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HomeMy WebLinkAbout08-7104 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans Servicing, L.P. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 v. Beatrice Miller 1634 Williams Grove Road Dillsburg, Pennsylvania 17019 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-17 104 C iV i( lem CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demands en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Countrywide Home Loans Servicing, L.P., a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Beatrice Miller, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 1634 Williams Grove Road, Dillsburg, Pennsylvania 17019. 3. On May 8, 2007, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to MERS, Inc. as Nominee for Pinnacle Financial Corporation d/b/a Tri-Star Lending Group which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1993, Page 0395. 4. The aforesaid mortgage was thereafter assigned by MERS, Inc. as Nominee for Pinnacle Financial Corporation d/b/a Tri-Star Lending Group to Countrywide Home Loans Servicing, L.P., by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 1634 Williams Grove Road, Dillsburg, Pennsylvania 17019. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 87,320.95 Interest through November 26, 2008 $ 5,118.25 (Plus $15.46 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 274.20 Corporate Advance $ 220.00 Escrow Advance $ 3,515.26 GRAND TOTAL $ 97,748.66 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $97,748.66, together with interest at the rate of $15.46 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. Attombys for Plaintiff ' TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorns for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 2N? MY 22 Pfd 1 16 H NNUMINNIN 610 172093521 D2 001 001 After Recordine Return To: Principle Settlement Services, LLC 341 Science Park Road Suite 205Q C'? nFO7-60 ?- State College, PA 16803 Prepare By; MARILYN BERDIINGHAN PINNACLE FINANCIAL CORPORATION 7600 NORTH 16TH STREET SUITE 205 PHOENIX, AZ 65020 (602) 674-0722 Property Address: 1634 WILLIAISB GROVE ROAD DILLSBURG, PA 17019 PIN: 22-12-0350-012: paee Above This Line or Recording DWRI MORTGAGE MILLER Loan S;13232aSS9 PIN: 22-12-0250-0125 MIN:100062701323285599 DEFINITIONS Words used In multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used In this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated MAY 8, 2007, together with all Riders to this document. (B) "Borrower" Is BEATRICE DULLER, A SINGLE WOMAN. Borrower is the mortgagor under this Security Instrument. (t) "MRS" Is Mortgage Electronic Registration Systems, Inc. MFRS Is a separate corporation that is acting solely as a nominee for Leader and Lendar's successors and assigns. KM N the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.0. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS. (D) "bender" is PINNACLE FINANCIAL CORPORATION D/B/A TRI-STAR LMMZNG GROUP. Lender Is a CORPORATION organized and existing under the laws of FLORIDA. Lender's address is 2611 TECHNOLOGY DRIVE, ORLANDO, PL 32804. (it) "Note" mains the promissory note signed by Borrower and dated MAY e, 2007. The Note states that Borrower owes Lander EIGHTY-SEVEN THOUSAND NINS HUNDRED AND 00/100 Dollars (U.S. $87,900.00) plus interest. Borrower has promised to pay this debt In regular Periodic Payments and to pay the debt in full not later then JUNH 1, 2037. (F) "Property" means the property that Is described below under the heading "Transfer of Rights in the PEWSYLVAN1ASinglo FamOy-Faaak MadFreddk Mee 11NW01 M MUMUMBNT eiD 34732 Page I of 13 Form 30391/01 UB(1993PG0395 Exhi,ibItA 132328555 Property." (a) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest (10 "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (cheek box as applicable]: ? Adjustable Rate Rider ? Balloon Rider O 1-4 Family Rider ? Condominium Rider ? Planned Unit Development Rider ? Other(s) (specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, rwnappealable judicial opinions. Q) "Community Association Dues, Feces and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (10 "Ydeetroaie Funds Trasuibr" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic Instrument, computer, or magnetic tape so as to order, Instruct, or authorize a financial Institution to debit or credit an account Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Xurow Item" means those items that are described in Section 3. (M) "Mfseellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (PI) "Mortgage Insurance" means Insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the Note, plus (11) any amounts under Section 3 ofthis Security Instrument (P) "RWPA" means the Real Estate Settlement Procedures Act (12. U.S.C. 12601 at seq.) and its Implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security instrument, MESPA" refers to all requirements and restrictions that are imposed in regard to it "federally related mortgage loan" even if the Loan does not quality as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (T) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfomlaitce of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, giant and convey to MGRS (solely us nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MBRS the following described property located in the COMITY ('Type of Recording Jurisdiction) of ('tJMBZtOCGN?!v A (Name of Recording Jurisdiction) LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 1634 WILLIAMS GROVE ROAD, DILLSBURG, Pennsylvania 17019 ("Property Address'): PENNSYLVANIA-Single FamlyFsania MseMreddie Mac UNIFORM D48'1'RUMENT vEi 347.32 Pop 2 of 13 Farm 30391H1 ? Second Home Rlder ? Biweekly Payment Rider BK 1993PGO396 139339599 TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pert of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the Interests granted by Borrower in this Security instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. PaMest of Principal, interest, Escrow Items, Prepayment Cbagss, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and Into charges due under the Note. Borrower shall also pay funds for Escrow items pursuant to Section 3. Payments due under the Note and this Security instrument shall be me& in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following fortes, as selected by Lender: (a) cash; (b) money order, (a) certified check, bank check, treasurer's check or cashlees check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lander when received at the location designated in the Note or at such other location as may be designated by Lender In accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lander may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to reline such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lander may hold such unapplied funds until Borrower makes payment to bring the Loan currant. If Borrower does not do so within a reasonable period of time. Lander shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security instrument or perfbtming the covenants and agreements secured by this security Instrument. 2. Application of Payments or Proceeds, Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority; (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shelf be applied to each Periodic Payment in the order In which it became due. Any remaining amounts shall be applied first to Into charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lander receives a payment from Borrower for a delinquent Periodic Payment which Includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the PENMMVANE"ingle Family-Fanata Mae/Freddie Mae UNIFORM INMUMENT ilia 347.32 Page 3 of 13 Form 713/1/01 BK 1993PG03.91, late charge. If more than one Periodic Payment is outstanding, Lander may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow home. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note Is paid in full, a sum (the "Funds") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance an the Property, (b) leasehold payments or ground rents on the Property, if any; (e) premiums for any and all insurance required by Lander under Section 5; and (d) Mortgage insurance premiums, If any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tam of the Loan. Lander may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, floes and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Station. Borrower shall pay Lander the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds fbr any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lander Funds fur any or all Escrow Items at any time. Any such waiver may only be in writing. in the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lander requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be it covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" Is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lander any such amount. Lander may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section IS and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lander may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lander to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount it lender can require under RESPA. Lender shall -estimate the amount of Funds due on the basis of current date and reasonable estimates of expenditures of fbture Escrow Items or otherwise In accordance with Applicable Lew. The Funds shall be held in an Institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lander, If Lender is on Institution whose deposits are so insured) or in any Federal Home Loan Bank. Lander shall apply the Funds to pay the Escrow Items no later then the time specified under RESPA. Lander shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lander shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there Is a Shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lander the amount necessary to make up the shortage in accordance with RESPA, but in no mom than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. PENKSYLVANIASlogla Famay-Faania Mae/Freddie Use UNIFORM INSYRQa1F.i47' 40 347.32 Page 4 of 13 Form 30391/01 BK I9-93PG0398 PFFFF T Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lien. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security instrument, lessehold payments or ground rents on the Property, If any, and Community Association Dues, Fear, and Assesman% if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lion which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is pertbrming ouch agreement; (b) contests the lien in good faith by, or defends against entbroement of the lion in, legal proceedings which in Lender's opinion operate to prevent the entbrcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (e) secures from the holder of the lion an agreement satisfactory to Lender subordinating the lien to this Security Instrument if Lender determines that any part of the Property is subject to a lien which can attain priority over this Security ina mmank Lender may give Borrower a notice identifying the lion. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lion or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender In connection with this Loan. 5. Property Iasumuce. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, fbr which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exeroised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge fbr flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or cartifloation. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to porch= any particular type or amount of coverage. Thamfbre, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazai d or liability and might provide greater or lesser coverage than was previously in affect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shell be payable, with such'interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall Include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Properly, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree In writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be PEMSYLVANiMginate Famlly-Flame Mae/Freddre Mae UNIFORM VOTRUt1 ZNT 49.7 347.32 Paso S of 13 Form 30391/01 BK t 993PG03-99 132323939 applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lander shall have the right to hold such Insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the worst has been completed to Lender's satisfhation, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payments to the work Is completed. Unless an agreement Is made In writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the Insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair Is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Proporty, Lander may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lander acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any Insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of untamed premiums paid by Borrower) under all insurance policies covering the Property, Insofar as such rights are applicable to the coverage of the Property. Lander may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspecttoas. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing In the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to Its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If Insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shalt be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not suf elent to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lander may inspect the interior of the improvements on the Property. Lander shall give Borrower notice at the timebfor prior to such an Interior inspection specifying such reasonable cause. S. Borrower's Loan Application, Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lander (or tailed to provide Lender with material Information) in connection with the Loan. Material representations inetude, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Interest in the Property and Rights Under this Security Instrument. if (a) Borrower fails to perform the covenants and agreements contained In this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's Interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for onforoement of a lien which may attain priority over this Security Instrument or to enforce laws or PEMSYLVAMASingle PamOy-Faanie MadFred&e Mae UNIFORM INSTRUMENT WD 347.31 Page 6 or 13 Form 30391/01 BK 1953PG0400 131378559 regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security instrument. (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security instrument, including Its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water ffom pipes, eliminate building or other dodo violations or dangerous conditions, end have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and In not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall beer interest at the Note rate from the data of disbursement and shall be payable, with such Interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument Is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and Interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or emend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in affect, from an ahemate mortgage insurer selected by Lender. If substantially equivalent Mortgage insurance coverage Is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-reflrndabie, notwithstanding the fact that the Loan is ultimately paid in fhll, and Lender shall not be required to pay Borrower any interest or earnings an such loss reserve. Lender can no longer require lose reserve payments If Mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, Is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur If Borrower does not repay the Loan as agreed. Borrower Is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such Insurance in force from time to lima, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage Insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of fonds that the mortgage insurer may have available (which may Include funds obtained from Mortgage insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, PENNSYLVANIASinglo Psmtly-Fantle MadFreddle Mac UNIFORM INSTRUMENT Idu 347.32 Pogo 7 of 13 Form 3039 IM BK 19 9 3 PG 0.4'01- any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be eharecterizad as) a portion of Borrower's payments for Mortgage Insurance, In exchange for sharing or modifying the mortgage Insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the Insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insaranc% or any other terms of the Loan. Sack agreements will not increase the amount Borrower wig owe fur Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any inch agreements will not offset the rights Borrower has - if any - with respect to the Mortgage 7aearanee under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain caacallis ton of the Mortgage Insurance, to have the 11ilorlgage Insurance terminated aatomaticagy, andiar to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such eancolilittbn or termination. 