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09-8023
McCABE, WEISBERG AND CONWAY, P.C. BY: , TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Attorneys for Plaintiff Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 Cumberland County Court of Common Pleas Number OQ -?%a3 6,,iL'7jj-,j' V. Maria B Williams 1774 Weatherburn Drive New Cumberland, Pennsylvania 17070 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFERLEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la 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 provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Maria B Williams, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070. 3. On June 26, 2007, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1999, Page 129. 4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. to Countrywide Home Loans Servicing LP, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due June 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $ 143,060.97 Interest through November 17, 2009 $ 17,678.85 (Plus $31.29 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 1,082.84 Corporate Advance $ 855.00 Escrow Advance $ 1,945.67 GRAND TOTAL $ 165,873.33 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $165,873.33, together with interest at the rate of $31.29 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEIG AND CONWAY,P.C. BY: As& eys for Plaintiff TERRENCE J. McCAB SQUI MARC S. WEISBERG, SQU EDWARD D. CONWA 1 MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISREF CONWAY,P.C. BY: meys for Plaintiff TERRENCE J. McCABE, QUI MARC S. WEISBERG, E <EQUIMI EDWARD D. CONWAY, MARGARET GAIRO, ESQUIRE n, i 1 P OBERT P. ZIEGLER RECORDER OF DEEDS C J P.1 BERLAND 'C-OUNYY - PA 2007 JUL 9 flM 9 00 it 1600 GOLF ROAD, SUITE 300 T2 ROLLING MEADOWS IL 6 0 0 0 8 Cwt SWMtRt Services Phone: (800) 998-8223 WO Minjet Street After Recording Return To: Camp Hill, Ph (704 S SV-79 DOCUMENT PR NG :P.O.Box an?j uys, CA 91410-0423 Parcel Number: 13.25-0008-243 Premises: 1774 WEATHERBURN DR NEW CUMBERLAND PA 17070-2219 ibit A [Space Above nix Line For Recording Data] 2007060020 0001698.6018506007 [Escrow/Closing #] [Doc ID] MORTGAGE PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MFRS Page 1 of 17 (R-8A(PA) (0508) . CHL (10/05)(d) VMP Mortgage Sdullons, Inc. (800)521-7291 Form 3038 1/01 011 1 6 8 8 0 0 1 8 6 0 0 0 0 0 1 0 0 0 A OKI999PGO129 r a t v ? 4 I DOC ID #: 000165860 18.506007 MIN 1000157-0008274341-6 DEFII?TMONS 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 Llstrument" means this document, which is dated JUNE 2 6, 2 0 0 7 , together with all Riders to this document (B) "Borrower" is MARIA B WILLIAMS, SINGLE WOMAN. Borrower is the mortgagor under this Security Instrument (C) "HERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security IustruraenL MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, M148501-2026, tel. (888) 679-MFRS. (D) "Lender" is COUNTRYWIDE HOME LOANS, INC. Lender is a CORPORATION organized and existing under the laws of NEW YORK Lender's address is 4500 Park Granada MSN# SVB-314 Calabasas, CA 91302-1613 (E) "Note" means the promissory note signed by Borrower and dated' JUNE 26, 2007 The Note states that Borrower owes Lender ONE HUNDRED FORTY THREE THOUSAND FIVE HUNDRED and 00/100 Dollars (U.S. $143, 500. 00 ) plus interest. Borrower has promised to pay this debt in regular 40 -6A(PA) (0508) CHL (10105) Page a of 17 Form-3039. 1/01 B;K 1999PGO 130. /- A DOC ID 00016986018506007 Periodic Payments and to pay the debt in frill not later' than JULY 0I f' '2 0 4 7 (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 prepaymettt charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (Fn "hiders" 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): F Adjustable Rate Rider r7l H Condominium Rider Second Home: Rider Balloon Rider Planned Unit Development Rider 14 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, 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. (K) "Electronic Funds Transfer" means any transfer of fiords, 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 'stems that are described in Section 3. f, (M) "14Jlocellaneous 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: (1) 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. (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 am imposed in,regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RE,SPA. (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 4R-BA(PA) (9508) CHt (1010-6) Page 3 of 17 Form 3091101 BK 1999PGO 13 1 DOC ID:#: 0901.6986018506007 TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all irie sls, extensions and modifications of the Note; and (ii) the performance of Borrowees covenants and agreca?nents' 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 of CUMBE] tLAND ; ]Type of Recording Jurisdiction] [Name of Recording Jurisdiction] . SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. I which currently has the address of 1774 WEATHERBURN DR, NEW CUMBERLAND Pennsylvania 17 0 7 0 - 2 219 ("Property Address~): IMP CO&1 TOGETHER WTITi 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 MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or a viom, h MS (as nominee for bender and Lender's successors and assigns) has the right: to exercise any or all of those interests: including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. ek-0(PA) (011ps) • CHt. (1tuo5) Page 4 of 17 .v Form 3030 1101 BKI999PGO132 r DOC ID #: 00016986.018506007 THIS SECURITY INSTRUMENT combines uniform covenants ; for national use and non-uniform covenants with limited variations by jurisdiction to constitute a unifomt,gecunty msaument`covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Lpterest, 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 ftmds four: E. crow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be mad&;W U S `.currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is rommed 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 ref use.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 Nay 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 l?iyment in the drder in which it became dire. 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 Tender 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 it and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds.to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments, 40 -OA(PA) (0508), CHL (10/05) page b of 17 Form 3039 1/01 BKI999PGO133 DOC ID #. ;00016.98601,$506007 3. Funds for Famw Items. Borrower shall pay to Lender on the day P i0i*" ' Payments at'a On under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of atriountt; 40c hr. (a) taxes and assessments and other items which can attain- priority over this • Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents oq-ihe,Ppetty, if any; (c) Premiums for any and all'Wmuanm required by Lender under Section 5; and (d) Mortgage `In$ura let-Pr+emiurA if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage' hws v ncc' p i miums in accordance with the provisions of Section 10. These items are called "Escrow Items." At 0r groat , or at any time during the term of the LAan, 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 Sectipa. 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 Lander 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 bender requires, shall famish 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 revolve 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 Lander 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 binds 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 ao. insured) -or in any Federal Horne Loan Bank. Lender shall apply the Funds to pay the Escrow -Items no latex: than the time specified under RESPA. Lender shall not charge Borrowers 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 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 defied 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 s1mll pay to.Lender the amount necessary to make up the shortage in accordance with RESPA, ibut in no mort_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 RP.SPA, 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. 4R-SA(PA) (0508) CHL (10/05) Page 6 of 17 Form 3039 1/01 .$I DOC ID -.;'0Q016986018506007 Upon payment in full of all sums secured by this Security Instrument, I?gder`attail promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions *attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, .and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the mariner provided in Section 3: Borrower shall promptly discharge any lien which has priority over, this. ,$ecKirity Instrgerrt 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 lieu 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 deternrination 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. .. , 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 effeet. Borrower, adrnowledges that the cost of the insurance coverage so obtained might significantly exceed the cost ofinsurance 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 -BA(PA) (0508) CHl (10/d5) Page 7 of 97 Form 8039 IM c BK 1999PGO 135 F.; DOC ID 4: 00016986018506007 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 lI cpi*, for., dome to, or destruction of the Property, such policy shall include a standard mortgage clause and shall ttae 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- I:ender may make prpof of loss if not made promptly by Borrower. Unless Lender. and, Bdgrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance west re, Lender, shall be quk+td ;.by, applied to restoration or repair of the Property, if the restoration or repair is''economiclly,:feasible and Lender's security is not lessened, During such repair and restoration period, Lender shall havb 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 Fender 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 dqe. 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 occ* 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 Propertydn order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds arepaid in connection with damage to, or the taking oA 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 -5A(PA) (0608) CHL (10/05) Page 8 of 17 8K1999PGO13.6' DOC ID #,;,;00016986018,5.06007 completed. If the insurance or condemnation proceeds are not sufficient to. repair or restore the Property, Borrower is not relieved of Borrowers 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 sueb 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 Borrowers knowledge or consent gave materially false, misleading, or inaccurate information oar 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 Borrowers occupancy of the Property as Borrowers 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 Lenders 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 had/or repairing the Property. Lenders 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 looks, replace or board up doors and windows, drain water frdm 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, Under does not have to do so and is not under any duty or obbgadon to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument, Thew 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 Instrumtnt 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'altemate 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 effeeL 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 40-eA(PA)(owe) , CHL (10/05) Page a of 17 Form 9039 1101 r BX 1999PGO137, ?r DOC ID #: 00016986018506007 is ultimately paid in fall, 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 Jump um coverage (in the amount and for the period that Lender