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Home My WebLink About11-6230SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ????5n, °a? 4 trr? l rrf4114 Jody S Smith Chief Deputy - Richard W Stewart Solicitor The Bank of New York Mellon vs. James B. Fulton, III SHERIFF'S RETURN OF SERVICE fj f E r ?i'SutVE1Ulii , Case Number 2011-6230 09/08/2011 08:40 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 8, 2011 at 0840 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: James B. Fulton III. After several attempts the residents of 56 W. Main Street, New Kingstown, Cumberland County, Pennsylvania 17072 will not answer the door. 09/08/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 8, 2011 at 0840 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Occupant of 56 W. Main Street, New Kingstown, Pennsylvania 17072. After several attempts the residents of 56 W. Main Street, New Kingstown, Cumberland County, Pennsylvania 17072 will not answer the door. SHERIFF COST: $65.00 SO ANSWERS, September 08, 2011 RON R ANDERSON, SHERIFF SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039765 The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 PLAINTIFF VS. James B. Fulton, III DEFENDANT i-IJ. r 1 7-011 OCT 14 AM 10: 1 _T"IBEIRLAND C0IJ1' ,J PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 2011-06230 PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff S Q b ?, ' to -,-4 q _}1 ej?,031o?90(0 y?- Acaq s 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor IOC 27 PF1 }U M ?(?_Et R L a i% " C s The Bank of New York Mellon vs. James B. Fulton, III Case Number 2011-6230 SHERIFF'S RETURN OF SERVICE 10/19/2011 01:51 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2011 at 1351 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James B. Fulton III, pursuant to order of court by posting the premises located at 56 W. Main Street, New Kingstown, Cumberland County, Pennsylvania 17072 with a true and correct copy according to law. ///,Z VALERIE WEARY, DEPUTY SHERIFF COST: $41.00 October 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (C) C01j"'ySui.e Sheriff 7elecsuff 6?c: SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE, NO. 11-039765 The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 PLAINTIFF VS. James B. Fulton, III DEFENDANT _... ,~ . `~ COURT OF COMMON PLEAS (:NIL DIVISION CUMBERLAND COUNTY N0:2011-06230 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $52,390.23 in favor of the Plaintiff and against the Defendant, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid $41,343.88 Interest accrued $6,178.03 Late Charges $566.31 Escrow Advances $4,522.35 Appraisal Fees $386.00 Property Inspection $182.75 Attorney Fees & Costs of Foreclosure $1,503.00 T TAL ~,~' ` B $54,682.32 Y: Christopher A. DeNardo, Esquire ttorn r Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and inst t efe nt and damages are assessed as above in the sum of $54,682.32. { -..4., ,~ Pro. y, 11-039765 a~telfc. S0 ~.~aga~as ~~, ~ ~0,,,1e~ SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039765 The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Tnist 2007-1 Vericrest Financial, Inc. 715 S. Metropolitan Ave. Oklahoma City, OK 73108 PLAINTIFF VS. James B. Fulton, IlI DEFFINDANT(S) STATE OF: Pennsylvania COUNTY C)F: Montgomery C"OURT OF COMMON PLEAS CUMBERLAND COUNTY 2011 •~06?30 AFFIDAVIT OF NON-MILITARY SERVICE THE LrNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. SHAPIRO & DENARDO, LLC r , Y Christopher A. DeNardo, Esquire Sworn to and subs~c-ribed before me this .,~~ ~ day 4 of ~ ~ ~ ~'~.,, _,2012. `~ i C ;"°'" ^v'r~l- Notary Public SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDC), ESQUIRE ATTORNEY LD. NO: PA Bar # 78447 3600 HORI~:ON DRNE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039765 The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 PLAINTIFF VS. .lames B. Fulton, III DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COLJIVTY NO: 2011-06230 CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, November 29, 2011 to the following Defendants: James B. Fulton, III, 56 West Main Street, New Kingstown, PA 17072 James Fulton, III, P.O. Box 381, New Kingstown, PA 17072 _ ...,1 it ...... l t ~._ ..._ . ~e:nna they, •L~~g Assistant. to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC SHAPIRO ~ DeNARDO, I,LC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY LD. NO: PA Bar # 78447 3600 HORIZON DRNE, STJITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-03976 The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trti~st 2007-1 PLAINTIFF C"OURT OF COMMON PLEAS CIVIL DNISION CUMBERLAND COiJNTY VS. James B. Fulton, III DEFENDANT NO: 2011-06230 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 LVIPORTANT NOTICE TO: James B. Fulton, III DATE OF NOTICE: November 29, 2011 You are in default because you have failed to enter a written appearance personally or by attorney and file in wr:~ting with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered againstvou without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-~ 166 PURSUANT 'TO THE FAIIt DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION Il1~IPORTANTE 1Jsted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (lU) dias de la fecha de esta notii icacion, el tribuna podra, sin necesidad de compararecer usted in come o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notification a un abog;ado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o Name por telefono a la oficina cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberlar.{d County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 1'7013 717-249-31 Ei6 PURSUANT 'TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 23 /. l NOTICE SENT TO James S. Fulton, III, 56 West Main Street, New Kingstown, PA 17072 James Fulton, III, P.O. Box 381, New Kingstown, PA 170"72 ~; Clu-istopher A. DeNardo, Esquire Shapiro & DeNardo, LLC Ai~torney for Plaintiff SHAPIRO & DeNARDO, I,LC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY LD. NO: PA Bar # 78447 3600 HORIZON DRNE, SiJITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE_NO. 11-03976: The Bank of New York Mellon, as Trust- e for CIT Mortgage Loan Trust 2007-1 ; PLAINTIFF VS. James B. Fulton, III DEFENDAI~~T COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND COIJN'TY NO: 2011-06230 CE OF INTENTION TO TAKE DEFAULT_ UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE T'O: James :Fulton, III DATE OF NOTICE: November 29, 2011 You a.re in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once.. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out wlaPre. you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAII2 DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR. THAT PU1tPOSE. NOTIF'ICACION IlVIPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion. requirida de su parte en este caso. Al no tomar la accion. debida dentro de un termino de diez (10) dias de la fecha de esta notification, ei tribuna podra, sin necesidad de compararecer usted in carte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notification a un abogado immediatamente. Si usted no time abogado o si no time dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya direction se encuentra escrita abajo Para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 1'7013 717-249-3166 PL7RSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 23 7.1 NOTICE SENT TO: James B. Fulton, IIh 56 West Main Street, New Kingstown, PA 17072 James Fulton, III, P.O. Box 381, New Kingstown, PA 17072 /7 ~ ,~: ~' -, Christopher A. DeNardo, Esquire Shapiro &DeNardo, LLC Attorney for Plaintiff SHAPIRO ~'~ DeNARDO, LLC BY: CHRISTOPHER A. De1~1ARD0, ESQUIRE ATTORNEY LD. NO: PA Bar # 78447 3600 HORh7ON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039765 The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Tnist 2007-1 PLAINTIFF VS. James B. Fulton, III DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0:2011-06230 CERTIFICATE OF SERVICE I, Christopher A. DeNardo, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first. class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: James B. Fulton, III, 56 West Main Street, New Kingstown, PA 17072 James Fulton, III, P.O. Box 381, New Kingstown, PA 17072 Date Mailed: _~S 2 _ SHAPIRO & DeNARDO, LLC Christopher A. DeNardo, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORI;?ON DRIVE, StJITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039765 The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 PLAINTIFF VS. James B. Fulton, III DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0:2011-06230 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 c/o Vericrest Financial, Inc. 715 S. Metropolitan Ave. Oklahoma City, OK 73108 and that the last known address of the judgment debtor (Defendant) is: James B. Fulton, III 56 West Mann Street New Kingstown, PA 17072 James Fulton, III P.O. Box 3 81 New Kingstr.