11. Amigomalt of Mtseallaneow Proceeds; Borikiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property Is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration In a single disbursement or In a series of progress payments as the work is completed. Unless an agreement is made In writing or Applicable Law requires Interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not than due, with the excess, if any, paid to Borrower, Such Miscellaneous Prooaeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss In value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property Immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured Immediately before the partial taking, destruction, or loss in value divided by (b) the iklr market value of the -Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property In which the fair market value of the Property Immediately before the partial taking, destruction, or loss in value is less than the amount of the sums scoured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lander otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instruhent, whether or not then due. "Oliposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default If any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest PENNSYLVANIA-Shipja Famay-Faaota Maw7reddic she UNIFORM INMUMENr as i 347.32 Page s or 13 Faro 30391101 ov-I99-3QG0?402 137318599 in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forrelture of the Property or other material impairment of Lender's interest in the Property or rights under thIs Security instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason or any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successers and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shell be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"}: (a) Is co-signing this Security instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terns of this Security instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (e) agrees that Lender and any other Borrower can agree to extend, modify, Ibrbear or make any accommodations with regard to the terms of this Security instrument or the Note without the co-signer's consent. Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations end liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lander. 14. Lean Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, Womeys' fees, property inspection and valuation fees. In regard to ally other fees, the absence of express authority In this Security instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law Is finally interpreted so that the interest or other loan charges collected or to be collected In connection with the Loan exceed the permitted limits, then, (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such retbnd made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender In connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be doomed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address If sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless nMsYLYANu.slnale Pamaydhaote ModFre"Ic Mae UN160RM Wa7At1MEW 349.32 Page 9 of 13 Fore 30391/01 B4{ { 993PG0403 . , , 132328359 Borrower has designated a substitute notice address by notice to Lander. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. Them may be only one designated notice address under this Security instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lander has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Lowl Severabllltyl Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security instrument are subject to any requirements and limitations of Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract in the event that any provision or clause of this Security instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security instrument or the Note which corn be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument, 18, Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section Is, "Interest In the Property" means any legal or beneficial Interest in the Property, including, but not limited to, those beneficial interests transferred In a bond for dead, contract for deed, installment sales contract or escrow agreement, the intent of which Is the transfer of title by Borrower at a future date to a purchaser. If ell or any part of the Property or any Interest in the Property Is sold or transfbrred (or If Borrower is not a natural person and a beneficial interest in Borrower is sold or trensfltrrad) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lander exercises this option, Lander shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the data the notice is given in accordance with Section Is within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate Attu Acceleration. If Borrower meats certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions an that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses Incurred In enforcing this Security Instrument, including, but not limited to, reasonable attorneys' feca, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument; and (d) takes such action as Lander may reasonably require to assure that Lender's Interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forts, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal PENNMVANtMSingie Family-Fseata MadFreddte Mae UMFORM DWMUMENT ev 347.32 pogo io of 13 Form 30391/01 BK t 993P60404 . . . J 13231ess9 agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully efPbctive as If no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 111. 211, Sale of Note; Change of Loan Servicer! Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security instrument and performs other mortgage loan servicing obligations under the Note, this Security instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the now Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan Is serviced by a Loan Servicer other than the purchaser of the Now, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transfbrred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member ora class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security instrument, until such Borrower or Lender has notified the other parry (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time patiod will be deemed to be reasonable for purposes of this paregreph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 2L Harardoar Substances. As used in this Section 21: (e) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Clanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone also to do, anything affecting the Property (a) that is In violation of airy Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, Including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (a) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or Is notified by any governmental or regulatory authority, or any private party, that any removal or other remedlation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PBNNSYWAMA-single FomilyFeaak MadFreddta Mae UNIFORM 1NSTRUMEW ?PD 347.32 Pogo ii or 13 Form 3039 ON 6K! 993PG0405 j . , f 132326353 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower'a breach of any earesant or agremut In this Security Iwtrument (but net prior to acceleration under Section 18 unless Applicable Law provides otberwlne Lender shall notily Borrower o; among other things- (a) the default; (b) the action required to can the