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HomeMy WebLinkAbout10-4937UDREN LAW OFFICES P C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE- ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460? WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 yleadingsoudren.com BAC Home Loans Servicing, LP ':COURT OF COMMON PLEAS fka Countrywide Home Loans ':CIVIL DIVISION Servicing LP P.O. Box 660694 :Cumberland Dallas, TX 75266 Plaintiff V. Brandon Powers County 383 North 26th Street NO. lQ - X37 Camp Hill, PA 17011 Defendant(s) C7 a-vy-t i -term COMPLAINT IN MORTGAGE FORECLOSURE C'] -P, +iD s 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 40.00 PD AY11( ?? a ys4l/ AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PDEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page, who is the legal holder of the Mortgage and is in the process of formalizing the Assignment of Mortgage to be sent for recording. 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the mortgage being foreclosed is as follows: MORTGAGED PREMISES: 383 North 26th Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Camp Hill formerly East Pennsboro Township COUNTY: Cumberland DATE EXECUTED: 3/2/07 DATE RECORDED: 4/4/07 BOOK: 1987 PAGE: 3057 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said mortgage as of 7/22/10: Principal of debt due $230,034.78 Unpaid Interest at 6.625% from 1/1/10 to 7/22/10 (the per diem interest accruing on this debt is $42.33 and that sum should be added each day after 7/22/10) 8,592.99 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $749.28 and that sum should be added on the first of each month after 7/22/10) 0.00 Late Charges (monthly late charge of $76.07 should be added in accordance with the terms of the note each month after 7/22/10) 456.42 Uncollected Late Charges 760.70 Attorneys Fees (anticipated and actual to 5% of principal) 11,501.74 TOTAL $251,951.63 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $251,951.63 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. CES, P. C. BY N X1 III Attorne or Plaintiff MARK J UDR ESQUIRE STUAR WINNE ESQUIRE LORRA E DOYLE, ESQUIRE ALAN M. TO ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE 07-23-`10 14;07 FBOM- M-23-1010 D1:44pm From- Jul 23 2010 02:14pm P010/023 T-570 P0010/0023 F-470 7-697 P.010/031 F-440 AN tW OWWR IN or UM of ]and skiff in the Dam o of Camp Mt hy l pamA mQ Tc MMP, Cat10W of G1amb WWA ad Commmwealth of Pamsyjmk 11111e M*.IIW* b0lmodad 44d dmrDwd a *p0", to V& He iog at a w*WM Pm in tho Earn bno of Nadt Twamy.5bdb 30*M #4 do SWthu M caner of 1=6 now or Im of VdUm X LAW* *omce in au E by $te AM$ 163.4 feet to a wooden pet; tma in a of by Edw hMmly of bimW D. On. 9$ feet to o pabM tow in a Wagody dim by odw hod$ Faz 60ofm Doty ar line of ROM H. Stapp md wik 163.4 fm to Nwa T*mjty.$i* Street; thence along the Eubm H" of North Twenty.SiIA Sheet; 95 int to a wooden pin, the paint,or plow of Beginning. BtI987PG3074 SankefAmerica PRESORT soerlwae Rrst-Gass Mail PO Box 9048 U.S. Postage and TemecWs. CA 92589-9048 11111111111111111111 Fees Paid W S0 7113 8257 1474 1274 0507 Send Payments to: P.O. Box 15222 Wilmington, DE 198865222 Send Convapondence to: PO Bac 3170, MS SV314B Simi Valley, CA 93065 201004057 P1111-11111-11.111111 111.... I11"?111 Brandon Powers 383 N 26TH ST CAMP HILL, PA 17011-3620 EXHIBIT.A.7.. 0 BankofAmerica °W Wane Loans P.O. Box 660694 Dallas, 7X 73266-0694 Send Payments to. P.O. Box 13222 Miff mngton, DE 1-1686-3222 April 5, 2010 Brandon Powers 383 N 26TH ST CAMP HILL, PA 17011-3620 Certified Mail: 7113 8257 1474 1274 0507 Return Receipt Reau ed Regular Mail Account No.: 164170349 Property Address: 383 North 26th Street Camp Hill, PA 17011-3620 Current Servicer: BAG Home Loans Servicing, LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is an official notice that the mortaaae on your home is In defauR and the lender intends to foreciose Spgac ti Information about the nature of the default Is provided In the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the proaram works To see K HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY wrr"iN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you mosta with the Co`nsiafino Aaanc . This Notice contains Important legal information. M you have any questions, representatives at the Consumer CredR Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAC16N EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRASTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Payment Inr4rurtions: • Make yo r check payable to SAC Home Loans Servicing, LP • Don't send cash • Please include coupon with your payment For al tut morh payment periods, interest is odoulated on a monttty basis. Accordingly, interest for alt full months, including February, is calculated as 301360 or annual inlerea, irespective of the actual number of days in the month. For Partial morrtM, interest is year. cactuiated rd tM1{RLIy defy on the basis of s 365 dey year. Brandon Powers 383 North 28th Street Camp Hill. PA 17011-3620 164170349 BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A. Please write yotr accent number on at checks and correspondence. We may charge you a fee for any payment retumed or rejecled by your financial ins6lutiorn abject to applicable law. 6LQPAI 11172203/01M2010 Acooun( Number. 104170340-9 Balance Due for char Brandon Powers ages listed above: $7,744.82 as of April 3, 2010. 383 North 26th Street Please update o-mall information on the reverse side of ft s coupon. Camp Hill, PA 17011-3620 - fN 8LQPAt lull1lirlllltlll?lllr'lil1iu11111'IIII'IIIrI11111'1'IIII'i11 Escrow BAC Home Loans Servicing, LP PO Box 15222 a Wilmington, DE 19886-5222 Tonal 164170349900000774482000774482 1:58 6 9 900 581: L641?031,9110 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1993 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for Thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR wrrNrst rwc wFn Tuim-rv CONSUMER CREDIT COUNSELING- AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for Thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling aencies for the county in which the property is located are set forth at the and of his Notice. It Is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your Intentions. wrrara:wta?n rc?rt Mvrtrc-AGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) if you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within Thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after It receives your application. During that time, no foreclosure proceedings will be pursued against you If you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of Its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN A STATE OF DEFAULT DUE TO THE REASONS MENTIONED IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE. NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 383 North 26th Street Camp Hill, PA 17011-3620 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Charaes: 02/01/2010 $6,811.98 Late Charaes: 02/01/2010 $152.14 Other Charges: Uncollected Late Charges: $760.70 Uncollected Costs: $20.00 Partial Payment Balance: ($0;00) TOTAL DUE: $7,744.82 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION 1Do not use if not applicable) BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A. E-mail use: Providing your a-rmY address below will allow us to send you iMamnation on your account. Account Number: 164170349 Brandon Powers E-mail address: Now we post your PMaerft: All accepted payments of principal and Interest will be applied to the longest outstanding installment due, unless otherwise expressly prohibitad or limited by law. If you submit an amount in addition to your scheduled monthly amount, we will apply your payments as follows: (1) to outstanding monthly Payments or principal and Interest, (9) escrow denciencles, (ii) late charges and other amounts you owe In comredbn with your ban and (Iv) to reduce the outstanding principal balance of your loan. Please speolly K you want an additional amount applied to future payments, rather than principal reduction. Postdated checks: Posldsted checks will be processed an the date received unless a lean counselor agrees to honor the date written an the check as a condition of a repayment plan. HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,744.82 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and se to BAC Home Loans Servicing, LP at P.O. Box 15222, Wilmington, DE 19886-5222. You can cure any other default by takina the following action within THIRTY (30) DAYS of the date of this letter. (Do not u if no! applicable) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due Immediately and you may lose the chance to pay the mortgage in monthly installments. if full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also Intends to instruct Its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON, - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to Its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, If legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Arty attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. YOU HAVE 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 YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT FRIAR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified In writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as it you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - it is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately six (B) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you watt. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: BAC Home Loans Servicing, LP Address: P. O. Box 660694 Dabas6 7X 75286-0694 Phone Number: 1-800-641-5302 Fax Number: 1-017-230-8811 Contact Person: MS TX2-977-01-13 Attention: Loan Counselor Email Address: To ensure secure email communications please log on to the BAC Home Loans Servicing, LP Website at www.bankofamerica.com and email us by navigating through the Customer Service link provided. EFFECT OF SHERIFF'S 2A" F - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, BAC Home Loans Servicing, LP may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (1) observe the physical condition of your property, (ii) verify that the property is occupied and/or (BI) determine the Identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's Interest in the property (including, but not limited to, winterization, securing the property, and BAC Home Loans Servicing, LP is a subsidiary of Bank of Ammdca, N.A. 7113 6257 1474 1274 0507 valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security Instrument. If you are unable to cure the default on or before May 5, 2010, BAC Home Loans Servicing, LP wants you to be aware of various options that may be available to you through BAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For exam pie: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through BAG Home Loans Servicing, LP. Our basic plan requires that BAG Home Loans Servicing, LP receive, up front, at least 1/2 of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modif ication of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. • Sale of Your Property: Or, If you are willing to sell your home In order to avoid foreclosure, it Is possible that the sale of your home can be approved through BAC Home Loans Servicing, LP even if your home is worth less than what is owed on ft. • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which Is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are Interested in discussing any of these foreclosure alternatives with BAC Home Loans Servicing, LP, you must contact us Immediately. If you request assistance, BAG Home Loans Servicing, LP will need to evaluate whether that assistance will be extended to you. In the meantime, BAC Home Loans Servicing, LP will pursue all of Its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by May 5, 2010 as outlined above will result in the acceleration of your debt. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800-641-5302. SAC Horne Loans Servicing, LP is a subsidiary of Bank of America, N.A. 7113 8257 1474 1274 0507 Attachment: Itemization of Charges and Fees Monthly Charges: 02/01/2010 - 04/30/2010 $2,270.66 Late Charaes: 02/01/2010 - 03/31/2010 (Q? $76.07 Other Charaes: Uncollected Late Charges: RETURN PAYMENT FEE Partial Payment Balance: TOTAL DUE: $6,811.98 $152.14 $760.70 $20.00 ($0.00) $7,744.82 BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY I CUMBERLAND COUNTY PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 CCCS of Western PA 2000 Unglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 Community Action Commission of Captiai Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ICES, P.C. BY., Attorn or Plaintiff MARK J REN, ESQUIRE STUART I EEG, ESQUIRE LORRAINE OYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~I' .: Sheriff ~~-- T~ ~$~ytti~r of ~ tu~brr~~~~ . , Jody S Smith Chief De ut ~ , -: t ~ ~ ~- Richard W Stewart ~" '°" SOI1Ctl`Or oF'fiGEC~~'r~ESttgRIF1~ ~f ~~ ^' I ~i,,. f BAC Home Loans Servicing, LP Case Number vs. 2010-4937 Brandon C. Powers Ronny R Anderson SHERIFF'S RETURN OF SERVICE 08/09/2010 06:13 PM -Ryan Burgett, Deputy Sheriff, who being duty sworn according to law, states that on August 9, 2010 at 1813 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sam Kimback, by making known unto himself personally, current occupant of 383 North 26th Street, 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. 08/12/2010 07:02 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 12, 2010 at 1902 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brandon C. Powers, by making known unto himself personally, at 383 North 26th Street, 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. iZl~~~ RYAN BURGETT, PUTY SHERIFF COST: $74.00 August 13, 2010 SO ANSWERS, ~~ _ RON R ANDERSON, SHERIFF (cj CountySuite Sheriff, Teleosoft, hic. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK: J. UDREN, ESQUIRE - ID #04302 STUP.RT WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN' M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com BAC Home Loans Servicing, LP fka € COURT OF COMMON PLEAS Countrywide Home Loans Servicing CIVIL DIVISION LP :Cumberland County P.O. Box 660694 Dallas, TX 75266 ':MORTGAGE FORECLOSURE Plaintiff V. Brandon Powers ::NO. 10-4937 383 North 26th Street Camp Hill, PA 17011 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: c `n - n r Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Brandon Powers for failure to - file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $251,951.63 Interest Per Complaint 2,285.82 From 07/23/2010 to 09/14/2010 Late charges per Complaint 76.07 From 07/23/2010 to 09/14/2010 Escrow payment per Complaint 1,498.36 From 07/23/2010 to 09/14/2010 TOTAL $255,811.88 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. Y: Attorneys for Plaintiff YJARK J. E STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: - O PROTHY T?,^ ?/tfpp ?? ??/ ""?'/ e?lrroa7? ?? xy8ie? UDRLN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID ##75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAZ, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 #70070823-] BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff V. Brandon Powers De f endant (s) TO: Brandon Powers 363 North 26th Street Camp Hill, PA 17011 Date of Notice: September 2, 2010 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-4937 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A•WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHO?, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR.TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA ESQUIRE ADAM. L. KAYES, kSQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest Load, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 f WOODCREST CORPORATE CENTER - 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 y= 856-669-5400 rti pleadings@udren.com _ BAC Home Loans Servicing, LP `:COURT OF COMMON PLEAS fka Countrywide Home Loans =CIVIL DIVISION c..,, Servicing LP -= P.O. Box 660694 :Cumberland County r~:: Dallas, TX 75266 Plaintiff V. Brandon Powers 383 North 26th Street NO. 1b - 443? C'c\A I-TefM Camp Hill, PA 17011 Defendant (s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 too SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r to n1rbrr Jody S Smith Chief De ut y? ;=. mss- q p y 'uo' g ,x„f'•- Richard W Stewart Solicitor OFFICE OF THIS SOO)IFf SAC Home Loans Servicing, LP vs. Brandon C. Powers Case Number 2010-4937 SHERIFF'S RETURN OF SERVICE 0810912010 06:13 PM - Ryan Burgett, Deputy Sheriff, who being duly swom according to law, states that on August 9, 2010 at 1813 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sam Kimback, by making known unto himself personally, current occupant of 383 North 26th Street, 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. 08/1212010 07:02 PM - Ryan Burgett, Deputy Sheriff, who being duly swom according to law, states that on August 12, 2010 at 1902 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brandon C. Powers, by making known unto himself personally, at 383 North 26th Street, 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. RYAN BURGETT, UTY SHERIFF COST: $74.00 SO ANSWERS, August 13, 2010 RON R ANDERSON, SHERIFF ;c'i Gr,?m?ywle Scenfl, Teleoso}t. Inc. ?y 1 Verbal Confirmation of Service of Complaint Date: 10 fo Spoke with: _-Aj i (I I,. Defendant ?4?n &h ?CLatJF?"S was served on.--.. YO Defendant was served on at Defendant was served on at Defendant was served on at Are there any additional fees due? Yes Na if so how much? $ Notes: UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC as Servicer for Deutsche Bank National Ttust Compny, as Trustee for the Registered Holders of the CDC Mortgage Capital Trust 2002-HE1, Mortgage Pass-Through Certificates, Series 2002-HE1 Plaintiff V. Lamar F. Fronheiser Joan Irene Fronheiser Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Carbon County MORTGAGE FORECLOSURE NO. 10-2279 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Defendant: Age. Residence: Employment: Lamar F. Fronheiser Over 18 As captioned above Unknown Joan Irene Fronheiser Over 18 As captioned Unknown Sworn: to and subscribed before me this 14TH day eptembe 010. tar??? CW=WW 10i15lm13 above Title:J ATTORNEY FO INTIFF Company: UDREN LAW OFFICES, P.C. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4937 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From BRANDON PPOWERS (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 $255,811.88 L.L.$.50 Interest from 9/15/10 to Date of Sale 3/2/11 ongoing per diem of $42.33 to actual date of sale including if sale is held at a later date -- $7,153.77 Atty's Comm % Atty Paid $206.50 Plaintiff Paid Date: 9/14/10 (Seal) Due Prothy $2.00 Other Costs psi < David . uell, Pr t By: Deputy REQUESTING PARTY: Name: ALAN M. MINATO, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER I11 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 75860 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. LTDREN, ESQUIRE - ID #04302 STUAR.T 1QNNEG, ESQUIRE - ID #45362 LORRAINE3 DOYLE, ESQUIRE - ID #34576 ALAN M. M.INATO, ESQUIRE - ID #75860 CHANDRA M. ARK.EMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com BAC Home Loans Servicing, LP :COURT OF COMMON PLEAS fka Countrywide Home Loans :CIVIL DIVISION Servicing LP :Cumberland County Plaintiff .? V. MORTGAGE FORECLOSURE izi Brandon Powers :NO. 10-4937 1 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION r a ? TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $255,811.88 Interest From 09/15/2010 7,153.77 to Date of Sale March 2, 2011 Ongoing Per Diem of 42.33 to actual date of sale including if sale is held at a later date (Costs to be added) (DS ;1.2Y.0 d 'i Lq474. oo eer / 4a.oo « 11{. o o o' W. 60 - Pb a7N UDREN LAW OFFICES, P.C. Y: [ ?tf-nr_nctz?_£nr pl a i nt i f f UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 4100 bueL! 6p &t 0 " 1X6. 315 ?? a?s1S7 P,e ua?'? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsGudren.com BAC Home Loans Servicing, LP :COURT OF COMMON PLEAS fka Countrywide Home Loans :CIVIL DIVISION Servicing LP :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Brandon Powers :NO. 10-4937 Defendant (s) C E R T I F I C A T E C '=- lift I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( X ) An FHA insured mortgage Non-owner occupied Vacant Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN BY: L At MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLeNTIFF ,_, MARK J. UDREN, ESQUIRE - ID # 04302 C STUART WINNEG, ESQUIRE - ID # 45362 LORRAINE DOYLE, ESQUIRE - ID #34576 7rn ALAN M. MINATO, ESQUIRE - ID #75860 ?j CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ` x" rn WOODCREST CORPORATE CENTER G 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com BAC Home Loans Servicing, LP :COURT OF COMMON PLEAS fka Countrywide Home Loans :CIVIL DIVISION Servicing LP :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Brandon Powers :NO. 10-4937 Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 BAC Home Loans Servicing, LP, Plaintiff in the above Udren, ESQ., sets forth as of Execution was filed the real property located at: 17011 LP fka Countrywide Home Loans Servicing action, by its attorney, Mark J. of the date the Praecipe for the Writ following information concerning the 383 North 26th Street, Camp Hill, PA 1. Name and address of Owner(s) or reputed Owner(s): Name Address Brandon Powers 383 North 26th Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Anthony Northrup Ferraro Foods, INC Guiseppe Barone & Giovanni Barone PO Box 83 Camp Hill, PA 17011 287 South Randolphville Road Piscataway, NJ 08854 1400 Old Reliance Road Middletown, PA 17057 4. Name and address of the last recorded holder of every mortgage of record: Name Address BAC Home Loans Servicing, LP P.O. Box 660694 fka Countrywide Home Dallas, TX 75266 Loans Servicing LP Mortgage Electronic Registration Systems, INC PO Box 2026 Flint, MI 48501-2026 Mid Penn Bank 2615 North Front Street Harrisburg, PA 17110 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 383 North 26th Street Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: September 14, 2010 UDREN LAW OFFICES. P_C. Attorneys for Plaintiff STUART--?PINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LbREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WkRK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 r ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 !. t- WOODCREST CORPORATE CENTER 13.1 WOODCREST ROAD, SUITE 20 0 CHERRY HILL, NJ 08003-3620 c- 856-669-5400 c -< pleadings@udren.com BAC Home Loans Servicing, LP :COURT OF COMMON PLEAS fka Countrywide Home Loans =CIVIL DIVISION Servicing LP :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Brandon Powers :NO. 10-4937 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Brandon Powers 383 North 26th Street Camp Hill, PA 17011 Your house (real estate) at 383 North 26th Street, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on March 2, 2011, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $255,811.88, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take imaaediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have. the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, FORMERLY EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A WOODEN PIN IN THE EASTERN LINE OF NORTH TWENTYSIXTH STREET, AT THE SOUTHWEST CORNER OF LANDS NOW OR LATE OF WILLIAM N. LUDWIG; THENCE IN AN EASTERLY DIRECTION BY THE SAME 163.4 FEET TO A WOODEN PIN; THENCE IN A SOUTHERLY DIRECTION BY LANDS FORMERLY OF MURRAY D. OTT, 95 FEET TO A POINT; THENCE IN A WESTERLY DIRECTION BY OTHER LANDS FORMERLY OF D. EDWARD OTT, NOW OR LATE OF RANDALL H. STEPP AND WIFE, 163.4 FEET TO NORTH TWENTY-SIXTH STREET; THENCE ALONG THE EASTERN LINE OF NORTH TWENTY-SIXTH STREET, 95 FEET TO A WOODEN PIN, THE POINT OR PLACE OF BEGINNING. TAX ID / PARCEL NO. 01-20-1852-254 BEING KNOWN AS: 383 North 26th Street Camp Hill, PA 17011 PROPERTY ID NO.: 01-20-1852-254 TITLE TO SAID PREMISES IS VESTED IN BRANDON POWERS, AS SOLE OWNER BY DEED FROM ROBERT MALLETTE AND MARTI MALLETTE DATED 03/02/2007 RECORDED 04/04/2007 IN DEED BOOK 279 PAGE 2213. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udren.com BAC Home Loans Servicing, LP :COURT OF COMMON PLEAS fka Countrywide Home Loans :CIVIL DIVISION Servicing LP ::Cumberland County Plaintiff V. :NO. 10-4937 Brandon Powers Defendant(s) MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT C rma) n Zrn r M N 7:0 ;c ca <Q 20 s? o oc' TIC ? '.?rn C) Plaintiff, by its counsel, moves this Honorable Court for an Order directing service of the Notice of Sale upon Defendant(s), Brandon Powers by regular mail and certified mail and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant(s) at 383 North 26th Street, Camp Hill, PA 17011, which is the mortgaged premises. A copy of the Return of Service is attached hereto as Exhibit A. 2. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit B. 3. Said investigation was unable to determine an alternate address for said Defendant(s). 4. The last known address of Defendant(s) is as set forth in the attached Exhibits. S. A Judge has not ruled upon any other issue in this or a related matter, and there is no other issue before a Judge to be ruled upon. 6. There is no opposing counsel of record and therefore, no concurrence of opposing counsel can be sought. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Notice of Sale by regular mail and certified mail upon said Defendant(s), Brandon Powers. UDREN LAW OFFICES, P.C. BYVns/for AtPlaintiff ft Q. Thomas, Esquire M 10 204460 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor BAC Home Loans Servicing, LP Case Number vs. Brandon C. Powers 20104937 SHERIFF'S RETURN OF SERVICE 01/03/2011 03:46 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 383 North 26th Street, Camp Hill, PA 17011, Cumberland County. 01/19/2011 05:02 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Brandon C. Powers, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 383 North 26th Street, Camp Hill, PA 17011, address is vacant, defendant also unknown at alternate address of: 700 Valley Street, Enola, PA 17025 (Brisseys Pizza), defendant did not leave a forwarding at the post office. SHERIFF COST: $899.92 SO ANSWERS, February 02, 2011 RON R ANDERSON, SHERIFF EXHIBIT A t G .n iiv3 i ? ?, .arlK E fe ,., off. ir?c. Page 1 of 2 PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 10070823-1 Attorney Firm: Mark J Udren & Associates Case Number: Subject: Brandon Powers AX A: Brandon C Powers Last Known Address: 383 N 26th Street Camp Hill, PA 17011 Sandra Krekeler, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Location Specialist for Players National Locator. 2. On January 27, 20111 conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION A. SOCIAL SECURITY NUMBER(S): 178-50-xxxx B. EMPLOYMENT SEARCH: We were unable to verify current employment for Brandon Powers. C. INQUIRY OF CREDITORS: Creditors indicated the last reported address for Brandon Powers is 383 N 26th Street, Camp Hill, PA 17011 with no valid home number. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH: Directory assistance had no listing for Brandon Powers. We called (717) 645-9246 and spoke with Brandon Powers on his cell phone who stated he is living at 383 N 26th Street, Camp Hill, PA 17011. INQUIRY OF NEIGHBORS We were unable to contact any neighbors to confirm any other information for Brandon Powers. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE: As of January 27, 2011, the National Change of Address (NCOA) has no change for Brandon Powers from 383 N 26th Street, Camp Hill, PA 17011. EXHIBIT B 1/27/2011 Page 2 of 2 MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE: We were unable to verify current drivers license information for Brandon Powers. OTHER INQUIRIES A. DEATH RECORDS: As of January 27, 2011, the Social Security Administration has no death record on file for Brandon Powers and/or A.K.A.s under the social security number(s) provided. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.): None found. C. COUNTY VOTER REGISTRATION: We were unable to confirm a listing with the County Voters Registration Office. ADDITIONAL INFORMATION ON SUBJECT A. DATE OF BIRTH: Brandon - November 1970 AFFIANT sworn V before me on Notary ublicMNotary seal t alou s County_ , , '9LIC Players National Locator, 14444 Manchester Road, Manchester, MO 63011 Phone: (636) 230-9922 Fax: (636) 230-0558 1/27/2011 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udren.com BAC Home Loans Servicing, LP ?COURT OF COMMON PLEAS fka Countrywide Home Loans '_CIVIL DIVISION Servicing LP ':Cumberland County Plaintiff V. :NO. 10-4937 Brandon Powers Defendant(s) MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. NOTE: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A2d 603 (1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Return of Service marked Exhibit A, the Sheriff and/or Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant (s) has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit B. WHEREFORE, Plaintiff prays and respectfully requests service of the Notice of Sale upon Defendant(s) by regular mail and certified mail. UDREN LAW OFFICES, P.C. BY:/ //IV41 Att f r Plaintiff 1 rL Thomas, Esquire PA 10 204460 VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to make this Verification, and that the statements made in the foregoing MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. Date: February 4, 2011 UDREN LAW OFFICES, P.C. BY: ®' Attorne,ds for Plaintiff fte L Thomas, EsWre PA 10 20"W, I . UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udren.com BAC Home Loans Servicing, LP :COURT OF COMMON PLEAS fka Countrywide Home Loans :CIVIL DIVISION Servicing LP :Cumberland County Plaintiff V. :NO. 10-4937 Brandon Powers Defendant(s) CERTIFICATE OF SERVICE I, hereby certify that I have served true and correct copies of the attached Motion For Special Service upon the following person(s) named herein at their last known address or their attorney of record by: Regular First Class Mail Certified Mail Other Date Served: TO: Brandon Powers 383 North 26th Street Camp Hill, PA 17011 UDREN LAW OFFICES, P.C. BY:t 11 41-4K Attorne„ or Plaintiff L Th n us, Esquire 10204460 e ? Y7 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL DIVISION BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff V. Brandon Powers Defendant (s) NO. 10-4937 O R D E R m A rn ? M n ? ?,. µd ? rn Cam, --a co CD-n AND NOW, this -1N day of 5 ebco0?ry , 2011 upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on Defendant(s), Brandon Powers, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Brandon Powers at 383 North 26th Street, Camp Hill, PA 17011 and by posting the mortgaged premises located at 383 North 26th Street, Camp Hill, PA 17011. ? Mal Ad Wren Law *S 00p, 4/q/)/ K6 z RV THE COURT: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t^ t uO- ,,, _ Sheriff ? FICC Jody S Smith Chief Deputy a air ???34 1 Richard W Stewart Solicitor v1RA? BAC Home Loans Servicing, LP Case Number vs. Brandon C. Powers 2010-4937 SHERIFF'S RETURN OF SERVICE 01/03/2011 03:46 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 383 North 26th Street, Camp Hill, PA 17011, Cumberland County. 01/19/2011 05:02 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Brandon C. Powers, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 383 North 26th Street, Camp Hill, PA 17011, address is vacant, defendant also unknown at alternate address of: 700 Valley Street, Enola, PA 17025 (Brisseys Pizza), defendant did not leave a forwarding at the post office. 02/28/2011 As directed by Alan M Minato, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 05/02/2011 As directed by Alan M Minato, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/06/2011 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: $793.56 July 12, 2011 SO ANSWERS, (5 ?,, x 2 zj? ? RON R ANDERSON, SHERIFF I .' 77) LAW 077IC71 C, P.C. NL?R ; J. UDREN, ESQUIRE - ID #04302 ST J.A.'.T j471NN'E(37, :ESQUIRE - ID #45362 LORRAINE DO'-'?:JE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ C8003-3620 856-669-5400 pleadings@udren.com BIB('- Home Loans Servicing, LP fha Countrywide Home Loans Sere.,-icing LP Plaintiff V. Brandon Powers BAC Home Loans Servicing, LP, Plaintiff in the above Udren, ESQ., sets forth as of Execution was filed the real property located at: 17011 Defendant(s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS =CIVIL DIVISION :Cumberland County :MORTGAGE FORECLOSURE :NO. 10-4937 AFFIDAVIT PURSUANT TO RULE 3129.1 LP fka Countrywide Home Loans Servicing action, by its attorney, Mark J. of the date the Praecipe for the Writ following information concerning the 383 North 26th Street, Camp Hill, PA 1. Name and address of Owner(s) or reputed Owner(s): Name Address Brandon Powers 383 North 26th Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Anthony Northrup Ferraro Foods, INC Guiseppe Barone L Giovanni Barone PO Box 83 Camp Hill, PA 17011 287 South Randolphville Road Piscataway, NJ 08854 1400 Old Reliance Road Middletown, PA 17057 4. Name and address of the last recorded holder of every mortgage of recclyd: , Name Address BAC Home Loans Servicing, LP P.O. Box 660694 fka Countrywide Home Dallas, TX 75266 Loans Servicing LP Mortgage Electronic Registrat_on Systems, INC PO Box 2026 Flint, MI 48501-2026 Mid Penn Bank 2615 North Front Street Harrisburg, PA 17110 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept 1 Courthouse Square Carlisle, PA 1.7013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 383 North 26th Street Camp Hill, PA 17011 0 I ve•rify'tbat the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: September 14, 2010 UDREN LAW OF?C. Attorneys for Plaintiff STUART WZNNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE I? :,BQUIRE - ID #04302 :,SQUIRE - ID #45362 DC-7:.,f'', ESQUIRE - ID #34576 ..9.:L,-J[ M. ESQUIRE - ID #75860 ;'3] Ir.]',P, k ]!" AI7KEMA., ESQUIRE - ID #203437 eC)J:PO];.ATE CENTER 1 L '_ `ROOllC:.RE.17 ROAD, SUITE 200 ].-Y H_-LL, NJ 08003-3620 25 569-5400) -1 eading s@udren. com BL Hon-le Lc ans Servicing, LP Countr--wide Home Loans SE-:2-1C-1-1a LP Plaintiff v. Brandon Powers Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-4937 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Brandon Powers 383 North 26th Street Camp Hill, PA 17011 Your house (real estate) at 383 North 26th Street, Came Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on March 2, 2011, at 10:00am in the Commissioners Hearing Room, 2nd :Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $255,811..88, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be rel:isted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. if the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856--669- 5400. 2. You may be able to petition the Court to set aside the sale if the bi-d price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sher__ff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ?4? ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, FORMERLY EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT. BEGINNING AT A WOODEN PIN IN THE EASTERN LINE OF NORTH TWENTYSIXTH STREET, AT THE SOUTHWEST CORNER OF LANDS NOW OR LATE OF WILLIAM N. LUDWIG; THENCE IN AN EASTERLY DIRECTION BY THE SAME 163.4 FEET TO A WOODEN PIN; THENCE IN A SOUTHERLY DIRECTION BY LANDS FORMERLY OF MURRAY D. OTT, 95 FEET TO A POINT; THENCE IN A WESTERLY DIRECTION BY OTHER LANDS FORMERLY OF D. EDWARD OTT, NOW OR LATE OF RANDALL H. STEPP AND WIFE, 163.4 FEET TO NORTH TWENTY-SIXTH STREET; THENCE ALONG THE EASTERN LINE OF NORTH TWENTY-SIXTH STREET, 95 FEET TO A WOODEN PIN, THE POINT OR PLACE OF BEGINNING. TAX ID / PARCEL NO. 01-20-1852-254 BEING KNOWN AS: 383 North 26th Street Camp Hill, PA 17011 PROPERTY ID NO.: 01-20-1852-254 TITLE TO SAID PREMISES IS VESTED IN BRANDON POWERS, AS SOLE OWNER BY DEED FROM ROBERT MALLETTE AND MARTI MALLETTE DATED 03,/02/2007 RECORDED 04%04/2007 IN DEED BOOK 279 PAGE 2213. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4937 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From BRANDON PPOWERS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (?') You are also directed to attach the property of the defendant(s) not levied upon in the possession o 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 5255,811.88 L.L.S.50 Interest from 9/15/10 to Date of Sale 3/2/11 ongoing per diem of $42.33 to actual date of sale including if sale is held at a later date -- 57,153.77 Atty's Comm % Atty Paid S206.50 Plaintiff Paid Date: 9/14/10 (Seal) REQUESTING PARTY: Name: ALAN M. MINATO, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 75860 Due Prothy 52.00 Other Costs David Buell, Prot By: DZOM 'T -t 4 Deputy TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hats and the seal of said Court at Carlisle, Pa, Z- /44 day of.,,. . 2010 1 ? $, ,QP Protnorotary On November 2010 the ,5tleriff levied upon the def'endant's interest in the real property situated in Borough of Camp Hill, Cumberland County, PA, Known and numbered as, 383 North 26'11 Street, Camp 1-1111, more rally described on Exhibit "A" filed with this writ and by this reference incorporated herein Date: November "), 20 Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 28, February 4, and February 11, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law .lournal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. / ' "ter a Marie Coyne, E(Xtor SWORN TO AND SUBSCRIBED before 1ne this _11 day of February,2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-4937 Civil BAC Home Loans Servicing, LP vs. Brandon C. Powers Atty.: Alan M. Minato ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill, formerly East Pennsboro Township, County of Cumberland, and Commonwealth of Pennsylva- nia, more particularly bounded and described as follows, to wit: BEGINNING at a wooden pin in the eastern line of North Twentysixth Street, at the southwest corner of lands now or late of William N. Lud- wig; thence in an easterly direction by the same 163.4 feet to a wooden pin; thence in a southerly direction by lands formerly of Murray D. Ott, 95 feet to a point; thence in a westerly direction by other lands formerly of D. Edward Ott, now or late of Randall H. Stepp and wife, 163.4 feet to North Twenty-Sixth Street; thence along the eastern line of North Twenty-Sixth Street, 95 feet to a wooden pin, the point or place of BEGINNING. TAX ID PARCEL NO. 01-20-1852- 254. BEING KNOWN AS: 383 North 26th Street, Camp Hill. PA 17011. PROPERTY ID NO.: 01-20-1852- 254. TITLE TO SAID PREMISES IS VESTED IN BRANDON POWERS, AS SOLE OWNER BY DEED FROM ROBERT MALLETTE AND MARTI MALLETTE DATED 03/02/2007 RECORDED 04/04/2007 IN DEED BOOK 279 PAGE 2213. 49 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717,-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE r ot yews e. a Now you snow CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphins ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and exi ;t -ig under the laws if the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technolc g`. Pkwy, Suite 300, i i he Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publish er of T lE Patriot-News and qhe Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in t le City, County and tale aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 18. 4 and September 1 ! tF, 1949, respectively and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as prir to i and published in h :ir regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated belov That neither she n, )r said Company is interested in the subject matter of said printed notice or advertising, and that all of tl ie allegations of this ,tatement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and emp )v'ered to verify this ! tatement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously pa:si!d and adopted see, erally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Record rig of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on they c ate(s) shown bela mo: 1/28111 ............. `? .?..?... ti f,. Sworn to a9dsubscribed before.m is 2? day of Febrw try, 2011 A.D. -- - Notary Public COMMONWEALTH OF PENNSYMKIIA ;i!14/11 ;!!/11111 Notarial Seal Sheme L KJsner, Notary Public _owe! Paxton Twp., Dauphin County My om-11ssion Expire,. Nov, 26.20!1 rp?=mbar n+.^nsvvanla kt raci;0100 ofrjntar?Pc 2019.4937 Civii Term E y IiOM Lome Servk*V, LP Vs Brandon C. Powers Atty- Alan M Mlnato ALL TRAT CERTAIN LOT OR 'TRACT OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, FORMERLY EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND, AND C0MM0"NWEALTH OF PENNSYLVANIA, MOREPARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A WOODEN PIN IN THE EASTERN LINE OF NORTH TWENTYSIXTH STREET, AT THE SOUTHWEST CORNER OF LANDS NOW OR LATE OF WITI:TAM N. LIPDWIG; THENCE IN AN EASTERLY DIREG nON BY THE SAME 163.4 FEET TO A WOODEN P1N. THENCE IN A SOUTHERLY D1REAON BY LANDS FORMERLY OF MURRAY D. OTT, 95 FEET TO A POINT; THENCE IN A WESTERLY DIRECTION BY OTHER LANDS FORIAMY OF D. EDWARD OTT; NOW OR LATE OF RANDALL H. STEPP AND WIFE, 1614 FEET TO NORTH TWENTY-SIXTH STREET; THENCEALONGTHE EASTERN LINE OF NORTH TWENTY-SIXTH STREET, 95 FEET TO A WOODEN PIN, THE POINT OR PLACE OF BEGINNING. TAX ID PARCEL NO . 01-20-1852-254 BEING KNOWN AS: 383 North 26th street Camp Hill. PA 17011 PROPERTY ID NO.: of-20-1852-254 TITLE TO SAID PREMISES IS VESTED IN BRANDON POWERS, AS SOLE OWNER BY DEED FROM ROBERT MALLETTE AND MARII MALLETTE DATED 038222007 RECORDED 04"i2(Np IN DEED BOOK 279 PAGE 2213 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4937 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff (s) From BRANDON POWERS (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: $255,811.88 L.L.: Interest from 9/15/10 to date of sale 12/7/11 ongoing per diem of $42.33 - $19,006.17 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $1,021.56 Plaintiff Paid: Other Costs: Date: 8/11/11 (Seal) David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: DANIEL S. SIEDMAN, ESQUIRE Address: UDREN LAW OFFICE, P.C. 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 306534 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com BAC Home Loans Servicing, LP :COURT OF COMMON PLEAS fka Countrywide Home Loans :CIVIL DIVISION L? a Servicing LP :Cumberland County Plaintiff Boa i+° V. ::MORTGAGE FORECLOSURE Z? ??t ,_. C Brandon Powers €NO. 10-4937 Def endant (s) Lp. p-+t 2C v C PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due $255,811.88 Interest From 9/15/10 19,006.17 to Date of Sale December 7, 2011 Ongoing Per Diem of 42.33 to actual date of sale including if sale is held at a later date (Costs to be added) •i4. oa G6' s ^143. 5(a u « L3 P. 60 14.00 4. oa u 4 rloaLSlo Pd 0-07 UDREN LAW OFFICES-, C. BY: Attorneys for Plaintiff Daniel S. Siedman, Esq,,iire PA ILA 306-,,34 a .oo -Na do. 1"?lcrl UDREN LAW OFFICES, P.C. ATTORNEY ? WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FOR PLAINTIFF BAC Home Loans Servicing, LP :COURT OF COMMON PLEAS fka Countrywide Home Loans :CIVIL DIVISION Servicing LP :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Brandon Powers :NO. 10-4937 Defendant(s) CERTIFICATE TO THE SHERIFF '? C -q ? rn? =rn x:;a cn? r? is y, C -L m C c-s d G) I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: X A. An individual B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation --+C3 =-n C:) J C:) -.1 D III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFI P.C. BY: -ib--- Attorneys for Plaintiff Daniel S. Siedman, Esquire PA ID 306534 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 a CHERRY HILL, NJ 08003-3620 856-669-5400 rn? C= T_- Pleadin4s@udren.com BAC Home Loans Servicing, LP :COURT OF COMMON PLEAS "?.. .... i fka Countrywide Home Loans :CIVIL DIVISION } Servicing LP :Cumberland County Zo Z5 cam` Plaintiff T?C__ . )PI V. :MORTGAGE FORECLOSURE cam ; Brandon Powers :NO. 10-4937 Defendant(s) C E R T I F I C A T E I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X } Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDRENN LAW OFFICES, C. BY >---. Attorneys for Plaintiff Daniel S. Siedrnan, Esquire RA ID 306534 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com BAC Home Loans Servicing, LP :COURT OF COMMON PLEAS fka Countrywide Home Loans 'CIVIL DIVISION Servicing LP ,Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Brandon Powers :NO. 10-4937 Defendant(s) ._.. rnt;3 _ri =" C= Z ? Gn _ r- ) D z C CD-i, A' A nr =F O a AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 383 North 26th Street, Camp Hill, PA 17011 1. Name and address of Owner(s) or reputed Owner(s): Name Address Brandon Powers 383 North 26th Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Anthony Northrup Ferraro Foods, Inc. Guiseppe Barone and Giovanni Barone P.O. Box 83 Camp Hill, PA 17011 287 S. Randolphville Road Piscataway, NJ 08854 1400 Old Reliance Road Middletown, PA 17057 4. Name and address of the last recorded holder of every mortgage ' of record: Name Address BAC Home Loans Servicing, LP P.O. Box 660694 fka Countrywide Home Loans Dallas, TX 75266 Servicing LP Mortgage Electronic Registration Systems, Inc P.O. Box 2026 Flint, MI 48501-2026 MID Penn Bank 2615 North Front Street: Harrisburg, PA 17110 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover Street Carlisle, Pa 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 383 North 26th Street Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: August,,&, 2011 K UDREN LAW OFFICES, P. BY ?. Attorneys for Plaintiff Daniel S. Siedman, Esquire PA ID 306534 UDREN LAW OFFICES, P.C. ATTORNEY VOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com BAC Home Loans fka Countrywid Servicing LP V. Brandon Powers FOR PLAINTIFF Servicing, LP ]COURT OF COMMON PLEAS Home Loans :CIVIL DIVISION €:Cumberland County Plaintiff :MORTGAGE FORECLOSURE ::NO. 10-4937 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Brandon Powers 383 North 26th Street Camp Hill, PA 17011 nw G ZC p c wYy ::r- ^. °c rz -4C1 CD-n O r' --4 Your house (real estate) at 383 North 26th Street, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on December 7, 2011, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $255,811.88, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) -YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL DIVISION BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff NO. 10-4937 V. Brandon Powers Defendant(s) O R D E R c 3 '-IJCD -n 4M M -r_ ca n ac 'J n rr? ?rn C) --4C) =-11 _o-n rn AND NOW, this C day of 5 6>r VQrI , 2011 , upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on Defendant(s), Brandon Powers, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Brandon Powers at 383 North 26th Street, Camp Hill, PA 17011 and by posting the mortgaged premises located at 383 North 26th Street, Camp Hill, PA 17011. /Wrer) LOAD O?S 04p, ma( .1&4 04 V, DK6 z BY THE COURT: G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff NO. 10-4937 V. Brandon Powers Defendant(s) O R D E R AND NOW, this 3rd day of April, 2012, after consideration of Plaintiff's Petition for Postponement of Sheriff's Sale of the mortgaged property located at 383 North 26th Street, Camp Hill, PA 17011, it is hereby ORDERED that the said Sale currently scheduled for April 4, 2012, is extended 3 (three) month(s) to the regularly scheduled Cumberland County Sheriff's Sale scheduled for July 11, 2012. No further advertising or additional notice to lienholders or Defendant(s) is required provided the postponement is announced at the April 4, 2012 Sheriff's Sale. BY THE COURT: % il. C k J. TO:? Brandon Powers 383 North 26th Street Camp Hill, PA 17011 j/ Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 t/ Udren Law Offices, P.C. 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attn: Sale Department ) C,J u t.7 -ti -r c) ? o -? t-:: D C -- ?- C z e0p; P5 "NOT UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTUR1 i APP 12 ? 9:.i 111 WOODCREST ROAD, SUITE 200 ?UMBERL :' ND C0Ul? CHERRY HILL, NJ 08003-3620 ? , ? 856-669-5400 P E tq ,'p,11 p t- ? A N I A, BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Plaintiff V. Brandon Powers Defendant NO. 10-4937 MOTION FOR REASSESSMENT OF DAMAGES Plaintiff, BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, by its Counsel, Udren Law Offices, P.C., by and through the undersigned Attorney, moves the Court to direct the Prothonotary to reassess the damages in this matter and in support thereof avers the following: This is an action in mortgage foreclosure in which Plaintiff entered judgment against the Defendant in the in rem amount of $255,811.88, on September 14, 2010. A true and correct copy of the Praecipe for Judgment is attached hereto as Exhibit "A." 2. Subsequent to the entry of judgment, the foreclosure proceedings were voluntarily postponed by Plaintiff to allow Plaintiff time to file a Motion for Reassessment of Damages. The Sheriff s Sale date of February 1, 2012 was postponed to April 4. 2012 to allow Plaintiff time to file a Motion for Reassessment of Damages. 4. The mortgaged premises is currently scheduled for sale at the April 4, 2012 Sheriff s Sale. Subsequent to the entry of judgment, additional sums have been incurred or expended on Defendant's' behalf during the time the sale was postponed or stayed, or while the sale was pending, which sums include, but are not limited to, taxes, insurance and ongoing per diem interest, and Defendant has been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal of debt due and unpaid $230,034.78 Interest at 6.625% from 01/01/2010 to 04/04/2012 $34,414.38 (the per diem interest accruing on this debt is $41.75 and that sum should be added each day after 04/04/2012) Escrow Overdraft/Balance $29,675.49 Late Charges $988.91 Property Inspection $774.50 Foreclosure Costs to Date $3,017.56 NSF Fee $20.00 Attorneys Fees $1,650.00 TOTAL $300,575.62 6. Under the terms of the Mortgage, Plaintiff is entitled to inclusion of the amounts set forth in paragraph 4 as part of the judgment, and accordingly, attached hereto as exhibits "B" and "C", are the Mortgage and Note, allowing Mortgagee to charge Mortgagor the amount set forth herein, including, inter alia, attorney fees, costs of suit, and authorizing Mortgagee to place insurance if Mortgagor fails to do so. WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court grant its Motion and allow the damages to be reassessed, in rem, in the amount of $300,575.62, as set forth hereinabove. Respectfully submitted, UDREN LAW OFFICES, P.C. BY: ,- HARRY B. REESE, ESQUIRE PA ID 310501 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 BAC Home Loans Servicing, LP f/k/a COURT OF COMMON PLEAS Countrywide Home Loans Servicing LP CIVIL DIVISION € Cumberland County Plaintiff V. Brandon Powers NO. 10-4937 Defendant PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR REASSESSMENT OF DAMAGES As a result of a Bankruptcy Stay and/or the passage of time, or both, Plaintiff has requested adjustment of the in rem Judgment as set forth in its Motion to properly reflect the sums now due Plaintiff. Those sums reflect additional interest, late charges, escrow deficit (which may reflect insurance payments and taxes paid), and additional costs of suit, all of which are authorized by the loan documents, true and correct copies of which are attached to the Motion. It has been held that judgments bear interest from the time obtained or until, at least, time of sale or until satisfaction can be made. Interest is a legal incident of every judgment. Koolvent Aluminum Awning Co v. City of Pittsburgh, 192 Pa. Super. 650, 653, 162 A.2d 256, 257 (1960). A contract for post judgment rate above the so-called statutory rate of 6% per annum is allowable. Sicari v. Baruam. et.al 43 D. & C. 3d. 647 (1986, C.C.P. of Somerset County, Pa.) With regard to the pre judgment and post-judgment interest being claimed herein, Plaintiff is charging the contract rate of interest per the terms of the Mortgage (paragraph 27) and Note documents. See, Exhibits "B" (Mortgage) and "C" (Note) attached hereto. The pertinent paragraphs of the Mortgage and Note are highlighted. Escrow overdraft (property taxes and property insurance), property inspection (the protection of the secured interest of the Plaintiff by a checking of the Property to make sure it is not vacant, and if vacant, has not been broken into) and Foreclosure Costs are allowable pursuant to the terms of the Mortgage and Note as highlighted. Reasonable attorney fees with regard to a collection action in mortgage foreclosure are allowable pursuant to paragraph 21 of the Mortgage. The Pennsylvania Courts have concluded that as much as 5% or even 10% of the principal balance can be reasonable in the calculation of attorney's fees, and that such amount is enforceable. See, Federal National Mortgage Association v. U.S.A., 33 Pa. D. & C. 3d. 152, 156 (1982); Federal Land Bank of Baltimore v. Fetner. 269 Pa. Super. 455, 410 A. 2d. 344 (1979). Under the circumstances in the case, considering the additional efforts Plaintiff has been forced to pursue to recover what is due, the attorney's fees recited herein are reasonable. Therefore, Plaintiff prays and respectfully requests that the Honorable Court grant its Motion and allow the damages to be reassessed in the amount of $300,575.62, as set forth hereinabove. Respectfully submitted, UDREN LAW OFFICES, P.C. By. 1` 117 HARRY B. REESE, ESQUIRE PA ID 310501 L'DRF.N LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARit. J. UDREN, ESQUIRE - ID #04302 STUp.RT WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN' M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings®udren.com BAC Home Loans Servicing, LP fka - COURT OF COMMON PLEAS Countrywide Home Loans Servicing CIVIL DIVISION LP :Cumberland County P.O. Box 660694 Dallas, TX 75266 MORTGAGE FORECLOSURE Plaintiff V. Brandon Powers =NO. 10-4937 383 North 26th Street Camp Hill, PA 17011 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMRNT OF DAMAGES TO THE PROTHONOTARY: C v M Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) Brandon Powers for failure to. file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $251,951.63 Interest Per Complaint 2,285.82 From 07/23/2010 to 09/14/2010 Late charges per Complaint 76.07 From 07/23/2010 to 09/14/2010 Escrow payment per Complaint 1.498.36 From 07/23/2010 to 09/14/2010 TOTAL $255,811.88 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. Y : ?