>wn, PA 17072 SHAPI~RO~& DeNARDO, LLC BY: ~'/~y~? _ ____ ---~ Christopher A. DeNardo, Esquire Attorney for Plaintiff 11-039765 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS (:umberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 David D. Buell Prothonotary TO: James B. Fulton, III 56 West Main Street New Kingstown, PA 17072 The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 PLAIN'T'IFF VS. James B. Fulton, III DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 2011-06230 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified ghat a Judgment has been entered against you in the above proceeding as indicated below. David D. Buell Prothonotary [XX] Judgment by Default [ ]Judgment for Possession [ ]Judgment on Award of Arbitration [ ]Judgment on Verdict [ ]Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY CHRISTOPHF,R A. DENARDO, ESQilIRE AT (610)278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION __ PRAECIPE FOR WRIT OF EXECUTION Caption: OConfessed Judgment OOther The Bank. i~f New York Mellon, as Trustee File No. I ~ - ~a 3~ _ `~-'`~ ~l __ for CIT Mortgage Loan Trust 2007-1 Amount Due $52,390.23 PLAINTIFF ~ Interest October 24, 2012 to March 6, 2013 vs. is $1,538.45 ; Atty's Comm ___ Costs ; James B. Fulton, III DEFENDANT(S) ~ _ ,,~ TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installrrlet•+t sa€e, contract, or .. account based on a confession of judgment, but if it does, it is based on the appropriate original q'roceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amerfded Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. >, Date: o~ t, ~~ qa moo,, ,. to u ~. ~ ~ ~ ,, ~, a. s~i> ~ Q ass . ~-~z> Signature: ~ ~~ Print Name: Christopher A. DeNardo, Esquire Address: 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 78447 ~ ~~Ue ~ . ~~~sd~t_ (~'~~ I~fUp~~'8y ~~~`a as i ~~~ + ~~ ~~Tss,~d 1 ., L. ~) C, i; f, e ~ . ~ -, 1...` ~ fit... The Bank of New York Mellon, as Trustee for COURT OF COMMON PLEAS CIT Mortgage Loan Trust 2007-1 ~ CIVIL DIVISION PLAINTIFF ~ C'UMBERLAND COUNTY VS. James B. Fulton, III ~ NO: 2011-06230 DEFENDANT AFFIDAVIT PURSUANT TO RULE 3129.1 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARllO, ESQUIRE ATTORNEY LD. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHC)NE: (610)278-6800 S & D FILE NO. 11-039765 The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 56 West Main Street, New Kingstown, PA 17072. 2 3 Name and address of Owner(s) or Reputed Owner(s) James B. Fulton, III 56 West Main Street New Kingstown, PA 17072 .lames Fulton, III P.O. Box 381 New Kingstown, PA 17072 Name and address of :Defendant in the judgment: James B. Fulton, III S6 West Main Street New Kingstown, PA 17072 James Fulton. III P.O. Box 381 New Kingstown, PA 17072 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: l The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 c/o ~ericrest Financial, Inc. 715 S. Metropolitan .Ave. Oklahoma City, OK "73108 Cumiberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 4. Name and address of the last recorded holder of every mortgage of record: The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1, Plaintiff c/o Vericrest Financial, Inc. 715 S. Metropolitan Ave. Oklahoma City, OK 73108 7. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281.230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: "CENANT OR OCCUPANT 56 West Main Street New Kingstown, PA 1.7072 [ verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC Christopher A. DeNardo, Esquire 11-039765 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE - ATTORNEY LD. NO: PA Bar # 78447 _ ,,. 