default; (c) when the default must be cured; and (d) that khre to cuts the default as speeltied may remit In acceleration of the Bums secured by this SecnrIty Iastrmneat, foreclosure by judicial proceeding and sale of the Prspert14 Lender shall further iabror Borrower of the tight to reinstate after acceleration and the right to sesert In the breclosure proceeding the noamdstence of a default or any ether defuse of Borrower to acceleration and foreclosure H the default is not cured as specified, Lender at its option may require Immediate payment In lull of all sums moored by this Security Instrument without lumber demand and may fsmlose this Security Instrument by judicial proceeding. Lender sbaS be utided to collect an expenses incurred In punning the remedies provided In this Seedon 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costa. Lender may charge Borrower a fee for releasing this Security Instrument, lint only if the fee Is paid to a third party for services rendered and the charging of the &a is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to onfl rco this Security Instrument, and hereby waives the benefit of any present or filture laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 23. Reinstatement Period. Borrower's time to reinstate provided In Section 19 shall extend to one hour prior to the commencement of bidding at it sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Macy 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. 29. Interact 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Security Instrument and in any Rider executed by Borrower and recorded with it, - BORROWER - MMTRIC8 MILLER - DATE - PENNIMVAIWA-Single Family-Fannie Mae/Freddie Mae UN-FORM INSTRUMENT 020 34732 Page 12 of 13 Form 30391/01 BK t 9 9.3 FIG 0 40 6 132328sss [Space Below This Line For Acknowiodgment STATE OF PBM 48YLVANIA COUNTY OF YORK / the On this the 8TH day of NAY, 2007, bofom me, 111117 undersigned officer, personally appeared BSATRICs 1lIL x, A SZNGLB WOKM, It" to me (or satisfactorily proven) to be the peraonN whose name subscribed the within Instrument and acknowledged th"i5y ey executed the aama for d purpo therein op red. In witness whoroof, I hereunto set my hand and official sea]. ub c NOTARIAL SEAL My Commission Bxpires: EMILIA L. ALIAGA Notory Public TOWNSHIP OF SPRING GARDEN YORK COUNTY My Commission Expires Jon 29, 2008 CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within named ].ender is 2611 TSCHNOLOGY DR=, ORLANDO, FL 32804 witness my hand this STE day of MAY, 2007. I jj? - Age of der , PF.NNSYLVArM.Singla Family-Fannie MaNFraddia Moe UNIFORM U49MVMENT e5> 34732 Page 13 of 13 Form 30391/01 BK.1. 99 a-FIG 0 4 07 L?• ,t M a ALL that certain lot of ground situate In Monroe Township, Cumberland County, Pennsylvania, bounded and described in accordance with the plan showing property of Kenneth E. Bricker, Jr., prepared by Act I Engineering a}.id `aeted November 29, 1988, as follows: a °'w F BEGINNING at a point along the center line of Williams Grove Road (L.R. 21027), at a point along lands now or formerly of Delbert G. Fureman; thence along said lands and through the center of a partition wall North thirty-seven (37) degrees thirty (30) minutes zero (00) seconds West a distance of one hundred ninety-eight ? 198) feet to a point along the South side of an alley; thence along said alley North fifty-two (52) degrees thirty 30) minutes zero (00) seconds East a distance of twenty (20) feet to a point along lands now or formerly of Wilber E. Firestone; thence along said lands South thirty-seven (37) degrees thirty (30) minutes zero (00) seconds East a distance of one hundred ninety-eight (198) feet to a point along the center line of Williams Grove Road (L.R, 21027); thence along said center line South fifty-two 52) degrees thirty (30) minutes zero (00) seconds West a distance of twenty (20) feet to the PLACE OF BEGINNING. HAVING thereon erected the East half of a double frame dwelling house. UNDER AND SUBJECT, NEVERTHELESS, to all applicable zoning, sewer, subdivision, and other pednent laws and ordinances and to conditions, restrictions, easements and rights-of-way of record or apparent upon the premises; provided, however, that the foregoing wording of this paragraph shall not reinstate or recreate any previously effective but now terminated or ineffective conditions, restrictions, easements or rights-of-way or create new ones. For Identification purposes only, being known as Parcel No. 22-12-0350-012 in the Office of the York County Tax Assessor. BEING the same premises which William H. Bopp and Katherine N. Porr-Bopp a/k/a Katherine N. Bopp, his wife by deed dated October 11, 2006 and recorded November 2, 2006 in York County in Deed Book 277, Page 2952, granted and conveyed unto Katherine N. Bopp, married person. BEING the same premises which Stacey L. Waltz, single person by deed dated October 31, 1996 and recorded November 21, 2001 in York County in Deed Book 249 at Page 1481, granted and conveyed unto William H. Bopp and Katherin N. Porr-Bopp a/ka/ Katherine N. Bopp, his wife. BEING the same premises which became vested in Beatrice Miller herein by deed of Katherine N. Bopp, dated and recorded contemporaneously herewith in the Office of the Recorder of Deeds in and for York County. Z Certify this to be recorded to Cumberla-ad County PA ?J,91??1 v rif Recorder of Deeds (C MF07-00152.PFDIC MF07-00152!19) ev 1 93PG,0408 Div r'? ^v (77 --1 a ? o 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07104 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS SERVIC VS MILLER BEATRICE R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MILLER BEATRICE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , MILLER BEATRICE 1634 WILLIAMS GROVE ROAD NOT FOUND , as to DILLSBURG, PA 17019 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge .....'-- -' _ So answer 18.00 ! 9.00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County 42.00 MCCABE WEISBERG CONWAY 01/12/2008 Sworn and Subscribed to before me this day of A. D. I ems ; LJy Q7 - ?-: C? ti"-i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS SERVIC VS MILLER BEATRICE R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MILLER BEATRICE but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On January 12th , 2009 , this office was in receipt of t attached return from YORK Sheriff's Costs: So answe:r§, -? Docketing 6.00 Out of County 9.00 ?- Surcharge 10.00 R. Thomas Klin Dep York County 44.06 Sheriff of Cumberland County Postage 1.34 70.40 01/12/2009 MCCABE WEISBERG CONWAY Sworn and subscribe to before me this day of A. D. Cy "- ? y ?rlrd w?i ,??F C-4 0 ( • s i V 0 PENNY PRESS OF YORK, INC. Ph (717) 8434078 Fax (717) 84&1360 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 s •? • ?I SERVICE CALL (717) 771-%01 SHERIFF SERVICE MTINICTU)" PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNE 1 THRU 12 OQ NOT DETAON ANY CCU 1 PLAINTIFF/S/ Countrywide Hone Loans Servicing LP 2 COURT NUMBER 3 DEFENDANT/S/ Beatrice Miller 4. TYPE OF WRIT OR COMPLAINTCIMF Notice & Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO-SE-LEVIED, ATTACHED, OR SOLD Beatrice Miller 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO, CITY, BORO, T1NP . STATE AND ZIP CODE) AT 9478 Carlisle Road apt 1 Dillsburg, PA 17019 7. INDICATE SERVICE O PERSONAL O PERSON IN CHARGE XX DEPUTIZE CE T IL L3 1 ST CLASS MAIL O POSTED 0 OTHER NOW Der-r?mtip-r 15 20 OR I, SHERIFF OF COUNTY, PA, o hereby depu iz .the sheriff of York COUNTY to execute t ake r urn girding to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF 10 OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE F CO SLINI'lDeriLCIM Please mail return of service to Cumberland County Sheriff. Thank you. At3V FEE PAID BY CUMBERLAND CO SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchmen. in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE `I'FRRENCE J. MCCABE, ESQ. 10. TELEPHONE NUMBER 11. DATE FILED 123 SOUTH BROAD ST., STE. 2080, PHILA, PA 19109 15-790-1010 12-3-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed 0 notice is to be mailed). CUMBERLAND CO SHERIFF SPACE OW FOR USE OF TW SHERff y- oo OPT V "W Lft 13. 