---? Attorneys f-or Plaintiff E STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED EXHIBIT A DATE: Q 4 O PROTHY wvzo k/ ('lied/1-0371o R? ?y8 is? Prepared By: JUDITH WALDNER AMERICA'S WHOLESALE LENDER 730 HOLIDAY DRIVE FL 4, BLDG 8 PITTSBURGH PA 15220 Phone: (412) 920-1.000 After Recording Return To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91410-0423 Parcel Number: Premises: 383 NORTH 26TH STREET CAMP HILL PA 17011 zil), [Space Above This Line For Recording Data] I POWER'S 00016417034903007 [Escrow/Cldsing #] [Doc ID #1 i MORTdAGE PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIItFORM INSTRUMENT WITH MFRS Page 1 of 17 -SA(PA) (0598) GHL (10/05)(d) VMP Mortgage Soiutlons, Inc. (500)621-7291 " 2 3 9 9 1' Form 3039 1/01 ?i4 1 7 0 3 mw,oo,oo,A EXHIBIT B DOC ID #: 00016417034903007 Ml?Y 1000157-0007861761-6 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage;of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated MARCH 0 2, 2 0 0 7 , together with all Riders to this document. (B) 'Borrower" is BRANDON POWERS, A SINGLE MAN Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successor and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 485012026, tel. (888) 679-MERS. (D) "Lender" is AMERICA'S WHOLESALE LENDER 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 MARCH 02, 2 0 0 7 The Note states that Borrower owes Lender TWO HUNDRED THIRTY SEVEN THOUSAND SIX HUNDRED and 00/100 Dollars (U.S. $ 2 3 7, 6 0 0. 0 0 ) plus interest. Borrower has promised to pay this debt in regular -6A(PA) (0508) CHL (10/05) Pape 2 o117 Porm 3030 1101 DOC ID #: 00016417034903007 Periodic Payments and to pay the debt in full not later than APRIL 01, 2037 (F) ."Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under.this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider , Second Home Rider 0 Balloon Rider Planned Unit Development Rider 14 Family Rider 0 VA Rider 0 Biweekly Payment Rider Other(s) [specify] I i (1) "Applicable Law" means all controlling applicgble 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. W "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 'funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or Authorize a financial institution to debit or credit an -•--account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are describes) in Section 3. (No "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid underlie coverages described in Section 5) for (i) damage to, or destruction of, the Property; (ii) condemnation or: other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly schedules] 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 Proce#iures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 G.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the l ote and/or this Security Instrument. 40 -8A(PA) (0608) CHL (i D/05) Page 3 01 17 Form 3W9 1101 ' DOC ID #i: 00016417034903007 TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures io Lender. ([) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance o? Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Bo70wer 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 MFRS; the following described property located in the, COUNTY of CUMBERLAND [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address-of 383 NORTH 26TH STREET, CAMP HILL , l3treet/City] Pennsylvania 17 011 ("Property Address"): [Zip Code] _ TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foreg?ing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that VIERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to; comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this 1ecurity Instrument. BORROWER COVENANTS that Borrower is lawf?lly 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 dbfend generally the title to the Property against all claims and demands, subject to any encumbrances of recd?d. -GA(PA) (0608) CHL (10/05) Page 4 o(17 Form 3039 1/01 I DOC TD #: 00016417034903007 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to coAstitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, repayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Se?urity Instrument shall be made in U.S. currency. However, if any check or other instrument received by'Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may rewire that any or all subsequent payments due under the Note and this Security Instrument be made in one ormore of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits; are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its' rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Bo4ower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of lime, 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 p"nts due under the Note and this Security Instrument or performing the covenants and agreements secured by s Security Instrument. 2. Application of Payments or Proceeds. Except 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 dueiunder Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this ?Security Instrument, and then to reduce the principal balance of the Note. I If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, hand 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 descr?bed 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. -GA(PA) (0608) OHL (10/05) Page 5 01' 17 Form 3039 1/01 DOC ID #: 00015417034903007 3. Funds for Escrow Items. Borrower shall pay to, Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments of ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may reqqire that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such] dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender wr 'ves Borrower`s obligation'to pay the Funds for any or all Escrow Items. Lender may wtiive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for,any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall ?"h 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 c?venant 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. Under may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. . Lender•may, at-any time,.collect and hold Funds in an amount-(a) sufficient to permit Lender-to apply the Funds at the time specified under RESPA,'and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution vihose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender jpays 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 n 't be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in wri"g, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If these is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. 4D-6A(PA) (0608) CHt. (10/05) Page 6 of 17 Form 3039 1/01 DOC ID #: 00016417034903007 Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges, Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pen ' but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement ksatisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall patisfy 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 eMte tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the ' provements now existing or hereafter erected on the Property insured against loss by fire, hazards included ithin 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 (includin deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the precedin 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 note ekercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-ti a charge for flood zone determination, certification and tracking services; or (b) a one-tune charge for flood zone determination and certification services and subsequent charges each time remappings or similar dhanges occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Leader is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage Ohall 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 th?n was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained 9ght significantly exceed the cost of insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. Tl}ese 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 renevfals 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 thell right to hold the policies and renewal certificates. If 40.6A(PA) (0506) CHL (10105) Page 7 of 17 Form 3039 1/01 DOC ID ##: 00016417034903007 Lender requires, Borrower shall promptly give to Lenderjall receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, no{, otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a !Standard mortgage clause and shall name Lender as mortgagee and/or as-an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrowe . Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if they restoration or repair is economically feasible and Lender's security is not lessened. During such repair and festoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that Stich 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 eardings 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 obligatidn 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 stuns 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 filnegotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if !Lender acquires the Property under Section 22 or - otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts-unpaid under the Note or this ?ecurity Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearn ed premrums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicaiAe to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use within 60• days after the execution of this Security Instrument Borrower's principal residence for at least one year after the 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 df the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Propdrty to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is the Property as Borrower's principal residence and shall continue to occupy the Property as date of occupancy, unless Lender otherwise 4®-6A(PA) (0509) CHL (10100) Pape 8 of 17 Form 3039 1101 DOC TD #: 00016417034903007 completed If the insurance or condemnation proceeds fare not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entriet upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection'with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property' and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lenderis interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or, repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, ?ut is not limited to, entering the Property to make repairs, change locks, replace or .board up doors and windows, drain water from pipes, eliminate building or other code violations ordangerous conditions, and have polities turned on or off. Although Lender may take action under this-Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking anyior all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice fromLender to Borrower requesting payment. If this Security Instrument is on 'a leasehold, 33orrov; 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 th4Mortgage 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, Borrowerlshall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retairi these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be ndn.refundable, notwithstanding the fact that the Loan at-$Aft) (0508) CHL (10/05) Page9 of 17 Form 3039 1/01 DOC ID #: 00016417034903007 is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or. earnings on such loss reserve. Lender can tto longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as g condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. ' Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which ni.y include funds obtained from Mortgage Insurance premiums). As a restilt of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the _ insurer, the arrangement is often termed "captive reinsurance." Further:. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for. Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund, (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protectidu Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shalt be paid to Lender. If the Property is damaged, such Miscellaneous Prgceeds 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 bad an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to b? paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings gn such Miscellaneous Proceeds. If the restoration or -6A(PA) (0508) CHL (10/05) Pago 10 of 17 Form 3039 1/01 DOC ID ##: 00016417034903007 repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be 4pplied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and bender 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 if value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, a4er 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 . Sectmty.Instgament,.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. ?orrower 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 forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall riot operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify. amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of 40 -6A(PA) (11508) CHL (10105) Page 116f 17 Form 3039 1/01 DOC ID #: 00016417034903007 Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute tho Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Secutity Instrument or the Note without the co-signer's consent. t 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 Borrowgr fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authonty. in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the c)rarging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or byI 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 rgduced by the amount necessary to reduce the.charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make guts 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 (?hether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund matte 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 no4ce 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 specoes a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone 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 a6tualiy received by Lender. If any notice required by -BA(PA) (0508) Clil. (10/05) Page 12 of 17 Form 3039 1/01 DOC ID #: 00016411034903007 this Security Instrument is also required under Applicable Law, the Applicable Law requitement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument 6r the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words ;of the masculine gender shall mean.and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" give, sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in th 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 fuh, of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of. acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Secu+ Instrument discontinued at any time prior to the earliest o€: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 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 Instnment;, and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Propery and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums ? and expenses in one or more of the following 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, -RA(PA) (t}58a) CHL (10/05) Page i3 of 17 Form 3039 1101 - - I f DOC ID #: 00016417034903007 instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case;of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold, one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this-Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. fiere also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer.and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, joie, 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 Forrective 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, of wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic ipetroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or; formaldehyde, and -radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response -action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substanbes, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property ?a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which; due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the ivalue 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). -GA(PA) (0508) CHL (10/05) Page 14 of 17 Form 3039 9/01 DOC ID #: 00016417034903007 Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Bdpower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by tl)e presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or 'regulatory authority, or any private party, that any remo,4al or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement i in this Security Instrument (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 cure the default ?s specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this S"hon 22, including, but not limited to, attorneys' fees an 23. d Rcosts of title evidence to elease. Upon aymen o the all sumps secured by t? s?Secur Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fees 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 sheriff's sale or other sale pursuant to this Security Instrument 26. Purchase Money Mortgage. If any of thv debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. -6A(PA) (0508) CHI. (10105) Page 15 of 17 Farm 3039 •1101 DOC ID ##: 00016417034903007 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borro, + er and recorded with it. (Seal) rrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower i r - t -BA(PA) (0606) CHL (10105) Page 16 df 17 Form 3039 1101 COMMONWEALTH OF PENNSYLVANIA, DOC ID ##: 00016417034903007 MM kr/ L County ss: On this, the day of. undersigned officer, personally appeared , before me, the ! known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/tbey executed the same for the purposes herein contained. IN WITNESS WKMOF, I hereunto set my hand and official seal. My Commission Expires: 1?140$ NOTARIAL SEAL BARBARA A RICHARDSON Notary Public NORTH NEWTONVII,, CUMBERLAND COUNTY My CoMnIsslon Expires Aug 2, 2008 Certificate of Residence NAB Aubl Title oi Officer i the correct address of the within-named Mortgagee is P.O. do hereby certify that 2026, Flint, MI 48501-2026. Witness my hand this day of cs CP k l ' Agent of Mortgagee -BA(PA) (0608) CHL (10/05) Page 17 of 17 Form 3039 1/01 LandAmerica Commonwealth SCHEDULE A - continued LEGAL DESCRIPTION Case No. 07105 All that certain lot or tract of land situate in the Borough of Camp Hill, formerly East Pennsboro Township, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a wooden pin in the Eastern line of North Twenty-Sixth Street, at the Southwest corner of lands now or late of William N. Ludwig; thence in an Easterly direction by the same 163.4 feet to a wooden pin; thence in a Southerly direction by lands formerly of Murray D. Ott, 95 feet to a point; thence in a Westerly direction by other lands formerly of D. Edward Ott, now or late of Randall H. Stepp and wife, 163.4 feet to North Twenty-Sixth Street; thence along the Eastern line of North Twenty-Sixth Street, 95 feet to a wooden pin, the point or place of Beginning. Being the same premises which Amos D. Meyers, Jr. and Charlene M. Meyers, husband and wife by Deed dated February 15, 2001 and recorded February 16, 2001 in Cumberland County in Deed Book Volume 239 Page 594 conveyed unto Robert P. Mellette and Marti K. Mallette, husband and wife, in fee. Tax ID / Parcel No. 01-20-1852-254 Schedule A - Page 2 Commitment No. 07105 This commitment is invalid unless the Information Sheet and Schedules A and B are attached Prepared by: JUDITH WALDNfER NOTE LOAN *: 164170349 MARCH 02, 2007 JACOBUS PENNSYLVANIA [Date] [City] [State] 383 NORTH 26TH STREET, CAMP HILL, PA 17011 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 237, 600.