requires) provided -by an insurer, selected ;by Lender.ogalwbecoumes available, is obtained, and Lender requires separately designated paymmts'towanduthe premiums for.Mortgage Insurance, If Lender required Mortgage Insurance as a conditiop 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, of to provide a. non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any;.writtep 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 partyto 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 reit>su rer, 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 insurers risk, or reducing losses. If such agreement provides that an of fiate 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. ; (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 199$ or any other law. These rights may include the right to receive certain discloswes, to request and obtain 6mcellatiou of the Mortgage Insurance, to have the Mortgage Insurance terininated autoniaticaily, and/or to recelve 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 am 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 infect 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 4D-SA(PA)(05m) CHL (1cres) page 10. of 17 Form 3039 1101 00X1999PG0138 :' DOC ID _,#:`.00.016986018506007 repair is not economically feasible or Lender's security would be lessened, the MiscoUaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or to then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order prgvided:or in Section 2. In the event of a total taking, destruction, or loss in value of the Property;' ik,, Uscetlaneoos 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 tatting, 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.veiue is?cyual.to or,.gremer than the amount of the sums secured by this Security Instrument immediately before`the pMW iaking':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 it 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 dismissed with a ruling that, in Lender's judgment, precludes forfeitureof 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 tlie' 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, Lenders acceptance of payments from third persons, entities or Successors in Interest of Ck-6A(PA) (owe) CHL (10106) Page 11 of 17 Forin 3039 1/01 BKI999PGO139 DOC ID #::;00.016986018506007 Borrower or in amounts less than the amount then due, shall not be a waiver of or p>!ecluds the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors -and Assigns Bond'. 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 cq-signing is Security Instrument only to mortg@ge, grant and convey the co-signer's interest in the'Piopqrty 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 otter 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 perforated 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 hatrument 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 amountnecessary'to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the. Note). Borrower's acceptance. of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. : 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 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 repotting 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 ok -6A(PA) (0508) CHL (10/05) * Page 1Z of 17 BK1999PGO140 Form ION 1101 DOC ID #: 00016986018506007 this Security Instrument is also required under Applicable Law, the Applicable U w, requkc=nt will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; SeverabMq; Rules of Constriction. This, SecurityI Instrumm- shall be governed by federal law and the law of the jurisdiction in which the Property is looted. All rights and obligations contained in this Security Instrument are subject to any requirements `and limiWons of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree *,9on4*t`or. t 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 (e) 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. N 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 firm 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 discondanod at any. time prior to the earliest of. (a) five days before sale of the Property pursuant to anypower ,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 sgms which then would be, due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under, this Security Instrument, and Borrower's obligation to pay the sums secured by this Security instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement stems 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 cashiers check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, 4R -6A(PA) (0508) qiL (1N05) Pape 13 of 17 form 5038 1101 B1t1999PG0141 {. DOC TD # 00016986018506007 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 : acceleratibn had occurred. However, this right to•reinstate shall not apply in the case of acceleration under Siction'18. 20. Sale of Note; Change of Loan Services; 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 Borrowor. 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 moupp loan sere chug obligations under the Note, this Security Instrument, and Applicable Law. There also might be=`gne cc more changes pf the Loan Servicer unrelated to a We of the Note. If there is a change of the Loaa 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 Envi onnaental'Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum proxducts,'toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" oceans federal laws and laws of the jurisdiction whore the Propertj is located that relate r to heal0i, 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. Borrower shall not cause or permit the presenco, 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 aHazardous 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). ` 11 -5A(PA) (0508) CHt. (10105) Page 14 of 17 Form 3M 1/01 041999PGO142 DOC ID #: 000169$601.8506007 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 patty involving the Property and any Hazardous Substance or Environmental law of which. Borrower has actual knowkdge, (b) ,my Environmental Condition, including but not limited to, any spilling, leaking, discharge, '04eiiao or threat of. release, of any Hazardous Substance, and'(e) any condition caused by the presence,:uee of 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 necessarysemedial,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, ]nshmment (but not prior to acceleration under Section 18 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 care the default as speeded 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 nbt cured as specified, Lender at its option may require immediate payment in fall of all sums secured by this Security Instrmnent 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. - ' ' ; ` r ? `. ' c 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall termigate 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 aftet: 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. ek-8A(PA),(OWO) CHL (10105 Page 16 of t7 Form 5089 1/01 ,? ?;: Du 1999PGO 143, DOC ID #:,000169,86010506007 BY SIGNING BELOW, Borrower accepts and agrees to the termsgaud covenants'contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. ,F ?f n B. WILLIAMS (Seal) -Borrower (Sea]) -Borrower (Seal) -Borrower (sew) ,,, ...., - -Borrower at -GA(PA) (0808) CHL (11005) . Page ie of 17 . • Form 9088 1/01 BKt999PGO144 DOC ID 0001698601 506007 COMMONWEALTH OF PENNSYLVANIA, Cou ety ss: On this, the 94 day of , before me, the undersigned officer, personally appeared 7PR /L 1N /.?/I L known to me (or satisfactorily proven) tc,e the person(s) whose names ' arc subscribed to the within instrument and acknowledged that h sh ey executed the same for the purposes herein contained. IN WITNESS WHMMF, I hereunto set my hand and official seal. My Commission Expires: //-2,q-07 PM VAN S18eat h, Notary Pubft % Cumberlond Nov. 24.2 77 b Aswc i8fon of Noterles Tide of Officer Ceruncate of Renuence L) I,? , 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 day of eLd4 Agent of Mortgagee (R-eA(PA) (OWS) C111. (1 WO$) Pape n of 17 Form 3039 1101 BK1999PGO145 Stewart Title Guaranty Company Commitment Number: 2007060020* SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and"being In the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly described "as follows, to wit: BEGINNING at a point, said point being located the following four (4) courses and. distances from Perimeter Coordinate 3 as shown on the As-Built Plan referenced herein: (1) by the curvq to, the fight having a radius of 256.48 feet an arc distance of 277.31 feet to a point at the intersection of Capital View Drive and the centerline of Weatherbum Drive; (2) along the centerline of Weatherbum Drive, South 88 degrees 38 minutes 45 seconds East, a distance of 118.0 feet to a point; (3) North 32 degrees 66 minutes 18 seconds West, a distance of 14.04 feet to a point; (4) North 57 degrees 03 minutes 42 seconds West, a distance of 43.49 feet to the point and place of BEGINNING; thence North 74 degrees 26 minutes 05 seconds West, a distance of 24.00 feet to a point; thence North 15 degrees 33 minutes 65 seconds East, a distance of 41.00 feet to a point, thence South 74 degrees 26 minutes 05 seconds West, a distance of 24.00 feet to a point; thence'North 15 degrees 33 minutes 55 seconds East, a distance of 41.00 feet to a point; thence south 74 degrees 26 minutes 05 seconds East, a distance of 8.00 feet to a point; thence South 15 degrees 33 minutes 55 seconds West, a distance of 5.00 feet to point; thence South 74 degrees 28 minutes 05 seconds East, a distance of 16.00 feet to a point; thence South 15 degrees 33 minutes 55 seconds West, a distance of 36 feet to the point and place of BEGINNING. BEING known and numbered as 1774 Weatherbum Drive. BEING Unit No. 73, Building P, as shown on Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, Page 62 and as more particularly described on As-Built Plan of Section 1, Hunter's Ridge dated November 7, 1989 and recorded in Plan Book 59, Page 83. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions and other matters, if any, of record and which an inspection of the premises would disclose, including (i) the Amended Final Plan for the Planned Residential Development of Hunter's Ridge, recorded in Plan Book 58, Page 51; (ii) the Declaration of Covenants, Conditions, Restrictions and Easements for Hunter's Ridge recorded in Misc Gook 365, page 372 (The "Declarations'); and (iii) any amendments of modifications to the foregoing thereafter made in accordance with the provisions of the Declaration. ALTA Commitment Schedule C (2007060020.PFWM7060020/12) B,#{ ! 99.9PG0146 DOC ID 00016986018506007 . i, . ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this TWENTY-S IXTH day of JUNE, 2 0 0 7' , and is incorporated into and shall be deemed. to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower') to secure Bonuwer's Note to COUNTRYWIDE HOME LOANS, INC. (the "Lender") of the same date and covering the property described In the Security Instrument and located at: 1774 WEATHERBURN DR, NEW CUMBERLAND, PA 17070-2219 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST RAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: MULTISTATE ADJUSTABLE RATE RIDER - LIBOR INDEX - Single Family CONV • BC - ARM Rider 1U193-US (12/05)(d) Page 1• of 4 Nil I 2 3 9 9 1' 1 6 9 a 6 0 1 8 6 0 0 0 Q 0 1,U 1 9 3` BK19.99PG0147 DOC ID #:_ OQ01.69.86018.506007 A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.875.