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Home My WebLink About09-3797r % UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ,LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 p1eadingseudren.com ATTORNEY FOR PLAINTIFF Taylor, Bean & Whitaker :COURT OF COMMON PLEAS Mortgage Corp. :CIVIL DIVISION 1417 North Magnolia Avenue Ocala, Fl 34475-9078 ;Cumberland Plaintiff V. Phyllis Klein a/k/a County Phyllis M. Klein (Last Record €N0. 0, 3W7 owner) 1287 Summit View Court New Cumberland, PA 17070 M Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE 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 I 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. r LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 a C I AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar 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 dafiende, la corte tomara medidas y puede continuar la demanda 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 provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 Y NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 I . 1 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: Taylor, Bean & Whitaker Mortgage Corp. Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: W MORTGAGED PREMISES: 1287 Summit View Court MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Allen Township COUNTY: Cumberland DATE EXECUTED: 02/01/2008 DATE RECORDED: 02/22/2008 INSTRUMENT NO.: 200805241 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said mortgage itemized below, shall be immediately due. P 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 05/30/09: Principal of debt due $149,765.66 Unpaid Interest at 6.3751 from 01/01/09 to 05/30/09 (the per diem interest accruing on this debt is $26.16 and that sum should be added each day after 05/30/09) 3,941.09 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $255.16 and that sum should be added on the first of each month after 05/30/09) (872.01) Late Charges (monthly late charge of $,37.73 should be added in accordance with the terms of the note each month after 05/30/09) 188.64 Attorneys Fees (anticipated and actual to 5% of principal) 7,488.28 TOTAL $161,116.66 7. The. attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specifieg by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been J 1 , sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $161,116.66 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN? P.C. BY: 1 Attorneys or Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE to 3 1i A" TW CERTA= tract of land situate in the Township of Lower Allen, county of Cumberland,. and Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGILVMG at a point at the northernmost corner of Lot No. 22 on the hereinafter described Final Development Plan; thence along said Limited Common Area No. 2 North 55 degrees 30 minutes 51 seconds East a distance of 24 feet to a point at corner of Lot No. VI-20 thence along Lot No. VI-20 South 34 degrees 23 minutes 56 seconds East a distance of B7.96 feet to a point ati, lands of Limited Common Area No. 2; thence along Limited Common Area Wo. 2 South 55 degrees 36 minutes 02 seconds West a distance of 24 feet to a point at corner of Lot No. 22; thence along Lot No. 22 North 34 degrees 23 minutes 58 seconds west a distance of 67.93 feet to a point at lands of Limited Common Area No. 2, said point being the place of BEGINNING. BZnTG Lot No. VI-21 of Beacon Hill Final Development Plan Phase VI, Amended, Village of Birchwood, prepared by H. Edward Black and Associates and recorded in Cumberland County Plan Book 70, Page 44. UNDER AND SUBJECT to a Declaration of Covenants and Restrictions roeordod in Cumberland dounty Miscellaneous Book 319, Pdye 556. AND UNDER AND SUBJECT to a Supplemental Declaration of Covenants and Restrictions recorded in Cumberland county miscellaneous Book 355, Page 18. AND UNDER AND SUBJECT to the By-Laws of Beacon Hill Community Association recorded in Cumberland County Miscellaneous Book 319, Page 225. , BEING the same premise which Ray Flanagan and Donna a. Flanagan, husband and wife, by Deed dated March 26, 2004 and recorded March 30, 2004 in the Office of the Recorder of Deeds, in and for,the county of Cumberland Deed Book No. 262 Page 1266, granted and conveyed unto Phyliis M. Klein (a.k.a. Phyllis M. Klein), single person and Joan J. Prologo, single person, in fee. TOGETM with all and singular the tenements, hereditaments and appurtenances to the same belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; AND ALSO all the estate, right, title, interest, property, claim and demand whatsoever, both in law and equity, of the said parties of the first part, of, in, to or out of the said premises, and every part and parcel thereof. Taylor, Bean & Whitaker Mortgage Corp. 1417 N Magnolia Ave Ocala, FL 34475-9078 f g _ 3 UA4Ap%F ( 7113 1953 0020 0080 0538 Ms Phyllis Klein 1284 Summitview Ct New Cumberland, PA 17070 Act 91 Notice Take Action To Save Your Home From Foreclosure March 31, 2009 Loan Number: 2211123 Property Address: 1284-Summitt View Ct Dear Ms Phyllis Klein This notice is sent to you in an attempt to collect the indebtedness referred to herein and any information obtained fronj you will be used for that purpose. If you have previously received a discharge in Bankruptcy, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The Homeowner's Mortgage Assistance Program (IEMAP) may be able to help save your home. This notice explains how the program works. To see if HEMAP can help, you must meet with a Consumer Credit Counseling Agency within thirty (30) days of the date of this notice. Take this notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call 1-717-780-1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency ipay be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion que antecede es de suma importancia y puede afectar el derecho a continuar viviendo en su casa. Si no comprende el contenido de la misma, obtenga una traduccion inmediatamente llamando sin costo alguno a (Pennsylvania Housing Finance Agency) al numero arriba indicado. Podrias ser elegible para un prestamo a traves del programa llamado "Homeowners Emergency Mortgage Assistance Program", el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. 1 11 Act 91 - Save Your Home From Foreclosure -Page 2- Statement of Policy: Homeowner's Name(s): Ms Phyllis Klein Property Address: 1284 Summitt View Ct New Cumberland, PA 17070 Loan Number: 2211123 Original Lender: Current Lender/Servicer: Taylor, Bean & Whitaker Mortgage Corp. Homeowner's Emergency Mortgage Assistance Program: You may be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage payments. If you comply with the provisions of the Homeowner's Emergency Mortgage Assistance Act of 1983 (The "Act"), you may be eligible for Emergency Mortgage Assistance. ¦ If default has been caused by circumstances beyond your control ¦ If a reasonable prospect of being able to pay the mortgage payments, and ¦ If you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency Temporary Stay of Foreclosure: Under the Act, you are entitled to a Temporary Stay of Foreclosure on your mortgage for thirty-three (33) days from the date of this notice. During that time you must arrange and attend a face-to-face meeting with one of the Consumer Credit Counseling Agencies listed at the end of this notice. This meeting must occur within the next thirty-three (33) days. If you do not apply for Emergency Mortgage Assistance, you must bring your mortgage account current. The part of this notice called "How To Cure Your Mortgage Default" explains how to bring your mortgage account current. Consumer Credit Counseline Agencies: If you meet with one of the Consumer Credit Counseling Agencies listed at the end of this notice, the lender may not take action against your for thirty (30) days after the date of this meeting. The names, address and telephone numbers of designated Consumer Credit Counseling Agencies for the County in which the property is located are set forth at the end of this notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. Application For Mortgage Assistance: Your mortgage is in default for the reasons set forth later in this notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program application with one of the designated Consumer Credit Counseling Agencies listed at the end of this notice. Only Consumer Credit Counseling Agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. Ddl(PA)v2.2s ,. Act 91 - Save Your Home From Foreclosure -Page 3- You must file your application promptly. If you fail to do so or if you do not follow the other time periods set forth in this notice, foreclosure may proceed against your home immediately and your application for Mortgage Assistance will be denied. Agency Action: Available funds for Emergency Mortgage Assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. Note: If you are currently protected by the filing of petition in Bankruptcy, the following part of this notice is for information purposes only and should not be considered as an attempt to collect the debt. (If you have filed Bankruptcy you can still apply for Emergency Mortgage Assistance) How To Cure Your Mortgage Default - Bring Your Account Current Nature of the Default: The mortgage debt held by the above lender on your property located at 1284 Summitt View Ct New Cumberland, PA 17070, is seriously in default because: • You have not made monthly mortgage payments for the following months and the following amounts are now past due. You are currently due for 02/01/2009. The amount requested below must be remitted within 33 days of the date of this letter. Monthly payments plus late charges accrued: $2,491.22 NSF: $.00 Other: $.00 (Suspense): $.00 Total Amount To Cure Default: $2,491.22 How To Cure The Default: You may cure the default within thirty-three (33) days of the date of this notice by paying the total amount past due to the lender, which is $2,491.22, plus any mortgage payments and late charges which become due during this thirty-three (33) day period. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Taylor, Bean & Whitaker Mortgage Corp. 1417 North Magnolia Avenue Ocala, FL 34475-9078 Attn: Foreclosure Department You can cure any other default by taking the following action within thirty-three (33) days of the date of this notice. Ddl(PA)v2.2s t 4r Act 91 - Save Your Home From Foreclosure -Page 4- If You Do Not Cure The Default: If you do not cure the default within thirty-three (33) days of the date of this notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within thirty-three (33) days, the lender also intends to instruct its attorney to start legal action to foreclose on your mortgage property. If The Mortgage Is Foreclosed Upon: The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount due to the lender, which may also include other reasonable costs. If you cure the default within the thirty-three (33) day period, you will not be required to pay attorney's fees. Other Lender Remedies: The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Right To Cure The Default Prior To Sheriffs Sale: If you have not cured the default within the thirty-three (33) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale q any up to one hour before the Sheriffs sale. You may do so by paying the total amount pasdue, plus any late or other charges due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs sale as specified in writing by. the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. Earliest Possible Sheriffs Sale Date: It is estimated that the earliest date that such a Sheriffs sale of the mortgage property could be held would be approximately six (6) months from the date of this notice. A notice of the actual date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. How To Contact The Lender: Taylor, Bean & Whitaker Mortgage Corp. 1417 North Magnolia Avenue Ocala, FL 34475-9078 Attn: Foreclosure Department 1-800-530-2602 Ddl(PA)v2.2s Act 91 - Save Your Home From Foreclosure -Page 5- Effect of Sheriffs Sale: You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s sale, a lawsuit to remove you and your furnishings and other possess ions could be started by the lender at any time. Assumption of Mortgage: You may or may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You may also have the right: ¦ To sell the property to obtain money to pay off the mortgage debt or to borrow money from another lending institution to pay off this debt. ¦ To have this default cured by any third party acting on your behalf. ¦ To have the Mortgage restored to the same position as if no default had occurred, if you cure the default. (However, you will not have the right to cure your default more than three (3) times in any calendar year). ¦ To assert the non-existence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. ¦ To assert any other defense you believe you may have to such action by the lender. ¦ To seek protection under the Federal Bankruptcy Law. A list of Consumer Credit Counseling Agencies serving your County is attached. If you would like to discuss options which may be available to assist you please contact Taylor, Bean & Whitaker's Loss Mitigation Department at 1-800-530-2602. Counselors are available Monday through Friday from 9:00 a.m. until 8:00 p.m. EST. You may also contact the National Foreclosure Prevention Hotline at 1-888-995-HOPE (4673). Sincerely, Default Management Taylor, Bean & Whitaker Mortgage Corp. Mailed by 1 st Class mail and Certified Mail Attachment: Counseling Agencies for your County r Ddl(PA)+2.2s V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. a UDR EN IC p. C. BY: Attorn or Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE /LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE P RLEC--a {CE OF THE FFr, Hnn.tt7 )kqy 2004 JUN-9 ASH 9:44 PENNS YLI!nFlu A nv '?? ?o any l?l#k ?sa59? Sheriffs Office of Cumberland County R Thomas Kline $"18'vp o[ cumbrr4t Edward L Schorpp Sher Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFCE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/10/2009 05:04 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that hmade a SHERIFF COST: $48.30 SO ANSWERS diligent search and inquiry for the within named defendant to wit: Phyllis Klein, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure asl not found as to the defendant Phyllis Klein. Matt Klein son of defendant, has advised the deputy that Phyllis Klein is deceased. June 11, 2009 2009-3797 Taylor, Bean & Whitaker V Phyllis Klein KLINE, SHERIFF N -?c}> ? "? - N UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 ADAM L. KAYES, ESQUIRE - ID #86408 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF pleadings*udren.com Taylor, Bean & Whitaker Mortgage Corp. =COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. € Cumberland County Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) € No. 09-3797' Defendants NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Taylor, Bean & Whitaker Mortgage Corp., through its counsel, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: `t (bq UDREN LAW OFFICES, P.C. By: 1 Louis A. Simoni, Esquire Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Taylor, Bean, & Whitaker Mortgage Corp. 09-3797 File No. Plaintiff v. Phyllis Klein a/k/a Phyllis M. Klein (Last Record • Owner) SUBPOENA TO PRODUCE DOCUMENTS OR THINGS Defendant FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:_ PA Department of Vital Records (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Death Certificate for Phyllis Klein at Woodcrest Corporate Center, 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TINS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME Loni e A Si mnni , FGanire ADDRESS:.Won,t cres-t Cnnr%,rgte Center 1II Weederest Read-,-?-jte-200, ti60 i `k SUPREME COURT ID 0 8 6 g ATTORNEY FOR: R 1 a i n t i f f Date: 'Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy or UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 ADAM L. KAYES, ESQUIRE - ID #86408 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadines(a-mdren.com Taylor, Bean & Whitaker Mortgage Corp. € COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff Cumberland County v. Phyllis Klein a/k/a Phyllis M. Klein (Last € No. 09-3797 Record Owner) Defendants CERTIFICATE OF SERVICE I, the undersigned Attorney, hereby certify that I served or caused to be served true and correct copies of Plaintiffs NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.21, upon the following person named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: July ? , 2009 TO: Phyllis Klein a/k/a Phyllis M. Klein 1284 Summit View Court New Cumberland, PA 17070 Defendant UD WOES, P.C. By. Louis A. Simoni, Esquire Attorneys for Plaintiff ED - ???Y 0= T 2e,09 JU' -8 All 10* 55 Sheriff s Office of Cumberland County R Thomas Kline Sheriff - ' ~ ~''~ ~~ it~,, ttt 4~'[,r.ra~~l ~j ., Ronny R Anderson ~'~ ~) '' ~ -. , Chief Deputy ~- ~ ~~ ~ ~ ~~' Jody S Smith ~ = Civil Process Sergeant ~ ,`'' ~ ~ ' Edward L Schorpp Solicitor Taylor Bean & Witaker Mortgage Corp. vs. Phyllis Klein Case Number 2009-3797 SHERIFF'S RETURN OF SERVICE 10/20/2009 07:11 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 1911 hours, he served a true copy of the within Amended Complaint in Mortgage Foreclosure Pursuant to Court Order, upon the within named defendant, to wit: Matthew L. Klein, by making known unto himself personally, at 1433 Maplewood Drive New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $73.90 SO ANSWER ~.~~ October 21, 2009 R THOMAS KLINE, SHERIFF / ~/~ By~j ~ Deputy Sheriff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: LOUIS A. SIMONI, ESQUIRE - ID #204869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings ,udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff CNIL DIVISION v, Cumberland County ~' ~ _, Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) -~ F ~ ~?f • : ~ --~ ~ r~ , Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a ~ ~ ~~~;~' Phyllis M. Klein (Last Record Owner) NO. 09-3797 Civil Teri _= _ '~`~ =r'. ~:-.' Defendants - ~ ~ ,~ -- ' = ; ,; PLAINTIFF'S REPLY TO DEFENDANT'S PRELIMINARY OBJECTI~T -- ~ ,.s ~~ ., -:. Ocwen Loan Servicing, LLC (the "Plaintiff') replies to Matthew L. Klein's (the "Defendant") preliminary objection to Plaintiff s Complaint in Mortgage Foreclosure, and says as follows: 1. Denied as a conclusion of law to which no response is necessary. Byway of further response, Defendant is the known heir to Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner), who was the originally named Defendant in this mortgage foreclosure action. Upon the death of Phyllis Klein, Plaintiff properly named Matthew L. Klein pursuant to Pa.R.C.P. 1144, as Mr. Klein is a known heir of Phyllis Klein. WHEREFORE, Plaintiff respectfully requests that Defendant's Preliminary Objection be overruled in their entirety with prejudice. UDREN LAW OFFICES, P.C. By: ~ Louis A. Simom, Esquire Attorney for Plaintiff VERIFICATION I, Louis A. Simoni, Esquire, hereby state that he is the attorney for the Plaintiff in this action, that he is authorized to make this Verification, and that the statements made in the foregoing Plaintiffs Reply to Defendants' Preliminary Objections are true and correct to the best of his knowledge information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: January '~ a , 2010 q Attorney for the Plaintiff UD CES, P.C. By: Louis A. imoni Es uire UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings ,udren.com Ocwen Loan Servicing, LLC =COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff '__ Cumberland County v. Phyllis Klein a/k/a Phyllis M. Klein (Last € NO. 09-3797 Civil Term. Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Defendants PLAINTIFF'S BRIEF IN SUPPORT OF IT'S REPLY TO DEFENDANT'S PRELIMINARY OBJECTION I. PROCEDURAL HISTORY On or about June 9, 2009, Taylor, Bean & Whitaker Mortgage Corp. filed a Complaint in Mortgage Foreclosure against Phyllis Klein a/k/a Phyllis M. Klein. On or about September 30, 2009, Taylor, Bean & Whitaker Mortgage Corp. filed an Amended Complaint to add Defendant, Matthew L. Klein as Known Heir of Phyllis Klien, a/k/a Phyllis M. Klein. On or about October 30, 2009, Ocwen Loan Servicing, LLC (the "Plaintiff') filed an Amended Complaint correcting the Plaintiff name. On or about January 7, 2010, the Defendant, Matthew L. Klein filed a Preliminary Objection to Plaintiffs Complaint. Plaintiff submits the instant response. II. STATEMENT OF LEGAL QUESTIONS Should Plaintiff s Amended Complaint in Mortgage Foreclosure be dismissed when the Defendant is the known heir of the Last Record Owner, and properly named in this mortgage foreclosure action pursuant to Pa.R.C.P. 1144? Suggested Answer: No. III. LEGAL ARGUMENT As a general matter, a preliminary objection in the nature of a demurrer is an assertion that a pleading fails to set forth a cause of action upon which relief can be granted. Balsbau h v. Rowland, 447 Pa. 423, 290 A.2d 85 (1972). The preliminary objection should be overruled if the allegations of the complaint state a cause of action under any theory of law. Packler v. State Employes' Retirement Board, 470 Pa. 368, 368 A.2d 673 (1977). When reviewing the lower court's sustaining of a preliminary objection in the nature of a demurrer, all facts set forth in the challenged complaint must be accepted as true as well as all inferences reasonably deducible from these facts. Mahoney v. Furches, 503 Pa. 60, 468 A.2d 458 (1983). A case should be dismissed on preliminary objections only where the dismissal is clearly warranted and free from doubt. Vintage Homes, Inc. v. Levin, 554 A.2d 989 (Pa.Super.,1989) citing Interstate Traveler Services Inc. v. Commonwealth Department of Environmental Resources, 486 Pa. 536, 406 A.2d 1020 (1979) (emphasis added). Pa.R.C.P. 1144, entitled "Parties. Release of Liabilty" states that: (a) The plaintiff shall name as defendants (1) the mortgagor; (2) the personal representative, heir or devises of a deceased mortgagor, if known; and (3) the real owner of the property, or if the real owner is unknown, the grantee in the last recorded deed. (b) Unless named as real owner, neither the mortgagor nor the personal representative, heir or devisee of the mortgagor, need be joined as defendant if the plaintiff sets forth in the complaint that the plaintiff releases such person from liability for the debt secured by the mortgage. Plaintiff has named Matthew L. Klein as the known heir of Phyllis Klein a/k/a Phyllis M. Klein. Plaintiff s Complaint does not release the Defendant, Matthew L. Klein, by virtue of his being the known heir. IV. CONCLUSION In conclusion, the Defendant's Preliminary Objection has not established a basis to strike Plaintiffs Complaint In Mortgage Foreclosure. Accordingly, Plaintiff respectfully requests that Defendant's Preliminary Objection be overruled, in its entirety, with prejudice UD CES, P.C. By: , Louis A. Simoni, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC Plaintiff v. Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-3797 Civil Term CERTIFICATE OF SERVICE I, Louis A. Simoni, Esquire, hereby certify that I served true and correct copies of Plaintiffs Reply to Defendant's Preliminary Objection, Brief in Support and Certificate of Service upon the following person(s) named herein, at their last known address or their attorney of record on this date of January p1 ~ , 2010 by regular, first class mail. TO: Phyllis HIein a/k/a Phyllis M. HIein Matthew L. HIein 1284 Summitt View Court 1433 Maplewood Drive New Cumberland, PA 17070 New Cumberland, PA 17070 Deceased Defendant .Defendant UD ICES, P.C. By: Louis A. Simoni, Esquire Attorney for the Plaintiff OCWEN LOAN SERVICING, LLC, Plaintiff v. PHYLLIS KLEIN a/k/a PHYLLIS M. KLEIN (Last Record Owner) MATTHEW L. KLEIN, Known Hein of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Holder), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.09-3797 CIVIL TERM IN RE: DEFENDANT' S PRELIMINARY OBJECTIONS BEFORE OLER and EBERT. JJ. ORDER OF COURT AND NOW, this 8~' day of July, 2010, upon consideration of Defendant Matthew L. Klein's Preliminary Objections, and Plaintiff's Reply to Defendant's Preliminary Objection, and following oral argument held on July 7, 2010, it is hereby ordered and directed that the Preliminary Objections are denied and Defendant is afforded a period of 30 days from the date of this order to file an answer to Plaintiff's Complaint. BY THE COURT, ~ Louis A. Simoni, Esq. Woodcrest Corporate Center 111 Woodcrest Road Suite 200 Cherry Hill, NJ 08003-3620 Attorney for Plaintiff ~ ~, G~ _ ... ~_z .~ $ F ~-n ~ - ~ . ~ry _ - '.G ~~ -~ ~\i ' I'y 1 :~_ .. __ ~ ~f ~, c,:: - /Matthew L. Klein 1433 Maplewood Drive New Cumberland, PA 17070 Defendant, pro Se rc 7/~~~~ V,''AREN LAW OFFICES, P.C. MARE: J. UDREN, ESQUIRE - ID #04302 STUA.RT WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS 1417 North Magnolia Avenue :CIVIL DIVISION Ocala, Fl 34475-9078 :Cumberland County Plaintiff :MORTGAGE FORECLOSURE V. Phyllis Klein a/k/a Phyllis M. ENO. 09-3797 Civil Term Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record owner) 1284 Summitt View Court New Cumberland, PA 17070 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: W C3 r ,r. a N m' Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record owner) for failure to file an Answer to Plaintiff's Complaint within 20 clays from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $161,116.66 Interest Per Complaint 11,902.80 From 05/31/2009 to 08/28/2010 Late charges per Complaint 565.95 From 05/31/2009 to 08/28/2010 Escrow payment per Complaint 3,827.40 From 05/31/2009 to 08/28/2010 TOTAL $177,412.81 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. BYUDR?LAW amt C T Wk) ) Att`ffrTPbys "fo'r` Prlaintiff ` MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS DATE: X0/10 INDI D ) -?-/ 4" - PR Y 414-oo Ph A-My 00 11)388 e ,241ws- UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, Na 08003-3620 856-669-5400 pleadings@udrem.com Taylor, Bean & Whitaker Mortgage Corp. 1417 North Magnolia Avenue Ocala, Fl 34475-9078 Plaintiff V. Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) 1287 Summit View Court New Cumberland, PA 17070 De f endant (s) ATTORNEY FOR PLAINTIFF ?-.Z _ ?tx: c T COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 91' X717 COMPLAINT IN MORTGAGE FORECLOSURE 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 O y?s"?z?Z 7 2 Sheriffs Office of Cumberland County R Thomas Kline at 4-rft6k't4' Sheri Ronny R Anderson Chief Deputy o?c? rt r: swrz SHERIFF'S RETURN OF SERVICE 06/10/2009 Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant 05:04 PM - R. Thomas Kline, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Phyllis Klein, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Phyllis Klein. Matt Klein son of defendant, has advised the deputy that Phyllis Klein is deceased. - 111 SHERIFF COST: $48.30 June 11, 2009 2009-3797 Taylor, Bean & Whitaker V Phyllis Klein Sheriffs Office of Cumberland County R Thomas Kline Sheri of ?"uaa#rT??ri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant o€Fa? ` F ray Ri=r Edward L Schorpp Solicitor Taylor Bean & Wdaker Mortgage Corp. [ vs. I( Case Number Phyllis Klein 2009-3797 SHERIFF'S RETURN OF SERVICE 10/20/2009 07:11 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on October 20, 2009 at 1911 hours, he served a true copy of the within Amended Complaint in Mortgage Foreclosure Pursuant to Court Order, upon the within named defendant, to wit: Matthew L. Klein, by making known unto himself personally, at 1433 Maplewood Drive New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $73.90 SO ANSWER October 21, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG,.ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEKh, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID ##204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Ocwen Loan Servicing, LLC Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) NO. 09-3797 Civil Term Matthew L. Klein Known Heir of Ph llis Klein, a/k/a Phyllis M. Klein (Las Record Owner) Defendant(s) TO: Phyllis Klein a/k/a Ph llis M. Klein (Last Record Owner) 1284 Summitt View Cour New Cumberland, PA 17070 Date of Notice: August 17, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENHES 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, PA 17013 717-24:9-3166 800-990-9108 NOTIFICACION IMPORTANTE UST ED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SEP,VICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CHANDRA M. ARFCEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 ?n9n5.!).279-i Ocwen Loan Servicing, LLC Plaintiff V. Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) Matthew ]? Klein Known Heir of Phyllis Klein, a k./a Phyllis M. Klein (Last Record Owner) Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County N0. 09-3797 Civil Term TO: Matthew L. Klein, Known Heir of Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) 1433 Maplewood Drive New Cumberland, PP_ 17070 Date of Notice: August 17, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORRE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLE'W ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. lx"RK Jr. 15x?;N' EESQUIiFr. '' STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. :Cumberland County Phyllis Klein a/k/a Phyllis M. :MORTGAGE FORECLOSURE Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a NO. 09-3797 Civil Term Phyllis M. Klein (Last Record owner) Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Age: Over 18 Residence: As captioned Employment: Unknown Sworn to and subscribed before me this 27TH day August 2010. a ve Gwrd 1/1 /1 Pm A Name: Title: ATTORNEY FOR PLAINTIFF Company: UDREN LAW OFFICES, P.C. ty%W_&WjffW 01a1M3 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. L7DREN, ESQUIRE - ID #04302 STUART W"INNEG, ESQUIRE - ID #45362 LORRAINE DOYLE,. ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCRE:3T CORPORATE CENTER 111 WOODC:REST ROAD, SUITE 200 CHERRY HELL, NJ 08003-3620 856-669--5400 pleadings@udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. =Cumberland County :MORTGAGE FORECLOSURE Phyllis Klein a/k/a Phyllis M. :NO. 09-3797 Civil Term Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Defendant(s) TO: Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) 1284 Summitt View Court New Cumberland, PA 17070 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment Prothonotary Judgment in Replevin 0SO/to Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, EscLuire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC -COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Phyllis Klein a/k/a Phyllis M. :NO. 09-3797 Civil Term Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a o Phyllis M. Klein (Last Record T? owner) , Defendant(s) w PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: ? N Please issue Writ of Execution in the above matter: Amount due Interest From 08/29/2010 to Date of Sale December 8, 2010 Ongoing Per Diem of 26.16 to actual date of sale incl held at a later date O (Costs to be added) s +aq . oo P6 A`t Tq 88.30 Car 73.90 " h8. So ?0, 00 10.00 " 14.00(1 01.50 .. oZlol. ao -Pa Acm 4 .50 oueu c? r?I38? $177,412.81 2,668.32 UDREN LAW OFFICES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FOR PLAINTIFF C A La t? c 4 N Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Phyllis Klein a/k/a Phyllis M. :NO. 09-3797 Civil Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: Term I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X-C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: X -A. An individual B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X -A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDR LA?W/? ?OFFICES, P. C.. BY: lf AIIAAL?( /)1)0J0/) A ttorneys for P-lainti?f MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINN-G, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com , Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff `CIVIL DIVISION s V. :Cumberland County t e- ':MORTGAGE FORECLOSURE Phyllis Klein a/k/a Phyllis M. =NO. 09-3797 Civil Term Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Defendant(s) C E R T I F I C A T E c? c? rn LO O o v N I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDR /O?FFII?CE ?P.C. BY Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS ° Plaintiff :CIVIL DIVISION , 7? V. :Cumberland County C) :MORTGAGE FORECLOSURE Phyllis Klein a/k/a Phyllis M. ::NO. 09-3797 Civil Term C .. -? Klein (Last Record Owner) C) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Ocwen Loan Servicing, LLC, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1284 Summity View Court, New Cumberland, PA 17070 1. Name and address of Owner(s) or reputed Owner(s): Name Address Phyllis Klein a/k/a 1284 Summitt View Court Phyllis M. Klein New Cumberland, PA 17070 (Last Record Owner) Matthew L. Klein, 1433 Maplewood Drive Known Heir of Phyllis New Cumberland, PA 17070 Klein, a/k/a Phyllis M. Klein (Last Record Owner) 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None • 4. Name and address of the last recorded holder of every mortgage of record: Name Address Ocwen Loan Servicing, LLC 1417 North Magnolia Avenue Ocala, F1 34475-9078 Mortgage Electronic PO Box 2026 Registration Systems, INC Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Address Tenants/Occupants 1284 Summity View Court New Cumberland, PA 17070 Beacon Hill, PUD Address to follow I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: August 30, 2010 LTD-RE w 0 FICES, P.C. BY : 11 11 hv) ?lkw / Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE N UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ,,, ED- ?y ALAN M. MINATO, ESQUIRE - ID #75860-T T!-CHANDRA M. ARKEMA, ESQUIRE - ID #203437 y 02 WOODCREST CORPORATE CENTER Ali 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 cul??V 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC €COURT OF COMMON PLEAS Plaintiff =CIVIL DIVISION V. =Cumberland County :MORTGAGE FORECLOSURE Phyllis Klein a/k/a Phyllis M. :NO. 09-3797 Civil Term Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) 1284 Summitt View Court New Cumberland, PA 17070 Your house (real estate) at 1284 Summity View Court, New Cumberland, PA 17070 is scheduled to be sold at the Sheriff's Sale on December 8, 2010, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse Square, Carlisle, PA, to enforce the court judgment of $177,412.81, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ` YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ti ALL THAT CERTAIN TRACT OF LAND SITAUTE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A POINT AT THE NORTHERNMOST CORNER OF LOT NO. 22 ON THE HEREINAFTER DESCRIBED FINAL DEVELOPMENT PLAN; THENCE ALONG SAID LIMITED COMMON AREA NO. 2 NORTH 55 DEGREES 30 MINUTES 51 SECONDS EAST A DISTANCE OF 24 FEET TO A POINT AT CORNER OF LOT NO. VI- 20 THENCE ALONG LOT NO. VI-20 SOUTH 34 DEGREES 23 MINUTES 58 SECONDS EAST A DISTANCE OF 87.96 FEET TO A POINT AT LANDS OF LIMITED COMMON AREA NO. 2; THENCE ALONG LIMITED COMMON AREA NO.2 SOUTH 55 DEGREES 36 MINUTES 02 SECONDS WEST A DISTANCE OF 24 FEET TO A POINT AT CORNER OF LOT NO. 22; THENCE ALONG LOT NO. 22 NORTH 34 DEGREES 23 MINUTES 58 SECONDS WEST A DISTANCE OF 87.93 FEET TO A POINT AT LANDS OF LIMITED COMMON AREA NO. 2, SAID POINT BEING THE PLACE OF BEGINNING. BEING LOT NO. VI-21 OF BEACON HILL FINAL DEVELOPMENT PLAN PHASE VI5 AMENDED, VILLAGE OF BIRCHWOOD, PREPARED BY H. EDWARD BLACK AND ASSOCIATES AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 70, PAGE 44. UNDER AND SUBJECT TO A DECLARATION OF COVENANTS AND RESTRICTIONS RECORDED IN CUMBERLAND COUNTY MISCELLANEOUS BOOK 319, PAGE 556. AND UNDERAND SUBJECT TO A SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS RECORDED IN CUMBERLAND COUNTY MISCELLANEOUS BOOK 355, PAGE 18. AND UNDER AND SUBJECT TO THE BY-LAWS OF BEACON HILL COMMUNITY ASSOCIATION RECORDED IN CUMBERLAND COUNTY MISCELLANEOUS BOOK 319, PAGE 225. BEING KNOWN AS: 1284 Summity View Court New Cumberland, PA 17070 PROPERTY ID NO.: 13-25-0008-316 TITLE TO SAID PREMISES IS VESTED IN PHYLLIS M. KLEIN, SINGLE WOMAN BY DEED FROM PHYLISS M. KLEIN (A.K.A PHYLLIS M. KLEIN), SINGLE WOMAN, AND JOAN J. PROLOGO, SINGLE WOMAN DATED 01/28/2008 RECORDED 02/22/2008 INSTRUMENT NUMBER 200805240. TJDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 07 !)T*f W CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ?;f;Q WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 CUNlS?+? ?? 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Phyllis Klein a/k/a Phyllis M. ::NO. 09-3797 Civil Term Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) 1433 Maplewood Drive New Cumberland, PA 17070 Your house (real estate) at 1284 Summity View Court, New Cumberland, PA 17070 is scheduled to be sold at the Sheriff's Sale on December 8, 2010, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse Square, Carlisle, PA, to enforce the court judgment of $177,412.81, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN TRACT OF LAND SITAUTE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A POINT AT THE NORTHERNMOST CORNER OF LOT NO. 22 ON THE HEREINAFTER DESCRIBED FINAL DEVELOPMENT PLAN; THENCE ALONG SAID LIMITED COMMON AREA NO. 2 NORTH 55 DEGREES 30 MINUTES 51 SECONDS EAST A DISTANCE OF 24 FEET TO A POINT AT CORNER OF LOT NO. VI- 20 THENCE ALONG LOT NO. VI-20 SOUTH 34 DEGREES 23 MINUTES 58 SECONDS EAST A DISTANCE OF 87.96 FEET TO A POINT AT LANDS OF LIMITED COMMON AREA NO. 2; THENCE ALONG LIMITED COMMON AREA NO.2 SOUTH 55 DEGREES 36 MINUTES 02 SECONDS WEST A DISTANCE OF 24 FEET TO A POINT AT CORNER OF LOT NO. 22; THENCE ALONG LOT NO. 22 NORTH 34 DEGREES 23 MINUTES 58 SECONDS WEST A DISTANCE OF 87.93 FEET TO A POINT AT LANDS OF LIMITED COMMON AREA NO. 2, SAID POINT BEING THE PLACE OF BEGINNING. BEING LOT NO. VI-21 OF BEACON HILL FINAL DEVELOPMENT PLAN PHASE VI, AMENDED, VILLAGE OF BIRCHWOOD, PREPARED BY H. EDWARD BLACK AND ASSOCIATES AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 70, PAGE 44. UNDER AND SUBJECT TO A DECLARATION OF COVENANTS AND RESTRICTIONS RECORDED IN CUMBERLAND COUNTY MISCELLANEOUS BOOK 319, PAGE 556. AND UNDER AND SUBJECT TO A SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS RECORDED IN CUMBERLAND COUNTY MISCELLANEOUS BOOK 355, PAGE 18. AND UNDER AND SUBJECT TO THE BY-LAWS OF BEACON HILL COMMUNITY ASSOCIATION RECORDED IN CUMBERLAND COUNTY MISCELLANEOUS BOOK 319, PAGE 225. BEING KNOWN AS: 1284 Summity View Court New Cumberland, PA 17070 PROPERTY ID NO.: 13-25-0008-316 TITLE TO SAID PREMISES IS VESTED IN PHYLLIS M. KLEIN, SINGLE WOMAN BY DEED FROM PHYLISS M. KLEIN (A.K.A PHYLLIS M. KLEIN), SINGLE WOMAN, AND JOAN J. PROLOGO, SINGLE WOMAN DATED 01/28/2008 RECORDED 02/22/2008 INSTRUMENT NUMBER 200805240. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3797 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OCWEN LOAN SERVICING, LLC, Plaintiff (s) From PHYLLIS KLEIN a/k/a PHYLLIS M. KLEIN (Last Record Owner); MATTHEW L. KLEIN, Known Heir of PHYLLIS KLEIN, a/k/a PHYLLIS M. KLEIN (Last Record Owner) (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 $177,412.81 L.L.$.50 Interest from 8/29/10 to Date of Sale (12/8/10) Ongoing per diem of $26.16 to actual date of sale including if sale is held at a later date -- $2,668.32 Atty's Comm % Due Prothy $2.00 Atty Paid $261.20 Other Costs Plaintiff Paid Date: 8/30/10 Da id D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: CHANDRA M. ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Ocwen Loan Servicing, LLC : COURT OF COMMON PLEAS 1417 North Magnolia Avenue = CIVIL DIVISION Ocala, Fl 34475-9078 = Cumberland County Plaintiff V. Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) = NO. 09-3797 Civil Term Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) 1284 Summitt View Court =w + New Cumberland, PA 17070 w Defendant (s) <CD C-D AFFIDAVIT OF SERVICE PURSUANT TO Pa:R.C.P.RULE 3129;.{ Plaintiff, by its/his/her Attorney hereby verifies that: 'e - 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: December PQ, 2010 UDREN LAW OFFICES, P.C. s_ -------- - . BY• _ Attorneys for Plaintiff A t M. Minato, Esquire PA ID 75860 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Phyllis Klein a/k/a Phyllis M. NO. 09-3797 Civil Term Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record owner) Defendant(s) AMENDED AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.1 and 76 Ocwen Loan Servicing, LLC, Plaintiff in the above action, by its attorney, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 1284 Summitt View Court, New Cumberland, PA 17070 1. Name and address of Owner(s) or reputed Owner(s): Name Address Phyllis Klein a/k/a 1284 Summitt View Court Phyllis M. Klein New Cumberland, PA 17070 (Last Record Owner) Matthew L. Klein, 325 Noel Drive Known Heir of Phyllis Monroeville, PA 15146 Klein, a/k/a Phyllis M. Klein (Last Record owner) 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Ocwen Loan Servicing, LLC 1417 North Magnolia Avenue Ocala, Fl 34475-9078 Mortgage Electronic PO Box 2026 Registration Systems, INC Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept Domestic Relations Section Commonwealth of PA, Department of Revenue Commonwealth of PA Internal Revenue Service Dept of Public Welfare 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 Bureau of Individual Tax Inheritance Tax Division 6th F1., Strawberry Square Dept. 280601 Harrisburg, PA 17128 Special Procedures Branch Federated Investors Tower 1001 Liberty Avenue, 13th Fl. Suite 1300 Pittsburgh, PA 15222 TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 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 Address Tenants/Occupants 1284 Summity View Court New Cumberland, PA 17070 Beacon Hill, PUD 3800 Market Street Camp Hill, PA 17011 The statements are true and correct, based upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: December :?Q, 2010 Z1 tl--- UDREN LAW OFFICES, P.C. Attorney for`' P ainti M. Minato, bquft PA ID 756M UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Ocwen Loan Servicing, LLC Plaintiff V. Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-3797 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner), Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) PROPERTY: 1284 Summitt View Court, New Cumberland, PA 17070 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on December 8. 2010, at 10:00 A.M., at the Commissioners Hearing Room, 2nd Floor, Courthouse Square, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on 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 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ATA LL D ao LaFcc M m uc;32 ma$-B O £ °ow m' E?yaom W U w o Q W N t C ? C N l CO. O EUUSVy °' (6 LL v ETE a1 N= ? .Q N - m Eo:j um_o- 41? cc N o C P= ?•`O?a m (q LL _02 N O.L. MI) O O m ?N E ? LLI a .ocgwo 2!( !_C m-y t0 D!LL Dk m.a mo t0 m G ' m - a. >,c $' )E G L,? p C E -omn a&En m ..OU QZM ." N C ca,?:, oam ovc?0y E' U rn Q fp 0 X.. .. O m 5 C C? y.C o mL U EC?? O Q8-m 0 (D ? D omENma - ?g Ey u? Cc U d 6 E l0 Emct m N 3 -a t E oOm m VO U Y C t0 -v1 -ca-W-e. 10 cc 001 U j C E m•2 U W y ooE 7 C C ? y yv? ym O`N OO a t6. 'C •? M m m .7? Q dw:. «. 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UDREN, ESQUIRE NJ MANAGING ATTORNEY TINA MARIE RICH OFFICE ADMINISTRATOR UDREN LA W OFFICES, AC. WOODCREST CORPORATE CENTER III WOODCREST ROAD SUITE 200 CHERRYHILL, NEW JERSEY 08003-3620 856. 669. 5400 E FREDDIE MAC PENNSYLVANL4 December 20, 2010 Prothonotary of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Ocwen Loan Servicing, LLC VS. Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Cumberland County C.C.P. No. 09-3797 Civil Term Dear Prothonotary: In connection with the above file, enclosed please find Praecipe to File Proof of Service for filing. Also enclosed is an extra copy of the Praecipe to be time stamped and returned in the enclosed self-addressed stamped envelope. Thank you for your assistance with this matter. Sincerely yours, Danielle Devlin Foreclosure Specialist /dad Enclosure CC: Sheriff of Cumberland County UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Ocwen Loan Servicing, LLC ':COURT OF COMMON PLEAS 1417 North Magnolia Avenue :CIVIL DIVISION Ocala, F1 34475-9078 ::Cumberland County Plaintiff V. :NO. 09-3797 Civil Term Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) Matthew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) 1284 Summitt View Court New Cumberland, PA 17070 Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: December W, 2010 UDREN LAW OFFICES P.C. Attorney for Plaintif-f Abn M. Minato, Esquire PA ID 7586'0 Ocwen Loan Serviciw_ LL4::„ et. A. Plaintiff(s) va. 2'6ytlia Klein aita P!t}t3ls I. k_lefa, et aL. Defendant(s) I' DR Lrt<t't' O FIC'FS Ms. Danielte DvNl ri 111 Wooderest Rd., Ste. 200 CherryFillf, NJ 09003-3620 APS Intern at anal, Ltd. - - ` 1-800-0-28-7171 I . si R to i u? 1L APs International Plaza 78" Glenruy I2d. Minneapolis, WN 55439-3222 APSI"+ffe#. 10*3450401 AFFIDAVIT OF SERVICE - Individual Sersice of Process ow --Ph ltis ktein, nka Phyfli M. Klein by posting € ouri Cam- 'ti(:!. 00-3' 9" Civil Term - - - - State Counh (4I f ?^ i } undersigned, being duly sworn, €::,), ..:.,nd gays that at the time of sen iee. s lie was of legal age and was not a party to this actior 1)111t 1-itt?l, o? Sen ice: that oi-, tlu: ( day (d, 2 ? ?.;> ? ..... ` .;.0 LfI (:'edtacl: Place of Service- at 1284 Surnmitt E'k w Court in New Cumberbutd. PA 17070 Documents Served: the md4rsi`fnt,cl served Lbc documents c1c',,:ribed as: Notice of Sheriff's Sale of Real Property ",.'Order Service of Process on: true and coat ;t eop'N of the aforesaid document(s) was served on. Phyllis Klein, aka Phyllis M. Klein by pasting Person Served, and :bletftttd of Service; i \; person lh .icli. eying theta into tli;: handy of the person to be served. B dr'111' rLI1L3, tli= into the hands, of r r r a p--r-;on )4- suitabi - age. who -verified, or why= upon quc;??tiorung stated, tiua ht she cesi&:s "itt; Phyllis Kkin, aka PhyllisXt Klein by jjwAing at the place of sen ee, and whose mlat ionship to the person is: bescriptioii tit Person The person recei\'ing documents is de', rtb; ( as floll tws: Receiving Documents: s-,- ; Sid Color tdairGt)Itar ; t ac3:i1 Hair Appro-. Age ,approx. h, :!!ht '''eight - To the best ofmit' kiw xl; idge and paid p :rsoi-: vas not engaged in the T US "Military at th time of service- Signature of Server: Undens12ned declams una.:r Penalty of perjury Subs, ed and sw'? V. w hefur me this, that tie-fc,zs;gorn is tnt(.an1 correct. .20 1 , f is 4e Al's Intemalfiomd, Ltd. - hotaral, ??a' h.4i e I GJ.?,ton, Nataty PUMM .{hsteSore rUTnbS'iantiCounty c-,vices 3uty 1, 2612 L. Oewm Loan Seevieft LLC, et. al., PialntURs) VL Phyllis Klein aka Phyllis M. Klein, et. al., Defendant(s) UDRV? LWOFFICES Ms. Danielle Devlin 111 Woedaest Rd., Ste. Zoo Cherry IM NJ 08003-3620 -Matthew L. Klein, known heir of Phyllis Klein aka Ph)iGs M. Klein Court Case No. 093797 Civil Term of. • _-ss. ----------------------------- State County of: 1 t (? 1- k?l r Name of Server: 7 06ey 1 D_ ,! TX r %,F4CFj' I , undcnigned, being duly sworn, deposes and says that at the time of service, s/he was of legal age and was not a party to this action; DatefTime of Service: that on the day of 1 t 1???? Z? at Wl0o'ciock P M Place of Service: Documents Served: Service of Process on: Person Served, and Method of Service: Service of Process by APS International, Ltd. 1-800-328-7171 APs 1. FgMT10.11;u,? APS lettmatiooal Plata 7800 GleaM Rd ` Minneapolis, RN 55439-3122 APS FUe M: 10910100tH AFFIDAVIT OF SERVICE -- Individual Service of Process on: at 325 Ned Drive _ J n ManvntM PA 15 the undersigned served the documents described as: ?notice of Sherfirs Sale of Real Property A true and correct copy of the aforesaid document(s) was served on: Matthew L. KI yin, known heir of phyins Klein aka Phyllis M. Klein - ,.c4..._.. a By nally delivering them into the hands of the person to be served. Ay delivering them into the hands of - 1 1 L- M ATAI A , a pew of suitable age, who verified, or who upon questioning stated, that he/she resides with Matthew L. Klein, known heir of Phyllis Klein An Phyllis M. Klein at the place of service. and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex Skin Color \` Hair Color f--; __._.?? ! _= »uy ;Facial Hair ? Age Approx. Height Approx. Weight 1 To the best of my knowledge and belief. said person was not engaged in the US Military at the time of service. Signature of Server. Undersigned declares under penalty of perjury that the foregoing is true and correct. Signature of n APS International, Ltd. Submri d swornto before this ?.d 0 20 ?O N Public (ExPs) ?. Co; A0N'-. G7 FENNS'r %A. Robert D. Steurfer ;r., Nol:..y Put?:K Penn Hills Tv !p., AIkgh3ny County My ConOnl0c; xplres Oct 31, 2013 F' f'eMsvt, -krzec _G:; o _ :i3ti;.> It UDREN LAW OFFICES, P.C. BY: HEATHER RILOFF, ESQUIRE - ID #309906 WOODCREST CORPORATE CENTER ATTORNEY FOR PLAINTIFF 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC Plaintiff V. Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner), Mathew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Defendants COURT OF COMMON PLEAS CIVIL DIVISION ? Cumberland County = --+ NO. 09-3797 Civil Term ° ' > o -r a --r > i PLAINTIFF'S MOTION TO PERMIT RECORDING OF AFFIDAVIT OF LOST ASSIGNMENT EFFECTIVE AS OF AUGUST 12, 2009, NUNC PRO TUNC Plaintiff, Ocwen Loan Servicing, LLC, by its undersigned Counsel, Heather Riloff, Esquire, moves this Honorable Court for an Order to permit recording of Affidavit of Lost Assignment effective as of August 12, 2009, Nunc Pro Tunc, and in support thereof avers the following: Plaintiff is Ocwen Loan Servicing, LLC ("Plaintiff') 2. Defendants, Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) and Mathew L. Klein, known heir of Phyllis Klein a/k/a Phyllis M. Klein (the "Defendants") were the previous owners of the real property located at 1284 Summitt View Court, New Cumberland, PA 17070 ("Property") 3. On February 1, 2008, Mortgage Electronic Registration Systems, Inc., as nominee for Members 1 S` Federal Credit Union loaned to Defendants the sum of $151,200.00. In exchange, Defendants executed and gave to Plaintiff's predecessor a mortgage on the Property. This mortgage was recorded in Cumberland County on February 22, 2008 as Instrument No. 200805241 ("Mortgage"). A true and correct copy of the Mortgage is attached as Exhibit "A." 4. On August 1, 2009, the Mortgage was assigned to Taylor, Bean & Whitaker Mortgage Corp. by assignment of mortgage and recorded on August 19, 2009 as Instrument #200929145. A true and correct copy of the recorded assignment is attached as Exhibit "B." 5. On August 12, 2009, the Mortgage was assigned to Plaintiff, Ocwen Loan Servicing, LLC. 6. Plaintiff filed a Complaint in Mortgage Foreclosure on or about June 9, 2009 as a result of Defendants' default pursuant to the terms of the Mortgage and corresponding Note. 7. Judgment in foreclosure was entered upon the docket on August 30, 2010. The Property was listed for the February 2, 2011 Cumberland County Sheriffs Sale (hereinafter "Sale") 8. The Property reverted to the attorney on the Writ of Execution acting on behalf of Plaintiff at the March 18, 2009 Sheriffs Sale. 9. Subsequent to sale, Plaintiff realized the prior assignment from Taylor, Bean & Whitaker Mortgage Corp to Plaintiff, Ocwen Loan Servicing, LLC had inadvertently been misplaced before being sent for recording. 10. Plaintiff has executed an Affidavit of Lost Assignment affirming that Taylor, Bean & Whitaker Mortgage Corp. previously, on August 12, 2009, transferred its interest in the Note and Mortgage to Ocwen Loan Servicing, LLC. A true and correct copy of the Affidavit of Lost Assignment is attached as Exhibit "C." 11. No prejudice will occur to any former junior lienholder of the Property as these parties received Notice of Sale of the Property and failed to appear to bid to protect their interest thereon. 12. Defendants are not prejudiced by entering the proposed Order as they failed to reinstate the Mortgage as permitted under Act 6. 13. In contrast, Plaintiff will be extremely prejudiced if its interest is not reflected in the record as it should have been. WHEREFORE, Plaintiff requests that the Court permit recording of the original Affidavit of Lost Assignment effective as of August 12, 2009 and to order that recording relates back to that effective date. Respectfully submitted, UDREN LAW OFFICES, P.C. Heather Riloff Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: HEATHER RILOFF, ESQUIRE - ID #309906 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC = COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff Cumberland County V. Phyllis Klein a/k/a Phyllis M. Klein (Last = NO. 09-3797 Civil Term Record Owner), Mathew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Defendants CERTIFICATION OF CONCURRENCE/NON-CONCURRENCE PURSUANT TO CUMBERLAND COUNTY LOCAL RULE 208.3(a)(9) The undersigned certifies, pursuant to Cumberland County Local Rule 208.3(a)(9), that on July 20, 2011, a true and correct copy of the within Motion to Permit Recording of Affidavit of Lost Assignment Effective as of August 12, 2009, Nunc Pro Tunc and the Proposed Order was sent by pre-paid first class regular mail along with a request to the other parties to provide their concurrence or non-concurrence. The Concurrence/Non-Concurrence response deadline was July 27, 2011, and as of July 28, 2011, the other parties have not responded to the inquiry concerning concurrence. Respectfully submitted, UDREN LAW OFFICES, P.C. Heather Riloff Attorney for Plaintiff OWEN STONER 5000 LOUISE DRIVE MECHANICSBURG, PA (717) 795 - 6026 5000 LOUISE DRIVE MECHANICSBURG, PA 717-795-6026 Parcel Number: 13250008316 Premises: 1284 SUMMITT VIEW CT NEW CUMBERLAND, PA 17070 [Space Above This Lime For Recording Datal MORTGAGE DEFINITIONS MIN 100029500022111235 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 FEBRUARY 1ST, 2008 , together with all Riders to this document. (B) "Borrower" is PHYLLIS KLEIN Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lenders successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (988) 679-MFRS. KLEIN 2211123 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MFRS Wolters Kluwer Financial Services VMP0-6A(PA) (otoe).oi Form 30 1 Pape I of 16 Initials: EXHIBIT A (D) "Lender" is MEMBERS 1ST FEDERAL CREDIT UNION Lender is a FEDERAL CREDIT UNION organized and existing under the laws of UNITED STATES OF AMERICA Lender's address is 5000 LOUISE DRIVE, MECHANICSBURG, FA 17055 (E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 1ST, 2008 The Note states that Borrower owes Lender ONE HUNDRED FIFTY ONE THOUSAND TWO HUNDRED AND NO1100. Dollars (U. S. S 151,200.00 } plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MARCH 1ST, 2038 (F) 'Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]; ? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ® Planned Unit Development Rider ? 1-4 Family Rider ? VA Rider Biweekly Payment Rider ? Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (l) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 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. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. Inihalw VMP®-6A(PA) (0708).01 Pape 2 or is Form 3039 1101 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]: SCHEDULE "A" ATTACHED which currently has the address of 1284 SUMMITT VIEW CT Istreet] NEW CUMBERLAND [City], Pennsylvania 17070 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the Property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender' s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. Initials: VMPS-6A(PA) (070a).01 Pace 3 of 16 Fonn 3039 1101 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U. S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer' s check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 4YI Initialc VMP@4A(PA)fona).oi Daaa1 of 76 Forth 3039 1101 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under This Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest Ufdiell: VMPO.OMPA) (0706 .07 Papa 5 of 16 Form 3039 1101 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. Inllldi: VMP®-6A(PA) (0708).01 Page 6 or 16 Form 3039 1101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. WOWS; VMP®-6A(PA) (07081.01 Paps 7 or 16 Form 3039 1101 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; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 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 shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to, (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. mnWa: VMP@.GA(PA) p7osyoi Page 8of16 Form 3039 1f01 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. la/ Inil lair VMP®-6A(PA) (0708).o1 Page9 of 16 Form 3039 1101 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds 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 then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be IndaWs: VMP'S-BA(PA) (07DS).01 Page 10 or t8 Form 3039 1101 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. 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, attorneys' fees, property inspection and valuation fees, In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note), Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security In rument shall be deemed to Initials: VMP®-GA(PA) (070a).01 Pape t1 of 16 Form 3039 1101 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. if Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of, (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are 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 Initials: VMP®-BA(PA)(o7oe).oi Paoe12 of 16 Form 3039 1101 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sutras secured by this Security Instrument, shalt continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other 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 party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. VA4P®-6A(PA) (0708).ot Page 13 of 16 Form 3039 1101 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section I8 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Initials VMP®-6A(PA)(onB).ai page iaor1e Form 3039 1101 This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: - (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower ik me OEM PHY IS KLEIN -Borrower - (Seal) -Borrower - (seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower VMP8-6A(PA) (0708).01 Pape 15 of 16 Form 3039 1101 COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND On this, the 1ST day of FEBRUARY 2008 undersigned officer, personally appeared PHYLLIS KLEIN County ss. , before me, the known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOla W Seal ArFNft C. Myefs, NOMW Pd ft LOVWAPen Twp., Ctrrlboeffd C oV . My Corntrtieafon Fires Matlclt 2, 2011 Member, Pennsylvania Assoclatlort of Notaries Title of O er Certificate of Residence I, GWEN STONER , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 