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HomeMy WebLinkAbout09-8832Zy" Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. MELISSA M. BEERS THOMAS A. BEERS 735 MEADOW DRIVE CAMP HILL, PA 17011-1720 Defendants ATTORNEY FOR PLAINTIFF 221980 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0?._ CO-OC"'3.1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File N: 221980 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE; THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 221980 1. Plaintiff is BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: MELISSA M. BEERS THOMAS A. BEERS 735 MEADOW DRIVE CAMP HILL, PA 17011-1720 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/20/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR KEY FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200805059. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File 9 ' 221980 6 The following amounts are due on the mortgage: Principal Balance $200,986.92 Interest $11,156.24 03/01/2009 through 12/21/2009 (Per Diem $37.69) Attorney's Fees $1,300.00 Cumulative Late Charges $456.89 02/20/2008 to 12/21/2009 Cost of Suit and Title Search 550.00 Subtotal $214,450.05 Escrow Credit $0.00 Deficit $1,783.43 Subtotal $1,783.43 TOTAL $216,233.48 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 221980 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $216,233.48, together with interest from 12/21/2009 at the rate of $37.69 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP BY: ? Lawrence T. Phelan, Esq., Id. No. 32227 9-Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File 4: 22 1Sao LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the Township of East Pennsboro, County of Cumberland, Pennsylvania, bounded and described as follows: BEGINNING at a point on the north side of a fifty (50) foot road known as Meadow Drive, at the corner of Lot No. 58 in the plan of lots hereinafter mentioned; thence along the north side of Meadow Drive North 67 degrees 20 minutes East one hundred (100) feet to the corner of Lot No.60 on the hereinafter mentioned plan of lots; thence along the line of Lot No. 60 North 22 degrees 40 minutes West one hundred seventy (170) feet to a point; thence along the rear line of Lots Nos. 49 and 50 in the hereinafter mentioned plan of lots one hundred (100) feet to a point; thence along the line of Lot No. 58 aforesaid South 22 degrees 40 minutes East one hundred seventy (170) feet to a point on the north side of Meadow Drive, the place of BEGINNING. BEING Lot No. 59 in the plan of lots known as West Creek Hills, laid out by D. P. Raffensperber, Registered Surveyor, for Clyde O. Smyser, said plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 8, Page 4. HAVING thereon erected a single dwelling. BEING THE SAME premises which Karen R. Lake, now known as Karen R. Ross, by deed dated January 27, 2003 and recorded February 10, 2003 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 255, Page 3526, granted and conveyed unto Karen R. Ross, Grantor herein. PARCEL NO: 09-18-1304-125 PROPERTY ADDRESS: 735 MEADOW DRIVE File #: 221980 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa. R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: 2 G j/ ')VaK? Attorney for Plaintiff File #: 221980 'P J .DO Pct a //y SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy 01 euznb't4lllo OF r = : 41 0F THE REDO)rE ONO MY Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor BAC Home Loans Servicing, LP vs. Melissa M. Beers 2819 JAN `5 PM 2128 pft"" Case Number 2009-8832 SHERIFF'S RETURN OF SERVICE 12/30/2009 02:20 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on December 30, 2009 at 1420 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Thomas A. Beers, by making known unto Frank Stanton, Cousin of defendant at 735 Meadow Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 12/30/2009 02:20 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on December 30, 2009 at 1420 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Melissa M. Beers, by making known unto Frank Stanton, Cousin of defendant at 735 Meadow Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $57.50 December 31, 2009 SO ANSWERS, opow! p R THOMAS KLINE, SHERIFF J4?riff IC? Coun`ySu to Sherd}, Te oosott Inc_ --, , ,~.. ii ~ t ~, - Z~f~J J~~ 27 ~ ~ ~~ 2r Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 -Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 r ATTORNEY FOR PLAINTIFF BAC HOME LOANS SERVICING, L.P. Plaintiff vs. COURT OF COMMON PLEAS CIVIL DIVISION N0.09-8832 CIVIL TERM MELISSA M. BEERS : CUMBERLAND COUNTY THOMAS A. BEERS . Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 221980 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ~~ ^ Lawrence T. Phelan, Esq., Id. No. 32227 [~ancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 1-25-10 PHS #: 221980 VERIFICATION Assistant Secretary i3en~amin Hillis hereby states that he/she is of BAC HOME LOANS SERVICING, L.P., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ,jA~! ~ ~ 1Q10 ame• ~^ in Hillis-Asst. Secretary Title: Company: BAC HOME LOANS SERVICING, L.P. File #: 221980 Beers Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. i'~o. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. Plaintiff vs. MELISSA M. BEERS THOMAS A. BEERS COURT OF COMMON PLEAS CIVIL DIVISION N0.09-8832 CIVIL TERM CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: MELISSA M. BEERS 735 MEADOW DRIVE CAMP HILL, PA 17011-1720 PHS #: 221980 THOMAS A. BEERS 735 MEADOW DRIVE CAMP HILL, PA 17011-1720 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ,/ o ^ Lawrence T. Phelan, Esq., Id. No. 32227 [.~]'~rarcis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 1-25-10 PHS #: 221980 F1L~D-~~FFIC~ t~~ ?? ~~ f'~R~JT ~~nTI~~Y 2~i0fEB I i P1~ I~~3 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 BAC Home Loans Servicing, L.P. Plaintiff vs. Melissa M. Beers Thomas A. Beers Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 09-8832-Civil Term PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Plaintiff, BAC Home Loans Servicing, L.P., by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendants, Melissa M. Beers and Thomas A. Beers and in support thereof, states as follows: Plaintiff incorporates herein by reference the averments of paragraphs one (1) through nine (9) of its Complaint as if set forth herein at length. 10. Denied. It is specifically denied that Plaintiff's Complaint seeks to enforce any liability for a deficiency judgment. Plaintiff s Complaint in Mortgage Foreclosure seeks an in rem judgment against the mortgaged property. Plaintiff is not seeking an in nersonam judgment against the Defendants. Strict proof to the contrary is demanded. 11. Denied. The averment of paragraph eleven (11) contains a conclusion of law to which no response is necessary. To the extent that a response is required, personal service of the Complaint in Mortgage Foreclosure was made upon the Defendants at the mortgaged property on December 30, 2009 two days after the filing of the Complaint in Mortgage Foreclosure. Strict proof to the contrary is demanded. 12. Denied. The averment of paragraph twelve (12) contains a conclusion of law to which no response is necessary. To the extent that a response is required, it is specifically denied that Plaintiff has failed to state a cause of action. Plaintiff's Complaint in Mortgage Foreclosure is filed pursuant to Pa.RC.P. 1141 et seq. and based upon a default under the terms of the mortgage executed by the Defendants. A copy of the mortgage is attached hereto, incorporated herein and marked as Exhibit "A". 13. Denied. The averment of paragraph thirteen (13) contains a conclusion of law to which no response is necessary. To the extent that a response is required, Plaintiff has named all proper parties in its Complaint in Mortgage Foreclosure consistent with Pa.R.C.P. 1144. 14. Denied. The averment of paragraph fourteen (14) contains a conclusion of law to which no response is necessary. To the extent that a response is required, it is specifically denied that Plaintiff is the appropriate party to commence the Complaint in Mortgage Foreclosure. Plaintiff is the holder of the Mortgage by virtue of assignment of mortgage which was recorded on December 3, 2009 at Instrument No. 200940256 in the Recorder of Deeds Office of Cumberland County. A copy of the Assignment is attached hereto, incorporated herein and marked as Exhibit «B„ WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiff s Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: Z 8 n By: Jose h .Schalk, Esquire Atto ev for Plaintiff This Instrument Prepared By: After Recording Return To: ' KEY•FINANCIAL CORPORATION 3631 131ST AVENUE NORTH CLEARWATER, FLORIDA 33762 Loan Number: 175716267 Uniform Parcel Identifier Number: O 9 -18 -13 O 4 -12 S Property Address: 735 MEADOW DRIVE CAMP HILL, PENNSYLVANIA 17011 [Space Above This Line Fa' Recording Dalai ., n-:^^.~r n ; ~-, tom....-•5 ~;r, j , ~~..F ' ... ; ~ . M~RT.GAGE FHA CASE NO. 441a14ooal~ MIN:100268908011800033 THIS MORTGAGE ("Security Instrument"} ~ given on FEBRUARY 2 O , 2 00.8 The mortgagor is MELISSA M. BEERS AND THOMAS A. BEERS, WIFF~. AND HUSBAND ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("HERS") (solely as nominee •for,Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MFRS is organized and existing under the Iaws of Delaware, and has an address and telephone number of P.O. Box 2028, Flint, MI 48501- 2028, teI. (8$8) 879-MHRS. KEY FINANCIAL CORPORATION, A FLORIDA C0.32PORATION ("Lender") is organized and existing under the laws of FLORIDA and has an address of 3631 131ST AVENUE NORTH, CLEARWATER, FLORIDA 33762 , Borrower owes Lender the principal sum of TWO HUNDRED THREE THOUSAND ONE HUNDRED FIFTY-TWO AND 00/100 Dollars ('U.S. S 203, 152.00 ). 'This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), whtch provides for monthly payments. with the full debt, if not paid earlier, due and payable on MARCH 1, 2 0 3 8 Borrower Initials: Docraay~c e+Ravwna saoe~arsaz Page 7 of 1O www.dobmay/c.cam This Security Instrument secures to Leader. (a), the repayment oP the debt evidenced by the Note, with interest, and all renewals, extensions and utodificatioru of the Note; (b) the payment of all other scans, with interest, advanced under paragraph 7 to protect the securi[y'of this Security Instrument: and (c) the performance of Borrower `s covenants and agreementsunder thb Security Instrument and We Note. For this purpose,•Borrowerdow hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property Iocated in CUMBERLAND County, Pennsylvania: S~$ E73~IIBTT' "A" ATTACHED HERETO AND MADE A PART HEREOF A.P.N.: 09-18-1304-125 which has the address of 735 MEADOW DRIVE . [Streetl . CAMP H T LL ,Pennsylvania 17 011 ("Property Address"): ICttYI [Ztp Codel TOGHTHER WITH all the improvements now or hereafter erected, on the property, and ail easements; appurtenartces, and fixtures aow•or hereafter a part of the property. AU reglacemeats sad 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 agreesthat MFRS holds only legal title to the interests granted by8orrower in thLv Security Instfum'ent; but, if necessary to comply vyith law or custom, ~vISRS (as nominee for Leader sad Lender's successors " • and assigns) has the right: to exercise nay or ail of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lander including, bnt not limited to, releasing or canceling this Security Instrument. BORROWER CO'SlENANTS the! Borrower is lawfully se[sed of the 'estate hereby conveyed and' has the right to mortgage, great and Convey the Property and that the Prnperty is unencumbered, except for enctmtbrances of record. BotroVVer warrants and wail defend generally the title to the ,Property against a1i claims and demands, subject to any encumbrances of record, THIS SECURITY IIVSTRUM~N'i' combines urdforrh covenants for national use aridaon-uniform covenants with 2iaKited variations by jnrisdiction•to constitute' a uniform security instrument coverltyg real property. UNIFORM COVENANT'S. Borrower and.Lender covenant and agree as•follows: I. 'Payment of Prindpal, Interest and Late Charge. Borrower shall pay when due the prlndpal of, and interest on, the debt evidenced by the Note and late charges due tinder the Note. 2. ~MonthIy Phyment of Taxes, Insurance, and Other Charges. Borrower shall include is each monthly payment, tggether with tIle principal and interest as set forth is the Note and any late charges, a shin for (a) taxes and special assessments levied or to be levied against the Property, (b} leasehold payments or• ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in . Borrower Initials: 1't'~f~ Rage 2 of 1 O DocM~ylc which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also lnrlude either: (i) a sum for the annual mortgage insurance premium to be paid 6y Lender to~ the Secretary, or (fig a monthly charge instead of a.moitgage insurance premium if this Security Instrument fs held by the Secretary, in a reasonable amount to be determ_ fined by the Secretary. Except for the monthly charge by the Secretary, these items are called `Escrow Items" and the spins paid to Leader are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that stay be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. §2fi01 gs sea. and implesnenUng regulations, 24 CFR Part 3500, as they may be amended from tlriie to time (" RESPA ") , except that the cushion or. reserve permitted by RESPA for unanticipated disbursements dr disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. . If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Leader shall account to 1orrower for the excess funds as required by I2FSI'A: If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Fscrow~Fuads are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shalt be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance prern~um installment that Lender has not become obligated to pay to the Secretary, and Lander shall promptly refund a~ excess foods to Borrower. Immediately prior to a foYeclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited wish any balance remaining for all installments foF items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: IRS , to the mortgage insurance premium to be paid by Lender to the Secretary or to'the monthly Charge by the Secretary instead of the monthly mortgage insurance premium: . SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance pren>iums,• as required; ' Tom, tb interesC due under the Note; FOURTH, Yo amortization of the principal of the Note; and FIFTH, to late charges due under the Note. ' 4. Fire. Flood and Other Hazard Insurance, Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender regatres instu~ance. This insurance shall be mai~ptained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequenQy erected, against loss by, floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, end fn a form acceptable to,~Lender. In the event of Loss. Borrower shall give Lender immediate notice by mail. Lender ntay make proof of loss if not made protnpfly by Borrower., Each insurance company concerned is herelyy authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds• may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, Silt to any delinquent amounts applied in the order im paragraph 3, and'then to prepayment of principal; or.:(b) to the restoration or repair of the damaged Property. 'Any application of the proceeds to the prindpai shall not extend or postpone the due date of the monthly payments which era referred to is paragraph 2, or 'Borrower Iaitials:"~. / u/` y~- -- Rocn-agra eDtmvouos eaawa-raez Page 3 of'10 vrww.Ooanroyfecom change the amount of such payments. Any excess insurance proceeds over as amount required to pay all outstanding ' indebtedness under the Note and this Setsttity Instrument shall be paid.to the entity legally entitled ilrereto. . In Llte event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, tlfle and interest of Borrower in and to insurance polides in •force shall pass to the purchaser. • 5. Occupancy, Preservation, Maintenance and Protection of Zhe Propert.; Borrower's Loan App cation; Leaseholds: Borrower shall occupy. establish, aad•uso the Property as Borrower's pstndpal residence within sixty days after the execution of this Secnrl.ty Instrument (or within sixty days of a later sale or transfer.of the Property) and shall contimie to occupy the Property as Borrower's prladpal residence for at least one year after the date of occupancy, unless the Lender determines that requirement will cause undae hardship for Borrower, or unless extenuating dretunstances exist wh[ch are beyond Borrower's control. Borrower shall notify Lender of any 'extenhating dreuinstances. Borrower shall not commit waste or destroy, damage.or substantially change the Property or allow the Property to detertorate, seasonable wear and tear excepted. Leader may inspect the Property if the Property is vacant or abandoned or the Iona is in default. Lender may take reasonable action to protect and preserve such vacant or, abandoned Property. Borrower ahali else be in default if Borrower, during the loan application piocess, gave materially false or inaccurate information or atatementa to Leader (or failed to provide lender with any material information) in connection with rho loan evidenced by the Note, irtdudhng, but not limited to. reprekentations concerning Borrower's occupancy of the Properiy'as a prlndpal residence. If this• security Instrument is on a leasehold. Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the • leasehold and fee title shall not tie merged unless Lender agrees to the merger in writing. 6. ' Condemnation. The proceeds of any award or daim for damages, director consequential, in connection with any conSienonation or other takigg of any part of the Property, or for coutveyance in place of condemaadon, are hereby assigned aad shall be paid to Lender to the extent of the full amount of the Indebtedness that remains unpaid under• the Note and this Secutrity Instrument. Lender shall apply such proceeds to t}ie reduction of the indebtedness under the Note and• this Security Instrument, first to any deliaqueut amounts applied in the order provided in paragraph 3, and then to prepayment of prindpal. Any application of the proceeds to the princ[pal shall not extend or• postpone the due date of th$ monthly payments, which are referred to is paragraph 2, or change the amount of such payments. Any excess proceeds over an amount re aired to pay all outstanding indebtedness under the Note and this Security Instnxntent shall be paid to the entity lega~y entitled thereto. 7.. Charges to Boirower and Protection of Leader's Rights in the Property. Borrower shall pay all governmental or munidpai charges, tines and imposittons that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay world adversely affect Lender's interest in the Property, upon Lender's request • Borrower shall promptly furnish to Lender receipts evldeacing these paymenfs. If Borrower fails to make these payments or the payments required by paragraph 2, or falls to perform any other covenants and agreements contained fn this Security Instrument, or these is a legal proceeding that may signiflcaatly affect Lender's rlghts'in the Property (such as a proceeding in bankruptcy. for condemnation or to enforce laws or regulations), then Lender may do and pay whatever fs necessary to proteM the value of the Properly and Lender's rights is the Property,.including payment of taxes, hazard lnsutance and other items mentioned in paragraph 2. Any amonnis disbursed by Leader under this paragraph shall become as additional debt of Borrower and be secured by this Security Instrunitent. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrowet• shall promptly discharge any Ilen which has priority over this Security Instrument unless Borrower: (a) agrees, in wriling to the payment of the obligation secused by the lien in a meaner acceptable to Lender; (b} contests in, good faith, the lien by, or defends against enforcement of the lien ia, legal proceedings which in the Lender's Borrower Initials: Pa 4 of t0 DocMsylc eoar~a-rtct 8e wrrn.doomagia:com opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of -the lien an agreement satisfactory to Lender subordinating the lien to this Sacu{ity Instrument. If Leader determines that any part of the ).'roperty is subject to a llet~ which may attain •prtority over this Security Instrument, Lander may give Borrower a notice idend~yirtg the Lien. Borrower shall satisfy the lien yr take one or more of the actions set forth above within 10 days of the;givIng of notice. 8. Fees.. Leader may collect fees and charges authorized by We Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender Yaay, except as limited by regulations issued by the Secretary3n the case of payment defaults, require immediate paymcnt itt full of all sums secured by this Security instrument if: (i) Bnrrowet defaults by failing to pay in full any'aroathly payment required by this Security 3astruaieat prior to or on the due, date of the next monthly payment, or {ii) Borrower defaults by' failing, for a period of thirty days, to perform any other obligations contained in This Security Instrument. tb) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341 (d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. lTOlj-3(d)) and with the prior ' approval of the Secretary, require immediate payment in full of all'sttms scoured by'this. Security Iastnanent if: • {i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property. is sold or otherwise transferred (other than by devise or descent), and (S) The Property is not occupied by the purchaser or grantee as his or her prlndpal residence, or the • purchaser or grantee does so occcipy the Property, but his or her credit has not been approved in -accordance w1Ut the requirements of the Secretary. ' {c) No 1RzaiveY, If circumstances occur that would permit Lender to require immediate payment in full, but Lender' does not require such payments, Lender does not waive its rights with respell to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate paymeat~in full and foreclose if not paid: This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the 5ecrefary. (e) Moftgage Hot Insured. Borrower agrees that if this Security Instrument and the Note era not determined• to be eligible for insurance under the National Housing Act within 6 O DAY5 from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 DAYS from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, Phis optian may not be exercised by Lenderwhen the unavailability of insurance is solely due to Lender's €silure to remit a mortgage insurance premium to the Secretary. 10. Reiestatemeat. Borrower has a right to be reinstated if Lender has required iaarnediate payment in full because. of Borrower's failure to pay an amount dun under the Note or this SecW3ty Instrument. This right applies even after foreclosure proceedings era instituted. 'To reinstate the Security Instrament, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current 1adrYdiag, to the extent they era obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customaryattoraeys' fees and expenses - properly associated with the foreclosure proceeding. Upon rvirrstatement byBorrower, this Security Instrument sell, th'e obligations that it secures shall remain in effect as if Lender had not required immediate payment is full. However, I:ender is not• required Yo permit reinstatement if: (i) Leader has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current Borrower' Page ti of SO DocrMay~o ~ corn foreclosure proceeding, (ii) reinstatement will predude foreclosure on different grounds in the future, or (tit) reinstatement will adversely affect the priority of the ilea created by this Security Insttvmeat. 1.1•. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modii3catton of amortization of the sums seacred by this Security Insiniment granted by Lender to any successor fn interest of Borrower shall not operate to release the liability of the• original Borrower or Borrower's successors in inte're'st. Leric~er'shall not be required to commence proceedings against nay successor itc interest or refuse to extend time for payucent or otherwise modify amortization of the sums secured by this Security Iostruaneat by reason of any demand shade by the original Borrower or Borrower's successors in interest. Any forbearance by Lender is exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successdts and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 8(b). Borrower's wvetsaats and agreements shall be joint and several. Ar~yBormwer who co-signs this Security Instrument but does not execute the Note: (tQ is co-signing this Security Instrument only to mortgage, grant asd convey that Borrower's interest in the Property under the terms of thia~ Security Iastrument• (b) • is not personally' obligated to pay the sums secured by this Security Instrcimeat; and (c) agrees, that Leader and nay other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the tenors of this Security Iagirament or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering tt or by mailing it by fast class mail unless applicable law requires use of another method. 'The notice shall be directed to the Property Address or any other address Bonmver designates by notice to Lender. Actor notice to Lender shall be given by first .class mail to Leader's address stated herein•or any address Lender designates by notice to $orrower. • Any notlce provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as psovided~ in this paragraph. 14. Governing Law; Sever•ability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. 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 Seccaity Instrument or the Nbte which can be given effect without the conflicting provision. To this end the provision of•this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall begiven one conformed copy of the Note and of this Security Instntacent. I8. hazardous Substances. Bon•ower shall not cause orpesmit the presence, use, disposal, storage, or rel""ease of any Hazardous Substances on' or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is irc violation of any Environmental Law. The preceding two sentences shaA not apply to the presence, uSe, or storage on Rhe Property of small quantities of Hazardous Substances that are generally recognised to be appropriate to normal rgsidentiaf uses and to maintenance of the Property. Borrower shall promptly give Lender written •notlce of any irrvestlgation, claim, demand, lawsuit or outer action by any,goveromebtal or regulatory agency or private party involving the Property and any Hazardous Substance 6r Environmental Law ofwhich Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of nay Hazardous Substances affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 18, "Hazardous Substances" are those substances defaced as toxic or hazardous substances by l;nvlronineata2 Law and the following substances: gasoline, kerosene, other Sammable or toxic • petroleum prodacts, toxic pestiddes and herbiddes, volatile solvents, materials containing asbestos or fonnaIdehyde, and radioactive'~aterials. As used irc thts paragraph 18, "Environmental Law"• means federal Iaws and laws of the jurisdiction where the Property is located that relate to health; safety or environmental protection. AoClVlop/c ~vaDUa aoa-e~aTSSs Pa9a 6 of 70 wrvw.docmag/ccom NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Leader's agents to collect the rents and revenues and hereby directs each, tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender`s notice to Borrower of Borrower's breach of any covenant ar agreement in the Security Iastnunent, Borrower shall wllect and receive aII'reats and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes as absolute assignment and not an assignment for additional security only. ' If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for beneSt of Lender only, to be applied to the sums secured by the Security Instrument; (b) Leader shall be eAtiSed to collect and receive all of the rents of the Properly; and, (c) each tenant of the Property shall pay all rents dtie and unpaid to Lender or Lender's agent on Land¢r's written demand to the tenant. • Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Leander from exerdsing its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property befoie or after giving notice of breach to Borrower. However, Lender or a judidally appointed receiver mt~y do so at nay time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt securedby the Security Instrument is paid in full. 18. Foreclosure Procedure. if Lender°requires immediate payment in full under paragraph e, Leader ma<y foritclose by judidal proceedings and/or invoke any other remedies permitted by applicable law. Linder shun be entitled to collect sv ekpeases incurred in pursuing the remedies provided or referred to in this paragraph 18. includ~g, but riot limited to, attorneys' fees and costs of title evidence to the extent permitted by atppHcable' Iaw. If fhe Leader's interest to this Security Instrument is held by the Secretary, sad the Secretary requires inunediate paymettt in full under paragraph S, the Secretary may invoke the nor~udicial power of sale provided •in. the Single Family Mortgage Poreclo'sure Act of 1994 ("Act's (12 U.S.C. ST51 ~t deg.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the AM. • 1~Iothffig in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or appncable law. • 19. Release. Upon payment of an sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender ahalI discharge sad 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. • 2d. Waivers. Borrower; 'to the extent permitted by applicable law. waives and releases any error or defects is proceedings to enforce this Security Instrument; and hereby waives the beneSt of nay present or future laws providing for stay of execution, extensiog of time, exemption from attatltment, levy sad sale, and homestead exemption. 21. Reinstafement Period. Borrower'stime to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22. Puxchase 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. 23. • Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note orht as action of mortgage foreclosure shall be Ste rate payable from time to lime under the Note. Borrower Page 7 of 10 DocMa~lc 24. Riders to this Security Instrumcnf. If oae or more rldets are executed by Borrower and recorded together with this Socurity Instrument. the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants aad agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Ch'ecl(applicable box(es)]. [] Condominium Rider ~ Graduated Payment Rider Q Growing Equity Rider ~ Planaed Unit Development Rider ~ Ac(justable Rate Rider . © Rehabilitation Loan Rider ~] Non-Owner Occupancy Rider j] Other [Spedfy) BY SIGNING BET.OW,1#orrower accepts and agrees to the terms contained in pages 1 through 10 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. This is a contract under seal and may be enforced under A2 Pa. C.S. Section 5529(b). MELI83A M.. BEERS -Boriowes ~~-!_ (Seal) OMAS A . BEERS -Borrower (Sean -Borrower (Seal) -$orrower (Seal) -Borrower (Seal) -Borrower Witness: Witaess: t.__,.,,_,.r-~ PHA PENNSYLVANIA MORTGAGE • MERS t7ocMapTe eoaatarae= 6198 Pam 8 of 10 www.docrosylaeom COMMONWEALTH OF PENNSYLVANIA, County ss: CUMBERIsAND Off this. the ~ ~~ day of ~~~~1~Q~-~c~ ~~`1~ .before me, theuiidersigaedoflicer,personallyappeared MELISSA' M. BEERS AND .THOMAS A. BEERS • known to. me (or satisfactorily proven) to be the persons whose names ~-- subscribed to the within instrument and acknowledged that .]~....+-~ executed the same for the purpose herein contained. IN 'WITNESS WHEREOF, I hereunto set my hand and official seal. • `~ ~,~ ~ N~~~~ ~~ Title of Officer ' My Commission expires: r,rf;aa~alBEAL LI ~'+t7.: •. Votary Pu Borough os: ~:r,n ..umberla d t~ounty llRy Cot^•r,;ex•c~., E. July. .2009 NOTARIAL t3t;lAL USA R. ROWS. Notary Pubilo Bo-ou6t- of Gemp Hiil, Cumberland &ty Gommission Expires Jury 12, 2009 FHA PENNSYLVANIA MORTGACaE • MERS ~` OocMay/c tip aan-spa-rseZ 6/86 Page 9 of 7.ti t+avw.doc~naylc.aoin ' .. , ~ 'f Gerti$cate.of Residence of ~o~agFg The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or ageat of the Mortgagee named.in the within instrument; and (ii) Mortgagee's precise residence is: P.O BOX ,2026, FLINT MI 48'501 Witness my hand this day of Signature of Mortgagee or Mortgagee's Duly Authorized Attorney ar Agent . Type or Print Dame of Mortgagee or Mortgagee's l5nly Authorized P:ttoraey or.Agent FHA PENNSYLVANIA MORTGAGE - MERS DocMaglc ~UPC77000~ aoo-sus-lass 8/88 Page 1 O OT 10 wwW.doomag/ccom ALL THAT ~RTAIN lot or piaee of ground situate in tha Township of East Pennsboro, County of Cumberland; Pennsylvania, bounded and described as follows: BEGINNING et a point on the north side of a fifty (50) foot road knovsm as Meadow Drive, at the corner of Lot No. 58 in the plan of lots hereinafter mentioned; thence along the north side of Meadow Drive North 67 degrees 20 minutes East one hundred (100) feet to the corner of Lot No.60 on the hereinafter mentioned plan of lots; thence along the line of Lot No. 60 North 22 ~eglrees 40 tniuutes West one hundred severity (170) feet to a point; thence along the rear lino of Lots Nos. 49 and 50 in the hereinafter mentioned plan of Lots one hundred (200) feet to a point; thence along the line of Lot No. 58 aforesaid South 22 degrees 40 minutes East one hundred seventy {170) feet to a point on the north side of 1Vleadow Drive, the place of BEGINNII~iG. BEING Lot No. 5.~~ in• the plan of lots known as West Creek Hills, laid out by ID. P. Raffensperber, Registered Surveyor, for ClySe .O. Smyser, said plan being recorded in the. Office of the Recorder of Deeds in and for Cumberland County in Plan Book 8, Page 4. HAVING thereon erected a single dwelling. BEING TS'E SAME premises which Karen R. Lake, now known as Karen R. Ross, by deed dated January 27, 2003 and recorded. February 10, 2003 in the Offica of the Recorder of Deeds in and for Cumberland County in Deed Book 255, Page 3526, granted and conveyed unto Karen R. Ross, Grantor herein. i F`., EXHIBIT B ~~""r ~' ASSIGNMENT OF MORT AGE KNOW ALL MEN BY THESE PRESENTS that "Mortgage EIectronic Registration Systems, Inc." hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by BAC HOME LOANS SERVICING, L.P., "Assignee," the receipt whereof is acknowledged, has granted, bargained, sold, assigned, transferred and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by MELISSA M. BEERS and THOMAS A. BEERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTWG SOLELY AS A NOMINEE FOR KEY FINANCIAL CORPORATION, bearing the date 02/20/2008, in the amount of 5203,152.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 02/212008 in the County of CUMBERLAND, Commonwealth of Penn.¢vlvania. in Mortgage Instrument No. 200805059. Being Known as Premises: 735 MEADOW DRIVE, CAMP HILL, PA 17011-1720 Parcel No: 09-18-1304-125 aooYKB The transfer of the mortgage and accompanying rights was effective at the time the loan was sold and consideration passed to the Assignor. This assignment is solely intended to describe the instrument sold in a manner sufficient to put third parties on public notice of what has been sold. Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever, subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be herein afiIxed and these presents to be duly executed by its proper officers this 17'h day of November, 2009. Mortgage Electronic Registration S stems, Inc. sy: ~ '~ e~rx~.c-c Sealed and Delivered Judith T. Rom , Assistant S retary and ice President in the presence of us; State of Pennsylvania . ss. Coumy of Philadelphia On this 17'h day of November, 2009, before me, the subscriber, personally appeared Judith T. Romano, who acknowledged herself to be the Assistant Secretary and Vice President of Mortgage Electronic Registration Systems, Inc., and that she, as such Assistant Secretary and Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. COMMON WEALTH OF PENN IN WITNESS WHEREOF, I hereunto set my hand and official seal. EUGEN NOTARI SIq~AC SYLyANtq Clty of PhAa VIEW 1CZ Notary Publk MY Commission Exp~e3 Au~la. Counttyy ust 13, 20f2 Stamp/Seal: Notary Public The precise address of the within named Assignee is: 7105 CORPORATE DRIVE PLANO TX 75024 By: ~- or Assignee) After recording return to: Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 November 16, 2009 Document Ezecutioa PHS # 221980 i ALL THAT CERTAIN lot or piece of ground situate in the Township of: East Pennsboro, County of Cumberland, Pennsylvania, bounded and described as follows: BEGINNING at a point on the north side of a fifty (50) foot road known as Meadow Drive, at the corner of Lot No. 58 in the plan of lots hereinafter mentioned; thence along the north side of Meadow Drive North 67 degrees 20 minutes East one hundred (100) feet to the corner of Lot No.60 on the hereinafter mentioned plan of lots; thence along the line of Lot No. 60 North 22 degrees 40 minutes West one hundred seventy (170) feet to a point; thence along the rear line of Lots Nos. 49 and 50 in the hereinafter mentioned plan of lots one hundred (100) feet to a point; thence along the line of Lot No. 58 aforesaid South 22 degrees 90 minutes East one hundred seventy (170) feet to a point on the north side of Meadow Drive, the place of BEGINNING. BEING Lot No. .59 in the plan of lots known as West Creek Hills, laid out by D. P. Raffensperber, Registered Surveyor, for Clyde O. Smyser, said plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 8, Page 4.. HAVING thereon erected a single dwelling. BEING THE SAME premises which Karen R. Lake, now known as Karen R. Ross, by deed dated January 27, 2003 and recorded February 10, 2003 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 255, Page 3526, granted and conveyed unto Karen R. Ross, Grantor herein. The said Terry Bowen joins in this conveyance to convey any right, title, or interest he may have in said property due to his marriage to Karen R. Ross Bowen. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200940256 Recorded On 12/3/2009 At 11:03:21 AM * Instrument Type -ASSIGNMENT OF MORTGAGE Invoice Number - 57055 User ID - MSW * Mortgagor -BEERS, MELISSA M . '" *~Vloi~fgag~'=SAC HOME LOANS SERVICING L P * Customer -JAM TRANSFERS * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS . PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $37.00 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded .. ~in.: Cgmberlapci,.County PA, '~ cu r RECORDER O * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOYKB' Il l l ll i ll l ll 111 ll ll ll 1111 111 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: 2 8 ( O By: Jose h Schalk, Esquire Atto ey for Plaintiff 126 ocust Street sburg, PA 17101 (215) 563-7000 F~LEQ-{? ~C~ 2010 FEB I I p~ I ~:` 3 cure:;` ~ ~~:;~~~~ + t_a,=- PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215)563-7000 BAC Home Loans Servicing, L.P. Plaintiff vs. Melissa M. Beers Thomas A. Beers Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 09-8832-Civil Term CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff s Reply to Defendants' New Matter was sent via first class mail to the persons listed below on the date indicated: Melissa M. Beers, Pro Se, Thomas A. Beers, Pro Se 735 Meadow Drive Camp Hill, PA 17011-1720 Date: Z- ~ 8 1 ~ o ~,~ By: Jos ph .Schalk, Esquire Att rney for Plaintiff uF THE PROTHONOTARY' 2013 OCT --4 AN 9: 44 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP BY: COURTENAY R. DUNN, ESQUIRE Identification No. 206779 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Courtenay.dunn@phelanhallinan.com (215) 563-7000 BAC Home Loans Servicing, L.P. • Court of Common Pleas 7105 Corporate Drive : Civil Division • Plano, TX 75024 Plaintiff • Cumberland County • No.: 09-8832 • v. • • Melissa M. Beers • Thomas A. Beers • 735 Meadow Drive • Camp Hill, PA 17011-1720 • Defendants STATEMENT OF INTENTION TO PROCEED TO THE COURT: The above-referenced foreclosure action was protected by the automatic stay provisions of the Defendants Melissa M. Beers and Thomas A. Beers Chapter 13 Bankruptcy filed on March 30, 2010 at Docket No. 1:10-02532 in the Middle District of Pennsylvania. Plaintiff intends to proceed with its above foreclosure action should the Defendants' Bankruptcy be dismissed or Plaintiff receives relief from the automatic stay. DATE: 10 (�1( BY: L/ Courtenay R. D unn, Esquir- Attorney for Plaintiff #715821 � r PHELAN HALLINAN, LLP BY: COURTENAY R. DUNN, ESQUIRE Identification No. 206779 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Courtenay.dunn@phelanhallinan.com (215) 563-7000 BAC Home Loans Servicing, L.P. • Court of Common Pleas 7105 Corporate Drive • Civil Division • Plano, TX 75024 Plaintiff : Cumberland County • No.: 09-8832 • v. • • Melissa M. Beers • Thomas A. Beers • 735 Meadow Drive • Camp Hill, PA 17011-1720 • Defendants CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Statement of Intention to Proceed was served by regular mail to the following on the date listed below: Melissa M. Beers Thomas A. Beers 735 Meadow Drive Camp Hill, P A 17011-1720 DATE: �Q1'7 �� BY: ce Courten.y R. P unn, Esquire Attorney for Plaintiff #715821 Of Cu 1David ID. Buell- 41`9,s Renee X Simpson Prothonotary o ti �N, Z is` Deputy Prothonotary �iriQS. Sohonage, E .4\ ,S'Q 4ilkfe'7 Irene E. Morrow Solicitor 1750 2n'Deputy Prothonotary Office of the Prothonotary Cumberland County, <Pennsyfvania 69- Se3.2._ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 291" DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Ecq,(717)240-6573