3600 HORIZON DRIVE, SUITE 150 - - " ` KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 ' ` ~' S & D FILE NO. 11-039765 '~ l L'`~,''~ The Bank: of New York Mellon, as Trustee COiJRT OF COMMON PLEAS for CIT Mortgage Loan Trust 2007-1 ~ CNIL DIVISION PLAINTIFF CUMBERLAND COUNT' VS James B. Fulton, III ~ NO: 2011-06230 DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James Fulton, III P.O. Box 381 I~tew Kingstown, PA 170'72 Your house (real estate) at: 56 West Main Street, New Kingstown, PA 17072 38-19-1621-012. is scheduled to be sold at Sheriffs Sale on March 6, 2013 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, 1?A 17013 at l O:OOAM to enforce the court judgment of $52,390.23 obtained by The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. ('See notice on page two ~of how to obtain an attorney.) YGU MAY STILL BE ABLE TO SAVE YOL1R PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The: sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may br%ng legal proceedings to evict you. 10. You maybe entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW~'ER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL, HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 1701.3 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 11-039765 ALL THAT PARCEL OF LAND IN TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, COMMONWEALTH OE PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 174, PAGE 23, ID# 38-19-1621-012, BEING KNOWN AND DESIGNATED AS FOLLOWS: BEGINNII~~G AT A POINT WITHIN THE BED OF THE CARLISLE PIKE, PENNSYLVANIA LEGISLATIVE ROUTE NO. 34., US 11 IN THE LINE OF LAND NOW OR OF ABOt1T TO BE CONVEYED TO COMMUNICATIONS SERVICES, II~7C.; THENCE IN AND ALONG SAID HIGHWAY SOUTH 81 DEGREES 14 MINUTES WEST 42 FEET TO A CORNER OF LAND NOW OR LATE OF THEODORE OSBORNE; THENCE ALONG SAID LAND NORTH 8 DEGREES 46 MINUTES WEST (PASSING OVEIti A DRILL HOLE 37.12 FEET FROM THE BEGINMNG OF THIS LINE, WHICH DRILL HOLE IS 88 FEET EAST OF rl'HE EASTERN LINE OF A 12 FOOT WIDE ALLEY) FOR A TOTAL DISTANCE OF 88.5 FEET TO A POST;, THENCE CONTINUII~fG ALONG SAID LAND NORTH 12, DEGREES 49 MINUTES WEST 135.47 FEET TO A POINT ON THE SOUTH SIDE OF A FIFTEEN FEET WIDE ALI EY; TI4ENCE ALONG ALLEY NORTH 81 DEGREES 14 MINUTES EAST 22.2 FEET TO A CORNER OF THE AFORESAID LAND OF COMMUNICATIONS SERVICES, INC.; THENCE ALONG SAID LAND SOU"I'H 16 DEGREES, 15 MINUTES I)EAST (PASSING OVER A STAKE LOCATED AT THE INSIDE OF THE CONCRETE WALK, 37.8 FEET FROM THE END OF THIS LINE) FOR A TOTAL DISTANCE 225.55 FEET TO A POINT IN CARLI~iLE PIKE, THE PLACE OF BEGINNING. BEING the same premises which James B. Fulton, III and Laurie J. Fulton, by Deed dated 07/10/92, and recorded in the Cumberland County Office of the Recorder of Deeds on 03/24/98 in Deed Book. 174, page 23, granted and conveyed unto James B. Fulton, III. WRIT OF EXECUTION and/or .A'TTACHMENT COMMONWEALTH OF PE?~1NSYLVANIA) COl1NTY' OF CUMBERLAND) NO. 11-6230 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisty the debt, interest and costs due BANK OF NEW YORK MELLON, AS TRUSTEE FOR CIT MORTGAGE LOAN TRUST 2007-1 Plaintiff (s) From .TAMES B. FULTON, III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (? i You are also directed to attach the property of the defendant(s) not levied upon in the possession ol~ GARNISHEE(S) as follows: and to notify the garnishee(s) that. (a) an attachment has been issued; (b) the garnishee(sj is enjoined from paying an.~~ debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or• otherwise disposing thereof; {3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: 552,390.23 L.L.: $.50 Interest OCTOBER 24, 2012 TO MARCH 6, 2013 IS $1,538.45 Atrr's Comm: % Due Prothy: 52.25 Atty Paid: 5255.50 Other Costs: Plaintiff Paid: Date: I 1 /6/12 ~ David D. Buell, Prothonotary ~~ ~-, Deputy fTt.i?UI:STING PAR"TY: Name: ChiRiSTOPHER A. DENARDO, ESQUIRE Address: SI-lAPIRO & DENARDO LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF ~feiephone: 610-278-6800 Supreme Court ID No, 78447 -? 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 546-7400 Kervir_es? for Professionals Inc. FAX: (215) 985.0169 The Bank of New York Mellon,et al mr-q National Association of Professional Process Servers PAilad&Wwa Association of Professional Process Servers COURT Court of Common Pleas of Pennsylvania -Vs- COU James B. Fulton, III CASE NUMBER 2011-06230 AFFIDAVIT OF SER - COMMONWEALTH OF PENNSYLVANIA: B&R Control # CS098264 - 1 COUNTY OF PHILADELPHIA: Reference Number 11-039765 SERVICE INFORMATION On 20 day of November, 2012 we received the c~; Notice of Sheriff Sale for service upon James B. Fulton III li , a t 56 West Main Street New Kingston, PA 17072 Z f " X? C-) 4i v i ** Special Instructions *** C.D h •? _-- CZ T. Served Date Time - ? r\) `f I- .Accepted By: In the manner d 'b escn ed below. Personally served. Adult family member. Relationship is L_ Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging - -- - - Agent or person in