%. The Note` provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of JULY t 2009 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR'), as published in. The Wap Street doumal. The most recent Index figure available as of the date 45 days before each Change Date is card the "Current Index." If the Index is no longer available, the Note Holder will choose a new`Index that Is based upon comparable Information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder'will calculate my new interest rate by adding SEVEN & ONE-EIGHTH percentage point(s) ( 7.125 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125°0. Subject to the limits stated in. Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment thaat would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.3 7 5 % or less-than 7 , 8 7 5 %. Thereafter, my interest rate will never ' be Increased or decreased on any single Change Date by more than ONE & ONE-HALF percentage point(s) ( 1.500 %) from the rate of Interest I have been paying for the preceding six months. My interest rate will never be greater than 14.875 % or less than 7.875 %. (E) Effective Date of Changes My new interest rate will become. effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. CONV • BC - ARM Rider 1U193-US (12/05) Page 2 of 4 BK 1.999PGO 148 DOC ID #: 00016986018506007 (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes.in my Interest rate and the amount of my monthly payment before the effective date of any change. The notice will Include information required by law to be given me and also the tide and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: 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 tide 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 a 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. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender'.s security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Lew, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that Is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and In this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless L@nrder releases Borrower in writing. If Lender exercises the option to. require imnniediate payment in full, 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. . . CONV • BC - ARM Rider 1 U193-US (1.2105) Page 3-61' 4 BK" 1999PGO 149 t j DOC ID #: 00016986018506007 BY SIGNING BELO wer accepts and s to the terms and covenants contained in this Adjustable Rate Ride (Seal) I B. WILLIAMS -Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower CONV • BC - ARM Rider 1 U193-US (12t05) Page 4 of 4 BK 1999PGO 150 I J DOC ID 00016986018506007 CONDOMINIUM -RIDER THIS CONDOMINIUM RIDER Is made this TWENTY-SIXTH day of JUNE, 2007 , 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 Note to COUNTRYWIDE HOME LOANS, INC. (the "Lender") of the same date and covering the Property descnbed in the Security Instrument and located at: 1774 WEATHERBURN DR, NEW CUMBERLAND, PA 17070-2219 [Property Address] The Property includes a unit in, together with an undivided interest In the common elements of, a condominium project known as: HUNTERS RIDGE [Name of Condominium Project] (the "Condominium Project"). If the owners association or other entity which acts for the Condominium Project (the "Owners Association") holds title to property for the benefit or use of its members or shareholders, the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interest. CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. Condominium Obligations. Borrower shall perform all of Borrower's obligations under the Condominium Prof&X4 Constituent Documents. The "Constituent Documents".are the, (i) Declaration or any other dodument which creates the Condominium Project; (ii) by-laws; (iii) code of. regulations; and (iv) other equivalent documents. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. `2 3 9 9 1 ` 1 8 9 8 8 0 1 8 5 0 0 0 0 0.1 0.0 8 R BK..19 9'9 PG O 151 r ?`? r A DOC ID #:00016986018506007 B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominium :Project which is satisfactory to Lender and which provides insurance coverage in the amounts (inckiding 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, from 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 (11) 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, whether to the unit or to common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application 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, whether of the unit or of the common elements, 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: (n the abandonment or termination of the Condominium Project, 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 Condominium 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 (Vote rate and shall be payable, with Interest, upon notice from Lender to Borrower requesting payment. Ck-SR (0512) CHL (12/05) • Page,2 of 3 Form 3140 1101 BK k999PGO 1.52 a , BY SIGNING BEI. rro r accepts an rees to the terms and covenants containea in this Condominium (Seal) I B. WILLIAMS - Borrower (Seal) - Borrower (Seal) - Borrowar (Seal) - Borrower I Certify this to be recorded In Cumberland County PA Cc,„-.aer of Dee dg Ck-813 (0512) CHL,(12/05) - Page 3 of -3 BK1•99PG0t53 Form 3140 1101 ( LI-I ) OF THE PROTHONOTARY 2009 NOV 18 PM 2: 12 ,?7s. sa??LR? CK-JI 8311 Iq 44- o133't3s McCABE, WEISBERG AND CONWAY, P.C. BY: ~ERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fl<a Countrywide Home Loans Servicing LP Plaintiff v. Maria B Williams Defendant ~!~N €g fir. o ~ ~~ Attorneys for Pla-ntiff Cumberland County Court of Common Pleas Number 09-8023 Civil Term ORDER ri1G~a/ 20 the Plaintiff is anted leave to serve the AND NOW, this ~ day of ~~ ~ , ~~, gr Complaint in Mortgage Foreclosure and all other subsequent pleadings upon the Defendant, Maria B Williams, by regular mail and by certified mail, return receipt requested, to her last known address of P.O. Box 17, New Cumberland Pennsylvania 17070 and by posting the Complaint at the mortgaged premises of 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070. BY THE COURT: ~, -.? C _. c 7 C_ N rte' Cam. ~ / - 1 __ . ~v ~ c ~, .~ ~ ~~ ~'Y .~; ~_ L+rt ~lS~~a ~~ J .:. `+7 -- { _?_ f rT -?;iT~ ,_, ~.~ =~ : ~- `~ ir- h r 11l1,,~'j! 2~6~ J~~~ ~`3 ~~=f f f ~ 2~ ;;,~~~t A, ~~, Cv" --~ \ !' /~~ y l U i ~~+, t'L.1~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff v. Maria B Williams Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09-8023 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-ca tinned matter. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff O $10.00 PD A-fT`/ ~~ gios(~ ~-r~a3~asy Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~i~~~-~ ,~~G~ ~~~ THE F~{:~~'r'~'~'~i~?AMY ~~4~~tY~ of ~;ttn(r~ryp~~d CL'P~ ` ~~ ~ ~ ~l1JiY ^'lf'- 7 ~ r , r BAC Home Loans Servicing, LP vs. Maria B. Williams Case Number 2009-8023 SHERIFF'S RETURN OF SERVICE 01/28/2010 07:50 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 28, 2010 at 1950 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Maria B. Williams, pursuant to order of court by posting the premises located at 1774 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania 17070 with a true and correct copy according to law. SHERIFF COST: $49.30 February 04, 2010 SO ANS ERS, O Y AND RS N, SHERIFF / ~~, gY . , Cc~.n-.?;Su!tn ~,;"E;rrti. T~'ec :oft. icy;. r ~"~i..rD-~~'"~1C ~r~ i ~~iw ~'`;.~ 4 ~~~Js~OTI~R`~f ZQ~u ~~;T -? ~~~ 3~ 40 ~U~'~~3~FLt~~~r~ vOUi~~T ~' ~2~5"l.~r~~~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff v. Maria B Williams Defendant Attorneys for Plaintiff :CUMBERLAND COUNTY :COURT OF COMMON PLEAS :NUMBER 09-8023 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff; 2. That on February 1, 2010, per the attached Court Order, Plaintiffserved a true and correct copy ofthe Complaint in Mortgage Foreclosure upon the Defendant, Maria B. Williams by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his/her last-known address of P.O. Box 17, New Cumberland, Pennsylvania 17070. True and correct copies of the letters, certificates of mailing and certified receipts are attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on January 28, 2010, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Maria B. Williams, by posting the same at the mortgage premises of 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070. True and correct copy of the Affidavit of Service indicating the same is attached hereto, made a part hereof, and marked Exhibit "B." T~RRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS 26th DAY OF February, 2010/ (~ ~' NOTARY PUBLIC Flit 1] TA t"t 4 ,~ L SME AhL Mictzelte A. Nolacik-Notary Ptcblic City of Philadelphia, Philadelphia Coin k6Y COMPRISS60N FXP9RES A4aR, 28, 20i S`h ~'Icc:A13E, 1~I~I.ISI3EI2G ANI) CoNWAY, 1'.C. 13Y: TEI2RENCF J. MrCA13E, ESQtJ112I~ - 1U # 16x96 ?~'IARC S. ~~'C1S13I.RG,I3SQIJIR7. - lI) # 17616 F,i)'VVAR.f) D, ('C)N'4\'AY, 1~SQU1RIs' - T1) i~ 34G87 )\7ARGARE'1' GAIRU,I:SQUIRE - Il) # 34419 t23 Souti~ Broad Sirect, Suite 20$0 Philadelphia, Penns}=Ivania 19109 (215) 790-1010 f3!1C 1-tome. Loans Servicing, l.l' flea C'outttry~a~ide l~Iome i,oans Sen~icing I..I' Plaintiff ~r Maria 13 Williams Defendant Attorneys for Plaintiff Cumberland County Cauri of Common Pleas Number 09-8023 Civil Term O12DER ANll NOW, this t7T~clay of.,,,~o`1,t.1C,tSIts f , 20rCa, the Plaintiff is ln•ani:ed leave to serve 13~e. Complaint in Mortgage hareclosure and a}1 other subsequent pleadings upon the Defendant, Maria 13 Williams, by regular mail and by certified mail, return receipt requested, to her last: known address of P.O. )3ox 17, New C"umberland Pennsylvania I7070 and by posting the Complaint at the mortgaged premises of ] 774 Weatherburn llrive, New Cumberland, Pennsylvania l 7070. 13Y 7"lilt CUU12'I': ai 012~~ ~!~(~~ LAW OFFICES TERRENCE J. McCABE*** McCABE, WEISBERG & CONWAY, P.C. su1TE 303 MARC S. WEISBERG** SUITE 2080 216 HADDON AVENUE EDWARD D. CONWAY • 123 SOUTH BROAD STREET WESTMONT, NJ 08108 MARGARET GAIRO •~ PHILADELPHIA, PA 19109 (856) 858-7080 LISA L. WALLACE+t (215) 790-1010 FAX (856) 858-7020 DEBORAH K. CURRANf• FAX (215) 790-1274 LAURA H.G. O'SULLIVANf• SUITE 499 GAYL C. SPIVAK*= 145 HUGUENOT STREET FRANK DUBIN •"~ NEW ROCHELLE, NY 10801 ANDREW L. MARKOWiTZ ••• (914}-636-8900 HEIDI R. SPIVAK* FAX (914}636-8901 SCOTT TAGGART* Also servicing Connecticut MARISA COHEN* KATHERINE SANTANGIAII^^ 1 2010 Februar JASON BROOKS f , y SUITE 100 STEPHANIE H. HURLEY.• 8101 SANDY SPRING ROAD DIANN GREEN< LAUREL, MD 20707 MATTHEW CONNOR* (301)490-3361 FAITH MIROS < FAX (301) 490-1568 THOMAS K. TESSMER < Also servicing the District of Columbia ERIN BRADY •• and Virginia AARON NEAL•• KEVIN T MCQUAIL •" "' Licensed in PA • LicensW in PA,@N7 • Licensed in PA & NY ^ Liccnaed in NY ^^ Licensed in Nl * Licensed in PA & WA "+ Licensed in PA, NI @ NY t Licemed in NY & CT • Licensed in MD & DC • • Licenud in MD + Managing Attorney for NY t Managing Attorney for MD Managing Attorney for N) < Licensed in VA 'c Licensed in CT & N7 Maria B. Williams P.O. Box 17 New Cumberland, PA 17070 Re: BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP v. Maria B. Williams Cumberland County; C.C.P.; Number 09-8023 Civil Term Dear Mrs. Williams: Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure, along with a copy of the signed Order dated January 8, 2010, the original of which has been filed against you in regard to the above-captioned matter. Very truly yours, TERRENCE J. McCABE TJM/hm Enclosures SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7009 2250 0003 8494 6908 RETURN RECEIPT REQUESTED Exhibit A This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~~~ ®~ ~Guurbe~~~,~ ..:~:' .. ar"~~ or: rye s~a~F ~SCNt BAC Home Loans Servicing, LP vs. Case Number Maria B. Williams 2009-8023 SHERIFF'S RETURN OF SERVICE 01/28/2010 07:50 PM -Shawn Harrison, Deputy Sherifl`, who being duly sworn according to law, states that on January 28, 2010 at 1950 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Maria B. Williams, pursuant to order of court by posting the premises located at 1774 Weatherbum Drive, New Cumberland, Cumberland County, Pennsylvania 17070 with a true and correct copy according to law. SHERIFF COST: $49.30 February 04, 2010 SO AN ~RS, +'`> ~ O Y ~ANDI r N ~~` (c} CouttY5WN Sheri!f. TelecsoR. 