1ST VMP@-$A(PA) p7oa).o1 day of FEBRUARY 2008 Agent of Mortgagee 14V Iniiatr Pape 16 of 16 Form 3039 1101 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 1ST day of FEBRUARY 2008 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Dote to MEMBERS 1ST FEDERAL CREDIT UNION (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 1284 SUMMITT VIEW CT NEW CUMBERLAND, PA 17070 [Property Address] The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in (the "Declaration"). The Property is a part of a planned unit development known as BEACON HILL [Name of Planned Unit Development] (the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows; A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (1) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. MULTISTATE PUD RIDER- Single Family - Fannie MaeJFreddle Mac UNIFORM I STRUMENT Form 3150 1101 Wolters Kluwer Financial Services Page 1 of 3 Initials: VM P@-?R (0411).01 B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (1) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. Initials: VM PO-7 R (0411).01 Page 2 of 3 Form 3160 1101 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in ;it D Rider. (Seal) (Sea[) PHY IS KLEIN -Borrower -Borrower - (Seal) -Borrower (Seal) -Borrower -(Seal) -Borrow er - (Seal) -Borrower _ (Seal) -Borrow er _ (Seal) -Borrow er VM P®-7 R (0411), 01 Page 3 of 3 Form 3150 1/01 ALL THAT CERTAIN tract of land situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the northernmost corner of Lot No. 22 on the hereinafter described Final Development Plan; thence along said Limited Common Area No. 2 North 55 degrees 30 minutes 51 seconds East a distance of 24 feet to a point at corner of Lot No. VI-20 thence along Lot no. VI-20 South 34 degrees 23 minutes 58 seconds East a distance of 87.96 feet to a point at lands of Limited Common Area No. 2; thence along Limited Common Area No. 2 South 55 degrees 36 minutes 20 seconds West a distance of 24 feet to a point at corner of Lot No. 22; thence along Lot No. 22 North 34 degrees 23 minutes 58 seconds West a distance of 87.93 feet to a point at lands of Limited Common Area No. 2, said point being the place of BEGINNING. BEING Lot No. VI-21 of Beacon Hill Final Development Plan Phase VI, Amended, Village of Birchwood, prepared by H. Edward Black and Associates and recorded in Cumberland County Plan Book 70, page 44. BEING the same premises which Ray Flanagan and Donna J. Flanagan, husband and wife, by deed dated March 26, 2004, and recorded in the Office for the Recording of Deeds in and for Cumberland County, Pennsylvania, in Book 262, page 1266, granted and conveyed unto Phyliss M. Klein, single woman, and Joan J. Prologo, single woman, ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200929145 Recorded On 8/19/2009 At 11:00:18 AM * Total Pages - 4 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 50692 User ID - RAK Mortgagor - KLEIN, PHYLLIS M * Mortgagee - TAYLOR BEAN & "ITAKER MTG CORP x Customer - VESTA LAND x FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $11.50 $10.00 $2.00 $3.00 $37.00 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA Q? ouy ,D RECORDER O D EDS trso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0011 EA 11111111111111111111111111 EXHIBIT B Loan#:000221.1123 MJU#: 09050279-1 Pin#: 13-25-0008-316 Prepared By Heather Doyle 0011 EA Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Sire. 200 Cherry Hill, NJ 08003 SUBSEQUENT TO RECORDATION PLEASE MAIL TO: Vesta Land Transfer Woodcrest Corporate Center 111 Woodcrest Road, Ste. 100 Cherry Hill, NJ 08003 M ?l? MIN: 100029500022111235 ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, the receipt and sufficiency of which are hereby acknowledged, Mortgage Electronic Registration Systems, Inc.("Assignor"), hereby assigns, grants, transfers and sets over, unto Taylor, Bean & Whitaker Mortgage Corp. its successors and assigns ("Assignee"), all of its right title and interest in and to that certain Mortgage, together with the indebtedness secured thereby, in the original principal sum of $151,200.00, dated 02/01/08 and recorded 02/22/08 among the Records of the Recorder of Deeds for Cumberland County, State of Pennsylvania, in Instrument Number: 200805241, from Phyllis Klein To Mortgage Electronic Registration Systems, Inc. covering premises lying and situated in the County/City and State aforesaid, the improvements thereon being known and designated as 1 1281 Summit View Court New Cumberland, PA 17070 TOGETHER with all right title and interest of Assignor in and to all collateral loan documents and rights relating to said Mortgage. TO HAVE AND TO HOLD the same unto said Assignee, its successors and assigns, to its and their proper use and benefit forever. ALL THAT CERTAIN tract of land siruate in the Township of Lower Al?en, county of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit; BEGINNING at a point at the northernmost corner of Lot No. 22 on the hereinafter described rinal Development Plan; thence along said L:?Imited Common Area No. 2 North 55 degrees 30 minutes 51 seconds East a distance of 24 feet to a point at corner of Lot No. VI-20 thence along Lot No. VI-20 South 34 degrees 23 minutes.SB seconds East a distance of X37.96 feet to a point at lands of Limited Common Area No. 2; thence along Limited Common Area No. 2 South :.5 de;x?ees 36 minutes 02 seconds West a d stance of 24 feet to a point at corner of Lot No. 22; thence along Lot No. 22 North 34 degrees 23 minutes 5B seconds West a distance of 87.93 feet to a point at rands of Limited Common Area No. 2, said point being the place of BEGINNING. BEING Lot No. V1-21 of Beacon Hill Final Development Plan Phase V1, Amended, Village or Birchwood, prepared by N. Edward Black and Associates and recorded in Cumberland County Plan Book 70, Page 44. UNDER AND SUBJECT to a Declaration of Covenants and Restrictions roeordod in Cumberland County Miscellaneous Book 315, peye 556. AND UNDER AND SUBJECT to a Supplemental. Declaration of vovenants and ReStri.Ctions recorded in Cumberland county miscellaneous Book 355, Page ?8. AND UNDER AND SUB,TE'ET to the By-Laws ,of Seaton :ill Community .Association recorded in Cumberland Goun!.y MLscelianeous Book 319, Paae H5. BEING the same premise which Ray Flanagan and Donna J. rlanagan, husband and wife, by Deed dated March 26, 2004 and recorded March 30, 2004 in the Office of the Recorder of Deeds, in and for the county of Cumberland Dean Book No. 262 Page 1266, granted and conveyed unto Phyliis M_ Klein {a.k.a. Phyllis M. Klein;, single person and Joan J. Prologo, single verson, Wn fee_ TOGETZER with all and singular the tenements, hereditaments and appurtenances to the same belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and prof.;.ts thereof; AND ALSO all the estate, right, title, interest, property, claim and demand whatsoever, both in, saw and equity, of the said parties of the first par:, of, in, to or out of the said premises, and every part and parcel thereof. IN WITNESS WHEREOF, the Assignor has caused these presents to be duly executed by its proper officers under seal this t,? day of k w _ 20 O?L_. ATTEST: BY Name: Mark D. Wilkiinson Title: Mortgage Electronic Registration Systems, Inc. Name: obert F. Pilarski Title: ice. P1_PqiAe1,- I CERTIFY that the correct address of the within-named Assignee is: 1417 North Magnolia Avenue, Ocala, Fl 34475-9078 Signatory: Name: Leslie E. Hawkins Title: 41-2- At o1 1 . - State of Florida County of Duval { { SS Be it remembered, that on this f 1W day of _ , 20 (4, before me, the subscriber, personally appeared ?gobert F. Pilarski,._ d Mark D. Wilkinson who are the and i t,_ 'C _q , respectively of Mortgage Electronic Registration Systems, Inc., the Assignor herein, who signed the within instrument and acknowledged that they signed, sealed with the corporate seal of the corporation and delivered the same as such officers as a voluntary act and deed of such corporation, made by virtue of a Resolution of its Board of Directors. 00 0_A_WAU)W Notaz Public, My Commission Expires: r; -NI;1 e " stelr ; lc i T 4? ? r A/020 i?, Loan#:000221.1123 MJU#: 09050279-1 Prepared By: Heather Doyle/tm Prepared By: Claudy Powell OCWY-N LOAN SERVICING, LLC. 1661 Worthington Road, Suite 100 West Palm Beach, Florida 33409 t?n;s'?3 ?# Uri oS C?.71- ? 657077043398 ATTORNEY CODE: 13760 DATE: JUNE 17, 2011 NOTE: PLEASE CROSS REFERENCE WITH THAT CERTAIN MORTGAGE/DEED OF TRUST RECORDED ON FEBRUARY 22, 2008 INSTRUMENT 200805241 COUNTY, PENNSYLVANIA RECORDS. AFFIDAVIT OF LOST ASSIGNMENT Personally appeared before the undersigned officer authorized by law to administer oaths in said State and County, comes the undersigned, who states on oath as follows: 1. That I am over 21 years of age, and competent to give this affidavit. 2. That I currently serve as are. officer of OCWEN LOAN SERVICING, LLC. and am personally familiar with. the -facts set forth herein. 