances" arc those substances defined as toxic or hazardous substances 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. As used in this paragraph 19, "Environmental Law" means federal laws and laws of the jurisdiction where the Properly is located that relate to health, safety or environmental protection. 20. Funding Fee. A fee equal to one-half of one percent of the balance of this loan as of the date of transfer of the Property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the assumer fails to pay this (cc at the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rote 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 tinder the provisions of 38 U.S.C. 3729(c). 21. Pr"-ssiitg Charge. Upon application for approval to allow assumption of this loan, a processing fec inay be charged by the lean holder or its authorizcot 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 maxinnun established by the Department of Veterans Affairs for a loan to which See ion 3714 of Chapter 37, 't'itle 38, United States Code applies. 22. Indemnity Liability. If this obligation is assumed, then the assumer hereby agrees to assume all of this obligations of the veteran under the terns of the instruments creating and securing the loan. The assutner 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. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 23. 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 paragraph 16 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 sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the defauk 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 pursu'tttg the remedies provided in this paragraph 23, including, but not limited to, attorneys' fees and costs of We evidence to the extent permitted by applicable law-. 24. Release. Upon payment of all sums secured by this Security instrument. this Security Instrument and the estate conveyed shall terminate and become void. Afer such occurrence, Lender shall discharge and satisfy this Security Instrument without chaggo to Borrower. Borrower shall pay any recordation costs. 25. 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 ftnum laws providing for stay of execution, extension of time. exemption from attachment, levy and sale. and homestead exemption. 26. Reinstatement Period. Borrower's time to reinstate provided in paragraph 17 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 27. Purchase Money Mortgage. If any of the debt secural by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument stall be a purchase tnancy mortgage. 18. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is enteral on the Nate or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. GREATLAND ¦ ITEM 2a 1OLS 195111 (Pine S of 6 pages) To qWr Cab: 1-600.530-93930 Fa 616-" 1.1131 goac149gn X131 29. Riders to this Security IFLArunwnt. If one or more riders arc executed by Borrower and recorded together with this Security Instrument. the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. lCheck applicable box(es)) Adjustable Rate Ridcr F]Other(,) IspceifyI ? Graduated Payment Rider BY SIGNING BELOW. Borrower accepts and agrees u, the terms and covenants contained in page--; 1 through 6 of this Security Instrument and in an rider(s) executed by Borrower and recorded with it. na'th Daniel 't. Bubb -tio(rn„vcr -BtxrVwer -(Seal) (Seal) -Nwnwler -90MOwCr Witness: Witness: COMMONWEALTH OF PENNSYLVANIA, 1' $6.01?flU County ss: On this, the f l day of b6vt 'r 6're trbefore me, K,13&"=4, the undersigned officer, personally appeared Daniel L. Bubb, A single man proven) to be the person whose name is that L /? executed the same for the purpose herein con IN WITNESS WHEREOF. I hereunto set my hand and offs My Commission expire 1 mm ?? ' CERTIFICATE OF RESIDENCE 1, do hereby certify that the correct address of the within named lender is Petersburg, FL 33707 6090 Central Avenue, St;UV Witness city hand this day of ,,p4tAA,, / °!9 $ A A. Agent of Lender BOOK1499 ntmA32 GAFATLAND ¦ iTEM24101.6 (9511) (Page 6oj6pages) ToOnOerGt 1-00.530-03930Fu616?It•1131 known to me (or satisfactorily subscribed to the within instrument and acknowledged = BEGWNM AT A=* PUBLIC:ROAD AT LINE OF LANDS FO Y A PART OF THE SAME PREMISES AS THE TRACT HERMN OW OR FORMERLY OF ROGER E., DALOW AND DARYL L. SCHAFFER: TF>E1VC9 f•`IIOM SAID U[it *WG POINT BY THE CENTER OF SAM ROAD AND LANDS NOW OR FORMERLY OF DAVID MYERS. NOkT1t 32 DEGREES 47 MDWM EAST 220.00 FEET TO A RAILROAD SPIKE IN THE CENTER OF SAID ROAD; TumCB BY LAND NOW OR FORMERLY OF ATLAS CBM M COMPANY. SOUTH OS DEGREES 29 MINUTES BAST 411.00 FEET TO A RAILROAD RAIL. THENCE BY LANDS NOW OR FORMERLY OF CHAMBERLIN ESTATE, SOUTH 71 DEGREES M MINUTES j WEST, 79A FEET TO A POIM; THENCE BY LAND NOW OR FORMERLY OF ROGER D. SCHAFFER, ET AL. ABOVE MENTIONED, NORTH It DEGASES 25 MRAMEsS WEST. 262.4 FEET TO THE PLACE OF BE01"ING CONTAWING 0.92 ACRES, MORE OR LESS, AND BEINO 04PROVBD W?TTH A SMALL CASiN. SUBJECT AOWEVEiiR, TO SUCH EASMAEN'IS, RESTRICTIONS, AND CONDITIONS THAT MAY APPLY TO TEM AFORE•DESCRMED TRACT OF LAND, RECORDED OR UNRECORDED. i END OF REPORT OPERATOR: LS i 1022M ®12311 PM -7? Foderel Exp w Mattgar for recording to.. THE SQL AGENCY 2146 NORTH SECOND STREET I' lARRISBURG.PERMYLVANIA 17110.0000 ; . 'y SMA1,L FWoUGH 71) SERVE YOU PERSONALLY... LARGFi 11'wobw rU SERVE YOU PROFESSIONALLY... THANK YOU FOR USNG T.A. FINANCUL SER r=% INC.! ti e 4. - State of Pennsylvania ) 86 County of Cumberlandl Recorded i t e office for the recording of Deeds ect. i nd f viand County, in V fJ Pag vriirt ;s ny ha ! of atfi (?' Co.lisle, PA th F day of l a-C7 Poo* 1499rxt .?X?gIT Al 111? J?J5 ?l?lav4 Of a'EDs v 1.4 ? IR1-ANO COUNT`'-F- ' 98 DEC 21 PPI 3 02 • `1 ywd ASSIGNMENT OF MORTGAGE / DEED OF TRUST / SECURITY DEED PREPARED BYIRETURN TO: MORTGAGE INVESTORS CORPOIGITION 60" CENTRAL AVENUE, sT PETERsBURG, i L 33707 FOR VALUE RECEIVED, Mortgage Investors Corporation, 6090 Central Avenue, St. Petersburg, FL 33707, hereby sells, assigns and transfers unto 8mm One Mortgpgc Services Corpareeon 27555 Farmington Rd., Farmington Hills, h9 48334 that certain security instrument dated November 17, 1998 , executed by Daniel L Bubb, A single man , which said security instrument is recorded in the office of the Recorder of Cumberland County, State of PA Said property being located at (Legal Description): SEE EXHIBIT A ATTACHED AND MADE A PART HEREOF. Assistant G. Goolsby to me, personally known to be the Vice President, and acknowledged the execution of the within foregoing Assignment of Mortgage/ Deed of Trust( Security Deed on behalf of said Mortgage Investors Corporation as its said officer for the uses and purposes therein set forth, as the were duly authorized to do. AMYMME ITNESS MY ha 7d Notarial Seal. f?1'C01/I?EIOIIa E7PllES: Am ler Notary ublic ESCROW#. 218098 FILE/COMMITMENT #: 218098 LOAN #: 078769 CLOSING AGENT: T. A. Financial Services-Pittsburg 2831 Banksville Road Pittsburgh, PA 15216 #f 37 trurneni t be executed by its duly IN WITNESS WHEREOF, Mortgage Investors Corpn-D authorized officer this November 19th, 1998 N SSED BY: n n Diglio SS- President Leven P: renicki STATE OF FLORIDA COUNTY OF PINELLA Before me, ft undersigned, a Notary Public in and for County and State, this ember 9th, 1998 personally appeared the above subscribed. BOOK 598 PACE 331 0 BRO244M AT A POINT IN A PUBLICROAD AT LINE OF LANDS FORbIERLY A PART OF THE SAME PREMISES AS THE TRACT HEREIN CONVEYER NOW OR FORIV1tLY OF ROM F.. DALE L. AND DARYL L. SCHAPPEI<THENCE FROM SAID U4RQaNO POINT BY THE CENLEA OF SAID ROAD AND LANDS NOW OR FORMERLY OF DAVID MYERS. NORTH 72 Dsfz= 47mIIN1 m BAST220.00 mrTO A RAII.ROAD wm iKTHE CP.NIBR O! LAID ROADtT=m BY LAND NOW O R FORMULY OF ATLAS CEMENT COMPANY. SOUTH OS MGRBES 2S M1N UttS BAST 411A0 MTTO A RAILROAD RAM 6 THOM BY LATIDSNOW Olt FORMMY OF CHAMBERLIN ESTATK SOUTH 71 DF.ORELS 44 MINUTES WEST. 7f.4 FEET TO A POWP.7Hwa Lr BY LAND NOW OR PORA MY OF Room D. SCHAMIt. ET AL, ABOVE IRMIONER NORTH li DBOXRES 25 MINUTES WEST. 262.E PEST TO THE PLACE OF BEORDOW . COWALNING 092 ACRES, MORB OR LESS, AND BEINO WPROVED WITH A SMALL CANK SUWWTHowovM To SUCIi lASLi1v mm. Runcnon AND CoNDT oms THAT MAY APPLY TO TH8 AFOAUMS? TRACT OF LAND. RECORDED OR UNRECORDED. IsND Of REPORT .?. OPERATOR: LS r lOUItl96 ®Ir3t PM Pedenl Zia/?we Mertpp fa teooNioE fe: .• . THESEN T141LAOENCY • 2W NORTH SSOOWD STRUT NARMSBUPA PENNMVANIA 171104000 M"Ul ENOUGH 71DSERVEYOUPER OMUr» LARGE ENOUGH TO SERVE Y0UPR0FMV0NA1Lr.. TIbINK YOUFOR UIYINO T.A. FUNANCrAL SE1tW= /NCI State of Penrisywania l 86: Cwi. nty of CumberlandfIX ihb g alDe .. n the offi tuo County. / reap hand apd of oH? it mY 19L- witness dy . Carlisle. A trA BOOK 598 PACE 332 EXHIBIT A2 iqlo PENN LVANIA 'SopG © ' . COUNTY-3F CUMBERLAND r i LOAN NO I: -505260886::1 LOAN NO 2: 1957037382 ;UtiBERLA;dJ COUNTY-PA INVESTOR- :f Otie- ds/pmx '00 JUN 5 HM 10 0`I POOL NO: X00495765 INVESTORTYPE: GNIMA_TWO Rccwd and Return to: Frrterald Mortgagee Assistance Co. (Space Above This tine For Recorders Use] 1099 18111 Street, Suite 1600 ----- Dcuver. CO 10202 k%zr-ofao-o5y-Oo/5 Assignment of Mortgage FOR VALUE RECEIVED, the undersigned as Beneficiary ('ASSIGNOR'), hereby grants, conveys, assigns and transfers to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. P.O. BOX 2026, FLINT, MI 16501-2025 ("Assignee') all beneficial interest under that certain mortgage dated 11117196 executed by DANIEL L SUBS, A SINGLE MAN Mortgagor, to MORTGAGE INVESTORS CORP Mortgagee, and recorded as instrument number on 11/20198 in Book 1499 , Page 127 of Official Records in the office of the County Recorder of CUMBERLANI) County, Pennsylvania, as described in said moFtpge_ Together with the note or notes therein described or referred to, the money due and to become due thereon with interest, and all rights accrued or to accrue under said mortgage. Dated: 114199 WHITE MOUNTAINS SERVICES CORPORATION, FKA SOURCE ONE MORTGAGE SERVICES CORPORATION, FKA RREMANS FUND MORTGAGE CORPORATION. FKA MANUFACTURERS HANOVER MORTGAGE CORPORATION, FKA CITIZENS MORTGAGE CORPORATION 27555 FARMINGTON RD., FARMING ON HAS, MI aM4 By B. LADZI SI ASST. VIC ESIDENT STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) On 323100 , before me, V. WILLIAMS personally appeared B. LADZINSKI ASST. VICE PRESIDENT of WHITE MOUNTAINS SERVICES CORPORATION, FKA SOURCE ONE MORTGAGE SERVICES CORPORATION, FICA FIREMANS FUND MORTGAGE CORPORATION. FKA MANUFACTURERS HANOVER MORTGAGE CORPORATION, WA CITIZENS MORTGAGE CORPORATION personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the witbin instrument and acknowledged to me that he/shehhey cxocuted the same in his/herAheir authorized capacity(ies), and that by his/ her/their signatur (s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official wal -7. LUAUS NOTARY PUBLIC V. WILLYAW My canminion a*m 91HA7 Prepared By: Production Group, BayView PS 3631 S. Harbor Blvd., Suitc 200, Santa Ana, CA 92704 COMM. 01170741 NOTARY PBXtALIF04A t1RANfiE CO" tAr CUM. Erpirs WK t1l.1007 BOOK- 645 tAu 706 28 MMr10005260EA69 990501QVtT\9 W???II ?'IIaI? ? M1?1??' I,tl:asvrlUPno Phoner:tassrsstn u Iaa Assignmcnt of Mortgage BETWEEN: WHITE MOUNTAINS SERVICES CORPORATION, FKA SOURCE ONE MORTGAGE SERVICES CORPORATION, FXA FIRENUM FUND MORTGAGE CORPORATION, WA MANUFACTURERS HANOVER MORTGAGE CORPORATION, FKA CIT®tS MORTGAGE CORPORATION AND: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. WHEN RECORDED MAIL TO: Bayview Portfolio Corporation, LLC 3631 S. Harbor Blvd, Suite 200 PO BOX 25079 Santa Ana. CA 92704 hep.md By Evetia Buha Certificate of Residence 1, EVELIA BARBA , do hereby certify that ASSIGNEES precise residence is P.O. BOX 2026, FLINT, MI 48501-2026 , Witness my hand this Monday, January 04, 1999 ASSIGNEE or Agent for ASSIGNEE State of Pennsylvania ii County of CumbarlandJ Recordedin dw oftioa for the vemd1tq d Death w ep fj to and [b ,?mb!AenA Crnnrhr., A' Recorder 28 MINT MM11505 M 99058103139 MM VRU Raw Y: 140847m77 .