4rc. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff V. Maria B Williams Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas No. 09-8023 Civil Term C70 -v mw xM z? SUBSTITUTION OF SUCCESSOR PLAINTIFF UNDER RULE 2352 TO THE PROTHONOTARY: N cn N w 0 i Kindly substitute Plaintiff, Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, for BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP. Pursuant to Pennsylvania Rule of Civil Procedure 2352(a), a "successor may become a party to a pending action by filing of record a statement of the material facts on which the right to substitution is based." The material facts in support of substitution of the Plaintiff are: A Complaint in mortgage foreclosure was filed on November 18, 2009 in docket #09-8023 Civil Term. The Plaintiff in that action is BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP. Effective July 1, 2011, BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP has merged with and into Bank of America, N.A. under the provisions of the National Bank Act. C' --I -? -" f :;0 CD (D -a o +I.oo PQ grrq air 1(4 9 U6 17 & a1#gg88 Bank of America, N.A. is successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP and, as a matter of federal law, is deemed to be the same company as BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing LP and all rights, franchises, and interests of BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP in and to every type of property (real, personal, and mixed) and chooses in action are transferred to and vested in Bank of America, N.A., without any deed or other transfer. 4. Accordingly, the name of the plaintiff has changed to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP. Based on the material facts set out above, kindly substitute Plaintiff, Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP for BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP pursuant to Pennsylvania Rule of Civil Procedure 2352(a). McCABE, WEISBERG, AND CONWAY, FC. BY: _ Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff V. Maria B Williams Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas No. 09-8023 Civil Term CERTIFICATION OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the within Substitution of Successor Plaintiff pertaining to the above-captioned matter was served on September 15, 2011, by first-class mail, postage prepaid, upon the following: Maria B Williams 1774 Weatherburn Drive New Cumberland, Pennsylvania 17070 Maria B Williams P.O. Box 17 New Cumberland, Pennsylvania 17070 Date: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE t) Comptroller of the Currency Administrator of National Banks Washington,, DC 20219 July 5, 2011 Ms. Radhi Thayu Assistant General Counsel Bank of America, NY8-114-09-02 114 West 47th Street New York, NY 10036 Re: Application to merge BAC Home Loans Servicing, LP, Plano, Texas, into Bank of America, N.A., Charlotte, North Carolina Application Control Number: 2011-ML-12-0037 Dear Ms. Thayu: This letter is the official certification from the Office of the Comptroller of the Currency of the merger of BAC Home Loans Servicing, LP, Plano, Texas, into Bank of America, N.A., Charlotte, North Carolina, effective July 1, 2011. Sincerely, David Reilly Large Bank Licensing Lead Expert Corporations Section E OF Hope Andrade P.O.Box 13697 g Secretary of State Austin, Texas 78711-3697 Office of the Secretary of State CERTIFICATE OF MERGER The undersigned, as Secretary of State of Texas, hereby certifies that a filing instrument merging BAC Home Loans Servicing, LP Domestic Limited Partnership (LP) [File Number: 13186910] Into Bank of America, National Association Other Entity/Organization USA [Entity not of Record, Filing Number Not Available] has been received in this office and has been found to conform to law. Accordingly, the undersigned, as Secretary of State, and by the virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing the acceptance and filing of the merger on the date shown below. Dated: 06/28/2011 Effective: 07/01/2011 14" 0 <;4 hz?t Hope Andrade Secretary of State Come visit us on the Internet at http:/Iwww.sos.state.tx.us/ Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Jean Marchione T1D: 10343 Document: 374034630002 Foi?n'62? ftvised 120). Return: int3tiplke ieto Secretary of Vie' P.O.13ox ,13697 Aus6n., TX78711-3697. 512463--5555 F,AX $12 461-V` 19 Certiffcate ofMerger Combiimadom Merger lusiueas drgan#zadow Code= FILED In the Office of the Secretary of State of Texas JUN 28 2011 Corporations Section Pu[?cuit ta.cY 1D of moo'' fsiutiss ®tloiss Code, and the 4itteisk to..eac daayesnlc.,8 ide?fti?led b814+!i?, dam" ptgtie?'su'?nui?fus ?•:of uierg?: Ttle.neEme,onal`#ori?n, ofiaccgpiifatio?:or Qrgatuzaton, an?d'fie number, it'asy, ismteal by ttie: secxietaey.of slide; for eat :mganizaiibtt that isia phrry to he'merge rare as folio" l rgamizarl .a. 1ft iibigadiW Okler-.tlie lkwi 3f t T The file number, if-any,•is i3'tii016 11S rind P.100 TX ? The o ' ion 3vi11 sutwsve the to rganiza# erger. ? The organization will not survive the merger. 11 T#fe plan afinerger ands the name otlte organization. The.new risme is set, forth'befaW. Naas as.led Tlae otgai ion is a 1 baub4 to ciittion It w or lzed'ut r:t he taws of 'he fi 1e number, if apY„is, 400002 Sr?e C--Y Td cW Xerewy vf&w fl:,m tbff Its principal pTe-ofbusittefsis 101isoeiOrYmSt-4 charlotte NC C* s?au The. organization wi11 survive the-meiger., Q The organization will notsurvive ,the merger., . ` be plait>ofthetgeramendstt .tAme.of tbe:orgahizix ob. TheneW name is.sct f©rth.-beirowi . - No:?cs,Amwx?tled Pae;y_3 liaanebt. .. . The:organizabba is a it is oirgatiized under the ia*t of ?srtf3+Wg?taHW?aY?'+(?•g..t??'1+r?*f????iV Form Q2 7X1"99 • *1AM1nWC T3,#i60"W -Tbe-file rrutccber, if any; is $We Y T- 5-Y 4 -Afe nraba Its principQplaoatafb0s slv ?.'I'leorg?di?.?wi?sur»vlv:tnergecs [J ?;]ieorgaeii?'witi?r?ot.siuv?!e?erga?r . Tl a plan A erg - the p ;tt or : ; Tine. n w aun ig$tf bato* Ame as Aa en*d- Phu bf, f. [? Thee pl?.vf anerge{ isattaclaed, Ijtse plmt ? ?r?i?at a?ac?isd;tka foiJa„vv?rig?ate?enx3 nrrut ?e•com?leted A1#eirb?Ili}!e Statem$utw In lieu of p vidi tg:the plan ih*%p, each ' C li ui$',e?tity cettif?es tl>$tw 1. A 06edmaFagrIs.t:,itie ai d?elnhtcl'p1e pflttess of+mruvvi, acqur.¢x doiiatstlc' stone ogttniz?ri #hat is tted'm this: form ns atx the rnergar br new organization dkeaed by the merger.' 2. On writ" rtagWA a,cogy of the plw,6f'triaW' will be furnished without4ost by. #c:.suiviyiiig., augt; cat t?ew eit of non-ire. arganizatian to any owner or amber of any domestic ?ttlty that ?,?? pmt ? .tbd. ??Y the: plan af,tntagc? .and; if tl? ce?tti?ca#e ??F. tics mina ?v? ?c?.e?tlcsor upon-?o+?e toais„,tn ate rc+cor ar oblcgie ±?t`the pies wi?:?tof? if a ? i?r°vlyl'rga?smt is-tin ?tsteciding.. Ca?tiur'`?aa?3B;?!`fJk,dd ?o rkccvttika&'alfor+emt?noJ'?_svn+$ 3A., - ?N.q f -=0 tc p0bru ,ofany. stcrvivWl Tmg entity ::tl esa iSarty totlte -men mlxtp??e#stad fty tip. 3& The'i Ofitt r a i anges Cs aritectdmentsto the Wrti£ ..a afftsrmation afi hmnrrofj#tbTrrxrW,go-OW ~rr The chauges:br amendments to the.filing entity's certificate _of farniation, o&r Than the name change noted:proviol?s* .are to.bclgV, 4. OrguizAt' s=Created 1i :'Mll rget' The name, jwrsdic#on of Qrgantion, principal placx of.business address, acrd entity do3cripCivn of each eutity 4 bther o trztitiort to be created pwwaaht to the plan of merger are wfiwtW' >w, The CC s. ?,OII 11 trBW { drrlCSfi4.. ng lih 16 be G"**d. is ?lelg led ,VV *fi 1{.. CL'rtl'liC. Of'ln'; Fo3m?iYt` 'T%IJOBOC •OUOQtI00i'C T?}wwb,?e A%wOaOb?w 0 ,89sitius !dd sSr pity; Sete zip Gode Na ae:afNeM Aiyar iloa 1 Jiwl n s mtty T"* (Set Fr--imw): Prliiaipafi.Pldcer Dle kpiAdisst" [xti" SAO# zoc4k* Nmtrr aflhs? dgx?3: won Ene+ty ly?k l'?+ +J Jpr Place PfBxsb=, ss city. -slot zip Approval of the Plan of Merger ThC pEah IDf #WI" Itias bed spprovad as regtlired. by the laws of tl a artsclic#ibr? 9 ioA Ai each organization diaiii" aparty< o t ae .ar?d to governing di esofs o€: se.:oi t#?+oms. ©te arvtYtf#hew ar tis' cif. was?not rOqtfi6&*I*w,prawia o s f e. BWt Mectlveneft Ot g-; (ScUd eidibr.A,1, hi:) A. [Q This dbtwm+sn't b us effect wlen: the &cument s?wcepted ail filed by the,semtary of state. B, T1t4doEU e t born cs cflctEiye;a2 a late. date which is;uot elofe than,ninety (90) Clays fmm dlz da : f g "T ikrla3?ed.efFeei#"ve a is 7! y r, 20fl C. 0'. t1tttakts.et taaethe;occun+enceaf tie f::vcat.or ier'thati the Tlac" ll - me earttct:or w 1'c use tix dcrcumefit bo take:e actin e.mamrcr,ctcscrlbed. siow.:: Tax Certificate n ttacl he o_rs ocrt ii ter tn;.the compbviler ofpublic accounts that 1 to mun+der"title. ?, Tai.C"o?ie;;>havgnpaidl?tiit-survivng.?lag,.eDtily. 3fi li?ia i x one or. more.: of to sum4hig, ac o ng or.mewly taoawd Omi&1 M will.lte.Xca`ble fir the pwmmt-esfthe requited franchise tz ies. FmM N:2 u1subc-am mavc'rsiii-On1. Execution: The undersigned si&'llhk ditK ?t subjoct:to the_penaltio' imposed by taw fot the,subatissio i of a materially, false or uwdulmt ns?t. ih undersigsaed;eertifies:that the Statements coat ed herein am tro:attd tit tha patron sigmng' , a?_ tt a o'vssioddc jd.tl3e. fft!si<i?s C`e,•,?rfl?er:Iaw:app?ct©an? goy6rnin8 tie men•gt?gotgtity',.?o?eacteu?te, the fi[is?g:itt eau _ H?1C?Ii? 3?oun'Se?'vic??;t.P ms's a usfiorued' 4 peison.(W Tim HwA Preaid ama CEO, OAC GP,.LLC, Gem ParWa Printed ar WPW-mdof-ftd ed pet%W of ?,;Naticeat?Aas;oci?t?it It , Rrgta _ Si$hahua aYa?otimci ,(see; ,°Mci'?? Gam, A8s6aasaa t iei!'C,?txiset„A.`Seaetar}? . Prioud or typed a um of au&on dE pew, M"*6E*oy Name Si19E ttsea•u?tructious3` Priatef! ar typed nanx of eutk6rimd person , ;Fora+ 63Z? ? . tixi?oe •etaerxiwGx:s?.e+o ooliae.. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff V. Maria B Williams Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-8023 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: c '0 E? ire ?? r^.a f=Y? r? .t C a '. - r 0 t , t Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $ 165,873.33 Interest from 11/18/09 to 09/14/11 $ 20,839.14 Total ?-- -7-1$ 186,712.47 / TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE Attorneys for Plaintiff AND NOW, this ? day of8eplember , 2011, Judgment is entered in favor of Plaintiff, Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, and against Defendant, Maria B Williams, and damages are assessed in the amount of $186,712.47, plus interest and costs. BY TH PROTHONOTARY: *14.00 Pis ATrq C#-Wg3a- p* at,?t988 No4ic- ftDu6 d ?? ::?? ?ki? ? ?b McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing LP Plaintiff V. Maria B Williams Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-8023 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, being duly sworn according to law, deposes and says that the Defendant, Maria B Williams, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Maria B Williams, is over eighteen (18) years of age, and reside as follows: Maria B Williams Maria B Wiliams 1774 Weatherbum Drive P.O. Box 17 New Cumberland, Pennsylvania 17070 New Cumberland, Pennsylvania 17070 SWORN AND SUBS?CW BEFORE/ME THIS A OF , 20 1 NOTARY PUBLIC '0MM0NWrA0'M OF P ?'