1 admowbdge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. MJ MCGILL YCSO 112-18-08 1-7-AG 16. HOW SERVED: PERSONA RESIDENCt* POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 0 I hereby certify and return a NOT FOUN because I am unable to locate the individual, company, etc. named above. (See remarks below.) a/qtw AND I IDUA T71DDgESS HE 9?+ T SHOWN AOOVE ela?on p to M) 19. Oa of ice 20. Time of Service ( 1`Gj i dc.? tier 1l:v S: c P )LA 21. ATTE Mi Int. Date Time Miles Int. Date Time Mies Int. Date Time M' Int. Date Time Miles Int. Date Time Miles Int. 22 23. Advance costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 26. Sub Total 11 29. Pound 30 Notary 31. Surc g. 32. Tot. Costs 33 Costs Due ekxW Check No. 100.00 1 MA .60 1• e .06 ii Co U. ForNya County costs 35. Advance Costs 36. Service Costs 37. Notary deft. 38. Mileage/PostagdNot Found 39+ otal Costs 40. Costs Du or Refund SO ANSWERS 41. AFFIRMED and subs``c.rTibl?eed to me this 42+ day of NYC9Pb M Signature a?? to t 45. DATE (40y, NOTARIAL SEAL 46 county sherm Q ' 47. GATE LISA L. BOWMAN, NOTARY PUBLIC RICHARD P KEUE FF I ?- 1-7-09 YORK COUNTY CITY OF YORK . , , 2009 12 MY COMMISSION EXPIRES AUG I 48. Signature of Foreign 49 DATE , . County Sheriff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans, Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. Plaintiff V. Beatrice Miller Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS _4 c= -?7 s -0 Number 08-7104 c is ?a . 57> 3 t ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 11/27/08 to 09/08/10 Total $ 97,748.66 $ 10,064.46 $ 107,813.12 C TERRENCE J. McCABE, ESQUIRE / MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this ? day of Sa(!t1„SQ/1 2010, Judgment is entered in favor of Plaintiff, BAC Home Loans, Servicing, L.P. Wa Countrywide Home Loans Servicing, L.P., and against Defendant, Beatrice Miller, and damages are assessed in the amount of $107,813.12, plus interest and costs. BY MT6)1.60 Pd- _9y cx? ?ao?a2 a jW o03 /voI -e Melia, McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans, Servicing, L.P. fWa Countrywide Home Loans Servicing, L.P. Plaintiff V. Beatrice Miller Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-7104 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Beatrice Miller, is 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; and that the Defendant, Beatrice Miller, is over eighteen (18) years of age, and reside as follows: Beatrice Miller 1634 Williams Grove Road Apt 1 Dillsburg, Pennsylvania 17019 SWORN AND SUBSCRIBED BEFORE ME THIS -8th- DAY OF September__?,?010 V IIOTARIAL SEAL WTTANY N MCRAE Notary PuDNc lwlRPROMENCE TWP, MONT80MERY CNW y Commission Expos Aug 27, 2012 C 4PA TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans, Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. Plaintiff V. Beatrice Miller Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-7104 CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS _8th_ DAY OF September__,2QI0 NIWAK UK ?ITTNNI?N &ICPAE public PW40wE TWPP M0NTWKRY MY Commleslon Expires Aug 27.2012 TERRENCE J. McCABE, SQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. r TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff rv. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary August 25, 2010 To: Beatrice Miller 9478 Carlisle Road Apt 1 Dillsburg, Pennsylvania 17019 Countrywide I•Iome Loans Servicin?„L.P. Cumberland County VS. Court of Common Pleas Beatrice Miller Number 08-7104 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO rM'BR 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUTA HEARINGAND 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 MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA FN ESTADO DE REBELDIA FOR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO FOR ESCRITO CON ESTE TRIBUNAL SUS DEFENSES U OBJECIONES A LOS RECLAMOS FORMUL.ADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA,DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONF.A LA OFICINA ERPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AOENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisl Sylvania 17013 (8 990-9'08 BY: /?- - - Attorneys for Plain TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE adf OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Beatrice Miller 1634 Williams Grove Road Apt 1 Dillsburg, Pennsylvania 17019 BAC Home Loans, Servicing, L.P. fik/a Countrywide Home Loans Servicing, L.P. Plaintiff V. Beatrice Miller Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-7104 NOTICE Pursuant to Pule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. 7??) rothonotary X Judgment by Default - Money Judgment Judgment in Replevin - Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg, and Conway, P.C. at (215) 790-1010. N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION ' FILE NO.: 08-7104 Civil Term ome Loans Servicing L. P. f/k/a Countrywide ~.y~ '``- Loans Servicing, L.P. AMOUNT DUE: $107,813.12 INTEREST: from 09/09/10 to 03/02/11 ''~-~~ ~~ ~ r~`-~ Beatrice Miller $3,101.00 at $17.72 " ~ --u " °~ ATTY'S COMM.: ° ~`~ `'"~ '~`~"~ COSTS: '`' e~ r ~' ..` ~~-~ ` ,..~ y'~ :` ->.~~ c-r ~r~ TO THE PROTHONOTARY OF SAID COURT: .~~ ;o ra.-~ The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account ~`'` based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 1634 Williams Grove Road. Dillsbur~ Pennsylvania 17019 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: September 27. 2010 5 *a~•.op PD ATT'y ?0•~f0 ~, ~. ~ n (~'.00 •• a, ~ ., d31.4D - P~ A-rr1 Signature: Print Name: CCABE EISBERG AND CONWAY Address:123 S. Broad treet Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: X215) 790 1010 Supreme Court ID No. • 50 t.t. c3.~Ya14la8 ~*a~a7~ ~~~ 1~ ~ ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. Plaintiff V. Beatrice Miller Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS ~ ,..., NO: 08-7104 AFFIDAVIT PURSUANT TO RULE 3129 :° p~~ ~.~ r~ ~~~; ~~ tL' ` ~,, ~~ ~y ~ e.~. ~' -aa ^<: ,.., 4.-%~ ~~,~ ~~ ..., °a ~~? E`J The undersigned, attorney for 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: 1634 Williams Grove Road, Dillsburg, Pennsylvania 17019, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address Beatrice Miller 1634 Williams Grove Road Dillsburg, Pennsylvania 17019 2. Name and address of Defendant in the judgment: Name Address Beatrice Miller 1634 Williams Grove Road, Apt 1 Dillsburg, Pennsylvania 17019 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Address 4. Name and address of the last recorded holder of every mortgage of record: Name Address t'~ -~ ~~ r~ .._ -~; m- e ,. ~ ~...~ -,_.~ W Y-'~1 <~ ' ~°t ~~ ;:J -<: Plaintiff herein .. 5 6 7 MERS, Inc. P.O. Box 2026 Flint ,Michigan 48501 Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 1634 Williams Grove Road Dillsburg, Pennsylvania 17019 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States U.S. Dept. of Justice Name and address of Attorney of record: Name None Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept. of Justice, Rm. 5111 Main Justice Bldg., 10th & Constitution Ave. N.W. Washington, DC 20530 10th & Constitution Ave. N.W., Rm. 4400 Washington, DC 20530 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September 27, 2010 DATE T EN J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff .. . LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE PLAN SHOWING PROPERTY OF KENNETH E. BRICKER, JR., PREPARED BY ACT I ENGINEERING AND DATED NOVEMBER 29, 1988, AS FOLLOWS: BEGINNING AT A POINT ALONG THE CENTER LINE OF WILLIAMS GROVE ROAD (L.R. 21027), AT A POINT ALONG LANDS NOW OR FORMERLY OF DELBERT G. FUREMAN; THENCE ALONG SAID LANDS AND THROUGH-THE CENTER OF A PARTITION WALL NORTH 37 DEGREES 30 MINUTES 00 SECONDS WEST A DISTANCE OF ONE HUNDRED NINETY-EIGHT (198) FEET TO A POINT ALONG THE SOUTH SIDE OF AN ALLEY; THENCE ALONG SAID ALLEY NORTH 52 DEGREES 30 MINUTES 00 SECONDS EAST, A DISTANCE OF TWENTY (20) FEET TO A POINT ALONG LANDS NOW OR FORMERLY OF WILBERT E. FIRESTONE; THENCE ALONG SAID LANDS SOUTH 37 DEGREES 30 MINUTES 00 SECONDS EAST A DISTANCE OF ONE HUNDRED NINETY-EIGHT (198) FEET TO A POINT ALONG THE CENTER LINE OF WILLIAMS GROVE ROAD (L.R. 21027); THENCE ALONG SAID CENTER LINE SOUTH 52 DEGREES 30 MINUTES 00 SECONDS WEST. A DISTANCE OF TWENTY (20) FEET TO THE PLACE OF BEGINNING. RB5678 1634 Williams Grove Road, Dillsburg, Pennsylvania 17019. BEING the same premises which KATHERINE N. BOPP by deed dated May 7, 2007 and recorded May 22, 2007_ in the office of the Recorder in and for Cumberland County in Deed Book 280, Page 432, granted and conveyed to Beatrice Miller in fee. TAX MAP PARCEL NUMBER: 22-12-0350-012 ~~. V McCABE, WEIS$ERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2l5) 790-1010 CIVIL ACTION LAW BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. V. Beatrice Miller Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 08-7104 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ?`c: 3ct~trice Miller 1634 Williams Grove Road; Apt 1 llillsburg, Pennsylvania 17019 t'°'i ~ r~ ~~ ~r -4 ~ ^^; ~ %. -r~ i~ :~ c ~ r~ ~_ ' r- c~> `' ~:, ~ ~~ : r_i ~~ . -_ m5~ -:.~. :~ _ ~. 4'c:>i~; i~ause (real estate) at 1634 Williams Grove Road, Dillsburg, Pennsylvania 1y019 is scheduled to be rya'; .,t ;~hzriffs Sale on March 2, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor cat tl~e: Cumberland County Courthouse, 1 Courthouse Squaze, Carlisle, Pennsylvania 17013 to enforce the court ~,cfr;:,~t°pu of $107,813.12 obtained by BAC Home Loans, Servicing, L.P. f/k/a Countrywide Home Loans Servicing, ._ .'.:~~ao~~t you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE t' __ ~; e~ruut this Sheriffs Sale you must take imm@diate action: 1. The sale will be canceled if you pay to BAC Home Loans, Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. the back payments, late chazges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 the following notice 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 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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriffwithin thirty (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 schedule of distribution is wrong) are filed with the Sheriff within ten (Z O) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate 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, 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 HI1tE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 A ~.~ .. ..,... ,.. __. ~"""LEGAL`DESCRIPTION,,~:w.a...,~.~... ~ ..~.~.. ,:...,..-_ .~ ALL THAT' CERTAIN TRACT OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE PLAN SHOWING PROPERTY OF KENNETH E. BRICKER, JR., PREPARED BY ACT I ENGINEERING AND DATED NOVEMBER 29, 1988, AS FOLLOWS: BEGINNING AT A POINT ALONG THE CENTER LINE OF WILLIAMS GROVE ROAD (L.R. 21027), AT A POINT ALONG LANDS NOW OR FORMERLY OF DELBERT G. FUREMAN; THENCE ALONG SAID LANDS AND THROUGH THE CENTER OF A PARTITION WALL NORTH 37 DEGREES 30 MINUTES 00 SECONDS WEST A DISTANCE OF ONE HUNDRED NINETY-EIGHT (198) FEET TO A POINT ALONG THE SOUTH SIDE OF AN ALLEY; THENCE ALONG SAID ALLEY NORTH 52 DEGREES 30 MINUTES 00 SECONDS EAST', A DISTANCE OF TWENTY (20) FEET TO A POINT ALONG LANDS NOW OR FORMERLY OF WILBERT E. FIRESTONE; THENCE ALONG SAID LANDS SOUTH 37 DEGREES 30 MINUTES 00 SECONDS EAST A DISTANCE OF ONE HUNDRED NINETY-EIGHT (198) FEET TO A POINT ALONG THE CENTER LINE OF WILLIAMS GROVE ROAD (L.R. 21027); THENCE ALONG SAID CENTER LINE SOUTH 52 DEGREES 30 MINUTES 00 SECONDS WEST. A DISTANCE OF TWENTY (20) FEET TO THE PLACE OF BEGINNING. ~I3~678 1634 Williams Grove Road, Dillsburg, Pennsylvania 17019. ti1~I~<Ci the same premises which KATHERINE N. BOPP by deed dated May 7, 2007 and recorded May 22, 2007 in th': office of the Recorder in and for Cumberland County in Deed Book 280, Page 432, granted and conveyed to ~~?Natriae, Miller in fee. ~:: ~-lA~ F'.~1ZCELNUMBER:22-I2-0350-012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7104 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, L.P. f/k/a COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff (s) From BEATRICE MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $107,813.12 L.L.$.50 Interest from 9/9/10 to 3/2/11 at $17.72 -- $3,101.00 Atty's Comm % Due Prothy $2.00 Atty Paid $231.40 Other Costs Plaintiff Paid Date: 9/28/10 // J ~.`~a~1~.L.Q~I David D uell, Pro ono (Seal) By; Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: McCABE, WEISBERG AND CONWAY, P.C. 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 . `/ McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans, Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P Plaintiff V. Beatrice Miller Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-7104 AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 zrn d i W ZCn Z, ?> 11 r.??ry v c... i cn N C w+ The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 30th day of December, 2010, a true and correct copy of the Notice of Sheriff s Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS _3-d DAY OF T(z_no a(- , 2011 NOTAR PUBLIC COMM NWEALTH OF PENN'SYLVA"4kli NOTARIAL SEAL i?egan C. Nolucci -Notary Public City d Philadelphia, Philadelphia County MY COMY'SSION EXPIRES JAN. 06, 2014 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff By: 2kze? - TERRENCE McCABE, ESQUIRE - ID # 16496 MARC S. W ISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans, Servicing, L.P. fWa Countrywide Home Loans Servicing, L.P. Plaintiff V. Beatrice Miller Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 08-7104 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 1634 Williams Grove Road, Dillsburg, Pennsylvania 17019, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Beatrice Miller 1634 Williams Grove Road Dillsburg, Pennsylvania 17019 2. Name and address of Defendant in the judgment: Name Address Beatrice Miller 1634 Williams Grove Road, Apt 1 Dillsburg, Pennsylvania 17019 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5 6 MERS, Inc. P.O. Box 2026 Flint, Michigan 48501 Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Address 1634 Williams Grove Road Dillsburg, Pennsylvania 17019 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States U.S. Dept. of Justice Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 950 Pennsylvania Avenue NW Room 4400 Washington, DC 20530-0001 Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. December 30, 2010 Attorneys for Plaintiff DATE all By: M'c TE NCE McCABE, ESQUIRE MARC S. W ISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans, Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. COURT OF COMMON PLEAS Plaintiff V. Beatrice Miller Defendant DATE: December 30, 2010 TO: ALL PARTIES IN INTEREST AND CLAIMANTS CUMBERLAND COUNTY Number 08-7104 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Beatrice Miller PROPERTY: 1634 Williams Grove Road, Dillsburg, Pennsylvania 17019 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 2, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. ' ' ?0 ?1 !!i A W N a P + WHOM sin w ro ? r?,o ?a m bow a ?+ Q i y H C'- C.yO rD ?snyg fl, x? °ga CCD b r A ?J 7Q Ai vz??n . j w ?p o x aoob y c I O x og??p y 'v (D Co xv??ro? y ?D o ? ?o?n?-?n C' S c o ° axbwv?: ao c ee o o?y eo ?b Cal ooooo? mdnn? -j •p CD Z c M O o ? y'pp l7? .. c? h o a o Zv; W?' ? ° ce ?v? c? C n N ° + ?O Cb c x o w CO vwi c x Q? co ? OO c ut ?N„7° o • or• ? SO c O ve x o 3 o , Gy UO p n ? CD- SUQ Q7? r .1 N ' 00(?? c 00? 17A?"O A7? , n.+, .S fD N --? QQ ^'? 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RflR O O C da Op ?yd ? ? ??0 " S H ?1 O O b N" S Y N n S? ?+? il 3 ? r a M ? Y C D W y ??? O Y A O Y:D ?(n n. G B WO A > eC A A S O R O ?R m OVA R A 't ?G O G n C d? JNa <?. ?C ?O A z C2 ? ? O z ?C??O N O A OQ ?, R? O . A fA f 'A OQ O ? K W ? O Fr N+ C A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans, Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. Plaintiff V. Beatrice Miller Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-7104 MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 c.? -1 CD co Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Beatrice Miller, at his/her last-known address of 1634 Williams Grove, Apartment 1, Dillsburg, Pennsylvania 17019. The process server was notable to serve the Defendant because he was unable to locate the Defendant. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B". 