-ji" aox 645 PACE 707 EXHIBIT A3 r: ASSIGNMENT OF MORTGAGE KNOW AIL I?2I IiY;TDDBSE PRFSOM that MORTGAGE ELECTRONIC REGISTRATION SYSfEFLS, INC., a Iletanare eorporidsm, haeiualler "Assignor" the holder of the Mortgage here nallar mentioned, fix and m .mWpioftefilesrmofONEDOUAR($1.00)1awfolmaaeymroitmbmdpodbyabl%rtgageloc.,"Ankgn " at the time ofexec+rtios hereof: sell, assign, transfer and get over 11010 the said Assignee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, its successors and assigns ALL THAT CERTAIN Indermne of Mortgage given and executed by Daniel I. Hebb to Mortgage Investors Corporation, hewing the data November 17,1998. in the amount ofS72,350.80, together with theNowandmdebtedmstherein mentioned said Mortgagebemgmcardedon 11120M in the County of Camberland, Commonwealth of Pemsylvania, in Hook 1499 Pg. 127, CitiMatgage Inc. Being Known as promises: 607 Gatsball Rood, Boiling Springs, Pennsylvania 17007 Parcel No: 22-31- Zl73- 023 Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, principal and lataat, due and to grow due thereon, with the Warrant ofAaaneyto die said Obligatimannexed. Togetherwith all Rights, Remedies and mcidents thaamoo bekaging. 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 he editsmmts and premises hereby granted and assigned, or mentioned and intended to to be, with the appurtenances u ato Assignee, its successors and aaigm, to and for its only proper me,baneftandbehoofforeve subject,nevertheless, to theequityofredemptionofsaidMortgagor in the said Indenture of Mortgage named, and hmiw tAaw heirs and assigns &=m. IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be herein affixed and thee presents to be duly executed by its proper officers this March 1, 2007. BY., Sealed and Delivered Maene?, Assistant Vice President in the presence of m; Attest S 71 V 1 A On 1 State of Missouri County of ST outs . as On this March 1, 2007, before me, the subscnba, personally appeared Aaron Mane, who aclmowledgad him/herself to be the Assistant Vice President of Mortgage Electronic Registration Systems, Inc., a Delaware Corporation, and that he/she. as such Assistant Vice President, being authorized to do so, executed the foregoing instrument far the purposes therein contained. my band and officials `' IN WITNESS WHEREOF, I hereunto set } 3 D n TWod aa«;,? ? a sae Stamp/Seal: NdryPunk narysar. Not tic ?D ?:? Casey of at Laing C3. 7 - MD R'W6- The precise address of the within named Assignee is: 1000 Technology Drive, O'Fallon, 140 63168-2160 ,\5 After recording return to, PHEL AN HALLWAN & SCHMIEG, LLP One Penn Center 1617 J.F.K. Blvd., Ste.1400 Philadelphia, PA 19103-1814 IK8735PG2578 O ? t+ -A 6i R7 3/1/07 - ZQ ST BEGINNING AT A POINT IN A PUBLIC ROAD AT LINE OF LANDS FORMERLY A PART OF THE SAME PREMISES AS THE TRACT HEREIN CONVEYED, NOW OR FORMERLY OF ROGER E., DALE L. AND DARYL L. SCHAFFER; THENCE FROM SAID BEGINNING POINT BY THE CENTER OF SAID ROAD AND LANDS NOW OR FORMERLY OF DAVID MYERS, NORTH 32 DEGREES 47 MINUTES EAST 220.00 FEET TO A RAILROAD SPIKE IN THE CENTER OF SAID ROAD; THh"NCE BY LAND NOW OR FORMERLY OF ATLAS CEMENT COMPANY, SOUTH 05 DEGREES 28 MINUTES EAST 411.00 FEET TO A RAILROAD RAIL; THENCE BY LANDS NOW OR FORMERLY OF CHAMBERLIN ESTATE, SOUTH 71 DEGREES 44 MINUTES WEST, 79.4 FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF ROGER D. SCHAFFER, ET AL, ABOVE MENTIONED, NORTH 18 DEGREES 25 MINUTES WEST, 262.4 FEET TO THE PLACE OF BEGINNING. CONTAINING 0.92 ACRES, MORE OR LESS, AND BEING IMPROVED WITH A SMALL CABIN. SUBJECT HOWEVER TO SUCH EASEMENTS, RESTRICTIONS, AND CONDITIONS THAT MAY APPLY TO THE AFORE-DESCRIBED TRACT OF LAND, RECORDED OR UNRECORDED. ii iy this to be recorded ?;unlberland County PA Recorder of Deeds 4.735PG.2579 EXHIBIT B PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUM 14M PHILADELPHIA, PA 19103 L215) 563-7000 M21 CITIMORTGAGE INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 V. Plaintiff DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 Defendant ? o c z {7 r C'. rc O W ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D?' -!yam (21 u L? 1.. CUMBERLAND COUNTY AT T'ORW FILE Copy PLEASE RETURN CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE car" ar?d t ?? ..Copy o#;kofo ;FT(A=VY R. -L COPY Md. PLEASE REru#p), ?, Filch: 150621 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 #: I-NMI 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 THI (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 Filc S: 150621 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 #: 15%21 1. Plaintiff is CTTIMORTGAGE INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2: The name(s) and last known address(es) of the Defendant(s) are: DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 who istare the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/17/1998 mortgagor(s) made; executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1499, Page: 127. By Assignment of Mortgage recorded 06/05/2000 the mortgage was Assigned To MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which Assignment is recorded in Assignment Of Mortgage Book No. 645, Page 706. PLAIN OF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with. P' R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File M: 150621 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 and each mouth 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. The following amounts are due on the mortgage: Principal Balance $62,416.44 Interest $1,812.56 10/01/2006 through 03/12/2007 (Per Diem $11.12) Attorney's Fees $12250.00 Cumulative Late Charges $73.16 11/17/1998 to 03/12/2007 Cost of Suit and Title Search 550.00 Subtotal $66,102.16 Escrow Credit $0.00 Deficit $316.71 Subtotal 316.71 TOTAL $66,418.87 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File 4: 150621 8. Plaintiff is not seeking a judgment "of personal liability (or an in pgrsonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. 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. Fae #: 15MI 10. 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 $66,418.87, together with interest from 03/12/2007 at. the rate of $11.12 per diem- to the date of Judgment, and other costs and charges collectible under the mortgage -and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & S G, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File Q: 15MI LEGAL DESCRIPTION BEGINNING AT A POINT IN A PUBLIC ROAD AT LINE OF LANDS FORMERLY A PART OF THE SAME PREMISES AS THE TRACT HEREIN CONVEYED, NOW OR FORMERLY OF ROGER E., DALE L. AND DARYL L. SCHAFFER; THENCE FROM SAID BEGINNING POINT BY THE CENTER OF SAID ROAD AND LANDS NOW OR FORMERLY OF DAVID MYERS, NORTH 32 DEGREES 47 MINUTES EAST 220.00 FEET TO A RAILROAD SPIKE IN THE CENTER OF SAID ROAD; THENCE BY LAND NOW OR FORMERLY OF ATLAS CEMENT COMPANY, SOUTH 05 DEGREES 28 MINUTES EAST 411.00 FEET TO A RAILROAD RAIL; THENCE BY LANDS NOW OR FORMERLY OF CHAMBERLIN ESTATE, SOUTH 71 DEGREES 44 MINUTES WEST, 79.4 FEET TO A POINT, THENCE BY LAND NOW OR FORMERLY OF ROGER D. SCHAFFER, ET AL, ABOVE MENTIONED, NORTH 18 DEGREES 25 MINUTES WEST, 262.4 FEET TO THE PLACE OF BEGINNING. CONTAINING 0.92 ACRES, MORE OR LESS, AND BEING IMPROVED WITH A SMALL CABIN. SUBJECT HOWEVER TO SUCH EASEMENTS, RESTRICTIONS, AND CONDITIONS THAT MAY APPLY TO THE AFORE-DESCRIBED TRACT OF LAND, RECORDED OR UNRECORDED. PROPERTY BEING: 607 GUTSHALL ROAD File N: 150621 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for . PLAIN" I FF in this mater, 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. 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. FRANCLS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: t EHMIT C PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE INC. Plaintiff Vs. DANIEL L. BUBB Defendants TO: DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 DATE OF NOTICE: APRIL. 4, 2007 COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY NO. 07-1426 FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE CUMBERLAND COUNTY MS1011 COURT OF COMMON PLEAS FREDERICK, MD 21703 CIVIL DIVISION Plaintiff, V. NO. 07-1426 CIVIL TERM DANIEL L. BUBB 607 GUTSHALL-ROAD BOILING- SPRINGS, PA 17007 /3r-`x Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T4 ANSWER AND ASSESSMENT OF DAMAGES z TO THE PROTHONOTARY: 4 0 w -o a w w w Kindly enter an in rem judgment in favor of the Plaintiff and against DANIEL L. BUBB. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs- damages as follows: As set forth in Complaint $66,418.87 Interest from 3/13107 to 4/17/07 $400.32 TOTAL $66,819.19 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. FILE COPY DANIELauj d' L G. SCHMIEG, ESQ ???ET?FZN Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 150621 EXHIBIT E f ?;q5-7 q e, Tax Parcel No. 22-31-2173-023 Know all Men by these Presents That I, R. Thomas Kline, Sheriff, of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to Secretary of Veteran Affairs, an Officer of The United States of America. Real Estate Sale No. 19 Writ No. 2007-1426 Civil Term Citimortgage, Inc. VS Daniel L. Bubb Atty. Daniel Schmieg DESCRIPTION ALL that certain lot or tract of land with the improvements thereon erected situate in Monroe Township, Cumberland County, Pennsylvania, and described according to survey made by Rupert G. Perkins, R.P.E., as follows: BEGINNING at a point in a public road at line of lands formerly a part of the same premises as the tract herein conveyed, now or formerly of Roger E., Dale L., and Daryl L. Schaffer; thence from said beginning point by the center of said road and lands now or formerly of David Myers, North 32 degrees 47 minutes East 220.00 feet to a railroad spike in the center of said road; thence by land now or formerly of Atlas Cement Company, South 05 degrees 28 minutes East 411.00 feet to a railroad rail; thence by lands now or formerly of Chamberlin Estate, South 71 degrees 44 minutes West, 79.4 feet to a point; thence by land now or formerly of Roger D. Schaffer, et al, above mentioned, North 18 degrees 25 minutes West, 262.4 feet to the place BEGINNING. CONTAINING 0.92 Acres, more or less, and being improved with a small cabin. SUBJECT however, to such easements, restrictions, and conditions that may apply to the afore-described tract of land, recorded or unrecorded. TITLE TO SAID PREMISES IS VESTED IN Daniel L. Bubb, single man, by Deed from John R. Bubb, Jr. and Christine B. Bubb, husband and wife, dated 08/29/1996, recorded 08/29/1996, in Deed Book 145, page 186. PREMISES BEING: 607 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 PARCEL #22-31-2173-023 The same having been sold by me to the said grantee on the 3rd day of October Anno Domini Two Thousand and Seven-(2007) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 27th day of April Anno Domini 2007 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Seven (2047) Number 1426 at the suit of Citimortgage, Inc against Daniel L. Bubb. In Witness Wereof, I have hereunto affixed my signature this 16th day of October Anno Domini Two Thousand and Seven (2007) Commonwealth of Pennsylvania, ss. County of Cumberland Thomas Kline, eriff Before the undersigned, Reniee Simpson, Deputy of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 16t1 lay ofOctober Anno Domini Two Thousand and Seven (2007) .. <?t A A) d' Pr thonotary- Deputy I hereby certify that the residence And Post Office address of the Within Grantee is 1000 Liberty Avenue Pittsburgh, PA 15222 CAW Solicitor ' r ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200739579 Recorded On 10/16/2007 At 8:57:30 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 6758 User ED - AF * Grantor - BUBB, DANIEL L * Grantee - VETERANS AFFAIRS SEC * Customer - CUMERLAND CO SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $39.