?!F;YPJANir NOTARIAL i2: L Barbara J. Moyer. Nof,ary PubiiC City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES JAN. 12, 2014 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-8023 Civil Term V. Maria B Williams Defendant AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Maria B Williams Maria B Williams 1774 Weatherburn Drive P.O. Box 17 New Cumberland, Pennsylvania 17070 New Cumberland, Pennsylvania 17070 SWORN AND SUBS BEFORE THIS Y OF, Gl... 20.11 Y PUBLIC JhSh ? ' - y ?F L N pTA Qr ?latary Public Barbara J. City ?f Philadelphia, P` ?ladelphia Gourt} COMMISSION ?pIRES JA_ N0la? MY TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff V. Maria B Williams Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-8023 Civil Term CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSC BEFO ME THIS" O ,2 1 NOTARY PUBLIC COMMt]NWEAI.TH pF nl-1N Barbara J. Mcycr ray City of PhiladeVll ; Phliadelphia Cnu?t, my COMMISSION EXPIRES JAN, 12, 201a TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 , C-mt gong $ L-t-il , I 1 a Prothonotary `J'I?J February 23, 2010 To: Maria I3 VAlilliams P.O. Box 17 New Cumberland, Pennsylvania 17070 13AC: Home LoaDS Servicing, I.,P fka Cumberland County Countrywide Home Loans Servicing LP Court of Coinmon Pleas vs. Maria I3 Williams Number 09-8023 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT"11N APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS To TI-Ir. CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS I%OM 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. YOtJ SLIOIJLD I'AKf' l'I#IS PAI'ER'I'O YOtJR i.AWYER A'I' ONC'1 . 1F YOU 170 NOT HAVE A LAWYER, GO 1-0 OR "fIi1.GP110NE I'13E OFF[CE SE FORI'11 BELOW. THIS OFFICE CAN PROVIDI? YOU WITH INFORMATION ABOUT IBRING A LAWYER. CI YOU CANNOTAFFORDTOITIREALAWYER,THISOFFICEMAYBEABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THATMAYOFFER I.EGAL SERVICLS T'O ELKi1BL.E PERSONS AT A R1:DUCF'D FEIiOR NOl--IIli. Cumberland Counly Bar Association 2 Liberty Avenue Carlisle,l'ennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUI?N'I"RA EN r ST'ADO DE REBELDIA POR NO ITABEIt PRIsSENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR A1300ADO Y FOR NO IIA13ER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FOR)AUL.ADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIG''/. (10) DIAS DE LA FECHA DE ESTA PODRA, SIN NECI SIDAD DE NOTIFICACION, EL TRIBUNAL COMPARECER USTED EN CORTE 1) OIR PREUBA ALGUNA, DICT'AR SENI'ENCIA EN SU CONI'RA Y US"TED FODRIA i'IiRDHR I31I?NES U OT'ROs DERECHOS iMPORT'ANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SE USTED NO TIENE A UN ABOGADO, VA A O 'TIiLrFONEA LA OFICINA EXPUSO ABAJO. 1 STA OFICINA LD PUFDI: PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDL• PR01'OftCIONAR PARA IiMPI.IiAR UN ABOGADO, EST'A OFICINA PUI:DE SE R CAPAL DE' PROPORCIONARLO CON INFORMACON ACERCA DE LAS AGENCIAS QUL )1UEDEN OFRECEit LOS SERVICIOS LEGAL..ES A PERSONAS ELEGIBL.ES EN UN HONORARIO REDUCIDO N1 NINGON ITONORARIO. Cumberland Comity Bar Association 2 Liberty Avenue (800 ) Cadisle, Pennsylvania 1701k3!') (800 990-9' 1 / / BY: Attorneys for Plaintiff TERRENCE.I. McCABE, ESQUII MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQU ZE MARGARET GAIRO, ESQUII ? FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE hm OFFICE OF THE PROTI-IONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 C.."4 M 'Dr,-,j L I) 8?e 1 Prothonotary February 23, 2010 To: Maria B Williams 1,774 Wathel'huni Drive: New Cumberland, Pennsylvania 17070 BAC Home ]...oars Servicing, 1,11 tk.a. Cumberland County; Countryvvide ITole Loans Servicing 1,11 Court of Comn-wil fleas vs. Maria I3 Willianls Number 09-8023 Civil "Perm NOTICE, RULE 237.5 NOTICE OF PRAECIPh: TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAUI T 131-ICAUSE YOU HAVE FAII.ED TO ENTER A WRrrrE.N AIWARANCE PERSONALLY OR BY ATTORNEY AND PILE IN WRITING WITH 'rIIB COURT YOUR DEFENSES OR OBJECTIONS 10 THE CI.AIMS SET FORTH AGAINSI" YOIJ. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DAVE OF TIiIS NOTICE, A )UDGMENT MAY 13E ENTERED AGAINST YOU W I.1.1IOUT A I If..ARING AND YOU MAY LOSE YOUR PROPL-RTY OR OTHER IMPOR'T'ANT RIGHTS. 1'Ol! SHOL!LD 1"AKI''ll ITS PAPER 1Y) 1'OtIR L.AIVYIZR A'f ONCG. IF YOu DO NOT RAVE A LAWYER, GO "1-0 OR'fEI.EP[ IONE THE 01-1-ICE SET rORTI I Brww. THIS OI.-IzICE'• CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A I:AW YER, THIS OFFICEMAY BE AB1.13 TO I'ROV I DF YOU writ IN ITORMA'rfON ABOUT AGENC]ES TI IA'1' MAY OIl'I-lt I.EGAI. SI RViCES TO ELIGIBLE PERSONS Al A REDUCriD FE.E. OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 1-7013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENC:UENTRA EN ESTADO DE RE13ELDIA POR NO HABFER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTF 0 POR ABOGADO Y 1101t NO HAEER RADICADO POR ESCRITO CON ESTE TRIBUNAI. SUS DEFENSAS U OBJECIONES A I,OS IZBC[.AMOS 170RL'A)t.ADOS EN CONTIIA Sum Al. NO TOMAR I.-A ACCION DEBJDA DENTRO DE DIET, (10) DIAS DE ].A FECI IA DE ES TA NOTIFICACION, El. TRIBUNAL, PODRA, SIN NECESIDAD Dl: COMP.ARECER UST ED FN CORTE.. U OIR PRI IJ13A AI.GIJNA, DIC"I'AR SL:N'1'13NCIA I:N SU CONI'RA Y I)STED P01)R[A PERI)Ir.lt 131ENES t30'rROS DERECI IOS IMPORTANTES. USTED I.E. DE-13E, TOMAR ES1'L- 1'.AI'EL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA 1:XPUSO ADAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INPORMAC16N ACERCA DE EMI'LE•AR A UN ABOGADO. S] USI'ED NO PUi:Dl, l'ItOPOItCIONAR PARA I? IPI.[.Alt UN ABOCiA])O, ESTA OFICINA PUCiDI? SER CAPA7 DE PROPORCIONARLO CON [NFOItMACICIN ACIERCA DE I..AS AGENCIAS QUE PUL'D1:N OI°It1EClat LOS SERVICIOS I.I GALES A PERSONAS ELL•GIBLGS [3N LIN I10NORARIO REDUCIDO NI NINGON HONORARIO. Cumberland Cuunty Bar Association 2 Liberty Avenue Carlisle, Ile .y va a 1 013 (800) 99 ' )108 BY: Attorneys for Plaintiff TERRENCE J. MCCABE, ESQU tE MARC S. WEISBERG, ESQUI E EDWARD D. CONWAY, ES IRE MARGARE'T' GAIRO, ESQ . RE FRANK DUBIN, ESQUIRE ANDREW' L. MARTCOWI'T'C, ESQUIRE hm OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Maria B Williams P.O. Box 17 New Cumberland, Pennsylvania 17070 Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP flca Countrywide Home Loans Servicing LP Plaintiff V. Maria B Williams Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-8023 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Prothonotary X Judgment by Default - Money Judgment - Judgment in Replevin - Judgment for Possession jobc 3woo 1 If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. -,_ r? ?? ? .?; F ,aq?y .,.P. 'Yi•!t4v? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Maria B Williams 1774 Weatherburn Drive New Cumberland, Pennsylvania 17070 Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff V. Maria B Williams Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-8023 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. X Judgment by Default - Money Judgment Prothonotary 344ft? - Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing LP V. INTEREST: from 09/15/11 ., $5,370.75 at $30.69 ` -. Maria B Williams ATTY'S COMM.:+.? ti-J -.a.1.3 i •_.... COSTS: r < TO THE PROTHONOTARY OF SAID COURT: ?' - - µ The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract?Fzccoit based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filedTtirstfalilt to'' Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 1774 Weatherburn Drive New Cumberland Pennsylvania 17070 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: October 14, 2011 Q ANA{ g.? 49. 3? (L u 'L 14 14. ? sou ct FILE NO.: 09-8023 Civil Term Civil Term AMOUNT DUE: $186,712.47 Signature: 4 Y'aa/ Print Name M1arg t Gairc, Esquire Firm: MCCABE, EISBERG AND CONWAY Address: 123 S. Broad Street. Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 34419 ta, %, ?k-? i sad g 20-aW104 ,r i McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP Jka Countrywide Home Loans Servicing LP Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v Maria B Williams Defendant NO: 09-8023 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 P1) r' ,i x''* __ CJ r uCZ) ' Z ) The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owner or Reputed Owner Name Address Maria B Williams P.O. Box 17 New Cumberland, Pennsylvania 17070 2. Name and address of Defendant in the judgment: Name Address Maria B Williams P.O. Box 17 New Cumberland, Pennsylvania 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Name and address of every other person who has any record lien on the property: 6. Name Address None Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 1774 Weatherburn Drive New Cumberland, Pennsylvania 17070 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America United States of America c/o Arty General of the United States United States of America c/o Atty General of the United States c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. /&r "I October 14, 2011 Margaret afro, Esquire DATE Attorney or Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point, said point being located the following four (4) courses and distances from Perimeter Coordinate 3 as shown on the As-Built Plan referenced herein: (1) by the curve to the right having a radius of 256.48 feet an arc distance of 277.31 feet to a point at the intersection of Capital View Drive and the centerline of Weatherbum Drive; (2) along the centerline of Weatherburn Drive, South 88 degrees 38 minutes 45 seconds East, a distance of 118.0 feet to a point; (3) North 32 degrees 56 minutes 18 seconds West, a distance of 14,04 feet to a point; (4) North 57 degrees 03 minutes 42 seconds West, a distance of 43.49 feet to the point and place of BEGINNING; thence North 74 degrees 26 minutes 05 seconds West, a distance of 24.00 feet to a pointy thence North 15 degrees 33 minutes 55 seconds East, a distance of 41.00 feet to a point; thence South 74 degrees 26 minutes 05 seconds East, a distance of 8.00 feet to a point; thence South 15 degrees 33 minutes 55 seconds West, a distance of 5.00 feet to a point; .thence South '74 degrees 26 minutes 05 seconds East, a distance of 16.00 feet to a point; thence South 15 degrees 33 minutes 55 seconds West, a distance of 36 feet to the point and place of BEGINNING. BEING Unit No. 73, Building P, as shown on Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, Page 62 and as more particularly described on As-Built Plan of Section I, Hunter's Ridge dated November 7, 1989 and recorded, in Plan Book 59, Page 83. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions and other matters, if any, of record and which an inspection of the premises would disclose, including (i) the Amended Final Plan for the Planned Residential Development of Hunter's Ridge, recorded in Plan Book 58, Page 62; (ii) the Declaration df Covenants, Conditions, Restrictions, and Easements for Hunter's Ridge recorded in Misc. Book 365, Page 372 (The "Declarations"); and (iii) any amendments bf modifications to the foregoing thereafter made in accordance with the provisiong of the Declaration. BEING KNOWN AS 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070. BEING the same premises which THOMAS C. WETZEL, JR. AND MARY E. WETZEL (FORMERLY KNOWN AS MARY E. YOHN), HUSBAND AND WIFE by deed dated June 9, 2005 and recorded June 13, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 269, Page 1713, granted and conveyed to Maria B Williams, single woman, in fee. TAX MAP PARCEL NUMBER: 13-25-0008-243 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing LP V. Maria B Williams Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-8023 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Maria B Williams P.O. Box 17 New Cumberland, Pennsylvania 17070 > CO , - - 72- Your house (real estate) at 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070 is scheduled to be sold at Sheriffs Sale on March 7, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $186,712.47 obtained by Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP tka Countrywide Home Loans Servicing LP the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO 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, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff V. Maria B Williams Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-8023 Civil Term AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. M `BCD a= C- C-5 The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Maria B Williams P.O. Box 17 New Cumberland, Pennsylvania 17070 SWaMTE S 1? BE?Y OF , 20 1 arg are Gairo, Esquire 1 I (1A Attorne for Plaintiff N TARY PUBLIC Nl>/- - tj ! a arb f city Ot '?? SAN I2,20Ie WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8023 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOAN SERVICING LP, Plaintiff (s) From MARIA B. WILLIAMS (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: $186,712.47 L.L.: $.50 Interest from 9/15/11 - $5, 370.75 AT $30.69 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $234.60 Other Costs: Plaintiff Paid: Date: 10/18/11 ? - •' LDavidD. uell, Protho to y - -. t - (Seal) Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff V. Maria B Williams Defendant Attorney for Plaintiff c.: CUMBERLAND COUNT Y ' COURT OF COMMON PLEAS - :4 ?5-'-, Number 09-8023 Civil Term T-- C'. :I'- AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 17th day of January, 2012, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSW-A BEFORE THIS Y OF -1012 NOTARY' PUBLIC tr ? i,a EY CCU a McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff By &,r ??? TER CE . McCABE, ESQUIRE - 1D # 16496 MARC S. ISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff V. Maria B Williams Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-8023 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Maria B Williams P.O. Box 17 New Cumberland, Pennsylvania 17070 2. Name and address of Defendant in the judgment: Name Address Maria B Williams P.O. Box 17 New Cumberland, Pennsylvania 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 1774 Weatherburn Drive New Cumberland, Pennsylvania 17070 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite 4204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Name and address of Attorney of record: Name Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. January 17, 2012 Attorneys for Plaintiff DATE 13 TERRENCE . McCABE, ESQUIRE MARC S. W ISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP COURT OF COMMON PLEAS Plaintiff V. Maria B Williams Defendant DATE: January 17, 2012 TO: ALL PARTIES IN INTEREST AND CLAIMANTS CUMBERLAND COUNTY Number 09-8023 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Maria B Williams PROPERTY: 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 7, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. 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A A W O m .p A A A a QOQ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ???rxttt of cumber, "To I-, Lt U- BAC Home Loans Servicing, LP vs. Maria B. Williams Case Number 2009-8023 SHERIFF'S RETURN OF SERVICE 01/06/2012 08:14 PM - Deputy Michael Barrick, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1774 Weatherburn Drive, New Cumberland, Cumberland County, PA 17070. 01/06/2012 08:14 PM - Deputy Michael Barrick, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Maria B. Williams, pursuant to Order of Court by "Posting" the premises located at 1774 Weatherburn Drive, Lower Allen Township, New Cumberland, Cumberland County, PA 17070 with a true and correct copy according to law. 03/05/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,131.36 SO ANSWERS, March 21, 2012 RON RANDERSON, SHERIFF (c t ou -,vSuito Sheaf( Iegv-u:;)ft . 1, 1-1 0 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff V. Maria B Williams Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-8023 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owner or Reputed Owner Name Address Maria B Williams P.O. Box 17 New Cumberland, Pennsylvania 17070 2. Name and address of Defendant in the judgment: Name Address Maria B Williams P.O. Box 17 New Cumberland, Pennsylvania 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein P 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 which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 1774 Weatherburn Drive New Cumberland, Pennsylvania 17070 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 i United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name None c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. October 14, 2011 Margaret afro, Esquire DATE Attorney or Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point, said point being located the following four (4) courses and distances from Perimeter Coordinate 3 as shown on the As-Built Plan referenced herein: (1) by the curve to the right having a radius of 256.48 feet an arc distance of 27731 feet to a point at the intersection of Capital View Drive and the centerline of Weatherbum Drive; (2) along the centerline of Weatherburn Drive, South 88 degrees 38 minutes 45 seconds Fast, a distance of 118.0 feet to a point; (3) North 32 degrees 56 minutes 18 seconds West, a distance of 14.04 feet to a point; (4) North 57 degrees 03 minutes 42 seconds West, a distance of 43.49 feet to the point and place of BEGINNING; thence North 74 degrees 26 minutes 05 seconds Nest, a distance of 24.00 feet to a point; thence North 15 degrees 33 minutes 55 seconds East, a distance of 41.00 feet to a point; thence South 74 degrees 26 minutes 05 seconds East, a distance of 8.00 fret to a point; thence South 15 degrees 33 minutes 55 seconds West, a distance of 5.00 feet to a point; thence South'74 degrees 26 minutes 05 seconds East, a distance of 16.00 feet to a point; thence South 15 degrees 33 minutes 55 seconds West, a distance of 36 feet to the point and place of BEGINNING. BEING Unit No. 73, Building P, as shown on Amended Final Plan of Hunter"s Ridge recorded in Plan Book 58, Page 62 and as more particularly described on As-Built Plan of Section I, Hunter's Ridge dated November 7, 1989 and recorded,in Plan Book 59, Page 83. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions and other matters, if any, of record and which an inspection of the premises would disclose, including (i) the Amended Final Plan for the Planned Residential Development of Hunter's Ridge, recorded in Plan Book 58, Page 62; (ii) the Declaration bf Covenants, Conditions, Restrictions, and Easements for Hunter's Ridge recorded in Misc. Book 365, Page 372 (The "Declarations"); and (iii) any amendments bf modifications to the foregoing thereafter made in accordance with the provisiong of the Declaration. BEING KNOWN AS 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070. BEING the same premises which THOMAS C. WETZEL, JR. AND MARY E. WETZEL (FORMERLY KNOWN AS MARY E. YOHN), HUSBAND AND WIFE by deed dated June 9, 2005 and recorded June 13, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 269, Page 1713, granted and conveyed to Maria B Williams, single woman, in fee. TAX MAP PARCEL NUMBER: 13-25-0008-243 Mc('ABR, WEASBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRF. - ID # 16496 MARC S. WTISBERG, I SQUIRE - II) 11 17616 I!;DMIARD 1). CONVVAY, ESQUIRE - II) # 34687 tIN7ARGARET GAIRO, ESQI'IRE - Ill # 34419 123 South Broad Street, Suite. 2080 Philadelphia, Pennsylvania 19109 215 790-101.0 13AC Home Loans Servicing, 1-1' flci C'ountry«ide Ilomc I,o"tns Servicing 111 Plaintiff, v. Maria 13 Williams Defendant Attorneys for Plaintiff Cumberland County C.'Olrl"t of Cunnnon Plcas Number 09-8023 Civil Term ORDER AND NOW, this f7?kay of. 2, 20116, the Plaintiff is granted leave to serve the. Complaint in Mortgage foreclosure and all other subsequent pleadings upon the Defendant, Maria 13 Williams, by regular mail and by certified mail, return receipt requested, to her last known address of P.O. Box 17, New Cumberland Pennsylvania 17070 and by posting the Complaint at the mortgaged premises of 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070. BY 141E COURT: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP v. Maria B Williams Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-8023 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Maria B Williams P.O. Box 17 New Cumberland, Pennsylvania 17070 Your house (real estate) at 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070 is scheduled to be sold at Sheriffs Sale on March 7, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $186,712.47 obtained by Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fica Countrywide Home Loans Servicing LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HERE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point, said point being located the following four (4) courses and distances from Perimeter Coordinate 3 as shown on the As-Built Plan referenced herein: (1) by the curve to the right having a radius of 256.48 feet an arc distance of 277.31 feet to a point at the intersection of Capital View Drive and the centerline of Weatherburn Drive; (2) along the centerline of Weatherburn Drive, South 88 degrees 38 minutes 45 seconds East, a distance of 118.0 feet to a point; (3) North 32 degrees 56 minutes 18 seconds West, a distance of 14.04 feet to a point; (4) North 57 degrees 03 minutes 42 seconds West, a distance of 43.49 feet to the point and place of BEGINNING; thence North 74 degrees 26 minutes 05 seconds West, a distance of 24.00 feet to a point; thence North 15 degrees 33 minutes 55 seconds East, a distance of 41.00 feet to a point; thence South 74 degrees 26 minutes 05 seconds East, a distance of 8.00 feet to a point; thence South 15 degrees 33 minutes 55 seconds West, a distance of 5.00 feet to a point; .thence South 74 degrees 26 minutes 05 seconds East, a distance of 16.00 feet to a point; thence South IS degrees 33 minutes 55 seconds West, a distance of 36 feet to the point and place of BEGINNING. BEING Unit No. 73, Building P, as shown on Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, Page 62 and as more particularly described on As-Built Plan of Section I, Hunter's Ridge dated November 7, 1989 and recorded in Plan Book 59, Page 83. UNDER AND SUBJECT, NEVERTHELESS, to casements, restrictions and other matters, if any, of record and which an inspection of the premises would disclose, including (i) the Amended Final Plan for the Planned Residential Development of Hunter's Ridge, recorded in Plan Book 58, Page fit; (ii) the Declaration df Covenants, Conditions, Restrictions, and Easements for Hunter's Ridge recorded in Misc. Book 365, Page 372 (The "Declarations"); and (iii) any amendments bf modifications to the foregoing thereafter made in accordance with the provision's of the Declaration. BEING KNOWN AS 1774 Weatherburn Drive, New Cumberland, Pennsylvania 17070. BEING the same premises which THOMAS C. WETZEL, JR. AND MARY E. WETZEL (FORMERLY KNOWN AS MARY E. YOHN), HUSBAND AND WIFE by deed dated June 9, 2005 and recorded June 13, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 269, Page 1713, granted and conveyed to Maria B Williams, single woman, in fee. TAX MAP PARCEL NUMBER: 13-25-0008-243 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-8023 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOAN SERVICING LP, Plaintiff (s) From MARIA B. WILLIAMS (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: $186,712.47 L.L.: $.50 Interest from 9/15/11 - $5, 370.75 AT $30.69 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $234.60 Other Costs: Plaintiff Paid: Date: 10/18/11 ZL David D. uell, Protho (Seal) Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 TRUE COPY FROM RECORD In Testimcny whereof, I here unto set my hand and the seal of said Court at 1C?arrksle, Pa. i W-1(,"2 01_ This _? day of n Ie Prothonotary ` r? , c40z?o bll-t On October 27, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 1774 Weatherburn Drive, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date October 27, 2011 By: Real Estate Coordinator Z0 :t ci 8 1 00 i101 A . a• PHELAN HALLEVAN, LT,P.