3. As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged premises. 4. No judge has ruled upon any other issue in this matter or in any related matter. 5. No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 6. If service cannot be made on the Defendant, Beatrice Miller, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Notice of Sheriffs Sale of Real Property, and all other subsequent pleadings that require personal service, and the Notice of Sheriffs Sale upon the Defendant Beatrice Miller, by regular mail; certified mail, return receipt requested; and by posting at the last-known address of Defendant and the mortgaged premises known in this herein action as 1634 Williams Grove Road, Dillsburg, Pennsylvania 17019. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans, Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. Plaintiff V. Beatrice Miller Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-7104 MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. TERRENCE J. Mc A E, ESQUIR MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans, Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. Plaintiff V. Beatrice Miller Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-7104 CERTIFICATION OF SERVICE 1, the undersigned attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 16th day of February, 2011, upon the following: Beatrice Miller 1634 Williams Grove, Apartment 1 Dillsburg, Pennsylvania 17019 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of this jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRE CE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff EXHIBIT A 31? s01 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ? Sleolf v0u?t11, clinjol", Jody S Smith Chief Deputy: Richard W Stewart Solicitor OFF iCE t: F TKE. {EkWr BAC s Home Loans Servicing, L.P. Case Number v. Beatrice Miller 2008-7104 SHERIFF'S RETURN OF SERVICE 01/20/2011 02:50 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1634 Williams Grove Road, Apt 1, Dillsburg, PA 17019, Cumberland County. 01/20/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Beatrice Miller, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 1634 Williams Grove Road, Dillsburg, PA 17019, defendant still receives mail at address stated per the post office, however property is vacant. SHERIFF COST $898.94 January 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF EXHIBIT B Attorney Outsourcing Support Services, Inc. Suite 2040 123 S. Broad Street Philadelphia, PA 19109 (215) 790-5964 FAX (215) 320-5770 AFFIDAVIT OF GOOD FAITH INVESTIGATION SUBJECT OF INVESTIGATION: Beatrice Miller CLIENT: McCabe, Weisberg and Conway, P.C. FILE #: 38509 MATTER #: 234-1979 AOSS FILE#: 11-1541 SUBJECT'S LAST-KNOWN ADDRESS: 1634 Williams Grove Road, Apt 1, Dillsburg, PA 17019 I, Oscar Dungan , being duly sworn according to law, depose and say that Attorney Outsourcing Support Services, Inc. completed a good faith investigation into the whereabouts of the above-named subject and the extent of the investigation and the results are as follows: 1. INQUIRY OF POSTAL AUTHORITY: Postal Authority stated that the subject's address is at 1634 Williams Grove Rd., Dillsburg, PA 17019. Page 2 Investigation of Beatrice Miller continued: (subject name) 2. INQUIRY OF LOCAL TELEPHONE COMPANY; Directory Assistance: There is an unlisted number for the subject at the above stated last-known address. 3. INTERNET SEARCH: Search shows no change of address for the subject. 4. DEATH RECORDS: Social Security has no death record for the subject. 5. LOCAL TAX RECORD INQUIRY: Tax bill is mailed to the subject at the above stated last-known address. 6. INQUIRY OF COUNTY VOTER REGISTRATION: After inquiry, I was unable to confirm a listing with the County Voters Registration Office for this subject. Page 3 Investigation of Beatrice Miller continued: (subject name) 7. INQUIRY OF NEIGHBORS: I was unable to identify any neighbors who could verify any further information. The information set forth in this Affidavit of to the best of my knowledge, information, and belief. BY: NAME: Oscar Dungan Print is true and correct TITLE: Location Specialist DATE: A //'5 / / i 7 f Notary Public: Sworn to and subscribed befoZne his .? day of 2011 "CIMMONWEALTN OF PENN Y YANIA FNf OTARIAL SEAL bara J. Moyer- Notary Public Philadelphia, Philadelphia County OMMISSION EXPIRES JAN. 12, 2001 4 Postmaster Date February 1, 2011 Dillsburg, PA 17019 City, State, ZIP Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Beatrice Miller Address: 1634 Williams Grove Road, Ag-1•;-1)illsburg, PA 17019 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g. process server, attorney, party representing himself): attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or party ev acting pro se - except a corporation acting pro se must cite statute): Not applicable. Requester is an attorn 3. The names of all known parties to the litigation: v. Beatrice Miller 4. The court in which the case has been or will be heard: CUMBERLAND. PA 5. The docket or other identifying number if one has been issued: NO: 6. The capacity, in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). PLEASE PROVIDE THE CORRECT ADDRESS FOR THE DEFENDANT. Artilhat AprI is true and that the address information is needed and will be used solely for le with actual or prospective litigation. 123 S. Broad Street, Suite 2050 Signature Address Oscar Dungan, AOSS Philadelphia, PA 19109 Printed Name City, State, ZIP Code FOR POST OFFICE USE ONLY NEW ADDRESS or BOXHOLDER'S NAME and No change of address order on file. PHYSICAL STREET ADDRESS Not known at address given. Moved, left no forwarding address. d No such address. ?c /70 Good As Addressed i cn 23 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans, Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. Plaintiff V. Beatrice Miller Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-7104 ORDER I'd AND NOW, this ;'P? day of '???llt47 , 2011, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Beatrice Miller, by regular mail and by certified mail, return receipt requested, to his/her last known address of 1634 Williams Grove, Apartment 1, Dillsburg, Pennsylvania 17019 and by posting the mortgaged premises of 1634 Williams Grove Road, Dillsburg, Pennsylvania 17019. BY THE COURT: J. Marc, S. Oe,;sbcrS, F? Copy ma Jed a Jai/11 4K? --a M -0 7 { j y _ ` L ? S McCABE, WEISBERG AND CONWAY, P.C. BY: TE ENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MAR S. WEISBERG, ESQUIRE - ID # 17616 EDW RD D. CONWAY, ESQUIRE - ID # 34687 MAR ARET GAIRO, ESQUIRE - ID # 34419 FRA K DUBIN, ESQUIRE - ID # 19280 BONN IE DAHL, ESQUIRE - ID # 79294 e? _ _ AND W L. MARKOWITZ, ESQUIRE - ID # 28009 ° 123 South road Street, Suite 2080 Philadelph' , Pennsylvania 19109 r") 215 790-1 010 u BAC Hom e Loans, Servicing, L.P. f/k/a Country-A ide Home Loans Servicing, L.P. COURT OF COMMON PLEAS c:: CUMBERLAND COUNTY _ > Plaintiff `-- r ON V. No. 08-7104 Beatrice filler Defendant AFFIDAVIT OF SERVICE TH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: true and SS. unsigned attorney, being duly sworn according to law, deposes and says that the following is to the best of his knowledge and belief. That he is counsel for the above-named Plaintiff; 1. That on March 3, 2011, per the attached Court Order, Plaintiff served a true and correct 2. copy of th? Notice of Sheriffs Sale of Real Property upon the Defendants, Beatrice Miller, by regular mail and bt certified mail, return receipt requested, addressed to 1634 Williams Grove, Apartment 1, Dillsburg, ?A 17019. True and correct copies of the letter, certified return receipt and certificate of mailing, aro attached hereto, made a part hereof, and marked as Exhibit "A " 3. I That on March 9, 2011 in accordance with the attached Court Order, per Plaintiff's n the York County Sheriff's Office, Plaintiff served a true and correct copy of the Notice of Sheriffs Sole of Real Property upon the Defendants, Beatrice Miller, by posting the same at the premises known as 1634 Williams Grove Road, Dillsburg, PA 17019. SWO AND SUBSCRIBED BEFORE, ME THIS 20th DAY OF APRIL. 2011 OTARY PUBLI Barbara J. S ?'