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF D * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. GIVIIIIIIIIIIII EXHIBIT F 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 Citimortgage, Inc. 5280 Corporate Drive, MS 1011 Frederick, MD 21703 Plaintiff VS. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 07-1426 Civil Term MOTION FOR EQUITABLE CONVERSION TO REAL PROPERTY AND NOW, COMES PLAINTIFF, Citimortgage, Inc., by its attorneys, Phelan Hallinan & Schmieg, LLP, and presents this Motion for Equitable Conversion to Real Property, and in support thereof, avers the following: 1. On or about November 17, 1998, Defendant Daniel L. Bubb made, executed and delivered a mortgage to Mortgage Investors Corporation in the principal sum of $72,350.00 for the property at 607 Gutshall Road, Boiling Springs, PA 17007, which mortgage was recorded on November 20, 1998 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1499, Page 127. A true and correct copy of the mortgage is attached hereto, made part hereof, and marked as Exhibit "A". 2 Mortgage Investors Corporation delivered an Assignment of the Mortgage to Source One Mortgage Services Corporation, which assignment was recorded on December 21, 1998 in the Office of the Recorder of Deeds of Cumberland County in Book 598, Page 331. A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "A I". 3 Source One Mortgage Services Corporation delivered an Assignment of Mortgage to Mortgage Electronic Registration Systems, Inc., which assignment was recorded on June 5, 2000 in the Office of the Recorder of Deeds of Cumberland County in Book 645, Page 706. A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "A2". 4 Mortgage Electronic Registration Systems, Inc. delivered an Assignment of Mortgage to Plaintiff, which assignment was recorded on March 30, 2007 in the Office of the Recorder of Deeds of Cumberland County in Book 735, Page 2578. A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "A3". 5. Defendant defaulted on the mortgage payments, and remains due and owing to Plaintiff for the November 1, 2006 payment and each payment thereafter. 6. On or about March 14, 2007, Plaintiff filed a complaint in mortgage foreclosure. A true and correct copy of the complaint is attached hereto, made part hereof, and marked as Exhibit "B". 7. Defendant Daniel L. Bubb was served with the complaint on March 15, 2007. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof, and marked as Exhibit "C". 8. Plaintiff filed a default judgment against Defendant on April 19, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "D". 9. The property had been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 22-31-2173-023. Based on the Cumberland County assessment ratio of 1. 14, the fair market value of the property is $82,501.80. A true and correct copy of the tax assessment record is attached hereto, made part hereof, and marked as Exhibit "E" 10. It was clearly the intention of the parties that the $72,350.00 loan be secured by a mortgage on both the land and the house. 11. Plaintiff obtained photographs of the house which reflect a porch, awning, and permanent utility hookups which show the home's permanent affixation to the land. Attached hereto, made part hereof, and marked as Exhibit "F" are true and correct copies of the photographs of the subject property. 12. In addition, Plaintiff inquired of the Pennsylvania Department of Transportation ("Penndot") and was informed that there is no mobile home registered in the Defendant's name. This is further evidence that the home is not mobile and that the Defendant intends the home to be permanently affixed to the land. A true and correct copy of Penndot's letter is attached hereto, made part hereof, and marked as Exhibit "G". 13. There is no statutory basis in the Commonwealth of Pennsylvania for court declaration that a mobile home has been converted to realty and affixed as part of the land. 14. Pennsylvania is rife with common law that personal property or chattel be considered a fixture and as such, part of the real estate, when it is deemed to have been permanently affixed to the land. 15. Because the property is clearly attached via foundation to the land, it was clearly the intent of the parties that this home be made permanent at its site and that the mortgage cover such home as security interest for the loan. 16. Principles of equity dictate that the intent of the parties should govern. 17. Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer of the property at Sheriff's Sale will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. 18. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Equitable Conversion to Real Property and Order to the Defendant on August 17, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit 6CU" 19. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff Citimortgage, Inc. respectfully requests that this Honorable Court enter an Order on this motion, that the property at 607 Gutshall Road, Boiling Springs, PA 17007 with a tax parcel I.D. number of 22-31-2173-023, be equitably converted to real estate by way of this motion, and not subject to separation from land. C PHE & SCHMIEG, LLP Date: B Y• Michele M. B ord, Esquire Attorney for P ntiff 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 Citimortgage, Inc. 5280 Corporate Drive, MS 1011 Frederick, MD 21703 Plaintiff VS. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 07-1426 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR EQUITABLE CONVERSION TO REAL PROPERTY 1. PROCEDURAL HISTORY On November 17, 1998, Daniel L. Bubb made, executed and delivered a mortgage on the Property to Mortgage Investors Corporation in the principal amount of $72,350.00. Mortgage Investors Corporation delivered an Assignment of the Mortgage to Source One Mortgage Services Corporation. Source One Mortgage Services Corporation delivered•an Assignment of the Mortgage to Mortgage Electronic Registration Systems, Inc. Mortgage Electronic Registration Systems, Inc. delivered an Assignment of Mortgage to Plaintiff. Defendant defaulted in payments on the mortgage, and remains due and owing to Plaintiff for the November 1, 2006 payment and each payment thereafter. On or about March 14, 2007, Plaintiff filed a complaint in mortgage foreclosure, and Daniel L. Bubb was served with the complaint on March 15, 2007. Plaintiff filed a default judgment against Defendant on April 19, 2007. The property had been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 22-31-2173-023. Further investigation of the property was obtained by way of photographs taken of the property, to ascertain the status of the real estate improvement. Plaintiff also obtained a report from Penndot. Since the house is a mobile home or a manufactured home, potential third party purchasers of the property may not be able to obtain insurable title. The fact that the house is a mobile home or a manufactured home is a cloud on title. Plaintiff is requesting the entry of a Court Order declaring the house as realty, so that the buyer of the property at Sheriff's sale will acquire clear title to the house and land, and will be able to obtain an owner's policy of title insurance. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. II. LEGAL ARGUMENT A. Conversion to Realty Clearly it was the intent of the mortgagor that the home be used as security for the loan made by Mortgage Investors Corporation and not raw land alone. It was certainly Mortgage Investors Corporation's intent that the mortgage cover the dwelling. In Pennsylvania, the intent of the parties is a key consideration in determining whether or not a chattel becomes a fixture. In re Appeal of Sheetz, Inc, 657 A.2d 1011 (1995). There are at least three considerations to be made in making this determination: (1) the manner in which it is physically attached or installed, (2) the extent to which it is essential to the permanent use of the building or other improvement and (3) the intention of the parties who attached or installed it. Id. At 1013, citing, McCloskey, 101 Pa. Commonwealth Court at 1134, 515 A.2d at 644 citing, Clothier, the Law of Fixtures in Pennsylvania, 32 Pa. B.Q. 66, 66-67 (1960-61). Plaintiff submits that when these factors are considered, it is evident that the home is affixed to the land. The parties did not sit down at the closing table with the intent to mortgage raw land. If this home was ever mobile, it is not now, being firmly founded without any trace of mobility. Neither is the home convertible back to a mobile status. The Sheetz case goes on to cite the Superior Court case of Streyle v. Board of Property Assessment, 173 Pa. Superior Court 324, 98 A.2d 410 (1953) which held that "[h]ouse trailers, so long as they remain mobile, i.e., equipped with wheels, are personal property and not subject to taxation as real estate". Id. at 327, 328, 98 A.2d at 412. It would stand to reason that once the wheels are removed, permanent affixation is evident, the property should be taxable as real estate. Clayton v. Lienhard, 312 Pa.433, 167 A.321 (1933) is still the lead case cited for determining what category "chattels" fall under in connection with real estate. There is that which is clearly furniture and will always remain personalty, that which is clearly affixed and cannot be removed without injury to the real estate or the fixture itself, and that under which mobile homes fall: physically connected to the real estate, but removable without destroying the mobile home or the real estate. Plaintiff submits that the home at 607 Gutshall Road, Boiling Springs, PA 17007 falls under the second classification. However, were the court to find that it was a "mobile home" under the Cla on definition, it would still need to find the home to be real estate, due to the determining factor that is the intent of the parties at the time of annexation Id. At 436, 322 (emphasis added). The Boyd Appeal case heard in Beaver County, Pennsylvania held that a "mobile home" which had its mobility removed was no longer a "mobile home" for zoning purposes, but should be deemed a single-family dwelling. It further distinguished between trailers (with wheels) and mobile homes, indicating that "the structural construction of th[is] home differs from that of a conventional home only to the extent that it is of a smaller scale. The degree of difficulty in physically moving the structure is the same". Boyd Appeal, 67 Pa. D. & C. 2d1, 1974 WL 15624 (Pa.Com.Pl) (1974). In defining the structure, the Court set forth a plethora of factors that it found to separate such a permanent home from that of a trailer, such as the foundation itself, the building materials, the water, sewer and electricity utilities, telephone service, septic tank and fuel oil heating unit. Id. at 15. Further, counsel for Plaintiff in prior cases with very similar fact patterns has had relief granted in its favor in several Pennsylvania counties. In the instant case, Daniel L. Bubb has clearly evidenced similar manifestations of intent to have this dwelling be permanently affixed to the land. It is clear from the photographs attached hereto that there is utility hookup, a porch, and a permanent foundation, and the interior of the dwelling is replete with the amenities of any other home. Further, as evidenced by the Cumberland County Tax Assessment documents attached to Plaintiff's instant motion, this property has been assessed as improved property for real estate tax purposes. Surely, logic dictates that if this type of improvement would be considered a home for zoning reasons, and the very county in which it sits has assessed it as real estate for tax purposes, the property should be deemed realty. A Lancaster County, Pennsylvania Court used the Cla on standard to hold that a mobile home constituted real estate under Pennsylvania law when the wheels of the home had been removed, the home remained in place for seven years, water, sewer, electricity and telephone were connected, and the owners paid real estate taxes to Lancaster County. Fromm v. Frankhouser, 7Pa. D. & C. 3d 560,566-567,1977 WL 269 (Pa.Comm. PI) (1977). The same conclusion should be reached in Cumberland County in the instant case. B. Relief in Aid of Execution Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendant. (See Exhibit "D"). Moreover, it is also clear that the mortgaged property at 607 Gutshall Road, Boiling Springs, PA 17007, is property of the Defendant and is subject to attachment and execution. Therefore, the creditor is entitled to invoke Rule 31.18 for its motion to aid in the execution of the property and the court has jurisdiction over this matter. C. Plaintiff's Motion to Equitably Convert Should Be Granted Pursuant to Rule 126 In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), although the Commonwealth Court found the Common Pleas Court exceeded the scope of Rule 3118 by making a determination of which creditor had priority to the debtor's lottery winnings, the court nonetheless refused to remand the case for a separate hearing. Id. at 612. In so finding the court stated "it would be judicially inefficient to remand this matter to the trial court when all of the necessary parties were able to participate in the matter before the Court of Common Pleas. " Id. at 609. In support of its ruling, the Livingston court cited Pa. R.C.P. 126, which provides that civil procedure "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." Pa. R.C.P. 126. In the present case, the Defendant at all times was aware of all proceedings and was able to fully participate. However, the Defendant has not contested any of the proceedings. Requiring a separate action to quiet title would cause undue delay and additional cost to Plaintiff. D. Quiet Title and Foreclosure Claims May Be Joined Under Meara Even if the Motion to Equitably Convert to Real Property were deemed to be a quiet title , action, such an action may be properly joined with a foreclosure action under Meara v. Hewitt 455 PA 132 (1974). Under the Pennsylvania Rules of Civil Procedure, a plaintiff in an action of mortgage foreclosure may state in his or her complaint two or more grounds for foreclosure, but may not state more than one cause of action. Pa. R.C.P. 1146. Thus, an action in equity may be joined with an action to quiet title and an action of mortgage foreclosure, where all three actions turn on the same legal question of the validity of a mortgage. Goodrich Amram 2d § 1146:1. E. Declaratory Relief Pennsylvania Rule of Civil Procedure 1602 titled "Declaratory Judgment as Ancillary Relief' states that a party may include a prayer for declaratory relief in any action at law or in equity. Consistent with the law cited above, this rule permits Plaintiff's requested relief in a mortgage foreclosure action. The Declaratory Judgments Act states, "Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed...." 42 Pa. C.S.A. §7532. In the instant case, Plaintiff is seeking an order declaring the status of the house as realty. Section 7532 gives the Court the authority to make this declaration. The Pennsylvania Superior Court has held that the Declaratory Judgments Act is to be liberally construed. Doe v. Johns-Manville Cora., 471 A.2d 1252, 324 Pa. Super. 469 (Pa. Super. 1984). In addition, the Declaratory Judgments Act is intended to provide relief from uncertainty. Curtis v. Cleland, 552 A.2d 316, 122 Pa. Cmwlth. 328 (1988). Accordingly, Plaintiff submits that the Declaratory Judgments Act provides the Court with jurisdiction to declare Daniel L. Bubb's house as realty, to provide relief to the Plaintiff from the uncertainty associated with selling a mobile home or manufactured home to a third party. F. Equitable Principles Plaintiff is without an adequate remedy at law and will suffer irreparable harm unless the requested relief is granted. This Court has plenary power to administer equity according to well- settled principals of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504,112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer of the property at Sheriff's Sale will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. WHEREFORE, Plaintiff Citimortgage, Inc. respectfully requests that this Honorable Court enter an Order on this motion, that the property at 607 Gutshall Road, Boiling Springs, PA 17007 with a tax parcel I.D. number of 22-31-2173-023, be equitably converted to real estate by way of this motion, and not subject to separation from land. Date: SJ15104- Respectfully submitted: PHELAN HALLIIJAN & SCHMIEG, LLP By: Michele M. B ford, Esquire Attorney for Plaintiff EXIT A owo g, WHEN RECORDED MAIL T: A. Financial Services-Pittsburg 2831 Banksville Road Pittsburgh, PA 15216 Loan Number : 078769 3/ st -- 0 r: r; L II t3 COUNT'-PA '88 NOU 20 0M 1145 Ispace Above This Line For Recording DataI MORTGAGE THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS I AFFAIRS OR ITS AUTHORIZED AGENT. THIS MORTGAGE ("Security Instrument") is given on November 17, 1998 Themongaeoris Daniel L. Bubb, A single man ("Borrower"). This Security Instrument is given it) Mortgage Investors Corporation , which is organized and existing under the laws of Ohio and whose address is 6090 Central Avenue, St. Petersburg, FL 33707 ("Lender"). Borrower owes Lender the principal sun) of SEVENTY-TWO THOUSAND THREE HUNDRED FIFTY DOLLARS AND 00/100 Dollars (U.S. $ 72,350-00 ). Tliis debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on December 1, 2028 This Security lnsiniment secures to Lender: (a) the repayment of the debt cvidcnecd by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Smurity Instrument; and (c) 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 Lender the following described property located it, Cumberland k 1 County. Pennsylvania: SEE EXHIBIT A ATTACHED AND MADE A PART HEREOF. . i which Itas the address of 607 Gutshall Road (Steed Pennsylvania 17007 ('Property Address"): I%ip C,xlcl PFNr SYLVANIA -- Single Fiunih• -- Uniform Instrument 1 REM 2410x1 (8511) (1 a8e 1 c f6 pngerf 110014499 not A27 Boiling Springs [City] 0 m 2-141. to 0 y GFE, ToONcrC.lt 1-800-53"3030NM OWN .r 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 protty. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to pc in this Security Instrument as the "Property; 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 nun-unifor» 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 and lntermst; Prepayment and Late Charges. Borrower shall pmmptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds') for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly tcasehold payment: or ground rents on the Property, if any. (c) yearly harard or property insurance prelniums; and (d) yearly flood insurance premiums, if any. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow accuunt under the loderal Real Estate Settlement Procedures Au of 1974 as amended from time to time. 12 U.S.C. § 2601 et seed. ("RESPA"). unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may 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. Thy Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay thu bscrow Items. Lender may not charge Burrower 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. However. Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not he required to pay Borrower any interest or carvings on the Funds. Burrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sutras secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the execs Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lendcr at any tine is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing,.and, in such case Borrower shall pay to Lcndcr the amount necessary to [nuke up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 23. Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property. shall apply any Funds held by tender at the time of acquisition or sale as u credit against the sutras secured by this Security Instrument. 3. Application or Payments, Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest dtic: fourth. to principal due; and last, to any late charges due antler the Note. 4. Charb4s; Lierrs. Burrower shall pay all taxes. assessments. charges. fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that moaner, Borrower shall pay them on brie directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. 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 inanncr acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security lrtstnruTent. It Lender determines that any pan of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth atx>vc within IU days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the teen "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintaiocd in the amounts and eooK 1499 racy X128 GREATLAND ¦ ITEM 2stOL2 (95(1) (NaRi 2 4!f6 pages) TO 0rOtt GR: 1-600-530-93930 roc 516-791-1131 i for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender inay. at Lender's option. obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. 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. insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. 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 any excess paid to Borrower. If Borrower abandon.. the Property; or does not answer within 30 days a notice from Lander that the insurance carer has offered to settle a claim. then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sutras secured by this Security Instrument, whether or not then due. The 30-clay period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 23 the Property is acquired by Lender. Borrower's right to any insurance policies acd proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Inurutnent immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish. and use the Property as Bormwcr's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which arc beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal. is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate. as provided in paragraph 17, by causing rite action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material inipainnent of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loam application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. 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. 7. Protection of Lendees Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security instrument, or there is a iceal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy. probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paving reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7. Lender does not have to do so. Any amount% disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secure] by this Security Instrument. Unless Bom?wer and Lender agree to other terns of payment, these amounts shall bear interest from the date of disbursement at the Now rate and -hall be payable, with interest, upon notice from Lender to Borrower requesting paytiimt. 8. Inspection. Lander or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of an award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part an N award Property. or for conveyance in lieu of condemnation. arc hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security lnstrumcnt, whether or not then dec. with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immmoxdiately before the taking is equal to or greater than the amount of the sums secured by this Sccwity instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the suns sccaued immediately before the taking, divided by (b) the fair market value of the Property immediately Wow the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Properly immediately before the iakin is less than the amount of the suns secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unlesss applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security lnstrumcnt whether or not the sums arc then dice. soal1499 r1I+ " GREATLAND a REM 24 10.3 (9511) (Page 3 1 f6 palses) To Order Ca11: Id00-S30-9398Ora61R-791-1131 . If the Property is abandoned by Borrower. or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorived to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the ecured by this Security Instrumncnt, whether or not then due. sums. Unless Lender and Bom?wer otherwise agree in writing. any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amorization of the runts secured by this, Security instrument granted by Lender to any successor in interest of Bon-owcr shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence prcx:ccdings against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not he a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; joint and Several Liability; Co signem-q. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16. Borrower's covenants and rgreemonis shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security instrument only to mortgage. grant and convey that Borrower's interest in the Property under the terns of this Security Instrument; (b) is not personally obligated to pay the scans secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted sec 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 collcc lcd 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 under the Note. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Properly Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stutcd herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Properly is located. If the indebtedness secured hereby is guaranteed or insured under Title 38, United States Cote. such Title and Regulations issued thereunder and in effect on the date heteof shall govcm the rights, duties and liabilities of the parties hereto, and any provisions of this or other instruments executed in connection with said indebtedness which arc inconsistent with said Title or Regulations arc hereby amended to conform thereto. 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. To this end the provisions of this Security instrument and the Note are declared to be severable. 15. fl?orrower's Copy. Burrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Transfer of the Property. This loan may be declared immediately due and payable upon transfer of the Property sce-uring 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 Gale. If Lender exercises this option. Lender shall Six-c. Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sutras secured by this Security Instrument. If Borrower fails to pay these sutras prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 17. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have cul'orcemnent of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Thosc conditions are that Borrower. ta) 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 del'ault of any other covenants or agreements. (c) pays all expenses inured in enforcing this Security Instrument, including, but not limited to. reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument. Lender's rights in the Properly and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security instrument and the obligations secured hereby shall ttmain fully effective as if no acceleration had occurred. diowevex, this right to reinstate shall not apply in the case of acceleration under paragraph 16. 18. Sale of Note; Change of Loan Servicer. Thc Note or a partial interest in the Note (together with this Security instrument) may be sold one or more tines without pror notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collect. monthly paynte:nts due under the Note and this Security Instrument. There also coax 1499 rAm 130 GREATIANn. VMM241O14 (9511) (!'auge 4 (JO Images) Toorar Gut 1-=0430-93930 Fa 08-711.1131 • • may 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 in accordance with paragraph 13 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 19. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage. or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shalt promptly give Lender written notice of 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. If Borrower learns. or is nutihe:d by any governmental or regulatory authority, that any removal or other- rcmcdiation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 19, "Hazardous Substances" arc those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene. other flammable or toxic petroleum products, toxic pesticides and herbicide, volatile solvents. materials containing asbesUrn or formaldehyde, and radioactive materials. As used in this paragraph 19, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 20. Funding Fee. A fee equal to one-hair of one percent of the balance of this loan as of the date of transfer of the Property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the assurer fails to pay this (cc at the time of transfer, the (cc shall constitute an additional debt to that already sctiured 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 ascumer is exempt under the provisions of 38 U.S.C. 3729(c). 21. Proeming Charge. Upon application for approval to allow assumption of this loan, a processing fee may be charged by the town holder or its authorized agent for determining the creditworthiness of the assurner 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, Talc 38, United Staten Code applies. 22. Indemnity Liability. If this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the tenns of the instruments crealinn 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. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 23. 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 paragraph 16 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 sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense or 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 rennedies provided in this paragraph 23, including, but not limited to, attorneys' fees and costs of tiUe evidence to the extent permitted by applicable law. 24. 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 without charge to Borrower. Borrower shall pay any recordation costs. 2S. 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. 26. Reinstatement Period. Borrower's time to reinstate provided in paragraph 17 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 27. 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. 28. 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. GREATLAND ¦ ITEM 2ata5 195111 (Page S of 6 pages) To fter CM 1.800.530-63930 Fa 616-701-1131 BOOK 499 rile A31 9 29. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a pan of this Security Instrument. JChcck applicable box(es) F] Adjustable Rate Rider n Othct(s) IspecifyI ? Gladuatcd Payment Rider BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in page% 1 through 6 of this Security Instruntcttt and in an ricler(s) executed by Borrower and recorded with it. t -(Seal) ) Daniel 'L. Bubb -Bornwer -&xrower _(Seal) (Seat) -PAWMWr -&mrw17 Witness. Witness: COMMONWEALTH OF PENNSYLVANIA. U40111A County ss: - On this, the lad day of /I?bYIr`/'T/? mxxtwMore me, ZW41 /L' the undersigned officer, personally appeared Daniel L. Bubb, A single man proven) to be the person whose name !S that Ac- executed the same for the purpose herein cor IN WITNESS WHEREOF. I hereunto set env hand and offs ' My CommisSion expit .. Nowini Suer john A. l3dotaurC a ubpl?cr?y s 13,1998 my dohm"sion t CERTIFICATE OF RESIDENCE k,. tau, ., "'-,'f f-CA do hereby certify that the correct address of the within named lender is 6090 Central Avenue, St. Petersburg, FL 33707 Witness oiy hand this I'"j & day of GV4,k (A, t d2l S Agent of Lender $0m11499 rx> %t32 t GFIEATLAND ¦ ITEM2410t6 M11) (11age6aj6 pages) TeOwwCat 1.600-530-93930 Fax616-r61.r131 known to me (or satisfactorily subscribed to the within instTutrtent and acknowledged • j BEGINNING AT A PO PUBLIC-ROAD AT LINE OF LANDS FO Y A PART OF THE SAME PREMISES -AS TM TRACT HERFdN C , NOW OR FOOORLY OF ROGER E., DALOW AND DARYL L. SCIR FFBR: VM NCE FROM SAID BF.GWWO POINT BY THE CENTER OF SAID ROAD AND LANDS NOW OR FORMERLY OF DAVID MYERS. wokTI't 32 DEGREES 47 Mpwm EAST moo FEET TO A RAILROAD SPIKE IN THE CENTER OF SAID ROAD.. Twm BY ' LAND NOW OR FORM ULY OF ATLAS CEMWr COMPANY. SOUTH 05 DEGREES 29 MINUTES EAST 411 A0 FRITZ TO A RAILROAD RAII+ THENCE BY LANDS NOW Olt FORMERLY OF CHAMBENAN ESTATE, SOUTH 71 DEGREES 44 MINUTES j WEST, 79A FEET TO A POINT; THSNCL 13Y LAND NOW OR FORMERLY OF ROGER D. SCHAFFBR. ET AL. ABOVE MENiiONED, NORTH It DEGREES 25 MI<1 NIBS WEST, 262.0 FRET TO THE PLACE OF BEGINNING . CONTAINING 0.92 ACRES, MORE OR LESS. AND BEINO NPROYEP WIN A SMALL CABIN. SUBIECC HOWEVER, TO SUCH EASBMB m, R8S'i1ttCRONS, AND CONDITIONS THAT MAY APPLY TO THE AFORMDESCRIBED TRACT OF LAND, RECORDED OR UNRECORDED. ! a END OF REPORT : ?. OP$RA'I & L8 + )WINS ®12:52 PM 4 ;' Fodeal Exptes Moet2ato for nootdiuS to: ' :? THE SRMDNEL AGENCY 2146 WORTH SECOND STREET 1FIARRISBURG. PENNSYLVANIA 17110-0000 ; . . •F SAMU ENOUGH TO SERVE YOUPERSONALLY... L itGsliJNobw ro SERVE YOUPROFESSIONALLY... THANK YOU FOR USING TA PIMA NCIAL SERVICFA INC.I !i 4+ - F State of Pennsylvania 1 County of CumberlandI 8f3 Recorded i t e office for the recording of Deeds ect i nd f rland County, In _ V ' "! Pag vriin is ny he I of offi Corlisie, PA th' dey 0f? f1? Book U99 Pat E,?CIIBIT Al llj? OqPPF Q"? tr (10 COUNT;`-PA "98 DEC 21 PSI 3 02 . . yqSqd ASSIGNMENT OF MORTGAGE / DEED OF TRUST / SECURITY DEED PREPARED BYRE URN TO: MORTGAGE INVESTORS CORPORATION 60" CENTRAL AVENUE, sT PETERJBURG. i L 33707 FOR VALUE RECEIVED, Mortgage Investors Corporation, 6090 Central Avenue, St. Petersburg, FL 33707, hereby sells, assigns and transfers unto $oum One Mortgage Smias Cornoratiod 27555 F mington Rd., Farmington Hills, MI 48334 that certain security instrument ovem er 17, 1998 , executed by Daniel L. Bubb, A single man , which said security instrument is recorded in the office of the Recorder of Cumberland County, State of PA Said property being located at (Legal Description): SEE EXHIBIT A ATTACHED AND MADE A PART HEREOF. =Z&4re /U": d : ///0?98' ! 1 99 t f?? IN WITNESS WHEREOF. Mortgage Investors Co tG.by, u this ' trumen t?tbe executed by its duly authorized officer this November 19th, 1998 C n N SSED BY: l e rs n Diglio Asst. cc President Steven P.-Skenicki STATE OF FLORIDA COUNTY OF PINELLA Before me, the undersigned, a Notary Public in and for County and State, this ember 9th, 1998 personally appeared the above subscribed, Assistant G. Goolsby to me, personally known to be the Vice President, and acknowledged the execution of the within foregoing Assignment of Mortgage! Deed of Trust/ Security Deed on behalf of said Mortgage Investors Corporation as its said officer for the uses and purposes therein set forth, as the were du authorized to do. E S MY ha 7d Notarial Seal. w WC01M11661011jcc67D621 a E?NtL3: F06rrulr 1t, R?1 a ' OonArOIMYMobrPrYCt1A011Nrldn ? .. Am ler - ---- - Notary ublic ESCROW: 218098 FILE/COMMITMENT 0: 218098 LOAN #: 078769 CLOSING AGENT: T. A. Financial Services-Pittsburg 2831 Banksville Road Pittsburgh, PA 15216 BOOK 598 PAcE 331 0 K Cq- BEGD44M AT A PONY IN A PUBLIGPXW AT LV4E OF LANDS FORMERLY A TART OP THE SANE 1'AEA = AS MIS TRACT LBs` = CONVEYEq NOW OR FOI ]MMY OF ROGZR F. PALE L. AND DARYL L. SCHAPrM- THEM= FRONT SAID UOR44M POW BY THE CENTER OF SAID ROAD AND LANDS NOW CK FORPAERLY OF DAVID UMS. mmm 32 Da*m 47 mm m BAST22R00 FEETTO A WLROAD SOUP INTHE CI aZA Of MID ROAD THENCE BY LAND NOW OR FO[W6RLY OF ATLAS CEMENT COWANY, SOUTH 03 D9GRWS 2S bMWM LWT 411A0 PW7O A RAII,ROAD RAU.oTMXNM BY LANDSNOW OR FORM MY OF CHAMBERLINESTAT$ SOUM71 DEGREESM MRWM WEST.7l.4 Mr?O A PGWP. TLBDICII BY LAND NOW OR POPAMLY OF ROGER D. SCHAPPXI, ET AL, ABOVE A¢NTIONIA NORM is DBOREES 23 moan ii MIST, am FlET TO TH6 PLACE of Bsapwm _ CONTA1NM 092 ACRM MORE OR LESS, AND BEM IMPROVE O WF H A SMALL. CABIN. SUB)Wr H0WBVM TO SUCH PAS81NEN1'S. RUTRX7MS. AND COMMONS THAT MAY APPLY TO THE AFORLDESCRIBFA TRACT OF LAND. RECORM OR UNRECORDED. END DF REPORT OPERATOR: 13 IWAM * 12.33 PM PedN Ll?cw M«tpp to aooNfoi to ' .. THNSWrINELAGENCY • 21" NORTH SBCOND STREET HARR133URO,. PENNSYLVANIA 171104000 A"UENOUGHmSOVEroUPEX5 YALLE- LAAGrANOUlGH70SERVE rOUPAMMOKAILL;.. TArAtYK YOUFOR Gl41NO r..I. F1ly NCUL SF.JtYICES. INCI Siata of PendsYwama } $6.' County of Cumbertan.01 the roe, Weeds.. A®,, n the offi for D County. p?od? 1. -Pao i fs d of oWKG witndss MY ha!d aday Of 1 Carlisle. BOOK 598 Pa 332 E "r A2 ?IISI 06 PENN LVANIA COUNTY-31` CUMBERLAND LOAN NO 1: -505260666 LOAN NO 2: 195703T382 A;1BERLA11:J COUNTY-PA INVESTOR 'piGe- - (s/J'?'If1 '00 JUN 5 RM 10 04 POOL NO: X00495765 INVESTOR TYPE: GNMA_TWO Record and Return lo: Finerald Mortgagee Assistance Co. (SpaceAbwe This Lk e For Rwwdds Ilse] 1099 I9111 Street, Suite 1600 ----- Dcuver, CO $0202 w9-r-afao-05v- 00/5 Assignment of Mortgage FOR VALUE RECEIVED, the undersigned as Beneficiary ('ASSIGNOR`), hereby gnats, conveys, assigns and transfers to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. P.O. BOX 2026, FLINT, MI 46501-2026 ("Assignee*) all beneficial interest under that certain mortgage dated 11/17196 executed by DANIEL L BUN, A SINGLE MAW Mortgagor, to MORTGAGE INVESTORS CORP Mortgagee, and recorded as instrument number on 11120196 in Book 1499 , Page 127 of Official Records in the office of the County Recorder of CUMBERLAND County, Pennsylvania, as described in said mortgage. Together with the note or notes therein described or referred to, the money due and to become due thereon with interest, and all rights accrued or to accrue under said mortgage. Dated: 1/4199 WHITE MOUNTAINS SERVICES CORPORATION, FKA SOURCE ONE MORTGAGE SERVICES CORPORATION, FKA FiREMANS FUND MORTGAGE CORPORATION, FKA MANUFACTURERS HANOVER MORTGAGE CORPORATION, FKA CITIZENS MORTGAGE CORPORATION 27555 FARMINGTON RD., FARMING N HI S, MI By B. LADZ S ASST. VIC ESIOENT STATE OF CALIFORNIA COUNTY OF ORANGE ) SS On 3nstn0 before me, V. WILLIAMS personally appeared B. LADIINSKI ASST. ACE PRESIDENT of WHITE MOUNTAINS SERVICES CORPORATION, FKA SOURCE ONE MORTGAGE SERVICES CORPORATION, FKA FIREMANS FUND MORTGAGE CORPORATION, FKA MANUFACTURERS HANOVER MORTGAGE CORPORATION, FKA CITIZENS MORTGAGE CORPORATION personalty known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose male(s) is(are subscribed to the within instrument and acknowledged to me that hWshtlthey executed the same in his/herAheir authorized opacity(ies), and that by his/ hedtheir signature(s) on the. instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal --7// )- -? ?+• v wtutAMals NOTARY PUBLIC V. WILIYAMor, My ccmminim agri/ea 3M9W Prepared By: Production Group, BayView PS 3631 S. Harbor Blvd., Suite 200, Santa Ana, CA 92704 CONN. #1176741 NOTARY MK6KZ4 FOINA ORM cma rh,Lamro.E*K MIAII t9.2ti02 Box 645 PACE 7x16 25 MW 10001150505260M 91M'011\s milli 1a10NU N?"1111 MFRS VRU P1n,r!_ 1M957M77 I? (? Assignment of Mortgage BETWEEN: WME MOWTAM SERVICES CORPORATION, FKA SOURCE ONE MORTGAGE SERVICES CORPORATKMi, FKA FNBIANS FIRO MORTGAGE CORPORATION, FKA MANUFACTURERS NANOVER MORTGAGE CORPORATION, FKA CITIZENS MORTGAGE CORPORATION AND: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. WHEN RECORDED MAIL TO: Bayview Ponfolio Corporation, LLC 3631 S. Harbor Blvd, Suite 200 PO BOX 25079 Santa Ana, CA 92704 Prepmd By Evdiu Bsdw Certificate of Residence 1, EVELIA BARBA , do hereby certify that ASSIGN EE!s precise residence is P.O. BOX 2026, FLINT, M149501-2026 , Witness my hand this Monday, lanuwy 04, 1999 ASSIGNEE or Agent for ASSIGNEE State of Pennsylvania County of Cumberland Recorded ir. do office for the saoordrq of Deeds M and 1bg1w • *nd CMtnhr.- 1J1? . ? Recorder 28 V" =115a60b7608BE5 MERS VRU Phan It 148b67M77 Sox 645 PAGE 707 ssoeetal7" 11111§1001011010M E?11BIT A3 ASSIGNMENT OF MORTGAGE KWWAI,LiM4Y,'IH6MPRESENTSlostMORTGAGEnzcn MCRF.GM-RATiONSYgrnlr,INC., a Dthurpre eorpotatioa, berema8er "Assignor" the holder of the Mortgage baeinaBa mentioned, for and in coosi lvi sti4t gfthe ado ofONE DOUAR (91.00) lawful money van it in heodpaidbytShMatg ge inc., "Assignee" at the floe ofexeatim hereof; sell assign transfsr and at over onto the said Assignee, the mocipt wbamf is hereby acknowedged, does hereby grant, bargain, its successors and asswx ALL THAT CERTAIN Indenture of Mortgage given and "econed by Maid L Babb to Mortgage investors Corporal{", hearing the date November 17,1998, in the amountof972,35&Kwgdhwwith theNote and indebtedness thereinmandosed,saidMortgagebeingrecordedan 1l/2QM in the Canty of Cumberland, Co®aowealth of Pemsylvsn* in Book 1499 Pg. 127, CitiMortgage Inc. Being Known as Premises: 607 Gutshall Road, Boiling Springs, Pennsylvania 17007 Parcel No: 22-31- 2J73- 023 Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moseys. Principal and Interest due and to grow due thereon, wdhtheWssraotofAtwmeytothesaid Obligatumanamd. TogetherwithdiRights,Remedimand iocidents thercumo belaog®g. And all ib Right, Tittlelubmst, Property, claim and Demand m and m the s®r TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hauhUmmb and pram cats hereby granted and assigned, or mentioned and intended so to be, with the appurtenances ens Assignee, its successors andassiigos,to and for its only proper use, benefit and behootsftaaver; subject, nevertheless, to Iha equityofredemption ofsaid Mortgagor m the said lnd=wxe of Mortgage named, and his%edtheir hens and assign dwout. IN WITNESS WHEREOF, tlx said "Assignor" has caused its Corporate Seal to be herein affixed and these presents to be duly executed by its props officers this March 1, 2007. By Sealed and Delivered Meane Amiamnt Vice President in the presence of as: Attest t_ _ 1J n 1(J 1 Stara of Missouri era. County of ST Ours : On this March 1, 2007, before me, the subscnber, personally appeared Aaron Memo, who acknowledged himthaself to be the Assistant Vice President of Mortgage Electronic Registration Systems, Inc., a Delawwo Cotporuioo, and that belshe, as such Assistant Vice President, being authorized to do so, executed the foregoing instrument for the purposes dwrain contained- . IN WITNESS WHEREOF, I hereunto set my hand and officials TWA" .Maam 1 y `9 st xR Stanp/SeaL t+?r sr . Not tic aus-fw-w . C 3 Cwe orse law 1 O o'a'f p Pr 7 =D coo ° The precise address of the After recording rotors to: within named Assignee is: PHELAN HAUJNAN & SCHMIBG, LLP N 1000 Technology Drive, One Pena Center O'Pallon, NO 63368-2240 1617 J.F.K. Blvd.,Ste.1400 3/1/'07 Philadelphia, PA 19103-1814 50526088 6 ?S 't t 190735PG2576 1ZQS'r BEGINNING AT A POINT IN A PUBLIC ROAD AT LINE OF LANDS FORMERLY A PART OF THE SAME PREMISES AS THE TRACT HEREIN CONVEYED, NOW OR FORMERLY OF ROGER E., DALE L. AND DARYL L. SCHAFFER; THENCE FROM SAID BEGINNING POINT BY THE CENTER OF SAID ROAD AND LANDS NOW OR FORMERLY OF DAVID MYERS, NORTH 32 DEGREES 47 MINUTES EAST 220.00 FEET TO A RAILROAD SPIKE IN THE CENTER OF SAID ROAD; THENCE BY LAND NOW OR FORMERLY OF ATLAS CEMENT COMPANY, SOUTH 05 DEGREES 28 MINUTES EAST 411.00 FEET TO A RAILROAD RAIL; THENCE BY LANDS NOW OR FORMERLY OF CHAMBERLIN ESTATE, SOUTH 71 DEGREES 44 MINUTES WEST, 79.4 FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF ROGER D. SCHAFFER, ET AL, ABOVE MENTIONED, NORTH 18 DEGREES 25 MINUTES WEST, 262.4 FEET TO THE PLACE OF BEGINNING. CONTAINING 0.92 ACRES, MORE OR LESS, AND BEING IMPROVED WITH A SMALL CABIN. SUBJECT HOWEVER TO SUCH EASEMENTS, RESTRICTIONS, AND CONDITIONS THAT MAY APPLY TO THE AFORE-DESCRIBED TRACT OF LAND, RECORDED OR UNRECORDED. f: E i i y this to be recorded i.? k.'Umberland County PA 1 Recorder of Deeds 0735PG2579 EXHIBIT B PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 1210 563-7000 150621 CITIMORTGAGE INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 V. Plaintiff DANIEL L. BUBB 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 Defendant am Q o c - T_ w ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 411/0 tCj CUMBERLAND COUNTY i4'1"TORIVY FILE Copy PLEASE RETURN CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ,O mto 'by W% r vet copy ° l filed ?