•- - Attorney•for Plaintiff c.- 'F'.1-1•-: John Michael Kolesnik,Esq., Id. No.308877 .., ; • 1617 JFK Boulevard, Suite 1400' . w •`'Ac_� .. ••• One Penn Center Plaza • • • �= _, ' Philadelphia,PA 19103 ca _ .1 John.Kolesnik @phelanhallinan.com - • p a c-r, •215 563 7000 -P ' . BANK OF AMERICA, N.A., AS SUCCESSOR • . • • . BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME : COURT OF COMMON PLEAS LOANS SERVICING LP : CIVIL DIVISION Plaintiff : • CUMBERLAND COUNTY vs. • : No. 2009-8023 MARIA B. WILLIAMS Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: • • Kindly enter our appearance as counsel on behalf of the Plaintiff, BANK OF AMERICA, ' • • • • • N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOAN.SERVICING,LP FKA . • COUNTRYWIDE HQME LOANS SERVICING LP in,the above captioned matter. . • • Phelan Hallina LLP Date: //i . % By: ,,/ Jivo Michael Kolesnik, Esq., Id. /1o.308877 Attorney for Plaintiff Phelan Hallinan, LLP PH#936160 • •. • PHELAN HALLINAN, LLP S • • • Attorney for Plaintiff •• • John Michael Kol• snik,.Esq., Id. N_ o.308877 • 1617 JFK Boulevard, Suite 1400 •• • One Penn.Center Plaza• • Philadelphia, PA 19103 Jdhn.Kolesnik @phelanhallinan.coln •• • • 215-563-7000 . . • .. • • BANK OF AMERICA, N.A., AS SUCCESSOR : • BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME : • LOANS SERVICING LP : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. • CUMBERLAND COUNTY MARIA B. WILLIAMS No. 2009-8023 Defendant . CERTIFICATION OF SERVICE 1 hereby certify a true and correct copy of the foregoing Entry of Appearance was served by regular mail on Defendant(s) on the date listed below: . MARIA B.WILLIAMS • MARIA B.WILLIAMS 1774 WEATHERBURN DRIVE P:O. BOX 17 . • . • NEW CUMBERLAND, PA 17070 • NEW CUMBERLAND, PA 17070 Phelan Hallinan, LLP Date: By: //2t (/"/h7f h• ichael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Phelan Hallinan, LLP PH#936160 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff V. MARIA B. WILLIAMS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/15/2011 to Date of Sale ($0.00 per diem) TOTAL Note: Please attach description of property. PH # 936160 : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 2009-8023 CUMBERLAND COUNTY $186,721.47 $30,505.86 $217,227.33 al man, LLP ichael Kolesnik, Esq., Id. No.308877 orney for Plaintiff 5 Gu a . So L+t- net s))9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff V. MARIA B. WILLIAMS Defendant(s) I P ECIPE FOR WRIT OF EXECUT ON (Mortgage Foreclosure) Filed: Phe a inan, LLP ichael Kolesnik, Esq., Id. No.308877 orney for Plaintiff Address where papers may be served: MARIA B. WILLIAMS 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point, said point being located the following four (4) courses and distances from Perimeter Coordinate 3 as shown on the As-Built Plan referenced herein: (1) by the curve to the right having a radius of 256.48 feet au arc distance of277.3l feet to a point at the intersection ofCapital View Drive and the centerline o[Wca1berbnro Drive; (2) along the centerline ofWeatherburn Drive, South 88 degrees 38 minutes 45 seconds East, a distance of 118.0 feet to a point; (3) North 32 degrees 56 minutes 18 seconds West, a distance of 14.04 feet to a point; (4) North 57 degrees 03 minutes 42 seconds West, a distance of 43.49 feet to the point and place of BEGINNING; thence North 74 degrees 26 minutes 05 seconds West, a distance of 24.00 feet tnm point; thence North 15 degrees 33 minutes 55 seconds East, a distance o[4l.00 feet toupoint; thence South 74 degrees 26 minutes 05 seconds West, a distance of 24.00 feet to a point; thence North 15 degrees 33 minutes 55 seconds East, a distance of 41.00 feet to a point; thence south 74 degrees 26 minutes 05 seconds East, a distance of 8,00 feet to a point; thence South 15 degrees 33 minutes 55 seconds West, a distance of 5.00 feet to point; thence South 74 degrees 26 minutes 05 seconds East, a distance of 16.00 feet to a point; thence South 15 degrees 33 minutes 55 seconds West, a distance of 36 feet to the point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to easements, restriction and other matters, if any, of record and which an inspection of the premises would disclose, including (i) the Amended Fina Plan for the Planned Residential Development of Hunter's Ridge, recorded in Plan Book 58, Page 51; (ii) the Declaration of Covenants, Conditions, Restrictions and Easements for Hunter's Ridge recorded in Misc Book 365, page 372 (The 'Deciarations'); and (iii) any amendments of rnodifications to the foregoing thereafter made in accordance with the provisions ofthe Declaration. TJTLE TO SAID PREMISES IS VESTED IN Anthony J. Ogozalek, by Deed from Aithony Ogozalek and Donna Ogozalek, b/v/ dated 10/20/2006, recorded 11/14/2006 in Book 5011, Page 922. PREMISES BEING: 1774 WEATFLERBURN DRIVE, NEW CUMBERLAND, PA 17070 PARCEL NO. 13-25-0008-243 PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 FILE 308877; 1HE PROTHONOTAi'0, 2Giti MAR -6 AM 10: 52 CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. MARIA B. WILLIAMS Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS • : CIVIL DIVISION : NO.: 2009-8023 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non-owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: /41P- P Hallinan, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRTWIDE HOME LOANS SERVICING LP Plaintiff v. MARIA B. WILLIAMS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2009 -8023 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1774 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertain please so indicate) c) MARIA B. WILLIAMS 1774 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Name MARIA B. WILLIAMS Address (if address cannot be reasonably ascertained, please so indicate) 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) HUNTER'S RIDGE HOMEOWNERS 345 MAIN ST ASSOCIATION HARLEYSVILLE, PA 19438 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN RD NEW CUMBERLAND, PA 17070-2428 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 (if address cannot be PH # 936160 reasonably ascertained, please indicate) None. '0 Name and address of every other person of whom the plaintiff has knowledge who has any interest in be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108 -1754 e property which may 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.A. § 4904 relating to unsworn falsification to authorities. Date: /‘% PH # 936160 By: Pjs' Ian Hallinan, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO t;AC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP MARIA B. WILLIAMS vs. Plaintiff Defendant(s) : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 2009-8023 CUMBERLAND 0L41T'.' C� a NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARIA B. WILLIAMS 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 1774 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $186,721.47 obtained by BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215 -563 -7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215 -563 -7000. •.2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215 -563 -7000. 4. I.f the amount due from the I uyer 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 -a„ LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point, said point being located the following four (4) courses and distances from Perimeter Coordinate 3 as shown on the As -Built Plan referenced herein: (1) by the curve to the right having a radius of 256.48 feet an arc distance of 277.31 feet to 'a point at the intersection of Capital View Drive and the centerline of Weatherburn Drive; (2) along the centerline of Weatherburn Drive, South 88 degrees 38 minutes 45 seconds East, a distance of 118.0 feet to a point; (3) North 32 degrees 56 minutes 18 seconds West, a distance of 14.04 feet to a point; (4) North 57 degrees 03 minutes 42 seconds West, a distance of 43.49 feet to the point and place of BEGINNING; thence North 74 degrees 26 minutes 05 seconds West, a distance of 24.00 feet to a point; thence North 15 degrees 33 minutes 55 seconds East, a distance of 41.00 feet to a point; thence South 74 degrees 26 minutes 05 seconds West, a distance of 24.00 feet to a point; thence North 15 degrees 33 minutes 55 seconds East, a distance of 41.00 feet to a point; thence south 74 degrees 26 minutes 05 seconds East, a distance of 8.00 feet to a point; thence South 15 degrees 33 minutes 55 seconds West, a distance of 5.00 feet to point; thence South 74 degrees 26 minutes 05 seconds East, a distance of 16.00 feet to a point; thence South 15 degrees 33 minutes 55 seconds West, a distance of 36 feet to the point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions and other matters, if any, of record and which an inspection of the premises would disclose, including (i) the Amended Final Plan for the Planned Residential Development of Hunter's Ridge, recorded in Plan Book 58, Page 51; (ii) the Declaration of Covenants, Conditions, Restrictions and Easements for Hunter's Ridge recorded in Misc Book 365, page 372 (The 'Declarations'); and (iii) any amendments of modifications to the foregoing thereafter made in accordance with the provisions of the Declaration. TITLE TO SAID PREMISES IS VESTED IN Anthony J. Ogozalek, by Deed from Anthony Ogozalek and Donna Ogozalek, h /w, dated 10/20/2006, recorded 11/14/2006 in Book 5011, Page 922. PREMISES BEING: 1774 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070 PARCEL NO. 13 -25- 0008 -243 SHORT DESCRIPTION By virtue of a Writ of Execution No. 2009-8023 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP v. MARIA B. WILLIAMS owner(s) of property situate in the CUMBERLAND County, Pennsylvania, being 1774 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070 Parcel No. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $186,721.47 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 09 -8023 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff (s) From MARIA B. WILLIAMS (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: $186,721.47 L.L.: $.50 Interest FROM 9/15/2011 TO DATE OF SALE ($0.00 PER DIEM) - $30,505.86 Atty's Comm: Atty Paid: $260.60 Plaintiff Paid: Date: 3 /6/14 Due Prothy: $2.25 Other Costs: a2AAZe-t—HI David D. Buell, Prothonotary REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215 -563 -7000 Supreme Court ID No. 308877 Deputy i13' 17-1 }AI Phelan Hallinan, LLP r , ? , Jonathan M. Etkowicz, Esq., Id. No.208786 V Lit rr'" ` 12 [< I1 ITORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CtR°TERLAID COLI; T One Penn Center Plaza ;rv'L.I'NS yLv, tdp Philadelphia, PA 19103 j onathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME Civil Division LOANS SERVICING LP Plaintiff CUMBERLAND County v. No.: 2009-8023 MARIA B. WILLIAMS Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 18, 2009. 2. Judgment was entered on September 21, 2011 in the amount of $186,721.47. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 4, 2014. 