? L CitY Of Philadela'Phi Philadelphia CpLblic ounty MY COMMISSION EXPIRES JAN. 12, 2014 BY. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE HEIDI R. SPIVAK, ESQUIRE MCCA?BE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Phila elphia, Pennsylvania 19109 GFW OR 36S009 Attorneys for Plaintiff B" 'Horne Loans, Servicing, L.P. f/k/a Countrywide Cumberland County Horn Loans Servicing, L.P. Court of Common Pleas Plaintiff V, Miller Defendant Number 08-7104 ORDER 4 rr AND NOW, this aa"day of F-??0AP"y , 2011, the Plaintiff is granted leave to serve process in this mortgag foreclosure action upon the Defendant, Beatrice Miller, by regular mail and by certified mail, return receipt r nested, to his/her last known address of 1634 Williams Grove, Apartment 1, Dillsburg, Pennsylvania 17019 an by posting the mortgaged premises of 1634 Williams Grove Road, Dillsburg, Pennsylvania 17019. BY THE COURT: J. /r- 14i ? xniBi TERRENCE J. McC E'•• MARC S. WEISBER .a EDWARD D. CONW Y MARGARET GAIRO LISA L. WALLACE+ DEBORAH K. C t. LAURA H.G. O'SUL IVAN±, GAYL C. SPIVAK"= FRANK DUBIN ••° ANDREW L. MARK WITZ HEIDI R. SPIVAK* SCOTT TAGGART* MARISA COHEN* KATHERINE SANTA GINI- JASON BROOKSt FAITH MIROS <• ERIN BRADY •• KEVIN T MCQUAIL RABIHAH SCOTT .. ALEXANDRA T. GAR CIA* CORRIN DEMENT' ABBY K. MOYNIHAN CATHLEEN WELKER ' See wrw.mwc-law wm for licemik key Beatrice Miller 1634 Will ams Grove Road, Apt 1 Dillsburg, Pennsylvania 17019 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 March 3, 2011 Re: AC Home Loans, Servicing, L.P. f/k/a Countrywide Home Loans Servicinv, L.P. vs. eatrice Miller umberland County; No. 08-7104 remises: 1634 Williams Grove Road, Dillsburg, Pennsylvania 17019 Dear Beatrice Miller: SUITE 303 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 499 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914)-636-8901 Also servicing Connecticut SUITE 100 8101 SANDY SPRING ROAD LAUREL, MD 20707 (301) 490-3361 FAX (301) 490- l 568 Also servicing the District of Columbia SUITE 201 4021 UNIVERSITY DRIVE FAIRFAX, VA 22030 (866) 656-0379 E closed is a Notice of Sheriffs Sale relative to the above-captioned matter. Very truly yours, Lauren Campbell, Legal Assistant TJM/lec McCabe, Weisberg and Conway, P.C. Enclosure SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7010 3090 0000 8765 5407 RETURN CEIPT REQUESTED This is a communication from a debt collector. This le ter may be an attempt to collect a debt and any information obtained will be used for that purpose. r 0 4 r! . 7 Ai m d .n J c?Ci' 4 €E aY ;E'?s?sg v 8 c o._ y 6 Fi ll R c V 0. F E$ c c J ? J Z N = ? ... ?... U N z r rr •? OGS r. .. • Q J E 0 E 7 N Ln C N c 4) v a, a o ? ' '? ,v - Obi v ti U 3 Ln r m a w = y M= 4 ° c ? ? 1:1 C3 ? 0 im a o' i cqs a y a `j C 6J a? vi v ..., ? F n: V: ' C O ? J Qr Co '1^ Q3 r C) b U ! O 1? C L cn ,__, C ? V'cC ? V Z ? E _ c a c a° C Y ,G L d r a F• .GC1 d Q O U O O N Oq 00 00 M 0 0 LL. J, r- O Ln Ln n: as U S ?" W (ti Postage $ co I C] Certified Fee O Return Receipt Fee Pownerk Here Q (Endorsement Requlred) Reatrioled D=B Fee Q (Endorsement Roqulrod) ir ? Total Postage & Fees ° . .... Na. .?1 _ M !r Y t_LI t u _ C?rCv . _?p L .1. PO, 140 1.01 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans Servicing, L.P. Plaintiff mul Attorneys for Pl. ff r r -?- C3 C-) CD -T1 v? -j FT: COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Beatrice Miller No. 08-7104 Defendant PRAECIPE FOR SUGGESTION OF NAME CHANGE TO THE PROTHONOTARY: Pursuant to Rule 2352(a) Pa.R.C.P., it is hereby suggested of record that Plaintiff's name has changed and is now known as BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P., and that the caption of the matter shall now be BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. v. Beatrice Miller. See attached certificate of filing. Plaintiff's counsel continues to represent the plaintiff in the case at bar. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff Entity M 587020 Date Filed: 04/29/2009 Pedro A. Cortds etarv of the Commonwealth fI PENNSYLVANIA DEPARTMENT OF STATE COP"RATION BU1tZtAU Certificate of Amewhixint of Registration-Foreign (15 pass. 8585) umited PanWWdAp ReShUred Limited Liability Parhrorship Rgftm red LhnW Usibiiity Company 9 l ee oeenneat we to rehrrasd b the soma" sd6tisyeasetw o M&" the lelt. 24c", Commmmith e= c'Y r75! s?n S2 (A FOREIGN - LUTEARTNERSH? PP AMENDMENT 3 Pa*s) Fee: S2S0 (nr awnpiience with the requirements of 15 PLIC S. 1858S (relating to amended wtifiate of registration), the undersigned, doeiring to etrarrp. the arranpmaut or other fads described in its application for rKietrstion as a foreign limited partnership, fw+eign registered limited liability partnership or a faraiSn lingled liibility, company hereby stain that: 1. The earns under which the assotisdon was registered (or last r*dwed) to do business in the Coromonweahh of Pennsylvania is: Countrywide Hors Locos Servicing LP 2. The (a) adrbvw of its initial registered office in this Commonwnith or (b) name of its cornnmvial registered office provider and the county of venue is: (a) Number and street city State Zip COMP Regi:taed Office Provider roCT Corpoodion System do- CT Corpoodim System 3. (Ilggi kwbk): TIw address of the registered office of the association in lids Conananwealtb is hereby ebansed to: (a) Number and street city state ZIP county (b) Name of Cornmeroiai Registered Office Provider c4urh' c/o: PAM - IMIMird C Ter.W.O.es 70110 ADD 'In nu n: ?-.+ DSCB:I54SS5-2 4. #'oppftc W. 7U association desires dot its retishstion be amended to chomp its mime to: BAC House Loans sarvidn& LP S. jf &*kcaW. 1% aaaocimion ds* a that its registration be amended as follows in order to reflect ararysrrsn- or other he4 dat low clam fled. TM awes ofda psaral partner hoes oba Sed b: BAC OP, LLC, loomed it 4500 Park Grande, Cdabeaas, CA 91303 IN I WI MONY WHEREOF, the wKb sidrad ha cawed this Cntftare of Areendniou of Waasdon to be sipred by a duly authorized ofllcer, camber or nwoW thereof this dsy of A it _ 2009 , Coup Mid- Horns Loom Savioi s LP ?_•?• ? 148m of Associadon Sipaturs BAC GP, LLCr GENERAL PARTNER BY DEVRA LINDGREN, ASSISTANT SECRETARY OF BANK OF AMERICAr NATIONAL ASSOCIATION ITS MANAGER rA0" - WHQWCT 1"M 0ir Docketing Statement (Changes) DSCB:I5-134B PAN 1 . e7UN C T rDawcow BUREAU USE ONLY: ? Revenue 0 Labor A Industry ? other Nile Code Piled Lkft learnt. CWMP ref reachJll . Cunad name of oft or reglatmot (xuvivor or nnv entity tjnmrgsr or cmo1MW1oq): caantrywMe Home Lotus Sarvicirts LP Entity aatnber, ifkww L 'IocorporatlondquaNticatlon dote in PA: 03/130006 State of Inc: fitctas 1 Federal BIN: 95-4797107 Specified affective dam ifany PWf M Okft :paper /ate !r Amendment (complete Section A) _ Merger. Consolidation or Division (complete Section R,C or D) - Consolidation (complete Section C) Division (complete Section D) _ Conversion (complett Section A & E) _ ComeWW (complete Section A) _.. Termination (oumplaw Section H) _ Revival (complete Section O) Dissolution before Commencement of Business (complete Section F) >< Section A - Check batc(es) which pertahr to charges: x Name: Name halged to RAC Horse Leona Servicing, LP Registered OlBee: Number dt savet" number dt box number City stole zip County _.._ Purpose: _ Stook (aggrague number of sbare audwrinod): _ EQeetive date: _ Team ofExisteucc: `Other. Seedoa B - Merger Complete Section A tfmy ehrirWn to atavtvlsg entity: Mergfng I:ed" are: (aawech $IWO /6r aaididonal 8 satitla) Name: .r , Entity *, It known: l3fietive dote: InoJgaW. date em PA. State of Ira. Name: Entity 0. if G;;..- Effective date: lncJquad. dale in PA. State of Inc. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans Servicing, L.P. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Beatrice Miller No. 08-7104 Defendant CERTIFICATION OF SERVICE The undersigned, attorney for the Plaintiff, hereby certifies that he/she served a true and correct copy of the foregoing Praecipe for Suggestion of Name Change by United States Mail, first class, postage prepaid, on the 26' day of April, 2011, upon the following: Beatrice Miller 1634 Williams Grove Road Dillsburg, PA 17019 1 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff