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Home My WebLink About10-6559 To: ? 0 ?e 12 _ k1 - (9o , (1 e r You are hereby notified toi ?V1 le a written response to the enclosed , MILSTEAD & ASSOCIATES, LLC -,104 1" -within BY: Mary L. Harbert-Bell, Esquire twenty 20) days from the service hereof ID No. 80763 or judgment may be entered against you. 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 Attorney for Plaintiff (856) 482-1400 Attorney for Plaintiff File: 45.13544 BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS FKA COUNTRYWIDE HOME LOANS CUMBERLAND COUNTY SERVICING LP 475 Crosspoint Parkway Getzville, NY 14068, Plaintiff, No.: 10 -- Cv SS? I v y Vs. CIVIL ACTION MORTGAGE FORECLOSURE Robert W. Bollinger 139 Red Tank Road Boiling Springs, PA 17007, and Tawnia M. Bollinger 139 Red Tank Road Boiling Springs, PA 17007, Defendants N C?1 r' CD C) :2w m C"7 ;x? r --f cn c? Y' c7 xo - x cn S o?Y Q7q O 77 O ?i s° ca -n z °c=) rn a NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff 1JA%_ HUME LUAINS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 475 Crosspoint Parkway Getzville, NY 14068, Plaintiff, Vs. Robert W. Bollinger 139 Red Tank Road Boiling Springs, PA 17007, and Tawnia M. Bollinger 139 Red Tank Road Boiling Springs, PA 17007, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (the "Plaintiff"), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 475 Crosspoint Parkway, Getzville, NY 14068. 2. Defendants, Robert W. Bollinger and Tawnia M. Bollinger, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described by virtue of a Deed dated September 26, 2002 and recorded September 26, 2002 in Book 253, Page 3788. 3. Robert W. Bollinger, Defendant, resides at 139 Red Tank Road, Boiling Springs, PA 17007. Tawnia M. Bollinger, Defendant, resides at 139 Red Tank Road, Boiling Springs, PA 17007. 4. On August 1, 2007, in consideration of a loan in the principal amount of $118,300.00, the Defendants executed and delivered to Countrywide Home Loans, Inc. a note (the "Note") with interest thereon at 10.875 percent per annum, payable as to the principal and interest in equal monthly installments of $1,086.39 commencing October 1, 2007. See Note attached. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. a mortgage (the "Mortgage") dated August 1, 2007, recorded on August 9, 2007 in the Department of Records in and for the County of Cumberland under Mortgage Instrument Number 200731248. See Mortgage attached. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party plaintiff by way of an assignment to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 139 Red Tank Road, Boiling Springs, PA 17007. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due July 1, 2009, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Exhibit A yi'e is -d tufsrred to in :ml ComT*nowt Is Oftalbed far JOMWW _RTAIN VJ r* n-*rsw w- vin"7arar t;s of % . Cw+14 1arsd ussgp. bounded mod Su ) AT OF J"aAw in lWiOws" UE GiNV NG of a oo (A m :te c, M*r of a VA*e mad, WNCk toa0 A l O r+alup Route No 543: lrwc a by Baia s 1>Cw a, ro me ft c! W moc4kan Wls4wnt), tto COA"s" a*Utt*s 1o Wit, Sovv1 36 Ogwoft So mm*" Wass, a ttatanca of 199.!:5 "to a v for e, $a *% 18 tNgm* 45 minutes WCit, a O sUwK* of 193.05 fort io 3 Oaore. South 1 degme Ea,, 17125 fit to stxw: Sotdh 39 otgfasb 40 minuMS s 17a 2 feat to an 4:3A V", 5044P a} dcVe os 30 rritnutsr h4ct1, a distswCP of 272,25 feet 40 a SWG aW $wm Mt zzxrw w larw R ^aer 7f }Cift1SF'?} of J G Ftu8leb; '11G iCR br d r is rVa p Y of 4 C ftuea*+ Ntfclll 44deSreas SQ n mutts woe; a tlsstO t+! 137 NMA m a will m of*- fanC3 now n, iWom y of Relbect K Ifsya rmmc 0 ids row ar for-^soly of RoW. !A. Frey, Nowtn 15 oeVe" 15 mrmitos East a dime of $32 fee, r tcdttN tars, ft-cam, a P" -n a sxrma tc a pcim tm T* slaw y s>ad ;X& C 1Gao: V*Mco &VIV ttt0 con1w +r' of aaic puCt c mood! S-, is 52 degrees 40 mtrutes EaV, a d4WC& of A50 feat 10 p ao1-'..5.. ttt otact of K-GWN1NG „yg4'1 .- ",eon t vcw. d !t8--we agrewOv r4tat a *ww a "'Jtatdinq #atd3111 itiC • `?-0:42-315 Balance of Principal ................................$127,747.28 Accrued but Unpaid Interest from 6/1/09 to 10/14/10 @ 10.875% per annum / 360 ($38.59 per diem) ........................... Accrued Late Charges .................... Escrow Balance .............................. Title Search Fees ............................ Reasonable Attorney's Fees ....... TOTAL as of 10/14/x010 ...........$19,333.59 ................$881.40 ............. $1,945.34 ................$350.00 .............$1,250.00 ......................$151,507.61 Plus, the following amounts accrued after October 14, 2010: Interest at the Rate of 10.875 per cent per annum ($38.59 per diem); Late Charges of $58.76 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.' 1680.401(c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 139 Red Tank Road, Boiling Springs, PA 17007 as well as to address of residences as listed in paragraph 3 of this document on August 31, 2009, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $151,507.61, plus the following amounts accruing after October 14, 2010, to the date of judgment: (a) interest of $38.59 per day, (b) late charges of $58.76 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC Mary L. arbert-Bell, Esquire Attorney for Plaintiff VERIFICATION I, Mary L. Harbert-Bell, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. '4904, relating to unsworn falsification to authorities. Name: Mary L. Harbert-Bell, Esquire Title: Attorney ORIGINAL Prepared by-, WA MERAI LOAN S: 177318695 NOTE AUGUST 01, 2007 GAMP HILL PENNSYLVANIA (Dade) (City) isIBIRl 139 RED TANK RD, BOILING SPRINGS, PA 17007-9508 (Properly Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 118, 300.00 (this amount Is called "Principal"), plus interest, to the order of the Lender. The Lender is COUNTRYWIDS HOME LOANS, INC. I 'mill make all payments under this Note In the form of cash, check or money order. 1 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 lull amount of Principal has been paid. I will pay interest at a yearly rateof 10.875 %. 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) ofthis 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 OCTOBER 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 SEPTEMBER 01, 2047 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity bate." 1 will make my monthly payments at P.O. Box 660694, Dallas, TX 75266-0694 or at a d)trerent place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount ofU.S. S 1, 086. 39 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A prepayment of all of the unpaid principal is known as n "Full Prepayment." A prepayment of only part of the unpaid principal is known as a "Partial Prepayment" If the original Principal amount of this loan Is $50,000 or less, I may make a Full or Partial Prepaymant without ,En Ing any penalty. However, if the original Principal amount of this Note exceeds S50,000, U I may prepay this Note In full at any time without penalty. O Ifwithfn the first THIRTY SIX mgnths after the execution of the Note, I make any prepayment(s) within any 12-month period, the total of which exceeds 20 percent (201/6) of the original principal amount of this loan, I will pay n prepayment penalty in an amount equal to the paymont of six (6) months' advance Interest on the amount by which the total of my propayment(s) within that 12-month period exceeds 20 percent (20%) of the original principal amount of time loan- S. 