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is AMERICA'S WHOLESALE LENDER I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6 . 625 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the FIRST day of each month beginning on MAY 01, 2007 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on APRIL 01, 2037 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P.D. Box 660694, Dallas, Tx 75266-0694 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1, 521. 3 8 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00c) % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT tnitlals: ` -7 . Page 1 of 2 ®-5N (0207).01 CHL (010/04)(d) VMP Mortgage Solutions, Inc. (900)521-7291 Form 3200 1/01 ' 2 3 9 9 1 1 6 4 1 7 0 3 4 9 0 0 OVA (? C LOAN #: 164170349 (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. ( AND AL(S) OF THE UNDERSIGNED. ,_-W=rrNZ3&-1FgE (Seal) S.A 0. POWERS -Borrower _ (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower [Sign Original Only dft -5N (0207).01 CHL (10104) Page 2 of2 Form 3200 1/01 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP Plaintiff V. Brandon Powers ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-4937 Defendant CERTIFICATE OF SERVICE The undersigned, hereby certifies that true and correct copies of the Plaintiffs Motion for Reassessment of Damages and Brief in Support were served upon the following person(s) named herein at their last known address or their attorney of record. xxxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: }'1pV A J`,2012 TO: Brandon Powers 383 North 26`n Street Camp Hill, PA 17011 Defendant UDREN LAW OFFICES, P.C. By:?t ? ? JW? HARRY B. REESE PA Tr 310" UDREN LAW OFFICES, P.C. W.,IINO ATTORNEY FOR PLAINTIFF BY: HARRY B. REESE, ESQUIRE- ID WOODCREST CORPORATE CENTEk I I I WOODCREST ROAD, SUITE 200 ?- i j ,`9 E E- 1 O U f s, CHERRY HILL, NJ 08003-3620 P E S Y LVA N I A 856-669-5400 leadin2sna ,u dren.com BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP Plaintiff V. Brandon Powers Defendant COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-4937 CERTIFICATION OF CONCURRENCE/NON-CONCURRENCE I, Harry B. Reese, Esquire, Attorney for BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, hereby certify that on March 22, 2012, 1 served or caused to be served a true and correct copy of the within Motion for Reassessment of Damages and the proposed Order by pre-paid first class regular mail along with a request to the other parties to provide their concurrence or non-concurrence. The Concurrence/Non-Concurrence response deadline was A ?r; i , 2012, and, as of AQf l { ` , 2012, the other parties have not responded to the inquiry concerning concurrence. UDREN LAW OFFICES, P.C. BY:I k a A it ?l Attorney for Plaintiff HARRY B. REESE, ESQUIRE PA ID 310501 UDREN LAW OFFICES, P.C. BY: HARRY B. REESE, ESQUIRE- ID #310501 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF pleadings(&udren.eom BAC Home Loans Servicing, LP f/k/a :COURT OF COMMON PLEAS Countrywide Home Loans Servicing LP CIVIL DIVISION € Cumberland County Plaintiff V. Brandon Powers NO. 10-4937 Defendant 77 7 CERTIFICATION OF CONCURRENCE/NON-CONCURRENCE ,, co v? r ?. tD I, Harry B. Reese, Esquire, Attorney for BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, hereby certify that on March 22, 2012, I served or caused to be served a true and correct copy of the within Motion for Reassessment of Damages and the proposed Order by pre-paid first class regular mail along with a request to the other parties to provide their concurrence or non-concurrence. The Concurrence/Non-Concurrence response deadline was A Fr) i 2 , 2012, and, as of Qf, 2012, the other parties have not responded to the inquiry concerning concurrence. i UDREN LAW OFFICES, P.C. BY: V1. I A A _. Attorney for Plaintiff HARRY B. REESE, ESQUIRE PA ID 310501 " i ._ x COO pv BAC HOME LOANS SERVICING, LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP PLAINTIFF V. BRANDON POWERS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4937 CIVIL ORDER OF COURT AND NOW, this 16th day of April, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before May 7, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, VN\ -?, ? M. L. Ebert, Jr., J. ? Harry Reese, Esquire Attorney for Plaintiff 14randon Powers Defendant bas l , Al / U 7/! 17'LaZ I l --Z- -'Llt- I Cl) A ?a N -n .j w cn C) rnF C) -nl' PI"I° GL UDREN LAW OFFICES, P.C ' ` `' N'' i ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE C?. 25 AM 10; 111 WOODCREST ROAD, SUIT CHERRY HILL, NJ 08003-3620 -°UMBERLANO COUNT`t' 856-669-5400 PENNSYLVANIA pleadings udren com BAC Home Loans Servicing, LP f/k/a countrywide ` COURT OF COMMON PLEAS Home Loans Servicing LP CIVIL DIVISION LAWRENCE COUNTY Plaintiff V. Brandon Powers No. 10-4937 Defendants CERTIFICATE OF SERVICE OF RULE TO SHOW CAUSE The undersigned attorney hereby certifies that I have served or caused to be served true and correct copies of the Rule to Show Cause with a Rule Returnable Date of May 7.2012 with regard to Plaintiffs Motion For Leave to Amend Complaint upon the following person(s) named herein at their last known address or their attorney of record. xxxxxxx Regular First Class Mail Date Served: April 2'j, 2012 TO: Brandon Powers 383 North 26t' Street Camp Hill, PA 17011 Defendant UDREN LAW OFFICES, P.C. By: Atto for Plaintiff HARRY S. REESE, ESQUIRE PA ID 310501 BAC HOME LOANS SERVICING, LP, IN THE COURT OF COMMON PLEAS OF f/k/a COUNTRYWIDE HOME LOANS CUMBERLAND COUNTY, PENNSYLVANIA SERVICING, LP PLAINTIFF V. BRANDON POWERS, : DEFENDANT NO. 10-4937 CIVIL ORDER OF COURT AND NOW, this 16th day of April, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before May 7, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, %?t U M. L. Ebert, Jr., J. Harry Reese, Esquire Attorney for Plaintiff Brandon Powers C= ? Defendant ;z M •.i a bas c c z° a? C TO r `..Ea-i:F'F C THE' PR0TH0NJ_i11*-V Lindner and Lindner, P.C. By: Matthew Razzano , Esquire JUL -9 PM 12 5 Attorney ID # 88674 205 Floral Vale Blvd. CUMBERLAP C 1);?T?t Yardley, PA 19067 PENNSYLVANIA (215) 579 - 9800 Attorney(s) for Defendant BAC Home Loans Servicing, LP :IN THE COURT OF COMMON PLEAS Fka Countrywide Home Loans OF CUMBERLAND COUNTY, PA PO Box 660694 Dallas TX 75266 Plaintiff : CIVIL ACTION-LAW V. MORTGAGE FORECLOSURE Brandon Powers 383 N. 26`b St Camp Hill PA 17011 No: 10- 4937 Defendant EMERGENCY MOTION TO STAY SHERIFF'S SALE NOW COMES Defendant, :Brandon Powers (hereinafter "Defendant"), by and through their undersigned counsel, Matthew , Esquire petitions this Court to Order that the Sherifft`s sale scheduled for Jul), 11, 2012 be stayed and in support thereof states as follows: 1. On or about July 27, 2010 , Plaintiff, filed a Mortgage foreclosure action based upon Defendants` alleged mortgage default, whereby Plaintiff sought a judgment in the amount of $ 255,511.88 plus interest , attorneys fees and costs. 2. On or about September 15,2010, the Prothonotary entered judgment against Defendant in the amount of $ 255,511.88 plus costs . 3. A Sheriff's sale of the subject real property is scheduled for July 11,2012 4. Attached to Plaintiff Complaint in Foreclosure was a Act 91 notice that Plaintiff avers was sent to Defendant. A true and correct copy of said notice is marked Exhibit "A", attached hereto and made part hereof. 5.Said Act 91 Notice was deficient in that in did not advise Defendant of his right to a face to face meeting with Plaintiffs representatives. The Defendant has been prejudiced by said deficiency of notice . 6. Pursuant to Senate Bill No. 1433 of 2012 , if there is such a deficiency in the notice requirements the Court impose a stay on any Action. WHEREFORE, Defendant :respectfully requests that this Court enter an Order staying the Sheriff's sale of real property now scheduled for July 11, 2012. Date: -714?11 ?_ Respectfitlly submitted, r By. Matthew Razzano , Es i Attorneys for Defendant VERIFICATION I, Brandon Powers do hereby acknowledge attest and affirm that the statements contained herein in the forgoing Petition are true and correct to the best of my knowledge, information and belief. The undersigned understands that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date:/ 9, I z- ?- SankerfAmedea ,"* saw Paymmrla to: MoosLems P.O. Box IS?1a P.O. Bar 660FDI MWiVon, DE r9eocS2s LLrlaa, TX 76266n6'D? April 5, 2010 Certified Mall: Brandon Powers 7113 8257 1474 1274 0507 Return Receipt Reau sted 383 N 26TH ST e Regular Mail CAMP HILL, PA 17011-3620 Account No.: 164170349 Property Address: 383 North 26th Street Camp Hill, PA 1 701 1-3620 Current Servicer: BAC Home Loans Servicing, LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important isgal Irtiomnatlon. N you have a1V questions, represerrtatives at the Consumer Cr Coumasling Agency may be able to help explain It. You may also want to contact an attorney in your area. This local association may be able to help you find a lawyer. LA NOTIFICACIbN EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENCA UNA TRADUCC INMEDIATAMENTE LIAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS NUMERO MENCIONADO ARRIBA PUEDE SER ELEGIBLE PARA UN PRASTAMO POR EL PROGRAMA LLAMA "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE PERDIDA DEL DERECHO A REDIMIR SU HiPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: PWnvrY Ira btullono. ta to BAC • M*o ==21 Han. Ir • Dail sand rash • Plats brads aouMn *th yrYr patm,rrt For al ILA north Poymeri padoda. Irawra Is oda#fad m o mar" berl& Aam .". i 40 at for a L moraht, Ircko*v February. Is a *W d a 30WO of am d krlerad, Irr¢apaaaw of the stud nnbrr of drys In the troth. ,._?_. For pond mortha. ktWaal Is adaJabd t??jFtr.L?y ddy on the bal. afa 365dy y4r. Brandon Powers Caron HI11- PA 170113620 "1703Ht9 BAC Home Loans Servidng, LP is a subsidiary of Bank of America, N.A. P.m" writ mr aowrm number at al drake ore OOnaapard.naa. 111'emayahwgeycuataabrwVWtTroMmUrredarr*ciedbryO{?}lnpnyd kVtlWet?fl?laat to llppri®h1e Ml. BLOPAlilra Avwunt Member: 1041703 04 BlIlame Due for eamas rated above: $7.741.82 as of Apt 5 Brandon Powers . 383 North 26th Street Pt.n6 ups ofnM t ., Kim on aw rwern tha of va Carm Hil, PA 17011-3620 AdebnW li/fslpal BLCPAI IIIIIII'!'IIIIIIII'IIII"1111'IEIIIII'IIII'IIII'IIIIiI'1'tlll'III ?a0`' BAC Home Loans Servicing, LP PO BOX 15222 (owok Wilmington, DE 18sa6-5222 I iOf°' 164170349900000774482000774482 1: 5869900581., 164 17034911• HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF (THE "ACT's, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGE TEMPORARY STAY OF FOREC?ffri - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage Thirty (30) days from the date of this Notice. During that time you must arrange and attend a"face-to-face" meeting with one of consumer credit counseling agencies listed at the and of this Notice. THIS MEETING MUST OCCUR WITHIN_THF-INEXTTHB AGENCIES - It and 21MWE lender ma NO take action against meet with one of the consumer credit counseling agencies listed at y yyou Thirty (30) days after the date of this meeting. The nraQ are V At form at the Ilind of this Notice. It Is only necessary to schedule one face-to-face meeting. Advise your your Intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage Is In default for the reasons set forth later in this Notice (see following pages for specific informatlon about the nature of your default) If you have tried and are unable to resolve this problem w th the lender, you have the right to apply for financlai assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of tie designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies ha applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within Thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TI E PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY ANDY R APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGUE CX ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agar y under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decisl n after it receives your application. During that time, no foreclosure proceedings will be pursued against you It you have met the tl is requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of Its decision on y ur application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PA OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT O COLLECT THE DEBT. (if you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN A STATE OF DEFAULT DUE TO THE REASONS MENTIONED IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE. I NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender an your property located at: 383 North 26th Street Camp Hill, PA 17011-3e20 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are r1c1- past due: Monthly Charoes: 02/01/2010 $6,811.98 Late Cha=s: 02/01/2010 $152.14 Other Charges, Uncollected Late Charges: $780.70 Uncollected Costs: $20.00 Partial Payment Balance: ($0,00) TOTAL DUE: $7,744.62 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION IDo not use If riot apolicab lel BAC Horne Loarts Sarvicing, LP Is a subsidiary of Bank d Amedca, NA I E-mail use: RoA&V yaw etnar address below wa allow us to sad you ktormatlar on your acwtnt. Her we poet your p+yrasab: AN AwowA Nurnbw 184170349 Brarndon Powers E-nug adrkow: payment or prbndxal and kd red we be • to the lonces oulawA rig Msthnrt m Ww Was aapnaaly p o"tad Q fmk, d ?by . you wbmt an amount h kl8to yo ? f rrrordhq amount, va via appry your tU9ows: m m axsatarrdktg mordldy pdndpai and kdsraat, (R aeaow dYkNr dwges and olhor amounts you aws I with your low and (lr) to reduce to oigst principal balance or your Ica". Plene speeJly you ward an addWarrdamaad app8ad ro Rture Bran. rather than pindpel ratknum. Postdated shod : Posa7oted clods be processed an the dah nroNved uNass a ban a m-lor .grass b lace (fie deal wriaen the chuck as a snort a or ¦ repayment plan. HOW TO CURE THE DC„ FAULT • You may cure the default within THIRTY (30) DAYS of the data of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,744.82 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mid made elihtlbs' ti is Qtngk. certified check or money order made payable and sell to: SAO Home Loans Servicing, LP at P.O. Box 15222, Wilmington, DE 1geSS-5222. IF YOU DO NOT eERF THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, t lender intends to exsrclse No rights to acaahwate the mortgage debt. This means that the entire outstanding balance of this d bt will be considered due Immediately and you may lose the chance to pay the mortgage In monthly Installments. If full payment of t-m total amount past due Is not made within THIRTY (30) DAYS, the lender also Intends to Instruct Its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. It the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you, u will still be required to pay the reasonable attorney's fees that were actually Incurred, up to $50.00. However, If legal proceedings i is started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even If they exceed $50.00. attorney's fees will be added to the amount you owe the lender, which may also Include other reasonable costs. If you curs f is default within the THIRTY (30) DAY period, you will not be -required to pay attorney's toes. YOU HAVE THE RIGHT O REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING E NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums d e under the mortgage. RIGHT TO QURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up too is hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then dLO, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default In the manner set forth In this notice will restore your mortgage to the same posttlon as If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It Is estimated that the earliest date that such a Sheriff's Sale of the mortga e property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual data of e Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you w lt. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDE$% Name of Lender: BAC Homo Loans Senescing, LP Addremane P. Q. Box 860894 Dales, TX 75266-0894 Phone Number 1,800.6'41-3302 Fox Number: 1,817-230-8811 his TX2-977-01-13 Attention: Loan Counsellor Email Address: To ensure secure small communications please log on to the BAC Home Loans Servicing, LP Webs at www.bankofamerica.com and small us by navigating through the Customer Service link provided. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will and your ownership of the mortgaged property and y4 right to occupy k. If you continue to live In the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and at belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage di provided that all the outstanding payments, charges and attorney's foes and costa are paid prior to or at the sale and that the of requirements of the mortgage are satisfied. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. I TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TFIIE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN AY CALENDAR YEAR.) ll TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan Is in default. Pursuant to your loan documents, BAC Home Loans Servicing, LP may, enter upon and conduct an Inspr of your property. The purposes of such an inspection are to (1) observe the physical condition of your property, (to verify that the property Is occupied and/or (III) determine the identity of the occupant. If you do not cure the default prior to the Inspection, other actions to protect the mortgagee's Interest In the property (including, but not limited to, winterbtatlon, securing the property, and 13AC Horne Loans Servicing, LP Is a subeidlery of Bank of Amerlce, NA 7113 92S9 1474 1274 valuation services) may be taken. The costs of the above-doscriltied Inspection& and property preservation efforts will be charged to your account as provided In your security Instrument. If you are unable to cure the default on or before May 5, 2010, BAC Home Loans Servicing, LP warms you to be aware of va options that may be available to you through BAC Home Loam Servicing, LP to prevent a foreclosure sale of your property. example: • Repayment Plan: It Is possible that you may be eligible for some form of payment assistance through BAC Home Loa Servloing, LP. Our basic plan requires that BAC Home Loans Servicing, LP receive, up front, at leash 94 of the amoi necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regu monthly payment, over a deflned period of time. Other repayment plans also_are available. e Loan Modification: Or, It Is possible that the regular monthly payments can be lowered through a modifbatlon of the to by reducing the Interest rats and then adding the delinquent payments to the current loan balance. This foreciosr alternative, however, Is limited to certain loan types. • Sale of Your Property: Or, If you are willing to sell your home in order to avoid foreclosure, It is possible that the sale your home can be approved through BAC Home Loans Servicing, LP even If your home Is worth less than what Is ow on It. • Deed-in-Lieu: Or, If your property Is free from other liens or encumbrances, and If the default Is due to a serious financl hardship which Is beyond your control, you may be eligible to deed your property directly to the Notsholder and avoid tt foreclosure sale. If you are Interested In discussing any of these foreclosure alternatives with BAC Home Loans Servicing, LP, you must contact Immediately. It you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistance will be extendv to you_ In the meantime, BAC Home Loans Servicing, LP will pursue all of Its rights and remedies under the loan documents and permitted by law, unless It agrees otherwise In writing. Failure to bring your loan current or to enter Into a written agreement by May 2010 as outlined above will result in the acceleration of your debt. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center Immediately at 1-800-641-5302. SAC Horne Loans Servicing, LP Is a subsidiary of Bank of Arnerlaa, NA 7113 AZ57 1474 ]274 HOUSE AMENDED PRIOR PRINTER'S NOS. 1988, 2079, 2164, PRINTER'S NO. 2257 2212 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL 1433 Session of No. 2012 INTRODUCED BY GORDNER, PILEGGI, COSTA, BROWNE, WAUGH, ERICKSON, RAFFERTY, FONTANA, BAKER, ALLOWAY, VANCE, STACK, YUDICHAK, FERLO, PIPPY, GREENLEAF, SCHWANK, WOZNIAK, BLAKE, BREWSTER, ARGALL, ORIE, LEACH, VOGEL, DINNIMAN, BOSCOLA, MENSCH AND FARNESE, MARCH 6, 2012 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 6, 2012 AN ACT 1 Providing for the Homeowner Assistance Settlement Act; 2 establishing a fund for the purpose of funding the 3 Homeowner's Emergency Mortgage Assistance Program; and 4 providing for - THE EFFECT OF NONCOMPLIANCE 5 WITH THE NOTICE REQUIREMENTS OF THE HOMEOWNER'S EMERGENCY 6 MORTGAGE ASSISTANCE PROGRAM AND FOR ALLOCATIONS FROM THE 7 FUND. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Short title. 11 This act shall be known and may be cited as the Homeowner 12 Assistance Settlement Act. 13 Section 2. Definitions. 14 The following words and phrases when used in this act shall 15 have the meanings given to them in this section unless the 16 context clearly indicates otherwise: 17 "Fund." The Homeowner Assistance Settlement Fund established 1B in section 3 (a). 1 "Homeowner Assistance Settlement Agreement." The settlement 2 agreement and related documents entered into on February 9, 3 2012, by the Attorney General of the Commonwealth and the 4 leading United States mortgage servicing companies. 5 "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM." THE 6 PROGRAM ADMINISTERED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY 7 AND ESTABLISHED UNDER ARTICLE IV-C OF THE ACT OF DECEMBER 3, 8 1959 (P.L.1688, NO.621), KNOWN AS THE HOUSING FINANCE AGENCY 9 LAW. 10 Section 3. T..J-]5 :.-.L......I V , Of 11 12 HOMEOWNER ASSISTANCE SETTLEMENT FUND. 13 ( a ) rro e?va' r tans Settlement and ESTABLISHMENT.— 14 There is established a special fund known as the Homeowner 15 Assistance Settlement Fund. All payments received by the 16 Commonwealth pursuant to the Homeowner Assistance Settlement 17 Agreement shall be deposited by the Treasury Department into the 18 fund AND ARE HEREBY APPROPRIATED ON A CONTINUING BASIS. 19 (b) Disti4but`-- ALLOCATION of funds.--The moneys in the 20 fund shall be ' str 15ut ALLOCATED each fiscal year no later 21 than July 1, 15y the State Paz UNTIL ALL SETTLEMENT FUNDS 22 ARE EXPENDED, subject to the following limitations: 23 (1) Ninety percent shall be e45tr bti 4 ALLOCATED to 24 the Pennsylvania Housing Finance Agency for the purpose of 25 funding the Homeowner's Emergency Mortgage Assistance 26 Program. 27 (2) Five percent shall be d tea ALLOCATED to the 28 Office of Attorney General for the purpose of funding housing 29 consumer protection programs. 30 (3) Five percent :hall be -" 5tf"15 •` e'' ALLOCATED to the E E E E E E E F 20120SB1433PH2257 - 2 - I Access to Justice Account established under 42 Pa.C.S. § 4904 2 (relating to establishment of Access to Justice Account) for 3 civil legal assistance related to housing issues. 4 (c) Limitation on annual ALLOCATION.--The 5 annual ALLOCATION of funds under subsection (b) 6 shall not exceed $12,000,000 annually, EXCEPT THAT IN FISCAL 7 YEAR 2012-2013 THE AMOUNT SHALL NOT EXCEED $18,000,000. 8 Section 4. Initial aatt4:"'ti-e ALLOCATION. 9 T-?t{'' IN ADDITION TO ANY ALLOCATION UNDER SECTION 3, THE sum of 10 $6,000,000 is hereby `" --`'-''-"}e ' ALLOCATED from the fund FOR 11 FISCAL YEAR 2012-2013 to the Pennsylvania Housing Finance Agency 12 for the Homeowner's Emergency Mortgage Assistance Program. 13 SECTION 5. EFFECT OF NONCOMPLIANCE WITH NOTICE REQUIREMENTS IN 14 THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE 15 PROGRAM. 16 THE FOLLOWING PROVISIONS SHALL APPLY RELATING TO THE 17 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM: 18 (1) IF THERE HAS BEEN A FAILURE TO COMPLY WITH THE 19 NOTICE REQUIREMENTS OF' SECTIONS 402--C AND 403-C OF THE ACT OF 20 DECEMBER 3, 1959 (P.L.1688, NO.621), KNOWN AS THE HOUSING 21 FINANCE AGENCY LAW, AND SUCH FAILURE HAS BEEN PROPERLY RAISED 22 IN A LEGAL ACTION, INCLUDING AN ACTION IN FORECLOSURE, FOR 23 MONEY DUE UNDER THE MORTGAGE OBLIGATION OR TO TAKE POSSESSION 24 OF THE MORTGAGOR'S SECURITY, THE COURT MAY DISMISS THE ACTION 25 WITHOUT PREJUDICE, ORDER THE SERVICE OF A CORRECTED NOTICE 26 DURING THE ACTION, IMPOSE A STAY ON ANY ACTION OR IMPOSE 27 OTHER APPROPRIATE REMEDIES IN THE ACTION TO ADDRESS THE 28 INTERESTS, IF ANY, OF THE MORTGAGOR WHO HAS BEEN PREJUDICED 29 THEREBY. 30 (2) THE FAILURE OF A MORTGAGEE TO COMPLY WITH THE f F 20120SB1433PN2257 - 3 - l 1 REQUIREMENTS OF SECTIONS 402-C AND 403-C OF THE HOUSING 2 FINANCE AGENCY LAW MUST BE RAISED IN A LEGAL ACTION BEFORE 3 THE EARLIER OF ENTRY 1N AN RGTLI?? q DELIVERY OF A SHERIFF'S OR MARSHAL'S DEED IN 5 THE: FORECLOSURE ACTION OR DELIVERY OF A DEED BY THE 6 MORTGAGOR. 7 (3) THE FAILURE OF A MORTGAGEE TO COMPLY WITH THE 8 REQUIREMENTS OF SECTIONS 402-C AND 403-C OF THE HOUSING 9 FINANCE AGENCY LAW SHALL NOT DEPRIVE A COURT OF JURISDICTION 10 OVER ANY LEGAL ACTION, INCLUDING AN ACTION IN FORECLOSURE, 11 FOR MONEY DUE UNDER THE MORTGAGE OBLIGATION OR TO TAKE 12 POSSESSION OF THE MORTGAGOR'S SECURITY. 13 (4) THE FAILURE OF A MORTGAGEE TO COMPLY WITH THE 14 REQUIREMENTS OF SECTIONS 402-C AND 403-C OF THE HOUSING 15 FINANCE AGENCY LAW SHALL NOT IMPAIR THE CONVEYANCE OR OTHER 16 TRANSFER OF LAND AND THE TITLE OF PROPERTY SUBJECT TO A 17 MORTGAGE OBLIGATION COVERED UNDER THE HOUSING FINANCE AGENCY 18 LAW. 19 SECTION 6. SEVERABILITY. 20 THE PROVISIONS OF THIS ACT SHALL BE SEVERABLE. IF ANY 21 PROVISION SHALL BE HELD TO BE INVALID, ILLEGAL OR OTHERWISE 22 UNENFORCEABLE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE 23 REMAINING PROVISIONS SHALL NOT BE AFFECTED OR IMPAIRED THEREBY. 24 SECTION 7. APPLICABILITY. 25 THE PROVISIONS OF SECTION 5 SHALL APPLY RSTRe- em,r.ln 26 RETROACTIVELY TO JUNE 5, 1999. 27 Section ?5 8. Effective date. 28 This act shall take effect immediately. E f F 20120SB1433PN2257 - 4 - • IN THE COURT OF COLON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff V. Brandon Powers Defendant(s) NO. 10-4937 O R D E R AND NOW, this day of July, 2012, after consideration of Plaintiff's Petition for Postponement of Sheriff's Sale of the mortgaged property located at 383 North 26th Street; Camp Hill, PA 17011, it is hereby ORDERED that the said Sale currently scheduled for July 11, 2012, is extended 1 (one) month to the regularly scheduled Cumberland Country Sheriff's Sale scheduled for August 8, 2012. No further advertising or additional notice to lienholders or Defendant(s) is required provided the postponement is announced at the July 11, 2012 Sheriff's Sale. BY THE COURT: J. TO: Matthew Razzano, Esquire 205 Floral Vale Blvd. Yardley, PA 19067 Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 Udren Law Offices, P.C. 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attn: Sale Department • UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadings@udren.com BAC Home Loans Servicing, LP COURT OF COMMON PLEAS fka Countrywide Home Loans CIVIL DIVISION Servicing LP Cumberland County Plaintiff V. Brandon Powers NO. 10-4937 Defendant(s) PETITION FOR POSTPONEMENT OF SHERIFF'S SALE M M ? . ? = - - =.= r - ,: fry c-- - : :, © tiro '? Plaintiff, by its counsel, petitions the Court for a 1 (one) month postponement of the Sheriff's sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriff's sale of the mortgaged property involved herein, located at 383 North 26th Street, Camp Hill, PA 17011 was originally scheduled for December 7, 2011, then postponed to February 1, 2012, then postponed to April 4, 2012, due to Plaintiff's request to reassess damages, then postponed to July 11, 201.2. 2. The Plaintiff seeks the postponement of the Sheriff's sale 1 (one) month pending disposition of the pending Motion to Reassess Damages, having been filed with the Prothonotary's office on April 12, 2012. 3. Pursuant to local rule the defendant(s) are represented by counsel and plaintiff has sought and obtained the concurrence of Defendant's Counsel to postpone the Sheriff's sale. 4. The Honorable M.L. Ebert, Jr. Was assigned to this matter and granted Plaintiff's prior petition to postpone Sheriff Sale. • WHEREFORE, Plaintiff respectfully prays and requests that the Sheriff's sale of the mortgaged property be postponed to the August 8, 2012 Sheriff's sale. Respectfully submitted, UDREN LAW OFFICES, P.C. BY: '-- Nat n C.,=Wolf, Esquire Attorney for Plaintiff Lo Counsel Alan M. Minato, Esquire PA ID 75860 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, Na 08003-3620 856-669-5400, pleadings@udren.com BAC Home Loans Servicing, LP ;COURT OF COMMON PLEAS fka Countrywide Home Loans :CIVIL DIVISION Servicing LP :Cumberland County Plaintiff V. Brandon Powers NO. 10-4937 Defendant(s) PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania R.C.P. 3129.3(b) allows for the postponement of a Sheriff's sale. In the present matter, the sale has been previously postponed pending disposition of Plaintiff's Motion to Reassess Damages. Therefore, in order for the Plaintiff to be able to properly conduct itself at the Sherif'f's sale, a postponement of the sale is necessary. Pa.R.C.P. 3129.3(a) allows the postponement of the sale more than once, and without new notice, by Special Order of Court. Accordingly, for the reasons hereinabove stated, and as more particularly set forth in the Motion, Plaintiff respectfully requests continuance of the Sheriff's Sale of the mortgaged premises, located at 383 North 26th Street, Camp Hill, PA 17011, to the August 8, 2012 Sheriff's sale as set forth in the Motion. Respectfully submitted, Na an . Wolf, Esquire Lo Counsel UDREN LAW OFFICES, P.C. BY: c Attorney for Plaintiff Alan M. Minato, Esquire PA ID 75860 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-569-5400, pleadings@udren.com BAC Home Loans Servicing, LP -COURT OF COMMON PLEAS fka Countrywide Home Loans :CIVIL DIVISION Servicing LP :Cumberland County Plaintiff V. Brandon Powers :NO. 10-4937 Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that true and correct copies of the attached Petition for Postponement of Sheriff's Sale was served upon the following person(s) named herein at their last known address or their attorney of record by: Regular First Class Mail Certified Mail Other Date Served: July 10, 2012 TO: Matthew Razzano, Esquire 205 Floral Vale Blvd. Yardley, PA 19067 Attorney for Defendant UDREN LAW OFFICES, P.C. - /Wn, BY Nath C Wolf, Esquire Attorney for Plaintiff Loc ounsel Alan M. Minata, Esquire PA ID 75660 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff :NO. 10-4937 V. Brandon Powers Defendant(s) O R D E R AND NOW, this 10th day of July, 2012, after consideration of Plaintiff's Petition for Postponement of Sheriff's Sale of the mortgaged property located at 383 North 26th Street, Camp Hill, PA 17011, it is hereby ORDERED that the said Sale currently scheduled for July 11, 2012, is extended 1 (one) month to the regularly scheduled Cumberland County Sheriff's Sale scheduled for August 8, 2012. No further advertising or additional notice to lienholders or Defendant(s) is required provided the postponement is announced at the July 11, 2012 Sheriff's Sale. DV MUV nnTTDT . TO-./ Matthew Razzano, Esquire 205 Floral Vale Blvd. Yardley, PA 19067 Sheriff of Cumberland County ? s One Courthouse Square Carlisle, PA 17013 Udren Law Offices, P.C. 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attn: Sale Department ?°// c? ?r rZ C) c-: r-- 0 -v w FV r? -r; UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIF F WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 <:n 856-669-5400 w --j pleadings@udren.com W G -- BAC Home Loans Servicing, LP f/k/a rn € COURT OF COMMON PLEAS ' r ; Countrywide Home Loans Servicing LP € CIVIL DIVISION C:) I Plaintiff = Cumberland County Brandon Powers --+ Defendant(s) € NO. 10-4937 ORDER AND NOW, this /e day of , 20/a , Upon consideration of Plaintiff Motion for Reassessment of Damages, and a y response thereto, the Prothonotary is ORDEREI to reassess the damages, in rem, in the amount of $300,575.62 as more particularly set forth below: Principal of debt due and unpaid S230,034.78 Interest at 6.625% from 01/01/2010 to 04/04/2012 S-314,414.38 (the per diem interest accruing on this debt is $41.75 and that sum should be added each day after 04/04/2012) Escrow Overdraft/Balance S29,675.49 Late Charges $988.91 Property Inspection $774.'50 Foreclosure Costs To date $3,017. 6 NSF Fee $20. 0 Attorneys Fees $1.650. TOTAL $300.575. BY THE COURT: J. DISTRIBUTION LIST: Paige Bellino, Esquire: Udren Law Offices, P.C., Woodcrest Corporate Center, 111 Woodcrest Road, Suite 200, Cherry Hill, NJ 08003, phone: 856-669-5400, email: pleadin(gs(uvudren.com V/ Brandon Powers, 383 North 26 `" Street, Camp Hill, PA 17011 Lindner and Lindner, P.C. By: Matthew Razzano , Esquire Attorney ID # 88674 205 Floral Vale Blvd. Yardley, PA 19067 (215) 579 - 9800 Attornev(s) for Defendant BAC HOME LOANS SERVICING L AN THE COURT OF COMMON f/k/a Countrywide Home Loans PLEAS OF CUMBERLAND COUNTY Plaintiff PENNSYLVANIA 26th JUDICIAL DISTRICT CIVIL ACTION-LAW C= V. BRANDON POWERS, Defendant rnco MORTGAGE FORECLOSUI _ To. c-, Cl3 4 NO. 2010- 4937 C-) C E73, --1 CD DEFENDANT'S MOTION FOR A STAY OF SHERIFF'S SALE OF REAL PROPERTY NOW COMES Defendants, Brandon Powers (hereinafter "Defendant"), by and through his undersigned counsel, Matthew Razzano, Esquire petitions this Court to stay the Sheriff's Sale of Real Property located at 383 N. 26TH St Camp Hill PA and in support thereof states as follow: C__, C) i z? C) _n 1. On or about July 27, 2010, Plaintiff filed a Mortgage foreclosure action based upon Defendants' alleged mortgage default, whereby Plaintiff sought a judgment in the amount of $255,511 .88 plus interest , attorneys fees and costs. 2. On or about September 15, 2010 , the Prothonotary entered judgment against Defendant in the amount of $255, 511.88 plus interests, attorney's fees and costs . 3.A Sheriff's Sale of the subject Real Property is scheduled for August 8, 2012. 4. Attached to Plaintiff's Complaint in Foreclosure in the above captioned matter was an ACT 91 notice that Plaintiff avers was sent to the Defendant . A copy of said notice is attached hereto and marked Exhibit " A" . 5. Said Act 91 notice was deficient in that said notice failed to advise Defendant of his right to a face to face meeting with Plaintiff's representatives The Defendant was prejudiced by said deficiency. 6. Senate Bill No 1433 of 2012 permits the issuance of a stay where such deficiency is present in addition to other remedies. WHEREFORE, your movant respectfully requests this Honorable Court to enter a stay of the Sheriff's Sale of real Property scheduled for August 8, 2012 . Respectfully submitted, Lindner and Lindn r , P.C. f,, By: Matthew Razzano , Es G Attorneys for Defendants Date: 111 VERIFICATION I, -7????`?"? i do hereby acknowledge attest and affirm that I am the attorney for the Defendants and the statements contained herein in the foregoing Petition are true and correct to the best of my knowledge information and belief and correct to the best of my knowledge, information and belief. The undersigned understands that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. (f d" i ) Date: ? :?' i 0 Ban kt>rfAmfulata ?? s??vf'iymwrls ta: IlpRi?a leans P.D. t3Atr rStd2 P.Cf. BOX amxw ilffln ngierr, DE 11W0,= (Xm!!», 7X 7Ak"4 - 4 April S, 2010 Gerttliad Mal: BraMdOnPOWaM 7318 8257 1474 7474 P EI"? 383 N 28TH ST Regular ail t 322=21ed Mail CAMP HILL, PA 17011 -8624 Aczoatett No.: 164170349 Property Addr08W 2583 worth 26th rtteat Oern p Hilt, PA 17011-3U20 Calrrar* Sarvicer: 5AC HDma Lome Servicing, LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 1WN In An Q$r-ls( Jn wit Will T? ?a n ?=E hom+ is ? dsi?l nlt,, and the lender irdwnea to M owe ygific IErtrMMUQ01f?in MOM- of ?R-d?tlllt?ll.la[ o I- 1 ttro aitlA0 n? pa?'• [MATS E = Tad??hhl t1sak p Math M w ten V: rnaee With ilea G .,!rnwilna Acencv Phis Notlee oorwW ns Important legal lnlatrtaadlatt- it you have any quBOtlons, raprowentathtse at the Consumer Credit Co rmWing Agency may he dale to hwip expllaln n You may also want to mntaat an atto"my In your area. The local bar ?sssoolat)An may be Able to help you firsd r lawyer. LA r40TiF)GAVI6ta EN ADJUNTO ES DE SIJINA 1Mf ORTANCIA; PUEB AFEC+TA SU DERECHO A C.ONTID i.IAR V1V1EtiDO Em SU CASA- 81 NO COMP ENDE Ixl. CDNTRN100 06 ESTA 1410771 ICArmfbm OBTERGA UNA TRADUCC16N 1tJatIEDlNIAMi`at1TM LLAMA74DO ESTA AGENUM (FEU SYLVANIA HOiJSING FINANCE AGF-MCY) SIN CARGOS AL N JMERO WENCICOAP0 ARRIB,4 PtWDF SEFt ELEGIBLE PARA I,IN PRI=STAM0 POR EL PROGAAMA LLAIi1ADO "HOMEOWNER'S EMERGENCY WORTC3^QE A35PsTANCr-- PROt91191AM"' EL CUAL PUEDE SALYAR 3U CASA DE LA PERDIDA DEL DERECHO A REDIMIR 84J 1111POTECA. HOME:OWNER'$ NAME(S): PROPERTY ADDREWi: LOAN ACCT. NO,,-. ORIGINAL LENDER', CUFtRr= V r LEN1)Ea3/sEFaMfIa?ER7 FsKrnrA In Aru*Fd-: M*P M* rard+?ck+?c_ kpvyatMa0.AC • Dort aaW m•ti Pt- Gra.atem,'ponw?cR>ou p.mcn( Far W TO M*M pay.l "A dh r-ol W-fi-aed onammHgo wp, Acmrdrpy, V-d w no u -VA r"xw,p rvbwy", ?r wkLAdog m M)rSBO d arwL kMlnn, hiAwam of a,..'3"' ni 'r r er of derv In ilm math. Cn In 399 Is o at <ao rjutz dA WIN dyb cr1 vie to t®i. dg o J6rdvyyam sra nclan Powers 23 Hvrlh 201b Streot Cwmt;l. Hi1L PA 17011:2M IAA TWM PAC tte.rte LSt9ns BciUft tta. LP. a ywhn flary at RaCK of r>tr,eric? M A BAC Hem Lonna, 3erkidng. LP la a oubsi90ty Of Bank ar America, NA. Fieee coin Yotr tioaotra nmioer on W ai1?71P Wki CY'.ateetxwr'r3. Wemtrydis'gaga:efee la'attyprww4reurredorr*0&dby}"y&mraafrnnenb?.ty?attoppprmcnq., oWnwti:t;.kmromari?e Ac-m- ff tuber: Yb4 031D+D f5slanra Die W o!n &a1dw pwMft ^9aa >isic d ahVve:37.741.92 ms d AP-0 4.2010. 303 North Vdi $irnal rtowa .ycan vrnai tra aslm wt eui rerwr e w a tun mu x Gamy Hill, PA 1701"M EilyAt ((??al'I'Iii?t1??'E??i.,11It'IIIEIII'?fII'IelYft?l?('t'1?i? 9a? envoy SAC Horne Loan- Servicing, (.r PO BOX 1'5222 Wilmington, 05 t8B89-8222 164470349900000774482000774482 1: 5869900 S81: Ls 110 3, 7 ?34 gals TT/h© 39dd aMlaIW NMOcll3 IH 8Z8L8c8LTL LT :VT ZT0Z/G0/L0 1101N 7Y? F T1iE DEFA i - You may cure Wo default within THIRTY (30) DAYS of the data of this; notloo AY PAYING THE TOTAL AMOUNT PAST DUE TO TiME LENDER: WHICH IS $7,T44.02 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, P=enta mL* t?g magi' alttij:ZE by r'a cheek a rte }tied chi or money oAjtr made car %ble 2ot to;; SAO Home Loans Serviaing, LP at P.O. Box 15222, 1NiimingtDn, CE 19888-5222. E YOU DO NOl" QM8A THE DEt„IiL= . If you do not our.a the default wlthln THIRTY (34) RAYS of the dule of tnie Notice, the rm5w int nds to oxarottcs its dgWa.in aotwlarato the mortgage debt. Thla mww'm that the entire outnttndim balance of this debt will be Wrialdered due imam-alertely and you t"W Joao the chance to pay thb mort`gago to monthly it s tmente_ If full payment of the total afnourd past due Is not made within THIRTY (30) DAYS, the lender adagio JnWnds to Instruct ttzY attorneys to staa't legal action to farsciosr upon your mprtgogrd property, The mortgaged property will be sold by tha Srrerlff to pay off trio mortgage debt if la er rsfscs oasis cos 'to As VtIPrneya, but you Ours the pellrtquenty tMfore the lender bogira laga) proceedings aWWr<St you, you will stdH be required to pay this reawro ble attorney's fees that were actually incurred, up to $50,00. However, I Iegal procesding5 ate %Mrted against you, you will have to pay all reasonable allpmey's fees actually Incurra0 by the tender worn If they exceed $60.00. Any attorney's faes will be added to the Amount you owe the lender, which may also Include other reasonable costs. If you cure the delautt within the THRM (30) DAY parkin, yotl will mn be-n?gwtred to pelf Rttormy's tors. YOU HAVE TyE. RIGHT TO REINSTATE AFTER ACCELgRATICM AND THE RIGHT TO ASSERT IN Tlrllr FORECLOSURE PROCKEDING THE NON-RXiSTENI,r•,>E OF A DEFAULT OR ANY OTHER DeMN!kE YOU MAY HAVE TO ACCELERATION AND FORF-CILORII)RE. OTHER yUMCC-R Rr;NffQIESk - The lender may abla sue you personally for the unpaid principal balance and all other sums Our under the mortgage. fljQff-TO CURIE THg D FA T R ?TC]I 8HERIFF'8.£.A_LFw • If you have not cured the dofAult within the THIRTY (30) DAY period and forecloetlre ppive:eadInge ltall9 bogun, you ellll have the right to aura the default and prevent the sale at any time up to one hour before the Shertfrs Sale. You may do so by paying the total afrnbunt then peat dues, plus any Into or other charges than due, reasonaMo alt may'B fans and costs connected with tha foreclosure gala and any ottrBr aorta oonnBorBd with the Sherltf'a Sale as spedfiad In writing by the lender and by Performing any otter roquirements under the mortgage. Curing your dalsartt in taw manner sot forth In this natlea will restore your morWaSi to the same, powtflon as It you had never dofauRted. CaBL(F81 POSSIB U SHERIFF'S 3A;, DAU - It is estimated "t th* earnest data that such a Sheriff's Sale or the martgage property could be hold would be epproxtmgtaly six (a) mordto hvm the date of thlic Notice, A notice of the actual data of the sheriff's Sala will be aBrd to you before the aaie. Of course, the amount needed to cure the default will Increase the longer you wait, You may fend out at any time exactly what the rsqutrod payment or.actlan will be by cQntacting the leader. LIAO Nome Lvat w Sarv&tttg, LF P. O, Bar 60089.ar Dnldasy 7X 76=W#-vvP4 Phone r: 1-00"41-5302 fx. kmwasr: 1.81723066911 C'.Rwillct Patron: PAS TXC--077-01-13 Aftte7tiorf: Loan C,i;urr"hmr gMalt Addtese: To ensure secwe small aommunleations picric lag on to the BAG Home Loans Servicing, LP Websibtt at www,bopkofamertca.aom and dealt us by np%Ag;Wmg through the CustomerService link provided. I!EEF= CW SL=RjE "'s RAt - You should realize that a Sheriff's Sala will end your ownership of the mortgaged propariy and your right to occupy It. If you continue to Ile In the property after the Sheriff's sale, a lawsuit to remove you" your fumtahings snit other belorlg)ngn mould be stared by the )ender at any time. IgSJ__U`I N yF AG -You may sell or transfer your norms to a buyer or transferee who will assume the mortgq , e debt. provided Mat all tfi9 aettstanding payments, charpea wig rdtotney's fees :acct costs are paid prior to or at the Bale and that the other requlrameni a of tho mortgage are aaidalod,. YOU MAY ALL l&YE THE R)Gt?T= TO SELL. THE PROPERTY TO n5TAiN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BURROW MONEY PRCM ANOTHER LENDING INSTiTUTiON TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ONE YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION A$ IF NO DEFAULT HAD OCCURRED, IF YOU QUAE THE (DEFAULT. (HOWEVER, YOU DO NOT HAVE THi$ FLIGHT TO CURE YOUR D!~FAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) To ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INST17UTED UNDER THE MORTOAGF- DOCUMENTS, TO ASSERT ANY 01-HFR DEFENSE YQV i3EI-MVE YOU MAY HAVE TO SUCH ACTION BY TtiE LENDER. TO SEEK PRO`rtEf,"NoN UNDER THE FEDHRAL BANKRUPTCY LAW. Your ban 4 in defau@.. Ptrreuarlt to your loan documents, SAO Home Loano Servicing. LP may, entrr upon and coMudt are Inaperstion of your property. Tic purpoaw of such an imppctdon are to (1) obs civa the physical condttfon of your property, 00 verity that the' property Is occupied and/or (111) ctotormine the Identty of the occupant, If you do not cure, the default prior to the Inspection, outer action to protoot the tnertgapera'a I&Qrort in rho property (tnolueling, but not Iirnitad to, WIntertzatlvn, aeouring the property, and L•" ::'t NAC Hems Loans Servicing. LP Is a wbeldlary df Bank d Armdcx, NA 7113 bz57 3,474 1274 0507 TT/90 dJdd 80cldIW NMOLIS IH 9Z8t8C8LTL LT:t?I ZT©Z/60 /L0 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU •AY EIE ELiC1WA FDR I MAW at @4=6N0H WHIM RAN SAYF.1fQt??Q?/;? ?c?fu Fc?r?S+l-r?sL?RE aNn HELD XS2Lr MAKFL M MOLIUME eMM i$- tF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OP 1ae3 "12 "ACT-), YOU MAY BEA FiLIGIBLE POR ffM6RaF-N0Y MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CORCUMSTANC,Et4 BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PA.Y YOUR MOFTTQAQE PAYLAENTS, AND IF YOU MEET OTHER ELIG1BlLtlfY REQUIREMENTS ESTABLISHED BY THE PGrNNSYLVANIA HOUSINQ FINANCE ACiENCY. F-1KPOF3AI7Y iI AY of E20ML03U8E - Uncor the Act. you are entitled to a temporary stay of rorewoaurm on your mortgage for Thirty (30) days from the data of Oils Notice. During that urea you must atrar4a and attend x'YaRer to-teas" meeryrtg with one of the consumer credit counseling agonoies Timed at the and of this Notice. JbIB MEETTfiQ If UMI OC"ft WITHIN JU UCa 321j= - 9 you meat with once of the consumer cradit coon OM9 agencies listed W the n agnlrist yore for Thirty (3a) daytt after tho tlcxtn of thla mewing. ]21C names. weary tq vchatft u? One face to- ace meeting. +?dviae your lender Immogl4sL of your Intentions. WPLIG'ATION FOFt M0=16 BF - Your rortgage is in default ror the soasort6 sat forth later In this Nalo? tree following pages for gp8Cft lhformntlon about thm nature of your d>lfautk) If you ttave trlaa and are unable to resolve this problem with tS7a lender, you have tho right to apply for tinarl"ar asslxiance trorn tha Homeownor'!& Ernergenoy Mortgage Ainictance Program. TO do so, you must fill out, .sign and file a oompieted 1-10MCowner'S Irmergerx-y A^. sfsttin ce Program Application with one of the designalad oomumar oredit counseling sgencte® Bahia at the and of this Notice. Only coneumr+r Cradtt counseling agenclea have applicatlor a for t v progrrun and they will asalat you In aubrnitting a compiate appilcetlon to the penrmylvanin Horsving Finance Agency. Your application MUST be filed or poetmarkvd within Thirty (80) days of your face-to..far-R mwating_ YOU MUST FILE YOUR APPELACATKW PROMPTLY. W YOU FAIL TO DO SQ OR IF You 00 NOT FOLLOW THN OTHER TIME irERJOD9 SET FORTH IN YH13 LETTER, PoRECLOGURE MAY PROCEED AGAINST YOU" HOME iMl EDIATELY AND YOUR APPLICATION FOR MOR'>f GAQE ASSISTANCE WILL SIF DENIED. NCY gcjMW - Available furmis far emergency mortgagn awdutance are very limited. They will be disbursed by the Agency under the eligibility criteria eztal: iahed by the Act- The Ponrsytvanta t lousing Fhiarlea Agency haB rbtty (WI days to make a petition after it recetvea your appiiraffon. During that time, no foreolosurn proceedings will be pure+.r,ad against you If you have met the time requirements Oat forth above. You will be notified dlroctiy by the Pwnnsytvanla Housing Finance Agency of its decision on your appncadon. NOTE: IF YOU ARE CURRENTLY PROIT-CTED sy THE FIL.tNG t>F A PETITION IN BAHrj4tfPYCY, THE FOLLOWING PART OF 1101% NOTICE i$ FOfi INFORMATION PURPOSED ONLY AND 21HOULD NOT aim CONSIDERED AS. AN ATTEMPT TO COLLECT T"ff DEBT. (it you have filed bxnkruptcy you QATt still 4*PPJY far F-rnarg'bncV Mortgagel Asalyttanafa.) NO=E OF: iNTENTTO FoRECLOBE YOUR HOME LOAN Is IN A STATS OF DEFAULT DUE T07HE REASONS MENTIONED IN THIS NOTiGE. YOU.MU5TT,4)M ACTION T4 sAVE YOUR HOME FROM FORECI.QRUFt9- NATU OF ME DEFAU.L X - The M0447'CiAGE debt held by the above farther on your property lnontod at: 363 North 26tH Street Camp Hill, PA 171711-3e20 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAQF PAYMENTS fur ilia foilowinttg montba and the following artloun1s are now past duet Moritbly Ohfiraea: 0210112010 $B,811 .4? LAtp.O_ee: 02/01/2t)i t) $152.14 9-mr Ch&rct±oa; Uncollected Late ChAfgas: $780,74 (. nmileGtod Goats: $2G.GG Partial Payment $atanca' ti4.Q41 TO'T'AL DIE- W,744.82 YnU HAVI: FAILFD TO TAKE THE FOLLOWING ANION Q2 Wt use if rloi90011cabill E3AC Hcma Loans ServidN, LP is a autmidlary of Bank at Arn*dC*, N k ?te9 tlt*: P1WIdtyQ year e,*rtW address habW will allow w w a+nd yur tedomretiwt on ydr arxount. Arent Nweber:104170342 B-wr' l flawsra E1n#* "z5*: New wn icM yvrer prynmaos; All agosprsd prpMWft d r ai 0W irastsst toll m appbad to tra peps! eutekv4ft knee uf! d1M, Wdesh aft*r `Iw expsa* prdrbittd at Amtad by W-, IF YOU sabma > Wmxn ,t In &WItion to yow oowdaW ft%K* WIM"t. ws will Apply yon payfpa ft as fdbwc In to dAl, MYg nwreldy Peyroents CE P?^sk%d 40,4 Irerpst M sarmw d*VA dm. tell be- tlwygea and airm aMOYnb ym wo In co,rtrcrlor, vfdr ywr loco sad ttv) 10 ra*m* *a ct q p0ndpal balwwo d ywr leery Pisses spetly v y- v1teK en Pd 71r3aad Mr10Urlt apQi>ed R>Mb11a pe<M1SM1hL w1h.f Uvn pnnclpat redwtllon. 1%satwed cbsck't PoMdatsd crwYM ba processed on Un dkh rendved unk*h • hea [sw*ftgr peens to borwr 0. ddo WM*n rn tM dick as s n of s repnyf Ptsn- TT/90 39VJ dOddIUJ Nh106g IH 9Z^oL^o88LTL LT:bT ZTOZ/60/L0 HOUSE AMENDED PRIOR PRINTER'S NOS. 1988, 2079, 2164, PRINTER'S NO. 2257 2212 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL 1433 Session of No. 2012 INTRODUCED BY GORDNER, PILEGGI, COSTA, BROWNE, WAUGH, ERICKSON, RAFFERTY, FONTANA, BAKER, ALLOWAY, VANCE, STACK, YUDICHAK, FERLO, PIPPY, GREENLEAF, SCHWANK, WOZNIAK, BLAKE, BREWSTER, ARGALL, ORIE, LEACH, VOGEL, DINNIMAN, BOSCOLA, MENSCH AND FARNESE, MARCH 6, 2012 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 6, 2012 AN ACT 1 Providing for the Homeowner Assistance Settlement Act; 2 establishing a fund for the purpose of funding the 3 Homeowner's Emergency Mortgage Assistance Program; and 4 providing for - - THE EFFECT OF NONCOMPLIANCE 5 WITH THE NOTICE REQUIREMENTS OF THE HOMEOWNER'S EMERGENCY 6 MORTGAGE ASSISTANCE PROGRAM AND FOR ALLOCATIONS FROM THE 7 FUND. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Short title. 11 This act shall be known and may be cited as the Homeowner 12 Assistance Settlement Act. 13 Section 2. Definitions. 14 The following words and phrases when used in this act shall 15 have the meanings given to them in this section unless the 16 context clearly indicates otherwise: 17 "Fund." The Homeowner Assistance Settlement Fund established 18 in section 3(a). F 1 "Homeowner Assistance Settlement Agreement." The settlement 2 agreement and related documents entered into on February 9, 3 2012, by the Attorney General of the Commonwealth and the 4 leading United States mortgage servicing companies. 5 "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM." THE ¢ 6 PROGRAM ADMINISTERED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY 7 AND ESTABLISHED UNDER ARTICLE IV-C OF THE ACT OF DECEMBER 3, 8 1959 (P.L.1688, NO.621), KNOWN AS THE HOUSING FINANCE AGENCY 9 LAW. 10 Section 3. i- r of spee4-a! 11 maneys - 14:fftitatien an annual 12 HOMEOWNER ASSISTANCE SETTLEMENT FUND. ¢ 13 (a) Heitteeoen Aaa4_szaee-Settlement-Fun?4 ESTABLISHMENT.-- ¢ 14 There is established a special fund known as the Homeowner 15 Assistance Settlement Fund. All payments received by the 16 Commonwealth pursuant to the Homeowner Assistance Settlement 17 Agreement shall be deposited by the Treasury Department into the 18 fund AND ARE HEREBY APPROPRIATED ON A CONTINUING BASIS. F 19 (b) T-0 stril5ut ALLOCATION of funds.--The moneys in the ¢ 20 fund shall be 'istf but ALLOCATED each fiscal year no later ¢ 21 than July 1, 15y the State Tfeaaidiei, UNTIL ALL SETTLEMENT FUNDS ¢ 22 ARE EXPENDED, subject to the following limitations: 23 (1) Ninety percent shall be dl att?but ALLOCATED to ¢ 24 the Pennsylvania Housing Finance Agency for the purpose of 25 funding the Homeowner's Emergency Mortgage Assistance 26 Program. 27 (2) Five percent shall be ALLOCATED to the F 28 Office of Attorney General for the purpose of funding housing 29 consumer protection programs. 30 (3) Five percent shall be ALLOCATED to the ¢ 20120SBI433PN2257 - 2 - 1 Access to Justice Account established under 42 Pa.C.S. § 4904 2 (relating to establishment of Access to Justice Account) for 3 civil legal assistance related to housing issues. 4 (c) Limitation on annual 645 r bu is ALLOCATION.--The 5 annual ALLOCATION of funds under subsection (b) 6 shall not exceed $12,000,000 annually, EXCEPT THAT IN FISCAL 7 YEAR 2012-2013 THE AMOUNT SHALL NOT EXCEED $18,000,000. 8 Section 4. Initial ALLOCATION. 9 Tl=te IN ADDITION TO ANY ALLOCATION UNDER SECTION 3, THE sum of 10 $6,000,000 is hereby trilD•-t--' ALLOCATED from the fund FOR 11 FISCAL YEAR 2012-2013 to the Pennsylvania Housing Finance Agency 12 for the Homeowner's Emergency Mortgage Assistance Program. 13 SECTION 5. EFFECT OF NONCOMPLIANCE WITH NOTICE REQUIREMENTS IN 14 THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE 15 PROGRAM. 