3. That on or about FEBRUARY 01, 2008 PHYLLIS KLEIN executed a Note and a Mortgage/Deed of Trust in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING.SOLELY AS NOMINEE FOR MEMBERS 1ST FEDERAL CREDIT UNION located at 1901 E. Voorhees Street, Suite C., Danville, IL 61834 in the amount of $ 151,200.00 which Mortgage/Deed of Trust was recorded on FEBRUARY 22, 2008 Instrument 200805241 CUMBERLAND County land records. TAX ID#: 3/26/2007 LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 4. That TAYLOR, BEAN & WHITAKER MORTGAGE CORP subsequently transferred its interest in the above Note and Mortgage/Deed of Trust to OCWEN LOAM SERVICING, LLC effective 8/12/09. The original assignment was lost or misplaced before being recorded. EXHIBIT C This affidavit may be relied on by purchasers, sellers, lenders, attorneys and title insurers. ATTEST: Nathan San s r' Sr. Manager Servic' Transaction Management STATE COUNTY OF PALM BEACH On JUNE 28, 2011, the foregoing instrument was acknowledged, subscribed and sworn before me, the undersigned, a Notary Public for said County and State, personally appeared John Coaster a Sr. Manager of Strategy and Foreclosure Prevention at OCWEN LOAN SERVICING, LLC. John Coaster is personally known tyT iv,. OCWEN LO John ster Sr anager of Strategy and oreclosure Prevention Sworn to and subscribed before me, on JUNE 28, 2011 My Commission expires ( Signature of Notary Meliett6 NOOMM ) ;. I hereby certify the address of the Assignee is Name: MTN c/o OCWEN LOAN SERVICING, LLC. 1661 Worthington Road, Suite 100 West Palm Beach, Florida 33409 ww 2elk' Ptit Notary Public State of Florida Meliette L Noonan c: >. my Commission EE097262 ; of I Expires 05/2 512 0 1 5 2 657077043398 EXHIBIT "A" ALL THAT CERTAIN tract of land situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit- BEGINNING at a point at the northernmost corner of Lot No. 22 on the hereinafter described Final Development Plan; thence along said Limited Common Area No. 2 North 55 degrees 30 minutes 51 seconds East a distance of 24 feet to a point at comer of Lot No. VI-20 thence along Lot no. VI-20 South 34 degrees 23 minutes 58 seconds East a distance of 87.96 feet to a point at lands of Limited Common Area No. 2; thence along Limited Common Area No. 2 South 55 degrees 36 minutes 20 seconds West a distance of 24 feet to a point at corner of Lot No. 22; thence along Lot No. 22 North 34 degrees 23 minutes 58 seconds West a distance of 87.93 feet to a point at lands of Limited Common Area No. 2, said point being the place of BEGINNING. BEING Lot No. VI-21 of Beacon Hill Final Development Plan Phase VI, Amended, Village of Birchwood, prepared by H. Edward Black and Associates and recorded in Cumberland County Plan Book 70, page 44. BEING the same premises which Ray Flanagan and Donna J. Flanagan, husband and wife, by deed dated March 26, 2004, and recorded in the Office for the Recording of Deeds in and for Cumberland County, Pennsylvania, in Book 262, page 1266, granted and conveyed unto Phyliss M. Klein, single woman, and Joan J. Pr+ologo, single woman. UDREN LAW OFFICES, P.C. BY: HEATHER RILOFF, ESQUIRE - ID #309906 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC Plaintiff V. Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner), Mathew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-3797 Civil Term PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO PERMIT RECORDING OF AFFIDAVIT OF LOST ASSIGNMENT EFFECTIVE AS OF AUGUST 12, 2009, NUNC PRO TUNC Pennsylvania common law is replete with instances of ministerial errors which the Courts have consistently viewed as harmless error and refuse to act in furtherance of the unintended result achieved by the inadvertent errors. Ministerial error has been viewed by Pennsylvania Courts as "irrelevant" in rendering the ultimate decision in a case. See Resto v. Travelers Insurance Co., 34 Pa. D.&C.3d 360 (Pa.Com.Pl. 1984)(plaintiffs failure to specify which Count of a three count complaint constituted trespass was determined to be irrelevant to the Court's decision); see also, Pennsylvania Co. for Insurances on Lives and Granting Annuities v. Houseman, 10A.2d 148, Pa. 1941 (failure to attach bonds and mortgage already of record in prior proceeding to bill, which omission was supplied by answer, were harmless errors); Com. v. Miller, 150 A.2d 585 (Pa.Super. 1959)(Court "endeavored to reform ministerial error" in a Petition for Forfeiture); Balas v. Department of Public Welfare, 616 A.2d 143 (Pa.Cmwlth. 1992)("The reason for our holding is that often in cases of technical non-compliance what has occurred is administrative error or mistake. Thus, intent to discriminate could not be shown because it is frequently non-existent."); Board of Sup'rs of Montgomery Tp. v. Wellington, 602 A.2d 425 (Pa.Cmwlth., 1992)(inclusion of subject property in wrong district on zoning map sold to public as a result of administrative error on part of township employees, did not operate to amend zoning map or to render so-designated property unzoned). As set forth in the accompanying Motion, inadvertently, and/or through harmless error, the prior assignment of mortgage was lost or misplaced before being sent for recording prior to the Sheriff's Sale. Plaintiff executed an Affidavit of Lost Assignment affirming under oath that Taylor, Bean & Whitaker Mortgage Corp. transferred its interest in the original note and mortgage to Plaintiff, Ocwen Loan Servicing, LLC on August 12, 2009. The Defendants have not been prejudiced in any way, nor will they be prejudiced by granting the within relief. No junior lienholder is prejudiced as they received Notice of Sale of the Property and failed to appear and bid at Sheriff's sale. Accordingly, for the reasons hereinabove stated, and as more particularly set forth in the Motion, Plaintiff respectfully requests the Court to grant its Motion to permit recording of the original Affidavit of Lost Assignment effective as of August 12, 2009, Nunc Pro Tune. Respectfully submitted, UDREN LAW OFFICES, P.C. Heather Riloff Attorney for Plaintiff VERIFICATION Heather Riloff, Esquire, hereby states that he is the attorney for the Plaintiff, that he is authorized to make this Verification, and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. July Z8 1 2011 Heather Riloff Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF HEATHER RILOFF, ESQUIRE - ID #309906 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC € COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. Cumberland County Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner), Mathew L. Klein, Known heir of Phyllis Klein, a/k/a Phyllis M. Klein € NO. 09-3797 Civil Term (Last Record Owner) Defendants CERTIFICATE OF SERVICE I, Heather Riloff, Esquire, hereby certify that I have served or caused to be served true and correct copies of Plaintiffs Motion to Permit Recording of Affidavit of Lost Assignment Effective as of August 12, 2009, Nunc Pro Tunc, Certification of Concurrence/Non-Concurrence, Memorandum of Law in Support, and this Certificate of Service upon the following person(s) named herein at their last known address or their attorney of record. XXXXXX Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: July A , 2011 TO: Mathew L. Klein, Known Heir of Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) 1433 Maplewood Drive New Cumberland, PA 17070 Phyllis Klein a1k/a Phyllis M. Klein (Last Record Owner) 1284 Summitt View Court New Cumberland, PA 17070 UDREN LAW OFFICES, P.C. HEATHER RILOFF, ES UI Attorney for Plaintiff .s UDREN LAW OFFICES, P.C. BY: HEATHER RILOFF, ESQUIRE - ID #309906 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF pleadings(a,udren.com Ocwen Loan Servicing, LLC COURT OF COMMON PLEAS € CIVIL DIVISION Plaintiff € Cumberland County V. Phyllis Klein a/k/a Phyllis M. Klein (Last NO. 09-3797 Civil Term Record Owner), Mathew L. Klein, Known Heir of Phyllis Klein, a/k/a Phyllis M. Klein (Last Record Owner) Defendants _0' M(Tt cn r` <o >C--? o --i 0 :Cv c c-s a?• AMENDMENT TO PLAINTIFF'S MOTION TO PERMIT RECORDING OF AFFIDAVIT OF LOST ASSIGNMENT EFFECTIVE AS OF AUGUST 12 2009 NUNC PRO TUNC Plaintiff, Ocwen Loan Servicing, LLC, by its undersigned Counsel, Heather Riloff, Esquire, moves this Honorable Court for an Order to permit recording of Affidavit of Lost Assignment effective as of August 12, 2009, Nunc Pro Tunc, and in support thereof avers the following: On September 24, 2009, Judge M. L. Ebert, Jr. granted Plaintiff s Motion for Leave to Amend the Complaint in Mortgage Foreclosure and for Service Pursuant to Special Order of Court. Plaintiff was granted leave to amend its Complaint by correcting a typographical error in the property address, adding Matthew L. Klein, Known Heir of Phyllis Klein as a defendant, and allowing service of the Amended Complaint by publication. 2. On October 19, 2009, Judge M. L. Ebert, Jr. granted Plaintiff's Motion for Leave °rt" s to Amend Complaint to substitute the Plaintiff to Ocwen Loan Servicing, LLC. 3. On July 8, 2010, Judge J. Wesley Oler, Jr. Entered an Order denying Defendant, Matthew L. Klein'sPreliminary Objections. 4. There is no opposing counsel of record and therefore, no concurrence of opposing counsel can be sought. However, on July 20, 2011 a copy of the Plaintiff's Motion to Permit Recording of Affidavit of Lost Assignment Effective as of August 12, 2009, Nunc Pro Tunc along with a request of concurrence or non-concurrence was sent to Defendants. Defendants have not responded to Plaintiff's request. Respectfully submitted, UDREN LAW OFFICES, P.C. Heather Riloff Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF HEATHER RILOFF, ESQUIRE - ID #309906 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadinu(Dudren.com Ocwen Loan Servicing, LLC COURT OF COMMON PLEAS Plaintiff € CIVIL DIVISION V Cumberland County Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner), Mathew L. Klein, Known heir of Phyllis Klein, a/k/a Phyllis M. Klein NO. 09-3797 Civil Term (Last Record Owner) Defendants CERTIFICATE OF SERVICE I, Heather Riloff, Esquire, hereby certify that I have served or caused to be served true and correct copies of Amendment to Plaintiffs Motion to Permit Recording of Affidavit of Lost Assignment Effective as of August 12, 2009, Nunc Pro Tunc, Memorandum of Law in Support, and this Certificate of Service upon the following person(s)'named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: August 0, 2011 TO: Mathew L. Klein, Known Heir of Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) 1433 Maplewood Drive New Cumberland, PA 17070 Phyllis Klein a/k/a Phyllis M. Klein (Last Record Owner) 1284 Summitt View Court New Cumberland, PA 17070 UDREN LAW OFFICES, P.C. B H T ER RILOFF, ESQU E Attorney for Plaintiff