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 tlla end of FIt+TEEN calendar days after the date it is due. I will pay a Into charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and Interest. I will pay this late charge promptly but only once on each late payment. ID 86PENNSYLVANK FIXED RATE NOTE 21090-PA (1211)5)(d) Pape i of a 111k(111 IIpIbI.I?IIdINp 7 3 LOAN #: 177318695 (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. (C) Notice of Default If 1 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 Frolder's Costs and Expenses If the Note Holder has required me to pay immediately In full as described above, the Note Holder will have ilia 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 late 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 raw 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. OBLLGATIO14S 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 fall 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 Nate 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 1 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 Holdet to demand payment of amounts due. "Notice of Dishonor" moons the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. APPLICABLE LAW I agree that this agreement is to be governed by federal law and, to ilia extent not preempted by federal law, by the laws of the state where the real property is located. If n law, which applies to this loan and sets maximum loan charges is finally interpreted so that the interest and other charges collected or to be collected in connection with this loan exceed the permitted 1 imits, then: (a) any such interest or other charge shall be reduced by the amount necessary to reduce the interest or other charge to the permitted limit, and (b) any sums already collected from me which exceed permitted limits will be refunded to me6 The Note Holder may choose to make this refund by reducing the Principal I olive under this Nato or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a Partial Prepayment, but in no event will a prepayment charge be assessed if the Note Holder chooses to reduce my Principal balance by applying such excess amounts. 11. SECURED NOTE In addition to ire protections given to the Note Holder under this Note, a Mortgage, Deed of Trus4 or Security Deed (the "Security Instrument"). dated the some date as this Note, protects the Note Holder from possible losses which might result if t 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 :Hake Immediate payment In full of all amounts I olive 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 parson and a beneficial interest In Borrower Is sold or transferred) without Lendoes prior written consent, Leader 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 prom the date ilia 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 htotica or demand on Borrower. • n0-PEMSYLVAMA Mao RATE NOTE 2DOMPA (12!0.5) Page 2 of 3 0 0 0 0 WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. TANNIA M. BOLLINGER -Bortmrer Borroner LOAN #% 177318695 4-OV - 11 ROBERT W. B M.X.XNGER -Borm%wr -Borrower (Sig" 01I91-1 OWN) • B6PENNSYLVANW FIXED RATE NOTE 2DOWPA (12105) Pegs 9 d 3 1s Prepared By: VILA MERAI COUNTRY''WTDF HOME LOANS, INC. 1600 GOLF ROAD, SUITE 300 T2 ROLLING MEADOWS IL 6 0 0 0 8 CUM S+eftb=wt savi = 3W Markel Stitvd Phaze: (800) 998-8223 CampfWPA 17011 After Recording Re1um l'a: ? f NiS SV-79 DOCUMENT pPr-}g;xt*tG P . O . Box Nuys, CA 92410-0423 P.uct! Number. 40120342035 Premiscs_ 139 RED TANK RD BOILING SPRINGS PA 17007-9508 (Space Abave'fXb Line Far Recording Dula) 2007070097 00017731869507007 f9scrow/closing #] (DOG SD 11 MORTGAGE 1`19414BYLVANIA - Siroe Family - Faanm 1 -11 reddle Nac UMFORN INSTRUMENT WITH MRS Page 1 of 17 -SNPA) (owe) CNL (iOMGXdj VMPA Wp" Sdupana, Inc. (M52t-7291 Form 30x9 I&I ' 2 3 9 9 1 1 7 7 3 1 8 a 9 5 0 0 0 0 0 1 0 0 6 A' iniiil,nin a--;7-zn ahA r:1 iMP.FRI ANn ('01INTY fns1.* 200731248 • Pwm 1 of 19 DOC ID #: 00017731869507007 MIN 1000157-0008425688-8 DEFINITIONS Words used in inuttipte sections of this document are defined h4ow and other words are defined in Sections 3, 11. 13, 18, 20 and 2l. Certain rules retarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated AUGUST 01, 2007 together with all Riders to this document. (B) "Borrower" is TAWNIA M BOLLINGER, AND ROBERT W BOLLINGER Borrower is the mortgagor under this Security instrument. (C) "MBI2S" is Mortgage Electronic Registration Systems, Inc, MERS is a separate corporation that is acting solely as a nomince for Lender and Lenders successors and assigns. MFRS k the mortgagee under this Security Instrument. MERS is organized and existing under the taws of Delaware, and has an address and telephone number ofP.O. Box 2026, Flint, Ml 48501-2026, id. (888) 679-MERS. (0) "header" is COUNTRYWIDE HOME LOANS, INC. Lender is a CORPORATION organized and existing under the laws of NEE YORK Lender's address is 4500 Park Granada MSN## SVB-314 Calabasas, CA 91302-1613 (E) "Notre" means the promissory note signed by Borrower and dated AUGUST 01, 2007 The Note states that Borrower owes Leader- ONE HUNDRED EIGHTEEN T14OUSAND THREE HUNDRED and 00/100 Dollars (U.S. S 118, 300. 00 ) plus interest. Borrower has promised to pay this debt in regular Oft -6A(PA) tosavl CHL (90106) Page 2 of 17 Form 3= t101 4n1+4nn4n a-ar?n ARA r.11MRFRI ANl r C 1jNTY lnst-# 200739248 - Page 2 of 19 DOC ID #: 00017731853507007 Periodic Payments and to pay the debt in (bit not later than SEPTEMBER 01, 2047 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Properly." (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. (iI) "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 ?---i Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] (I) "Appiieabte Law" mean all controlling applicable federal. state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as wall as all applicable final. non-appealable judicial opinions. (J) "Community Association Dues, Feed, and Assessmeats" means all dues. fees, assessments and other charges that are imposed on Borrower or the Property by a condominium mociation, 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, tclephanic insirumcnt, computer. or magnetic tape so as to order. instrucL or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to. point-or-sale transfers, automated teller muchfne transactions, frutsfers initiated by telephone. wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" moans those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, scttlcment, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for (i) damage to, or destruction oll the Property: (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation. or 00 misrepresentations of, or omissions as to, the value andlor condition ofthe Property- (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayrnent ol; or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for 01 principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation. Regulation X 124 C.F R Part 3500), as they might be amended from time to time, or any additional or successor legislation or reguiation that govems the same subject matter. As used in this Security instrument, "RESPA" refers to all requiremerus and restrictions that are imposed in regard to a "federally related trtortgakte loan" even if the Lagm does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note andlor this Security Instrument. M4A(PA) (0508) CHL (t4(ob) Page 3 at 17 Form 4095 1101 F11 iaeclctai Arm r•nt M ATV tnst.# 200731246 -Pam 3 of 19 : (10017731869507007 TRANSFER OF RIGHTS IN THE PROPERTY DOC ID # This Security Insuutnent secures to Lender. (1) the repayment of the Loan. and all renewals, extension and moditirations of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage. grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of.MERS, the following described property located in the COUNTY of CUMBERLAND IType or kmwding husdicuonl (, rania ut K=vding.lunsdictiony SEE EXHIBIT "A" ATTACHED HERETO AND MARE A PART HEREOF. which currently has the address of 139 RED TANK RD, BOILING SPRIDTGS Pennsylvania 17007-9508 ("Property Address ty) 17-iv Code] TOGETHER WITH all the improvements now or hereafter erected on the property. and all easements, 2ppurtCn4nces, and fixtures now or hereafter a Pan of the property. All replacements and additions shell also he covered by this Security Instrument. All of the foregoing is rrferreti to in this Security Instrument as the "Property." Borrower understands and agrocs that MFRS holds only legal title to the interests granted by borrower in this Security Instrument, but, if n.-ccssary 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 bender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that borrower is lawUly seised or the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands. subject to any encumbrances of record. t j 6A(A,4) (osoe} CfitL 11Nt}5I PaP 4 of 17 Form 3039 1101 1nri irsmn R•1;7•1.%n AA/ r'1 JURFRI Akin r.(11 JNTV InstI 200731248 - Paae 4 of 19 DOC ID #: 00017731869507007 THIS SrCURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and love charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrumcai shall be made in U.S. currency. However. if any check or other instru=nt received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due: under the dote and this Security Instrument be made in one or more of the following forms, as selected by Lcnder: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check: or cashier's check, provided anv 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 whcn 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 Lam 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 Stich payments are accepted. If each Periodic Payment is applied as of Its scheduled due date, then Leruler nerd not pay lnterest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Lean current. If Borrower does not do so within a. reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal butance under the Note immediately prior to foreclosure. No ofTsel or claim which Borrower might have now or in the future against Lender sbatl relieve Borrower from making payments due tender the Note and this Security Instrument or performing the covenants and agm-ements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2_ all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Ins(rument. and then to reduce the principal balance of the Nok. If Lender receives a payment from Borrower for a delinquent Pericxlie Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in rut]_ To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any appliattion of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Noic shall not eitend or postpone the due date. or change the amount, of the Periodic Payments. 4ft Ink; 6A(PA} (C5p8) Cttt. {10105} Page $ of 17 farm 3039 1101 1nf 11f2n1n R•47• An ALA r? 11VIRFRI ANn nni rNTY tnst4 200731248 - Pane 5 of 19 DOC ID #: 00017731869507007 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) Wes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5: and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of hlortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan: Lender may require that Community Association Rues. Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall he an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's, obligation to pay to Lender Funds for any or all Escrow Items at any tune. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where parable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item. Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow [tents 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 arc: 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 duc on the basis of current data and reasonable estimates of expenditures of future Escrow ltcros or othctwisc in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency. instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in ony Federal Home loan bank. Lender shall apply the rands to pay the Escrow items no later than the timc specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account. or verifying the Escrow items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on tho Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shati be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. Irthere is a surplus of Funds held in escrow, as defined under RESPA. Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, ns 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 tinder RESPA. Lender shall notiPW 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. 4R,"PA) (05W, Cllr (t0f05) Page a of 17 Form 3039 1Ai IN1101nIn R-E7•'Vn AM CUMBERLAND COUNTY InstA 200731248 - Page 6 of 19 DOC ID V 00017731-869507007 Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 1. Charges; !-Ieeus. Borrower shall pay all taxes, asseWmenty, charges, tines, and impositions attributable to the Property which can attain priority over this Security lnstrument, leasehold payments or ground renU on the Property, if any, and Community Association Dues, Fees. and Assessments, if any. To the extent that these items arc Escrow Items. Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priotity 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: (h) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lcnder's opinion operate to prevent the enforceirwrit of the lien while those proceedings are pending, but only until such procc dings arc concluded: or (c) secures from the holder of the lien on agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of [Ile Property is subject to a lion which can Quoin 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 Mall. Misty the lion or take one or more of the actions set forth above in this Section 4. Lender may requite Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance- Borrower shall keep the improvements now misting or hereafter erected on the Property insured against loss by tire, hazards included within the term 'extended coverage,' and any other hazards including, but not limited to. earthquakes and floods. for which Lender requires insurance. 'this insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What L.endcr requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shalt be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right snail not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: {a) a one-time charge for flood zone determination, certification and tracking services. or tb) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonabty might allfeet such determination or certification. Borrower shall also be msponsib!es for the payment of any fees imposed by the redersl Emergency ivtanagcmert 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 Lendees option and Borrowers cNpense. Lender is under no obligation to purchaw any particular type or amount of coverage. 'T'herefore, such coverage shaft cover Lender. but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any rkk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shaft bear interest at tite /vote rate from the date of disbursement and shall be payable, with, such interest, upon notice from Lender to Burrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lenders right to disapprove such policies, shall include a standard mortgage clause, and shall nacre Lender as mortgagee :and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If 4k 4A(PA) (05011) CHL (1WAS) Pstps7 of 17 Forte 3839 1001 10111/2010 8,57:30 Atli CUMBERLAND COUNTY Inst.# 200731248 - Page 7 of 19 DOC ID ##: 00017731869507007 Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. if Borrower obtains a,-,y form of insurance coverage, not otherwise required by Lender, for damage to. or destruction of, the Property, such policy shall include a standard mortgage clause and shall more Lender as mortgagee andlor as an additional loss payee. In the event of toss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds. whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, is the restoration or repair is economically feasible and Lender's security is not ltssencd. During such repair and restoration period. Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Bom.rwer any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened. the insurance proceeds shall be applied to the sums secured by this Security instrarnent. 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. Under may tile, negotiate and settle tiny available insurance claim and related matters. if Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has ottercd to settle a claim, then Lender may negotiate and settle the claim. The 3t}-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) Borrowers rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy. establish, and use the Property as Borrowers principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as i3orroowees principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing„ which consent shall not be unreasonably withheld. or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property: Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property frotn deteriorating or decreasing in value due to its condition, finless it is determined pursuant to Section 3 that repair or restoration is not economically raasible. 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 aark is tt-"PA) (0-908) C1a. (10Wo Page 8 of 17 f=orm 3039 1101 +nrlnt7nIn R-57313er0. CUMBERLAND COUNTY tnst.0200731248 - Page 8 of 19 DOC ID #: 00017731869507007 completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loam 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 for failed to provide Lender with material information) in connection with the Loan. material representations include, but are not timitod to, rcpresentations concerning Borrower's occupancy of the Properly as Borrower's principal residence. 9. Protection of Leader's Interest in the Property and Rights Under this Security instrument. if (a) Borrower fails to perform the covenants and agreements contained in this Security insirurtent. (b) there is a legal proceeding that might significantly affkct Lendces interest in the Property and<ot rights under this Security Instrument (such as a proceeding in bankruptcy, probate. for condemnnt.ion or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulatiens), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Leader's Interest in the Property and rights under this Security Instrument. including protecting and/or assessing the value of the Property. and securing and/or repairing the Property- Lender's actions can include. but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument: (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument. including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9, 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 rata from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehoid, Borrower shall comply with all the provisions of the lease. if Borrower acquires fee title to the Property, the Icuschotd and the lea title shall not merge unless Lender agrees to the merger in writing. 19. Mortgage Insurance. If Lender required Mortgage insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason. the Mortgage Insurance coverage required by Lender caries to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments tou,ard the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalenr 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 nn alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Leader the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a nun-refundable loss reserve in lieu of Mortgage insurance, Such loss reserve shalt be non-refundable, notwithstanding the fact that the Loan 44-6A(PA) (06011) Cttt.110105) Page s of t7 Form 3039 141 1011172010 8:57:30 AM CUMBERLAND COUNTY instA 200731248 - Page 9 of 19 DOC ID #: 00017731869507007 is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage insurance coverage (in the amount and for the period that hander requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundawc 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 ink) agreements with other parties that share or modify their risk, or reduce losses. These agreements arc 1,3n turns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance Premiums), As a result of these agreements, Lender, any purchaser of Lht Note, another insurer, any rvinsurer. 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 It)_vurance, in exchange for sharing or modifying the mortgage insurers risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the iGSuru 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 agmed to pay for Mortgage insurance, or any other terms of the Loan. Such 2greemenb will not increase the amount Borrower will owv for Mortgage Insurance, and they will not caulk Borrower to any refund. (b) Any such agreements will not alreet the rights Borrower has - if any - with respect to the Mortgage insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation or the Mortgage insurance, to have the Mortgage Insarance 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 herehy assigned to and sha!1 be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction- provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not he required to pay Forrower any interest or comings on such Miscellaneous Proceeds. If the restoration or 4R4NPA) (05M CHL 110!031 Pape io cr 17 Form 3039 1101 InfrIMIr, W-U-3n AM CUMBERLAND COUNTY Inst.# 200731248 - Bags 1D of 19 DOC ZA #: 40017733,669.5D'7007 repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds thati be applied to tilt sums secured by this Security Instrument, whether or not then due, with the excess. if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 3. In the event of a total taking, destruction, or loss in value orthe 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 faking, destruclion. 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 titre amount of the sums _secured by this Security Instrument immediately before the partial taking. destruction. or loss in value. unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the Hallowing fraction: (a) the total amount or 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 fuss in value. Any baltutee shall be paid to Borrower. In the event of a partial taking. destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking„ destruction. or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction. or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. tf the Property is abandoned by Borrower. or iK after notice by Lender to Borrower that the Opposing Party (as de(lned in the next sentence) offers to make an award to settle a claim for damages, Borrower faits to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the part; against whom Borrower has a right of action in regard to Misccllaneous Proceeds. Borrower shall he in default it' any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other maleriai impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration leas 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 liar damages that are attributable to the impairment or Lrnder's iotemt 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 Leader 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 ot` Borrower shall not operate to release the liability of Borto«er 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 othenvise modify amortization of the sums secured by this Security instrument by reason or any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy includin14, without limitation. Lender's acceptance of payments i1rotn third persons, entities or Successors in Interest of Ct -GA(PA) @5081 CHL (IGMS) Papa 11 N 17 Foon 3039 1101 10!1112010 8:57:30 AM CUMBERLAND COUNTY Intl.# 200731248 - Pace 11 of 19 DOC 1D #: 00017731869507007 Borrower or in amounts less than the amount then due, shall not he 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 teat Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Set unity instrument: and (c) agrees that Lender and any other Borrower can agree to extend. modify, forbear or make any accommodations with regard to the terms of this Security instrument or the Note without the co-signers consent. Subject to the provisions of Section 18. any Successor in Interest of Borrower who assumes Borrowers 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 shatl not be released from Borrowers obligations and liability under this Security Instnuent unless Lender agrees to such release in writing. The covenants and agrccum-nis of this Security instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Leader may charge Borrower fees for services performed in connection with Dorrowces default, ror the purpose or protecting Lendcr'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 fern the absence of express authority in this Security instrument to charge a specific tee to Borrower shall not be construed as a prohibition on the charging orsueh (cc. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subect to a law which sets maximum lawn 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 penmitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) uny sums already coin cted front Borrower which exceeded permitted limits will he refunded to Borrower. Lender may choose to snake this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated ax a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrowcrs acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out oi'such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security instrument must he 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 inail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise- The notice address shall be the Property Address unless Borrower has designated a. substitute notice address by notice to L.cnder. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change oraddress through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actuafiy received by Lender. If any notice required by 4D -eA(PA) (05W CHt lJ010ti) gape 12d 17 t°orrn sane 141 ,n,4 s rnmi n p•sz-ran Aea r i ratRFRI ANn r ni iNiy Inst# 200731248 - Pow 12 of 19 DOC ID #: 00017731869507007 this Security instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security instrument. 16. Governing, Law; Severability, Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument arc subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this security instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can he given effect without the conflicting provision. As used ire this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17, Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 19. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18. "Interest in the Property" means any legal or beneficiul 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 ortille by Borrower at a tillure date to a purchaser. V all all or any part of the Property or any lntcrest 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 Lenders 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 Lend" if such exercise is prohibited by Applicable Law. If Lender exercises this option, Leader shall give Borrower notice or acceleration, The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security instrument. Ir borrower fails to pay these suers 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. Burrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; tb) 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 In!orumenL 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 or any other covenants or agreements: (c) pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees, property iaspcctio n and valuation fees, and other fees incurred for the puriwse of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security instrument, and Borrowct'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 G" or more of the following runes. as selected by Lander: (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, t GA(PA) (OaoB) CkL (11110 Page 13417 Fomt 3038 1i01 e nr11nn1n A'57'.11 AKA CUMBERLAND COUNTY Inst.# 200731248 - Page 13 of 19 DOC ID #: 00017732869507007 instrumentality or entity; or (d) Electronic Funds "Transfer. Upon reinstatement by Borrower, Ns 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 (Vote; Change of Lain 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 Harrower. 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 insttumeat and Applicable Law. There also might be one or more changes of die Loan Servlcor 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 RGSPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join. or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Lave provides a iintc period which must elapse before certain action can be taken, that time period will be deemed to he reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wanes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde. and radioactive materials: (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection, (c) "Environmental Cleanup" includes any response action. remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup, Borrower shall not cause or permit the presence, use. disposal, storage, or relese of any Hazardous Substances, or threaten to release any Hazardous Substances. on or in the Property. Borrower shall not do, nor allow, anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law. (b? which creates do Environmental Condition. or (c) which, due to the presence. use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenwrice of the Property (including, but not limited to, hazardous substances in consumer products). 0t41AJPA) (06" GNI, (I CM) Page 14 of 17 Form 3039 1101 r oil i rymn ;t-R7-an au rUMRFRi AND COUNTY InsL# 200781248 -Page 14 of 19 DOC ID #: 00017731869507007 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 Substanct or Environmental Low of which Borrower has actual knowledge. (b) any Environmental Conditior, including but not limited to, any spilling, leaking. discharge, release or threat of release of any hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns. or is notified by any governmental or regulatory authority, or any private patty, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly tale all necessary remedial actions in accordance with Environmenta. Law. Nothing herein shall create any obligation on Lender for an Environmental Cleunup. NOES UNIFORM COVENANTS. Borrower and lender further covenant and agree as follows. 22. Acceleration; Remedies. Lender shall give notice to Borrower prior'to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applieable Law provides otherwise), Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the dsfaalt; (c) when the default roust be cured; and (d) that failure to care the default as specified may result in acceleration of the sums secured by this Security lestratnent, foreclosure by judicial proceeding and sale of the Property. Lender shall further laforin Borrower of the right to reinstate after acetderation and the right to assert In the foreclosure proceeding the son-existence of a default or any other defense of Borrower to acceleration and foreclosure. It 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. Leader shall be eadded to collect all expenses iscurrul In pursuing the remedies provided In This Section 22, including, but not limited to, attorneys' fees and casts of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sutras secured by this Security Instrument, this Security Instrument and the estate conveyer) shall terminate mid become void. After such occurrence. Lender shall discharge and satisfy this Security instrument. Borrower shall pay any recordation costs. Leader may charge Borrower a fce for releasing this Security instrument but only if the fee is paid to a third party for scrvices rendered and the charging of the fee is permitted under Applicable Lau. 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 Inws providing for stay of execution, extension of time, exemption rrom attachment, levy and salt, 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 stile or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shah be u purchase motley mortgage. 27. Interest Irate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shalt be the rate payable trorn time to time under the Note. 4M 4A(PA) (0508) CHL (1OMS) P"4 1501-, Fonn 9039 1101 r-i Moroi Akw% rot Wry Inat.# 200731248 - Paoe 15 of 19 Doc ID #: 0()017731869507007 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security lustrument and in any Ridcr executed by Borrower and recorded wide it. TAWNIA M. BOLLINGER _ (Seal) -Borrower (Seal) ROBERT W. BOLLINGER -Borrower -. (Seal) -Borrower .-. i Seal) -Borrower d ft ?iPAi (os0e) Ctn. (l0ros> t 18 of 17 Form 3M 1101 znfi 1»nin A•ST3n AU CUMBERLAND COUNTY InstA 200731248 - Page 16 of 19 DOC ID 0,8y017771?9 07007 COMMONWEALTH OF PENNSYLVANIA, ?4. j? County ss: On this. the day of 0 before me, thr undersigned officer, personally appeared known to me (or satisfactorily proven) to tic the pcrsoni,'s? whose nam ' o subscribed to the within instrument and acknowledged that helsh?) executeTthc same for the putpnscs herein contained. JJ IN wt,rNESS WHEREOF. I hereunto set my hand and official seal. My Commission Fxpires: 1l-Ltl-efT TR OF?,FF" 1F,?N,?Y VANE , lvatattNSest Karen L. Burch, Nut" PLOW t.Ndun' sore cumYaiaad ? MyConunt?ns on Epkes Nov. 242i? TtdeofCitTfoer Merntser, Panasy"itho A"oe s*m & t?ohrta6 Certificate of Residence L 'W W 1' do hereby certify that the correct address of the within-named ?7 Mortgagee is P.O. Box 2026, Flint. 441 4801-2026- Witness my hand this I ,iny o{ 4Kri-4^!f4 U Agent oflviot"cc 4R -WPA) tuseel alit. (towel Papa t7 d 17 Form 3039 1104 40144 MMn 0-97-'tn &%A (-I IURFRI ANtl M-A 110Y InstA 200731248 - Passe 17 of 19 Stewart Title Guaranty Company Commitment Number: 2007070097' SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract o` land situate in the Township of South Middleton, Cumberland County, bounded and described as follows: BEGINNING at a point in the center of a public road, which road is Township Route No. 542; thence by lands now or formerly of W. McClellan Whitcomb, the following courses and distances: to wit. South 35 degrees 50 minutes West, a distance of 199.55 feet to a stone; South 18 degrees 45 minutes West, a distance of 193.05 feet to a stake; South 1 degree East, 173.25 feet to stones; South 39 degrees 40 minutes West, 178.2 feet to an oak tree; South 40 degrees 30 minutes West, a distance of 272.25 feet to a stake and stones at corner of lands now or formerly of J.C. Russell, thence by said lands now or formerly of J C. Russell, North 80 degrees 50 minutes West, a distance of 157 feet to a point in other lands now or formerly of Robert M. Frey; thence along lands now or formerly of Robert M. Frey, North 15 degrees 15 minutes East, a distance of 832 feet, more or less, through a pipe in a stump to a point in the center of said public road; thence along the center line of said public road South 52 degrees 40 minutes East, a distance of 450 feet to a point, the place of BEGINNING. HAVING thereon erected a frame dwelling house a frame apartment building. Parcel #40-12-0342-035 ALTA Commitment Schedule C (2007070097 _ PFDt2007070097123) 4 nm 4 nntn R-f.7-Zn a \h r-1 IMRFRi ANn MI INTY tnsL# 200731248 - Paste 18 of 10 ROBERT P. ZIEGLER ? RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE I CARLISLE, PA 17013 1 717-240-6370 I Instrument Number - 200731248 Recorded On 8/9/2007 At 11:28:22 AM * Total Pages -19 * Instrument Type - MORTGAGE invoice Number -1751. User Ill - MSW * Mortgstger - HOLLINGER, TAWNIA. M * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. * Customer - CORE SETTLEMENT SER INC * I.rEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES RECORDER OF DEEDS AI:PFORDASLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10-00 $39.50 $11.50 $2.00 $3.00 $66.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER Q D DS - Information denoted by as asterisk may change during the verification process :ad may not be reflected an this page. 111111111111111 1n11 iM111R /2•57.30 AM CUMBERLAND COUNTY Inst# 200731248 -Page 19 of 19 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff g Etitr of ?tturbr?r? `. ? -" te Jody S Smith r; Chief Deputy Richard W Stewart Solicitor OFCC6 of 7HE ,r-ERIFF ' BAC Home Loans Servicing, LP Case Number vs. Robert W. Bollinger (et al.) 2010-6559 SHERIFF'S RETURN OF SERVICE 11/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Tawnia M. Bollinger, but was unable to locate her in his bair6ick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Tawnia M. Bollinger. Deputies were advised Tawnia M. Bollinger does not reside at 139 Red Tank Road, Boiling Springs, PA 17007. Request for service at 7 East Street #1, Mount Holly Springs, PA 17065 is vacant. The Mount Holly Springs Postmaster has advised Tawnia M. Bollinger's mail is on hold and to date are unable to provide a good address for Tawnia M. Bollinger. 11/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Robert W. Bollinger, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Robert W. Bollinger. After several attempts the Complaint in Mortgage Foreclosure has expired. SHERIFF COST: $66.10 November 16, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (C) CCUntySuite Sheriff. Teleosoft. Inc MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 rc ? ? ? Eu?l ,?,,ti t ;r Attorney for PI File No.: 45.13544 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff, Vs. Robert W. Bollinger And Tawnia M. Bollinger Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-6559 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, comes Plaintiff, by its attorney Patrick J. Wesner, Esquire and moves this Honorable Court for an Order permitting Alternative Service upon the Defendants, Robert W. Bollinger and Tawnia M. Bollinger by posting and tacking the Complaint and all subsequent pleadings that require personal service on the premises known as 139 Red Tank Road, Boiling Springs, PA 17007 (the "Premises") and by regular and certified snail to the Premises and all known addresses for the Defendants pursuant to Pennsylvania Rule of Civil Procedure 430 and avers in support thereof: 1. Plaintiff filed suit against the Defendants, Robert W. Bollinger and Tawnia M. Bollinger (the "Defendant") in Mortgage Foreclosure. 2. Plaintiff, BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP ("Plaintiff') is the mortgagee. {00540136} 3. Plaintiff has attempted to effectuate service of the Complaint upon Defendants. Service was attempted on the Defendants at the mortgaged property address of 139 Red Tank Road, Boiling Springs, PA 17007. A copy of the Sheriff's Return is attached herto and marked as Exhibit "A." 4. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendants. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit submitted herewith and made a part hereof as Exhibit "B." Said investigation provides no new address information for the Defendants. 5. Plaintiff has attempted to ascertain the present address of the Defendants, but has been unable to do so. 6. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail and by posting at the mortgaged premises. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendants, Robert W. Bollinger and Tawnia M. Bollinger by posting and tacking the Complaint and all subsequent pleadings that require personal service on the premises known as 139 Red Tank Road, Boiling Springs, PA 17007 (the "Premises") and by regular and certified mail to the premises and all known addresses for the Defendants. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC atrick . Wesner, Esquire Attorney ID No.: 203145 {00540136} MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff, Vs. Robert W. Bollinger And Tawnia M. Bollinger Defendants. Attorney for Plaintiff File No.: 45.13544 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-6559 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS I, Patrick J. Wesner, Esquire, being duly sworn according to law, hereby depose and say that the facts set forth below are true and correct to the best of my knowledge, information and belief. 1. Plaintiff filed suit against the Defendants, Robert W. Bollinger and Tawnia M. Bollinger (the "Defendants") in Mortgage Foreclosure. 2. Plaintiff, BAC HOME LOANS SERVICING, LP FKA. COUNTRYWIDE HOME LOANS SERVICING LP ("Plaintiff') is the mortgagee. 3. Plaintiff has attempted to effectuate service of the Complaint upon Defendants. Service was attempted on the Defendants at the mortgaged property address of 139 Red Tank Road, Boiling Springs, PA 17007. A copy of the Sheriff's Return is attached herto and marked as Exhibit "A." {00495113} 4. Pursuant to Pennsylvania Rule of Civil Procedure 430,131aintiff has made a good faith effort to locate the Defendants. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit submitted herewith and made a part hereof as Exhibit "B." Said investigation provides no new address information for the Defendants. 5. Plaintiff has attempted to ascertain the present address of the Defendants, but has been unable to do so. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail and by posting at the mortgaged premises. Milstead & Associates, LLC r, squire Attorney ID No.: 203145 {00495113} MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff, Vs. Robert W. Bollinger And Tawnia M. Bollinger Defendants. Attorney for Plaintiff File No.: 45.13544 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-6559 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE 1. INTRODUCTION This matter comes before the Court upon the Motion of Plaintiff, for an order permitting substituted service pursuant to Pa. R.C.Pro. 430(a) upon the Defendants Rober W. Bollinger and Tawnia M. Bollinger (the "Defendants") in this mortgage foreclosure action. II. FACTS Plaintiff filed suit against the Defendants, Robert W. Bollinger and Tawnia M. Bollinger (the "Defendants") in Mortgage Foreclosure. Plaintiff, BAC HOME LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, ("Plaintiff') is the mortgagee. Plaintiff has attempted to effectuate service of the Complaint upon Defendants. Service was attempted on the Defendants at the mortgaged property address of 139 Red Tank Road, Boiling Springs. A copy of the Sheriff's Return is attached herto and marked as Exhibit "A." {00495113} Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendants. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit submitted herewith and made a part hereof as Exhibit "B." Said investigation provides no new address information for the Defendants. Plaintiff has attempted to ascertain the present address of the Defendants, but has been unable to do so. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail and by posting at the mortgaged premises. III. LEGAL ARGUMENT According to Pa. R.C.Pro. 430(a), a plaintiff may petition the court to provide an alternative method of service if the plaintiff cannot effectuate service upon the Defendants. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service cannot be made." Pa.R.C.Pro. 430(a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Rule 430 provides in pertinent part: 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 Defendants and the reasons why service cannot be made. {00495113} Pa.R.Civ.P. 430(a). It is well settled that, pursuant to Pa.R.Civ.P. 430(a), a method of substituted service which is reasonable calculated to give actual notice depending upon "what is reasonable under the circumstances, considering the interest at stake and the burden of providing notice" is acceptable. Romeo v. Looks, 369 Pa. Super. 608, 616 (1987). The instant matter is a mortgage foreclosure action. Clearly, service upon the Defendants at the property subject to the action and to all known addresses of Defendants and by publication is reasonably calculated to provide notice to the Defendants in light of the efforts already made by the Plaintiff to effectuate personal service. Plaintiff has attached an affidavit to its Motion which sets forth the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants. The Motion and the affidavit illustrate that Plaintiff has made a good faith effort to effectuate service under normal methods. Substituted service in this instant is appropriate under Pa.R.Civ.P. 430(a). IV. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint and all subsequent pleadings which require personal service by certified and regular mail to all known addresses of Defendants and by posting at the mortgaged premises and by publication. P ck J. Wes squire Attorney ID No.: 203145 {00495113} MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff, Vs. Robert W. Bollinger And Tawnia M. Bollinger Defendants. Attorney for Plaintiff File No.: 45.13544 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-6559 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATION OF SERVICE I, Patrick J. Wesner, Esquire, hereby certify that I have served a true and correct copy of Plaintiff's Motion for Alternate Service to the following person or their attorney of record. XXXX Regular First Class Mail Certified Mail Other Date Served: November 16,2011 TO: Robert W. Bollinger 139 Red Tank Road Boiling Springs, PA 17007 Tawnia M. Bollinger 139 Red Tank Road Boiling Springs, Pa 17007 squire Attorney ID No.:203145 100495113} EXHIBIT "A" {00495113} SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?tit? Jody S Smith ? Chief Deputy , Richard W Stewart Solicitor cFFCE OF _ $-iRIFF BAC Home Loans Servicing, LP i vs. Robert W. Bollinger (et al.) Case Number 2010-6559 SHERIFF'S RETURN OF SERVICE 11/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Tawnia M. Bollinger, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Tawnia M. Bollinger. Deputies were advised Tawnia M. Bollinger does not reside at 139 Red Tank Road, Boiling Springs, PA 17007. Request for service at 7 East Street #1, Mount Holly Springs, PA 17065 is vacant. The Mount Holly Springs Postmaster has advised Tawnia M. Bollinger's mail is on hold and to date are unable to provide a good address for Tawnia M. Bollinger. 11/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Robert W. Bollinger, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Robert W. Bollinger. After several attempts the Complaint in Mortgage Foreclosure has expired. SHERIFF COST: $66.10 November 16, 2010 SO ANSWERS, 4NR7 ANDERSON, SHERIFF (Ci CounfyguRe Sheriff, Teieosoft. Inc. EXHIBIT "B" 100495113} ? 498 dftggo *A "ft,. RMT SERVICES LLC "You Seek and We Find" Number: 45.13544 Date: September 14, 2010 Plaintiff: Bank of America Vs Defendant: Tawnia M. Bollinger Robert W. Bollinger County: Cumberland Person to Locate: Robert W. Bollinger XXX-XX-XXXX AFFIDAVIT OF GOOD FAITH INQUIRY LAST KNOWN ADDRESS 1) 139 Red Tank Road, Boiling Springs, PA 17007 SEARCH OF LOCAL TAX AUTHORITY Inquiry with local tax office was inconclusive due to the lack of records available for Cumberland County. INQUIRY OF THE CREDIT BUREAU Inquiry with credit bureau, confirms the most current mailing address for Robert W. Bollinger as address #1 listed above. Please see'document attached. SEARCH OF LOCAL PHONE DIRECTORY AND OPERATOR INQUIRY The local phone directory has (717) 323-0243 listed to Tawnia M. & Robert W. Bollinger at address #1 listed above. (717) 786-8633 is a phone number used from the credit bureau listings. VERBAL TELEPHONE INOUIRIES/CONTACTS: (717) 323-0243: 9-13-10 at 7:14 p.m. message: number not currently accepting calls (717) 786-8633: 9-13-10 at 7:15 p.m. female had no idea Neighbors closest to 139 Red Tank Road 149 Red Tank Road: 9-14-10 at 1:00 p.m. call was blocked 163 Red Tank Road: 9-14-10 at 1:01 p.m. female had no idea I CERITFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT, THE BEST OF MY KNOWLEDGE. I UNDERSTAND FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES RELATING TO UNS ORNF CATI T AUTHORITIES AFFIANT: Wayne Huber LISA tAt, WOMA5 10 # 2379717 jC0FWNjffM t401 PA . IV5MI3 G??? r68nd daYof me 20 /a Inquiry - SSN: First Name: robeert Last Name: bollingef Middle Initial: w Street: 139 red tank road City: boiling springs State: pa Zip: 1'7007 Tracking Field 1: Tracking Field 2: ROBERT W BOLLINGER 139 RED TANK RD i 11/24/2007 4 BOILING SPRINGS, PA 17007 `i _. . ROBERT BOLLINGER ?- 139 RED TANK RD ' 08/07/2007 BOILING SPRINGS, PA 17007 ROBERT BOLLINGER ' 139 RED TANK RD ' 07/20/2007 BOILING SPRINGS, PA 17007 I ROBERT BOLLINGER 139 RED TANK RD 07/19/2007 BOILING SPRINGS, PA 17007 ROBERT BOLLINGER 139 RED 02/19/2007 DALMATIA, PA 17017 s ROBERT BOLLINGER SR 139 RED TANK RD 02/19/2007 BOILING SPRINGS, PA 17007 ! ! 11/01/2001 LANDIS STORE, PA 18232 w ;wN, 'd Misr, "?40 N&i RMT SERVICES LLC "You Seek and We Find" Number: 45.13544 Plaintiff: Bank of America Date: September 14, 2010 Vs Defendant: Tawnia M. Bollinger Robert W. Bollinger County: Cumberland Person to Locate: Tawnia M. Bollinger XXX-XX-9051 AFFIDAVIT OF GOOD FAITH INQUIRY LAST KNOWN ADDRESS 1) 139 Red Tank Road, Boiling Springs, PA 17007 2) 7 East Street #1, Mount Holly Springs, PA 17065 SEARCH OF LOCAL TAX AUTHORITY Inquiry with local tax office was inconclusive due to the lack of records available for Cumberland County. INQUIRY OF THE CREDIT BUREAU Inquiry with credit bureau, confirms the most current mailing address for Tawnia M. Bollinger as address #2 listed above. Please see document attached. SEARCH OF LOCAL PHONE DIRECTORY AND OPERATOR INQUIRY The local phone directory has (717) 323-0243 listed to Tawnia M. & Robert . W. Bollinger at address #1 listed above. (717) 449-8774 & (717) 486-5496 are two phone numbers used from the credit bureau listings. VERBAL TELEPHONE INOLTHUES/CONTACTS: (717) 323-0243: 9-13-10 at 7:14 p.m. message: number not currently accepting calls (717) 449-8774: 9-13-10 at 7:17 p.m. disconnected (717) 486-5496: 9-13-10 at 7:16 p.m. answering machine Neig=hbors closest to 7 East Street #1 8 East Street: 9-14-10 at 1:02 p.m. answering machine I 1 East Street: 9-14-10 at 1:03 p.m. female had no idea I CERITFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT, TO BEST OF MY KNOWLEDGE. I UNDERSTAND FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES RELATING TO UNSWORN FALSIFICATION' HORITIES AFFIANT: Wayne Huber 7NOMA5 ,? ?a su?Wbed usik ANN 17 ° 10 # 23797 IBY 6 to ?1?11S1=13 139 RED TANK RD 09/02/2008 TAWNIA M BOLLINGER 139 RED TANK RD 11/30/2007 BOILING SPRINGS, PA 17007 Ij i TAWNIA M BOLLINGER - 139 RED TANK RD t 11/24/2007 ` I ROII IN(; 14PRIN(.S PA 17(1(17 [ r i BAC HOME LOAN SERVICING, LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, PLAINTIFF V. ROBERT W. BOLLINGER AND TAWNIA M. BOLLINGER DEFENDANTS IN THE COURT OF COMMON PLEAS OF 0 CUMBERLAND COUNTY, PENNSYLVANIA r7 r., C) r a Tl . v r 4C3 NO. 10-6559 CIVIL c r? _ ORDER OF COURT AND NOW, this 28'h day of January, 2011, upon consideration of the Plaintiff's Motion for Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant has been unsuccessful, Plaintiff's Motion is GRANTED. IT IS HEREBY ORDERED AND DIRECTED that 1. That the Plaintiff is directed to serve the Complaint upon Defendants by posting a copy of the Complaint upon the premises at 139 Red Tank Road, Boiling Springs, PA 17007; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendants' last known addresses at 139 Red Tank Road, Boiling Springs, PA 17007; 3. All future service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendants' last known addresses. By the Court, v Patrick J. Wesner, Esquire . d Attorney for Plaintiff 4y WaA" o/11 S, -,-I, U M. L. Ebert, Jr., J. bas SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff OF THE PROTHONOTARY JTPROTHONOTARY Jody S Smith OF Chief Deputy 2011 MAR 30 AM 9: 17 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA BAC Home Loans Servicing, LP vs. Case Number Robert W. Bollinger (et al.) 2010-6559 SHERIFF'S RETURN OF SERVICE 03/25/2011 03:16 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 25, 2011 at 1516 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert W. Bollinger, pursuant to order of court by posting the premises located at 139 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania 17007 with a true and correct copy according to law. A TSHA L, DEPUTY 03/25/2011 03:16 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 25, 2011 at 1516 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tawnia M. Bollinger, pursuant to order of court by posting the premises located at 139 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania 17007 with a true and correct copy according to law. SHERIFF COST: $62.00 March 28, 2011 _4?klf Q4 H HALL, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF MILSTEAD,& ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 4 ; aE PRCTIIONOTA" ,,` 2,311 AUG - I PH 1: 39 'CAUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff 45.13544 ISAU riU1M1 LUANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 10-6559 Civil Term Robert W. Bollinger, Praecine to Dismiss the Mortgage Foreclosure Action without Prejudice and I Tawnia M. Blollinger, Defendant(s). TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. MILSTEAD & ASSOCI E , LLC Patric er squire Attorney ID No. 2 145 {00610268}