# r? Iva ,4TT0RA,'E-Y F11 LEASE R.ETi .r n. ty File #_ 150621 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 S: MIMI 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 PLAE47UF 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 File 8: 150621 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. RIC 9: 150621 Plaintiff is CTTIMORTGAGE INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2: The name(s) and last known address(es) of the Defendant(s) are: DANIEL L. BUBB 607 GUTSHALL ROAD - BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/17/1998 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1499, Page: 127. By Assignment of Mortgage recorded 06/05/2000 the mortgage was Assigned To MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which Assignment is recorded in Assignment Of Mortgage Book No. 645, Page 706. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public _ ..__..record and are incorporated'herek by'referenca in accordance with'Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File 0: 150621 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 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. The following amounts are due on the mortgage: Principal Balance $62,416.44 Interest $1,812.56 10/01/2006 through 03/12/2007 (Per Diem $11.12) Attorney's Fees $11,250.00 Cumulative Late Charges $73.16 11/17/1998 to 03/12/2007 Cost of Suit and Title Search 550.00 Subtotal $66,102.16 Escrow Credit $0.00 Deficit $316.71 Subtotal 316.71 TOTAL $66,418.87 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attomey's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File N: 150621 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. 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 File #: 150621 10. 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 $66,418.87, together with interest from 03/12/2007 at. the rate of $11.12 per diem-to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SC G, LLP 3- z By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File N: 150621 LEGAL DESCRIPTION BEGINNING AT A POINT IN A PUBLIC ROAD AT LINE OF LANDS FORMERLY A PART OF THE SAME PREMISES AS THE TRACT HEREIN CONVEYED, NOW OR FORMERLY OF ROGER E., DALE L. AND DARYL L. SCHAFFER; THENCE FROM SAID BEGINNING POINT BY THE CENTER OF SAID ROAD AND LANDS NOW OR FORMERLY OF DAVID MYERS, NORTH 32 DEGREES 47 MINUTES EAST 220.00 FEET TO A RAILROAD SPIKE IN THE CENTER OF SAID ROAD; THENCE BY LAND NOW OR FORMERLY OF ATLAS CEMENT COMPANY, SOUTH 05 DEGREES 28 MINUTES EAST 411.00 FEET TO A RAILROAD RAIL; THENCE BY LANDS NOW OR FORMERLY OF CHAMBERLIN ESTATE, SOUTH 71 DEGREES 44 MINUTES WEST, 79.4 FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF ROGER D. SCHAFFER, ET AL, ABOVE MENTIONED, NORTH 18 DEGREES 25 MINUTES WEST, 262.4 FEET TO THE PLACE OF BEGINNING. CONTAINING 0.92 ACRES, MORE OR LESS, AND BEING IMPROVED WITH A SMALL CABIN. SUBJECT HOWEVER TO SUCH EASEMENTS, RESTRICTIONS, AND CONDITIONS THAT MAY APPLY TO THE AFORE-DESCRIBED TRACT OF LAND, RECORDED OR UNRECORDED. PROPERTY BEING: 607 GUTSHALL ROAD File #. 150621 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for . PLADn FF 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. 1424 ( 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 lmowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4304 relating to unworn falsificatioir to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Phdatif DATE: 0f 0_ ' I Ex yr C CASE NO: 2007-01426 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BUBB DANIEL L SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon BUBB DANIEL L the DEFENDANT at 2001:00 HOURS, on the 15th day of March 2007 at 607 GUTSHALL ROAD BOILING SPRINGS, PA 17007 by handing to DANIEL BUBB a true and attested copy of NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.76 Affidavit .00 • Surcharge 10.00 R. Thomas Kline .00 33.76 03/16/2007 PHELAN HALLIN rCHMtIG G Sworn and Subscibed to By: before me this day puty Sheriff of A.D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CPTIMORTGAGE, INC. 5280 CORPORATE DRIVE CUMBERLAND COUNTY MS1011 COURT OF COMMON PLEAS FREDERICK, MD 21703 CIVIL DIVISION Plaintiff, V. NO. 07-1426 CIVIL TERM DANIEL L. BUBB dot;" e 607 GUTSHALL-ROAD s?"? ?rt? ? BOILING- SPRINGS, PA 17007=i Defendant(s). ?v PRAECIPE FOR IN REM JUDGMENT FOR FAH.URE T ANSWER AND ASSESSMENT OF DAMAGES z TO THE PROTHONOTARY: a 0 s 61.• -o ?r w w w . n Kindly enter an in rem judgment in favor of the Plaintiff and against DANIEL L. BUBB, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs- damages as follows: As set forth in Complaint $66,418.87 Interest from 3/13/07 to 4/17/07 $400.32 TOTAL $66,819.19 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ATTC? ?? Y FILE 6ddm2 Jd' AIM" COPY DANIEL G. SCHMIEG, ESQ UIT PLEASE RETURN Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 150621 PRO PROTHY EXHIBIT E Page 1 of 1 Detailed Results for Parcel 22-31-2173-023. in the 2004 Tax Assessment Database DistrictNo 22 Parcel ID 22-31-2173-023. MapSuffiz HouseNo 607 Direction Street GUTSHALL ROAD Ownerl BUBB, DANIEL L C/O PropType RT PropDesc LivArea 924 CurLandVal 50000 CurImpVal 22370 CurTotVal 72370 CurPretVal Acreage .94 C1GrnStat TazEz 1 SaleAtnt 65000 SaleMo 08 SaleDa 29 SaleCe 19 SaleYr 96 DeedBkPage 00145-00186 YearBlt 1984 HF File Date 10/21/2004 HF Approval_Status A http://taxdb.ccpa.net/details.asp?id=22-31-2173-023.&dbselect=l 3/20/2007 EXHIBIT F _ e x, ? t v Q 14 U g ?. ?,.,?. ,,,Wiry G COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 4123/07 FULL SPECTRUM LEGAL 400 FELLOWSHIP RD STE220 071130733000298 001 SERVICES MT LAUREL NJ 08054-9956 Dear Customer: The Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. NAME : BUBB,DANIEL L If you have any questions concerning this information, please contact Vehicle Record Services at the address or telephone number listed below. Sincerely, Customer Service Team Bureau of Motor Vehicles ADDRESS CORRESPONDENCE TO: Department of Transportation Vehicle Record Services PO Box 68691 Harrisburg, PA 17106-8691 INFORMATION: (8:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE www.dot.state.pa.us AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 E?IB1't K PHELAN HALLINAN & SCHMIEG, LLP -11617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 micheie.bradford@fedphe.com Michele M. Bradford, Esquire August 15, 2007 Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 RE: Citimortgage, Inc. vs. Daniel L. Bubb Cumberland County CCP, No. 07-1426 Civil Term Dear Mr. Bubb, Representing Lenders in Pennsylvania and New Jersey Enclosed please find a true and correct copy of my proposed Motion for Equitable Conversion and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief, that is, a court order declaring the dwelling to be realty. Please respond to me within one week, by May 11, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. e trul yo Michele . Bra f rd, Esquire For Phelan Halli & Schmieg, LLP Enclosure 31. o aE dz a mo a 70 •-1 ?6 » B 2, o ?J ?. 1 y U? o fqj N to ' ? C ? C b g ? d gJC 3 a C. n 4 0. Er ? . ?a a N X .0 a Al W; NI t=, l oz O? (A A W N .r r o a m X'ag A ro C 10 ? a A A r Q? A .Nr C g C' Q' A mob.. C? 'V O O Z V ? o A c- z > 46 O '7 C pig V A m n Al col r c ? d o CA• O C A e? a a H ;kl',PQ% PITWV BOWES 02 1M of. 0004218010 AUG17 2007 MAILED FROM ZIP CODE 19103 b 0 CA K !r w s 1 4 VERIFICATION Michele M. Bradford, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Plaintiffs Motion for Equitable Conversion to Real Property, and Brief in support thereof are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. L PHEL AN & SCHMIEG, LLP DATE: BY: Michel M. B d d, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Citimortgage, Inc. : Court of Common Pleas 5280 Corporate Drive, MS 1011 Frederick, MD 21703 : Civil Division Plaintiff vs. : Cumberland County Daniel L. Bubb No. 07-1426 Civil Term 607 Gutshall Road Boiling Springs, PA 17007 Defendant CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct copies of the foregoing Motion for Equitable Conversion to Real Property and Brief in support thereof, were served by regular mail on Defendant on the date listed below. Daniel L. Bubb 607 Gutshall Road / Boiling Springs, PA 17007 r PHEL t1fdr%j CHMIEG, LLP I DATE: BY: Mic le M. s quire Attorney for Plaints EXHIBIT G OCT q0L 0 42007a41 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Citimortgage, Inc. Court of Common Pleas 5280 Corporate Drive, MS 1011 Frederick, MD 21703 Civil Division Plaintiff VS. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant : No. 07-1426 Civil Term ORDER AND NOW, this ILIA day of 0;J;&-J , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the dwelling at 607 Gutshall Road, Boiling Springs, PA 17007, Monroe Township with a tax parcel I.D. number of 22-31-2173-023, is equitably converted to real estate by way of this motion, and not subject to separation from land, and it is ORDERED and DECREED that the Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this order for recording. V PV FROM RECORD +n T'09tWM whOW, t here unto set my hang and the w 01 said Court at Cadisle, pa. =11:Lft I QZM7 $t 1 BY THE OURT: ?s J. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200742738 Recorded On 11/13/2007 At 12:12:05 PM * Instrument Type - ORDER Invoice Number - 8688 User ID - RAK *Grantor - CITIMORTGAGE INC * Grantee - BUBB, DANIEL L * Customer - PHELAN * FEES STATE WRIT TAX $0.50 RECORDING FEES - $11.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $17.00 * Total Pages - 2 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA of ctr'ye RECORDER O D EDS f7b0 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IIIIIIII!VNIIIIIINI k` ???M' J I` , .1 ... l_ ". _: t`. 1 :.' _ 1? 