936160 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through March 6, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Escrow Deficit $142,924.16 $62,998.30 $344.54 $2,075.00 $133.09 $343.50 $457.65 $12,709.72 TOTAL $221,985.96 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 9, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 936160 WHEREFORE, Plaintiffrespectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Jona an E&owicz, Esquire ATT EY FOR PLAINTIFF 936160 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME Civil Division LOANS SERVICING LP Plaintiff CUMBERLAND County v. No.: 2009-8023 MARIA B. WILLIAMS Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MARIA B. WILLIAMS executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1774 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 936160 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 936160 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 936160 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 936160 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 936160 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 936160 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 936160 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on tern -is of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP . Etkowicz, Esquire orney for Plaintiff 936160 Exhibit "A" 4111/4 936160 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Maria B Williams Plaintiff v. Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-8023 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above -captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 11/18/09 to 09/14/11 Total $ 165,873.33 $ 20,839.14 186,712.47 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE Attorneys for Plaintiff AND NOW, this 9Js+ day of _Qeisember , 2011, Judgment is entered in favor of Plaintiff, Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, and against Defendant, Maria 13 Williams, and damages are assessed in the amount of $186,712.47, plus interest and costs. BY TH PROTHONOTARY: •b *14. 00 Pa frmi C*-1q9q3a. JW „gigs No-fiCe. Makild Exhibit "B" 936160 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania May 1, 2014 MARIA B. WILLIAMS 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 RE: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP v. MARIA B. WILLIAMS Premises Address: 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 2009-8023 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 5/6/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V, ,i t�'u, . ,our Jo, an Etkowicz, Esq., Id. No.208786 Att cy for Plaintiff Enclosure 936160 Name and Address Of Sender 6J. KBnule LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 H Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** MARIA B. WILLIAMS 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 $0.47 2 **** MARIA B. WILLIAMS P.O.BOX 17 NEW CUMBERLAND, PA 17070 $0.47 RE: MARIA B. WILLIAMS (CUMBERLAND) PH # 936160/1200 Page 1 of 1 $0.94 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Otiice Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The m< for the reconstruction of nonnegotiable documents tater Express Mail document reconstruction it piece subject to a limit ofS500,000 per occurrence. The maximum indemnity payable on Express The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. Se R900 5913 and S921 for limitations of coverage. Form 3877 Facsimile 936160 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County v. No.: 2009-8023 MARIA B. WILLIAMS Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. MARIA B. WILLIAMS 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 DATE: g7( By: MARIA B. WILLIAMS P.O. BOX 17 NEW CUMBERLAND, PA 17070 Phelan Hallinan, LLP J an M. Etkowicz, Esquire A ORNEY FOR PLAINTIFF 936160 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME Civil Division LOANS SERVICING LP Plaintiff CUMBERLAND County v. No.: 2009-8023 MARIA B. WILLIAMS Defendant RULE AND NOW, this / y ' day of rnc.., 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. AZBY THE COURT J. .73 936160 y nathan M. Etkowicz, Esq., Id. No.208786 Phelan Hall inan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 B. WILLIAMS 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 a Ti'es P2,a,LL B. WILLIAMS P.O. BOX 17 NEW CUMBERLAND, PA 17070 936160 936160 6:: PE1,!NS YL PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 0 1; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, NA., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff, V. MARIA B. WILLIAMS Defendant(s) : CIVIL DIVISION : No.: 2009-8023 Attorney for Plaintiff NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 06/04/2014 at 10:00 AM in the above -captioned matter has been continued until 07/02/2014 at 10:00 AM. Date: PH # 936160 Jon. an Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 VM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff, Attorney for Plaintiff : CIVIL DIVISION v. : No.: 2009-8023 MARIA B. WILLIAMS Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriff's Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: MARIA B. WILLIAMS 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 Date: PH # 936160 MARIA B. WILLIAMS P.O. BOX 17 NEW CUMBERLAND, PA 17070 Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.20039121, 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 , y ;tr . 23 k; (lH@RL A N , COUN- PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff ;ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County vs. No.: 2009-8023 MARIA B. WILLIAMS Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 14, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. MARIA B. WILLIAMS 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 DATE ChON By: MARIA B. WILLIAMS P.O. BOX 17 NEW CUMBERLAND, PA 17070 Phelan Halli n, LLP obe , Esq., Id. No.200392. Attorney for ' aintiff 936160 e PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 '7! 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215 -563 -7000 1 ! n N (t torney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING : COURT OF COMMON PLEAS LP Plaintiff, . CIVIL DIVISION v. No.: 2009-8023 MARIA B. WILLIAMS Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A ". Date: $'/z 8/(9 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 936160 Name and Address Of Sender tttat °cta� Foes Liked by S,.nd r Farm 38777 Phelan Hallman LLP 1617 to Ntt !' One Pen C enter plaza tHte 1400 Nye. of Ida, PA 1910 Add :.�,� Stree 1 *�NTIQCCUpAIyT and Post ( jce Addrs GIL . «: CRm 'i 'AND DRIVE /7 345 r5 RIDGE A I7070. MAIN ST NOMEa ysv>Y L . WARS ASSpC .GU + .R AL PA. 1�8 IATION 120,L; ALLEN ....._VV CUMBERLAND AC I^NORlTy C ne RELATIONS 1S 17(}70 28 13 NORTH HANOVER COMMONWEALTH OP A 17013 STET P p gQX :OF yEL�A S�'LV.4NIA , U PA I ?10S L1NTF, A L REVE SE ADV1$ O R Y 1 LTY AVENUE R0014 704 B R P A 1 5222 US. DEPARTIONT U.S A"lY}pC'.tUST10E PEDER;�LR ENE Pp 228 O; NUTTREET MIDDLE Dry RIOT OF PA 11754 , SUITE 220 RRISBUAG . PA 17108 -1754 RI Post Of4c 06/04/2014 SALE F 0 toile ThcIWf i3� h to limit li " I nonnegotiable all do u $3.29 ^uximu ��,Opp urrcnts unary £p tTs Mad at ru n R 5913 m 1for'piy�D{��G�rpucurrnce. Mai] it. arxf 1 for Se-7,for da-u The timitabieL 5,000 �Cr'U [iil. se tn({m"!i Sec imami • for Mr: �g`slrtud mail. sent a iih o�tY cna� �� xnMail rrk�haruft� ,rbk Ac boniest c `� " $S(N}. Mai! R9anua! Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174C ._!T :: - 5 14 0: 5 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza C U I` E R L A N D CHIT( Philadelphia, PA 19103 Y VAN rk Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. MARIA B. WILLIAMS Court of Common Pleas Civil Division CUMBERLAND County No.: 2009-8023 Defendant MOTION TO MAKE RULE ABSOLUTE BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on May 12, 2014. 2. A Rule was, issued by the Honorable Kevin A. Hess on or about May 14, 2014 directing the Defendant to show cause by June 3, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on May 22, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of June 3, 2014. 936160 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: (stfiy By: Phelan Hallinan, LLP Jve.than Lobb, Esq., Id. No.312174 Attorney for Plaintiff 936160 Exhibit "A" 936160 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FICA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v, MARIA B. WILLIAMS Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 2009-8023 RULE AND NOW, this NA. day of 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT C.) cz ti771 ..r"" 936160 Jonathan M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 MARIA 13. WILLIAMS 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 MARIA B. WILLIAMS P.O. BOX 17 NEW CUMBERLAND, PA 17070 936160 936160 Exhibit "B" 936160 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME Civil Division LOANS SERVICING LP Plaintiff CUMBERLAND County vs. No.: 2009-8023 MARIA B. WILLIAMS Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Courts May 14, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. MARIA B. WILLIAMS 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 DATE: By: MARIA B. WILLIAMS P.O. BOX 17 NEW CUMBERLAND, PA 17070 Phelan 1-]aiih:`=:.n, LLP Koh , Esq., Id. No.200392 for 1 .ai stiff 936160 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County vs. No.: 2009-8023 MARIA B. WILLIAMS Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. MARIA B. WILLIAMS 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 DATE: y MARIA B. WILLIAMS P.O. BOX 17 NEW CUMBERLAND, PA 17070 Phelan Hallinan, LLP By: Jo an obb, Esq., Id. No.312174 Attorney for Plaintiff 936160 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. MARIA B. WILLIAMS Defendant AND NOW, this ORDER day of iv- , 2014, upon consideration of Plaintiff's Court of Common Pleas Civil Division CUMBERLAND County r) No.: 2009-8023 —0 a rn rn r— r r - < CD _ Q >Cv i Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through March 6, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Escrow Deficit TOTAL Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. $142,924.16 $62,998.30 $344.54 $2,075.00 $133.09 $343.50 $457.65 $12,709.72 $221,985.96 936160 i Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff '21214 JULj Tti,. cufB 23 10.4 PEIVNS V � IA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. MARIA B. WILLIAMS Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 2009-8023 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP TRUST 3 as successor Plaintiff for the originally named Plaintiff. Date: The material facts on which the right of succession and substitution are based as follows: CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP TRUST 3 is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 06/06/2014 in Instrument No. 201412046 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. PH # 936160 INA k By: Co tenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff CLIO '599,S3p � /2-# s4ciu Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. MARIA B. WILLIAMS Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 2009-8023 PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above -captioned matter to the use of CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP TRUST 3, located 1661 WORTHINGTON ROAD, SUITE 100 WEST PALM BEACH, FL 33409 ire (�K Date: PH # 936160 PHELAN ! INAN, LLP By: Courtenay R. Dunn, Esq., I. o.206779 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. MARIA B. WILLIAMS Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 2009-8023 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP TRUST 3 Date: PH # 936160 `Z (eft k PHELAN HAJLNN, LLP By: Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. MARIA B. WILLIAMS Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 2009-8023 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP TRUST 3, Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: MARIA B. WILLIAMS 1774 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 Date: I rem ii(( PHELAN HALL IIy N, LLP By: Couinay it Dunn, Esq., Id. No.206779 Attorney for Plaintiff