16 THE FOLLOWING PROVISIONS SHALL APPLY RELATING TO THE 17 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM: 18 (1) IF THERE HAS BEEN A FAILURE TO COMPLY WITH THE 19 NOTICE REQUIREMENTS OF SECTIONS 402-C AND 403-C OF THE ACT OF 20 DECEMBER 3, 1959 (P.L.1688, NO.621), KNOWN AS THE HOUSING 21 FINANCE AGENCY LAW, AND SUCH FAILURE HAS BEEN PROPERLY RAISED 22 IN A LEGAL ACTION, INCLUDING AN ACTION IN FORECLOSURE, FOR 23 MONEY DUE UNDER THE MORTGAGE OBLIGATION OR TO TAKE POSSESSION 24 OF THE MORTGAGOR'S SECURITY, THE COURT MAY DISMISS THE ACTION 25 WITHOUT PREJUDICE, ORDER THE SERVICE OF A CORRECTED NOTICE 26 DURING THE ACTION, IMPOSE A STAY ON ANY ACTION OR IMPOSE 27 OTHER APPROPRIATE REMEDIES IN THE ACTION TO ADDRESS THE 28 INTERESTS, IF ANY, OF THE MORTGAGOR WHO HAS BEEN PREJUDICED 29 THEREBY. 30 (2) THE FAILURE OF A MORTGAGEE TO COMPLY WITH THE F E- E E E E E 20120SB1433PN2257 - 3 - l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 REQUIREMENTS OF SECTIONS 402-C AND 403-C OF THE HOUSING FINANCE AGENCY LAW MUST BE RAISED ?1I?yN?}I' ENT- A? LEGAL ACTION BEFORE THE EARLIER OF ENTi' Y eF FIT?C7 1I'4 AN GT-le Y 1H FaREeLesuRE 9R DELIVERY OF A SHERIFF'S OR MARSHAL'S DEED IN THE FORECLOSURE ACTION OR DELIVERY OF A DEED BY THE MORTGAGOR. (3) THE FAILURE OF A MORTGAGEE TO COMPLY WITH THE REQUIREMENTS OF SECTIONS 402-C AND 403-C OF THE HOUSING FINANCE AGENCY LAW SHALL NOT DEPRIVE A COURT OF JURISDICTION OVER ANY LEGAL ACTION, INCLUDING AN ACTION IN FORECLOSURE, FOR MONEY DUE UNDER THE MORTGAGE OBLIGATION OR TO TAKE POSSESSION OF THE MORTGAGOR'S SECURITY. (4) THE FAILURE OF A MORTGAGEE TO COMPLY WITH THE REQUIREMENTS OF SECTIONS 402-C AND-403-C OF THE HOUSING FINANCE AGENCY LAW SHALL NOT IMPAIR THE CONVEYANCE OR OTHER TRANSFER OF LAND AND THE TITLE OF PROPERTY SUBJECT TO A MORTGAGE OBLIGATION COVERED UNDER THE HOUSING FINANCE AGENCY 18 LAW. 19 SECTION 6. SEVERABILITY. 20 THE PROVISIONS OF THIS ACT SHALL BE SEVERABLE. IF ANY 21 PROVISION SHALL BE HELD TO BE INVALID, ILLEGAL OR OTHERWISE 22 UNENFORCEABLE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE 23 REMAINING PROVISIONS SHALL NOT BE AFFECTED OR IMPAIRED THEREBY. 24 SECTION 7. APPLICABILITY. 25 THE PROVISIONS OF SECTION 5 SHALL APPLY Rr=Tae eTiVE 26 RETROACTIVELY TO JUNE 5, 1999. 27 Section § 8. Effective date. 28 This act shall take effect immediately. E E F F 20120SBI433PN2257 - 4 - Lindner & Lindner, P.C. CrF?' ? u? r . Matthew Razzano, Esquire , J 3 Attorney ID #88674 r" ^ cz; _i < 205 Floral Vale Boulevard X"° < - Yardley, PA 19067 (215) 579-9800 Phone w (215) 579-8570 Fax Attorney(s) for Defendant BAC Home Loans Servicing, LP ) Fka Contrywide Home Loans ) PO Box 660694 ) Dallas, TX 75266 ) Plaintiff ) V. ) Brandon Powers ) 383 N. 26h St ) Camp Hill, PA 17011 ) Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Civil Action Law MORTGAGE FORECLOSURE No. 10-4937 Amendment to Motion for a Stay of Sheriffs Sale Now comes Brandon Powers through and by his attorney Matthew Razzano , Esq. , seeks to amend his Motion for a Stay and herby alleges as follows; 1. Movant, through his attorney has previously contacted Paige Bellino, Esq of the Udren Law Firm, counsel for Plaintiff, who has stated that she objects to Defendant's request for a Stay. 2. Movant believes and therefore avers that previous issues in this matter, including the entry of a Summary Judgment were before the Honorable M.L.Ebert of this Court Wherefore, your Movant respectfully requests leave to amend his previously filed Motion for Stay. ectfullsubmitted Res4Matthek1Razza1n VERIFICATION do hereby acknowledge attest and affirm that I am the attorney for the Defendants and the statements contained herein in foregoing Petition are true and correct to the best of my knowledge information and belief and correct to the best of my knowledge, information and belief. The undersigned underst that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA - CIVIL DIVISION BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff V. Brandon Powers Defendant NO. 10-4937 ?, WW C-1 .n.7 AND NOW, this 8th day of Au Q VS t , 2012 consideration of the fact that both parties agree to postpone the August 8, 2012 Sheriff Sale, it is hereby ORDERED and DECREED that the August 8, 2012 Sheriff's Sale of the property located at 383 North 26 Street, Camp Hill, PA 17011 in the above-captioned matter shall be postponed to September 5, 2012 by public announcement by the Sheriff. NO FURTHER NOTICE OR ADVERTISEMENT OF SALE IS REQUIRED. BY THE COURT: A-?, ?AJ.\' ? U dren Lao o4r;c<5 "' ? Pa,Se 13e?1h*Ja?? ,:IAer*? -- lea ,d be'l? vereo ? "C-6 AV op 1, )53VL UDREN LAW OFFICES, P.C. WOODCRES'C CORPORATE CENTER 111 WOODCREST ROAll, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com BAC Home Loans Servicing, LP f/Wa Countrywide FTome Loans Servicing LP Plaintiff ~. BRANDON POWERS, Defendant(s) AT'T'ORNEY FOR PI.AINT[FF ~I COURT OF COMMON PLEAS CIVIL DIVISION ~' Cumberland County '~~ MORTGAGE FORECLOSURE NO. 10-4937-Civil AFFIDAVIT OF NON-MILITAR~~ SERVICE UNDER Pa.R.C.P 76 'I~HE 1`JNDERSIGl~1ED states based upon a search of the Department of Defense Manpower Data Center for the Defendant(s), that the Defendant(s), BRANDON POWERS, whio/each of whom is over 18 years of age is/are not in active military service as defined in the Servicemembers~ Civil Relief Act. The Military Status Report(s) is/are attached hereto as Exhibit "A". 'The A.ffiant lacks sufficient information to be able to determine whether any other Defendants in this action are in active military service because Plaintiff cannot provide date(s'I of birth and/or Social Security number(s) for said Defendant(s) to enable a search. "This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworri falsification to authorities. Dated: October F 9, 2012 ,- _ Attorney for Plaintiff Mark J. Udren, Esquire PA ID 04302 MJU#: 10070823 CASE#: 10070823-1 Department of Defense Manpower Data Center Fw x+ji ~` ,, ~' 1'tzrsu~cYt icy ~er4i~~rr~eti~b~Yrs t`ia~i[ K~[i~C~1.~;t Last Name: POWERS First Name: BRANDON Middle Name: Active Duty Status As Of: Oct-_19-2012 Resells as of ~JCt-19-2012 07:57:05 SCRA 23 On Active Duty On Acilve Duty Status Datsi Active Duty Start Date Active Duty End Date Status Service Component !Jf, NA Ho NA This response reflects the Individuals' active duty status based on the Acilve Duty Status Dale Lefl Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component I:.n. -_ _- NA No NA This response reflects where tho individual left active duty status withln.367 days preceding the Active Duty Status Date The Member or HIS/Her Unit Was Notified of a Future Call-Up to Active Duty on Active puty Status Date Order NotiFication Start Date ~ Order Notiflcatlon End Date Status Service Component t+A NA No NA This response reflects whether the Individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Acaive Duty. Mary M. Snavely-Dixon. Director Department of Defense - AAanpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 223.50 ~X.H[~1`~" ~ The Defense Manpower Data Center (DI~1DC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEE=RS) database which is the official saurce of data on eligibility for military medical care and other eligibility systems The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § .501 et seq, as amended} (SCRA) {formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced ;above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: httpa/www.defenselink.miUfaq/pis1PC09SLDR.html, If you have evidence the person was on active duty for the actin/e duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA, may be invoked against you. See 50 l.N`i>C App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or hislher unit received early notification to report For active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. lhis includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and C;c7ast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCF+,F+, who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 1~4 active duty records for all the Uniforrnect Services periods. Title 32 periods of Actve Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(t). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inductee, but who have not actually begun active duty or actuaNy reported for induction. The Last Date on Active Duty entry is important becai rse a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on his certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSNldate of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: L3IQACALUF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - — F;1 E0-QF; IGf Sheriff (J, THE PIQOT►jgoN Tt,P Jody S Smith �����ti�� 4�r�s� ���� Chief Deputy Richard W Stewart 'U"BERLAND COUNTY Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA BAC Home Loans Servicing, LP Case Number vs. Brandon C. Powers 2010-4937 SHERIFF'S RETURN OF SERVICE 01/04/2013 05:17 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 383 North 26th Street, Camp Hill, PA 17011, Cumberland County. 01/04/2013 05:17 PM - Deputy Ryan Burgett, 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: Brandon C. Powers, pursuant to Order of Court by"Posting"the premises located at 383 North 26th Street, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County with a true and correct copy according to law. 02/20/2013 As directed by Mark Udren,Attorney for the Plaintiff, Sheriffs Sale Continued to 7/10/2013 07/10/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on July 10, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Mark Udren, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,103.96 SO ANSWERS, August 19, 2013 RONIV R ANDERSON, SHERIFF o0 adz.. Rl� x'41 his' (c)CountySuite Sheriff;Teleosoft,Inc. ; UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST.CORF'ORATE CENTER 111 WOtODCRRST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings @udren.com BAC Home Loans Servicing, LP -, COURT OF COMMON PLEAS fka Countrywide Home Loans : CIVIL DIVISION Servicing LP : Cumberland County Plaintiff V. : MORTGAGE FORECLOSURE Brandon Powers :: NO. 10-4937 Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129 . 1 AND RULE 76 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C. , sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 383 North 26th Street, Camp Hill, PA 17011 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Brandon Powers 383 North 26th Street Camp Hill, PA 17011 2 . Name and address of Defendant (s) in the judgment: Name Address SAME AS #1 ABOVE 3 . Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Anthony Northrup P.O. Box 83 Camp Hill, PA 17011 Ferraro Foods, Inc . 287 S . Randolphville Road Piscataway, NJ 08854 Guiseppe Barone and Giocanni 1400 Old Reliance Road Barone Middletown, PA 17057 4- Name and address of' the last recorded holder of every mortgage of record,: . Name Address BAC Home Loans Servicing, P.O. Box 660694 LP fka Countrywide Home Dallas, TX 75266 Loans Servicing LP Mortgage Electronic Registration P.O. Box 2026 Systems, Inc Flint, MI 48501-2026 Mid Penn Bank 2615 North Front Street Harrisburg, PA 17110 5 . . Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 'Courthouse Square Carlisle, PA 17013 . Domestic Relations Section, 13 N: Hanover Street Carlisle, PA 17013 Commonwealth of PA, Bureau of Compliance, PO Box 281230 Department of Revenue Harrisburg, PA 17128-L1230 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 383 North 26th Street Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my information and belief . I understand that false statemen&%herein are made subject to the penalties of 18 Pa.C.S. sec . 49, r, lating to unsworn falsification to authorities . d f DATED October/, 2012 UDRE�LAWOFFICES, C.( BY: Attorney ' r-or P�a 91 _ f nl PAT BELLINO, ESQUIRE PA ID 309091 w UDREN L OFFICES, " P.C. ATTORNEY FOR PLAINTIFF WOODCREST, CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings @udren.com BAC Home Loans Servicing, LP = COURT OF COMMON PLEAS fka Countrywide Home Loans : CIVIL DIVISION Servicing LP : Cumberland County Plaintiff V. : MORTGAGE FORECLOSURE Brandon Powers : NO. 10-4937 Defendant (s) NOTICE OF SHERIFF' S SALE OF REAL PROPERTY TO: Brandon Powers 383 North 26th Street Camp Hill, PA 17011 Your house (real estate) at 383 North 26th Street, Camp Hill, PA 17011 is scheduled to be sold at the Sherif'f ' s Sale on March 6 , 2013, at 10 : 00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $255, 811. 88, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney. ) YOU MAY STILL 'BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS, EVEN IF THE SHERIFF' S SALE DOES TAKE PLACE. 1 If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bi4­b•r,oallirig 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. . You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU Do NOT HAVE A LAWYER- OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. . LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ALL THAT CERTAIN -LOT OR TRACT OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, FORMERLY EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, MORE pARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A WOODEN PIN IN THE EASTERN LINE OF NORTH TWENTYSIXTH STREET, AT THE SOUTHWEST CORNER OF LANDS NOW OR LATE OF WILLIAM N. LUDWIG; THENCE IN AN EASTERLY DIRECTION BY THE SAME 163 . 4 FEET TO A WOODEN PIN; THENCE IN A SOUTHERLY DIRECTION BY LANDS FORMERLY OF MURRAY D. OTT, 95 FEET TO A POINT; THENCE IN A WESTERLY DIRECTION BY OTHER LANDS FORMERLY OF D. EDWARD OTT, NOW OR LATE OF RANDALL H. STEPP AND WIFE, 163 .4 FEET TO NORTH TWENTY-SIXTH STREET; THENCE ALONG THE EASTERN LINE OF NORTH TWENTY-SIXTH STREET, 95 FEET TO A WOODEN PIN, THE POINT OR PLACE . OF BEGINNING. TAX ID / PARCEL NO. 01-20-1852-254 BEING KNOWN AS : 383 North 26th Street Camp Hill, PA 17011 PROPERTY ID NO. : 01-20-1852-254 TITLE TO SAID PREMISES IS VESTED IN BRANDON POWERS, AS SOLE OWNER BY DEED FROM ROBERT MALLETTE AND MARTI MALLETTE DATED 3/2/07 RECORDED 4/4/07 -IN DEED BOOK 279 PAGE 2213. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-4937 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC Home Loans Servicing,LP fka Countrywide Home Loans Servicing LP Plaintiff(s) From Brandon Powers (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$255,811.88 L.L. $ Interest from 9/15/10 to Date of Sale March 6,2013 Ongoing Per Diem of$42.33 to actual date of sale including if sale is held at a later date $38,266.32 Atty's Comm % Due Prothy $2.25 Atty Paid $1,862.35 Other Costs Plaintiff Paid Date: 10/8/2012 i David D. Buell,Prothonotary (Seal) - Deputy REQUESTING PARTY: Name : Paige M. Bellino,Esq. Address: Udren Law Offices,P. C. Woodcrest Corporate Center TRUE COPY FROM RECORD In Testimony whereof,.l here unto set my hand 111 Woodcrest Rd.,Ste 200 and the seal of said Court t disle,Pa. Cherry Hill,NJ 08003-3620 This_ day of 20!� //Pr��othonot4% Attorney for: PLAINTIFF Telephone: 856-669-5400 r Supreme Court ID No.309091 On October 26, 2012 the Sheriff levied � �upn�rte- �0UNTY, pA defendant's interest in the real property sfUWp0 j 8. 43 Camp Hill Borough, Cumberland County, PA, Known and numbered as, 383 North 26th Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 26, 2012 By: Lem Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-4937 Civil BAC Home Loans Servicing,LP vs. Brandon C.Powers Atty.: Mark Udren All THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill,formerly East Pennsboro Town- ship, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows,to wit: BEGINNING at a wooden pin in the eastern line of North Twentysixth Street, at the southwest corner of lands now or late of William N.Lud- wig; thence in an easterly direction by the same 163.4 feet to a wooden pin; thence in a southerly direction by lands formerly of Murray D. Ott, 95 feet to a point;thence in a westerly direction by other lands formerly of D.Edward Ott,now or late of Randall H.Stepp and wife, 163.4 feet to North Twenty-Sixth Street;thence along the eastern line of North Twenty-Sixth Street, 95 feet to a wooden pin, the point or place of BEGINNING. TAX ID / PARCEL NO. 01-20- 1852-254. BEING KNOwN AS: 383 North 26th Street, Camp Hill,PA 17011. PROPERTY ID NO. :01-20-1852- 254. TITLE TO SAID PREMISES is vested in Brandon Powers, as sole owner by deed from Robert Mallette and Marti Mallette dated 3/2/07 recorded 4/4/07 in Deed Book 279 Page 2213. 92 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587,approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1, and February 8, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne,/tditor SWORN TO AND SUBSCRIBED before me this 8 day of February.2013 ZlAdeu'Z2 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 ' The Patriot-News Co. 2020 Tectinology Pkwy the anotwNews Suite 360 Mechanicsburg, PA 17050 NOW you know Inquiries - 717-255-8213. CUMBERLAND CO. SHERIFFS OFFICE' CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 01/22/13 2010-4937 CPAI 01/29/13 B C Home Loans Send ng,LP 02/05/13 Vs c Brandon C.Powers Atty: Mark Udren All THATCERTAINLOTORTRACtOF LAND SITUATE IN THE BOROUGH OF CAMP HILL, FORMERLY Sworn to and sub gibed before me this da of February, 013 A.D. EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND, 11 AND COMMONWEALTH II OF PENNSYLVANIA, MORE Lt VO � ;0 PARTICULARLY BOUNDED AND Not II in' DESCRIBED AS FOLLOWS,TO WIT: [1) BEGINNING AT A WOODEN PIN .Su IN THE EASTERN LINE OF NORTH k TWENTYSIXTH STREET, AT THE 0 SOUTHWEST CORNER OF LANDS COMMONWEALTH OF PENNSYLVANIA NOW OR LATE OF WILLIAM N. Notarial Seal LUDWIG;THENCE�TERLY j Holly Lynn Warfel,Notary Public DIRECTION BY 1 AME 163.4 Washington Twp.,Dauphin County FEET TO A WOODEN-PIN;THENCE My Commission Expires Dec.12,2016 IN A SO1ZWR Y DTRF,CT(0N RY MEMBER PENNSYLVANIA ASSOCIATdON Of NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the I Oth day of July A.D., 2013,under and by virtue of a writ Execution issued on the 8th day of October,A.D., 2012, out of the Court of Common Pleas of said County as of Civil Tenn, 2010 Number 4937, at the suit of BAC Home Loans Servicing-LP f/k/a Country Home Loans Servicing LP against Brandon Powers is duly recorded as Instrument Number 201328474. IN TESTIMONY WHEREOF, I have hereunto set my hand - and seal of said office this day of A.D._a, Recorder of Deeds de of Cumberland d County,Carrisle,FA rot MyGornmmiss! Expires the Fat Monday of Jan.2D14