4 .E??gIT ? FACT SHEET I Involuntary Transfer of Ownership of a Vehicle by Court Order This Fact Sheet outlines the procedures that must be followed when applying for a Certificate of Title involving the involuntary transfer of a vehicle's ownership. This procedure involves obtaining a court order and should be used only in those circumstances where it is impossible to transfer ownership of a vehicle by the use of a Certificate of Title or Vehicle Manufacturer's Certificate of Origin. Since every set of facts and surrounding circumstances will be unique, a person attempting to be declared owner of a vehicle where proper ownership documents are not available should seek the advice of a private attorney. THE DEPARTMENT WILL NOT OFFER LEGAL ADVICE REGARDING THE INVOLUNTARY TRANSFER OF OWNERSHIP OF A VEHICLE. PROCEDURES A person attempting to obtain ownership of a vehicle must commence a proceeding with a court of competent jurisdiction setting forth the facts and circumstances of the case. The ownership of the vehicle will be determined by the court. Please note that a sample court order is provided on the reverse side of this fact sheet. UNLESS THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IS THE OWNER OF THE VEHICLE IN QUESTION, THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IS NOT AN INTERESTED PARTY TO THIS COURT PROCEEDING. THEREFORE, THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION SHOULD NOT BE A NAMED PARTY IN THE PROCEEDING. 2. A person attempting to be declared owner of a vehicle by court order must notify all persons with an interest in the vehicle of the pendency of the court proceeding. The notification must be sent by certified mail, return receipt requested, and must include the following: (1) A specific description of the vehicle (i.e., year, make, model and VIN); (2) The court of competent jurisdiction where an action will be or has been filed; and (3) The time, date and place of any court proceeding. AT A MINIMUM, THE NOTICE MUST BE SENT TO THE PERSON(S) TO WHOM THE VEHICLE IS PRESENTLY TITLED AND REGISTERED AND EVERY LIENHOLDER THAT IS LISTED ON THE TITLE RECORD. PLEASE NOTE THAT IF A PERSON ATTEMPTING TO BE DECLARED OWNER OF A VEHICLE IS UNAWARE OF ANY PERSON WITH AN INTEREST IN THE VEHICLE, THE PERSON ATTEMPTING TO OBTAIN OWNERSHIP OF THE VEHICLE MAY OBTAIN A CERTIFIED COPY OF THE VEHICLE'S COMPUTER RECORD BY COMPLETING FORM DL-135 (REQUEST FOR VEHICLE INFORMATION), AND SUBMITTING FORM DL-135 TO THE DEPARTMENT ALONG WITH THE APPROPRIATE FEES. October 2006 - over - Bureau of Motor Vehicles - Research and Support Operations Section P.O. Box 68031, Harrisburg, PA 17106-8031 Visit us at www.dmv.state.pa.us 3. In the event the notice sent to a person with an interest in the vehicle is returned as "Unclaimed," the person attempting to be declared owner of the vehicle must advertise a legal notice at least once in the county legal journal(s) and at least once per week for three consecutive weeks in the newspaper(s) of general circulation where any person known to claim an interest in the vehicle may be located and where the vehicle is located, if these two locations are different. Please refer to the Pennsylvania Bar Association Lawyers Directory & Product Guide to determine the appropriate legal journal. The advertisement should include the following: (1) A specific description of the vehicle (i.e., year, make, model and VIN); (2) The court of competent jurisdiction where an action will be or has been filed; and (3) The time, date and place of any court proceeding. 4. When the above procedure is followed and the court of competent jurisdiction enters an order declaring an individual the rightful owner of the vehicle, the Department may issue a Certificate of Title to the person named in the court order upon receipt of the following: (1) A certified copy of the court order entered declaring the individual owner of the vehicle; (2) Form MV-1, "Application for Certificate of Title," and check or money order payable to the Commonwealth of Pennsylvania. (3) Appropriate sales tax, title and registration fees. Unless the petitioner is eligible to claim a Sales Tax Exemption, sales tax must be paid on the Fair Market Value of the vehicle as listed in a current edition of a Department-approved publication. Approved Department publications include the following: N.A.D.A., The Automobile Red Book, The Black Book Official Used Car Guide, American Used Car Guide, and The Kelley Blue Book Used Car Guide. SAMPLE COURT ORDER AND NOW, this day of 20 , after reasonable notice and an opportunity for hearing having been pr,-?` o nterested parties, the Court hereby awards ownership of one [year], [make]r el]; bearing vehicle identification number to [name of applicant], and the right, title and interest of any other person to sal<q, vetiele is hereby extinguished. The Commonwealth of Pennsylvania, Department of TranspprtMion may accept this order as evidence of ownership in lieu of a Certificate of Title. The 'Vdti6ner shall submit the appropriate forms, taxes and fees and comply with any other procedirres of the Commonwealth of Pennsylvania, Department of Transportation in order to receive the appropriate Certificate of Title for said vehicle. BY THE COURT: Judge EXHIBIT I PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 5/14/07 PAGE 1 071340733000012 001 OWNER JOHN R BUBB JR 8 LESSEE NONE CHRISTINE B BUBB 3299 RITNER HWY APT-1 NEWVILLE PA 17241 TITLE NUMBER 36347456 TAG NUMBER TITLE DATE 07/09/84 VIN 22110953T REGISTRATION EXPIRY DATE: BODY TYPE MH MAKE HAMPSHIRE ODOMETER READING MODEL *EXEMPT BY FED LAW RENEWAL WID DUPLICATE TITLE COUNT 0 PREVIOUS TAG VEHICLE YEAR 1984 LIENS : NO STOLEN DATE STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US EXHIBIT J PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3459 Email: michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania & New Jersey VIA FIRST CLASS AND CERTIFIED MAIL November 26, 2007 John R. Bubb, Jr. Christine B. Bubb 71,60 390y 9 845 c'008 3426. 3299 Ritner Highway, Apt-1 Newville, PA 17241 RE: Citimortgage, Inc. vs. Daniel L. Bubb Cumberland County CCP, No. 07-1426 Civil Term Dear Mr. & Mrs. Bubb: Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, LLP represent Secretary of Veteran Affairs the owner of the premises located. at 607 Gutshall Road, Boiling Springs, PA 17007. Enclosed is a copy of the Motion to Transfer Vehicle Title of the 1984 Hampshire Mobile Home bearing vehicle identification number 22110953T from John R. Bubb, Jr. and Christine B. Bubb to Secretary of Veteran Affairs. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief, that is, a court order declaring the dwelling to be realty. Please respond to me within one week, by December 4, 2007.The motion will be filed on or about December 5, 2007 at the Courthouse of Cumberland County. Please do not hesitate to call if you have any questions relating to this matter. Very ly ours, ch e . rad d, Es ire PHELAN HALLINAN & SCUIMIEG, LLP One Penn Center at Suburban Station 1617-John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3459 Email: michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania & New Jersey VIA FIRST CLASS AND CERTIFIED MAIL November 26, 2007 Daniel L. Bubb 607 Gutshall Road, 71L D 3901 9645 211118 341.9 Boiling Springs, PA 17007 ?iEAVEMS ' • RE: Citimortgage, Inc. vs. Daniel L. Bubb Cumberland County CCP, No. 07-1426 Civil Term Dear Mr. Bubb: Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, LLP represent Secretary of Veteran Affairs the owner of the premises located at 607 Gutshall Road, Boiling Springs, PA 17007. Enclosed is a copy of the Motion to Transfer Vehicle Title of the 1984 Hampshire Mobile Home bearing vehicle identification number 22110953T from John R. Bubb, Jr. and Christine B. Bubb to Secretary of Veteran Affairs. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief, that is, a court order declaring the dwelling to be realty. Please respond to me within one week, by December 4, 2007.The motion will be filed on or about December 5, 2007 at the Courthouse of Cumberland County. Please do not hesitate to call if you have any questions relating to this matter. k Very liff s, Mi e d, Es q e N r o . ? _ c o N ~ ? a A cr ?e Q?Q o k? ? Nnp ?Od 7, 10 w a NO1q°? yo°' G. ' b s A ?° o A b G. c ? o A o g q? ^ a W ? p^ ,7 (1 V1 W N ? "°" + O 7 9Qp•U @zaQ ? O O ? 1910 ?. $ $ 2 eSPost ?P 4?1 X=. or PITNEY BOWES RA; 2 1M $ 02.10 -Y -0004218010 NOV 26 2007 -- MAILED FROM ZIP CODE 19103 Cam A ? (ap y ? 'S d O coo n 0 n s S a z r a z x r b VERIFICATION Michele M. Bradford, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is Authorized to make this Verification, and that the statements made in the foregoing Plaintiffs Motion to Transfer Title, and Brief in support thereof are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. N DATE: l/ LA fl PH LINAN & SCHMIEG, LLP BY: ichele M. Br ord, Esquire Attorney for Pla tiff 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 Citimortgage, Inc. 5280 Corporate Drive, MS 1011 Frederick, MD 21703 Plaintiff VS. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 07-1426 Civil Term CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify a true and correct copy of the foregoing Motion to Transfer Title, and Brief in Support thereof, were served by certified and regular mail on Defendant and interested parties on the date listed below. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 DATE: if lalol John R. Bubb, Jr. Christine B. Bubb 3299 Ritner Highway, Apt-1 Newville, PA 17241 PHELAN HALLINAN & SCHMIEG, LLP BY: ? nrW M hele M. Bra rd, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3459 Email: michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania & New Jersey December 5, 2007 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Citimortgage, Inc. vs. Daniel L. Bubb Cumberland County CCP, No. 07-1426 Civil Term Dear Sir or Madam: Enclosed for filing please find Plaintiffs Motion to Transfer Vehicle Title, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly urs, c le rad For ELA HA INAN & SCHMIEG, LLP fR . C _ DEC o 7 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Citimortgage, Inc. Court of Common Pleas 5280 Corporate Drive, MS 1011 Frederick, MD 21703 Civil Division Plaintiff No. 07-1426 Civil Term VS. Daniel L. Bubb 607 Gutshall Road Boiling Springs, PA 17007 Defendant ORDER AND NOW, this /b? day of J?ti?wG+- , 2007, upon consideration of Plaintiff s Motion for Transfer of Title, and after reasonable notice and opportunity for hearing provided to all interested parties it is hereby: ORDERED and DECREED that ownership of the 1984 Hampshire Mobile Home bearing vehicle identification number 22110953T is awarded to Secretary of Veteran Affairs and the right, title and interest of any other person to said vehicle is hereby extinguished; and The Commonwealth of Pennsylvania, Department of Transportation may accept this order as evidence of ownership in lieu of a Certificate of Title. The Petitioner shall submit the <. t•.. C7 ? ?, appropriate forms, taxes and fees and comply with any other procedures of the Commonwealth of Pennsylvania, Department of Transportation in order to receive the Certificate of Title for said vehicle. BY THE COURT: J.