charge of office or usual place of business -- Other Description of Person Age - - Height Weight Race Sex Other - -- - Not Served Date Time Not Served Information F -] Moved] Unknown No Answer F- Vacant [ Other The Process Server, being duly sworn, deposes and says that the facts set forth herein are true and correct to the best of their knowledge, information and belief.' Process Server/,icriff i` _ _ Law Firm Phone (610) 78-6800 or Laura Connor, Legal Assistant Shapiro and DeNardo LLC 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 COMMONWEALTH 01? PENNSYLVANIA Sworn to and subscribed before me this NOTARIAL SEAL n Kathryn S. Fogle, Notary Public ^ 0+1? day of VLUY U1`L Lower Paxton Twp, Dauphin County My commission expires August 13, 2016 - - Notary Public ServeBy Date 12/10/2012 Filed Date Sale Date 3/6/2012 ORIGINAL 325VC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF LAND AND ALL IMPROVEMENTS THEREON FOR IMPROVEMENTS TO A PUBLIC ROAD SITUATE IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA i cf- t;r ?Z CIVIL DIVISION NO. 11-6328 CIVIL SETTLEMENT AGREEMENT EMINENT DOMAIN PROCEEDINGS IN REM FILED ON BEHALF OF: The Pennsylvania Turnpike Commission COUNSEL, OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 William P. Bresnahan, II, Esquire PA ID No. 85543 John F. Dwyer, Esquire PA ID No. 89649 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF LAND AND ALL IMPROVEMENTS THEREON FOR IMPROVEMENTS TO A PUBLIC ROAD SITUATE IN THE TOWNSHIP OF WEST PF.NNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. I1-6328 CIVIL THIS SETTLEMENT AGREEMENT Made this 19`h day of December, 2012, by and between Richard S. Deitch and wife by their attorney, Glenn R. Davis, Esquire, of the law firm of Latsha, Davis & McKenna, P.C., and the Pennsylvania Turnpike Commission, by its attorney, William P. Bresnahan, Esquire, of the law firm of Hollinshead, Mendelson, Bresnahan & Nixon, P.C., the following of which is a statement. Whereas. Richard S. Deitch of 2212 Newville Road, Carlisle, Pennsylvania, filed a Petition for Appointment of Viewers in the Court of Common Pleas of Cumberland County alleging a de facto taking of a portion of his property located in the Township of West Pennsboro, Cumberland County, Pennsylvania, at No. 11-6328 Civil; and Whereas, the Pennsylvania Turnpike Commission with its principal offices located at Exit 247 of the Pennsylvania Turnpike system located in Lower Swatara Township, Dauphin County, Pennsylvania, acknowledged that it had inadvertently effectuated a de facto taking in accordance with the Plan attached hereto and marked as Exhibit "A"; and Whereas, the parties have arrived at a monetary settlement of all claims in existence by Richard S. Deitch and wife against the Pennsylvania Turnpike Commission, whether in eminent domain, de facto taking or de 'Lure taking, or in negligence or any other type of claim. Now, therefore, it is agreed that: 1. The Pennsylvania Turnpike Commission will pay to Richard S. Deitch and wife the sum of $70,000.00, which sum will include all claims under the Pennsylvania Eminent Domain Code including general damages, special damages, delay compensation, severance damage, drainage problems, as well as all other possible claims such as negligence for the property taken in this action. 2. Richard S. :Deitch and wife will prepare and deliver a deed in lieu of condemnation for the property taken, which deed will confirm the conveyance of the property taken in the subject case to the Pennsylvania Turnpike Commission. 3. The Pennsylvania Turnpike Commission will pay to Richard S. Deitch and wife, or his attorney, Glenn R. Davis, Esquire, the sum of $20,000.00, representing the reasonable reimbursement of all appraisal, engineering and attorney fees and other costs and expenses actually incurred under Section 709 of the Pennsylvania Eminent Domain Code. 4. Both attorneys assert by the execution of this Settlement Agreement that they have been authorized by their respective clients to execute same on behalf of their respective clients. 11 Glenn R. Davis, Esquire Latsha, Davis & McKenna, P.C. Attorney for Richard S. Deitch and wife William P. Bresnahan, Esquire Hollinshead, Mendelson, Bresnahan & Nixon, P.C. Attorney for the Pennsylvania Turnpike Commission h J ? it 2 O N W N ? N LLn CLU F V yQ F =o °; Z 2" J O H t ? t W a z 0 %n v I _ J W 0 x ¢ u° ii 3 Q 1L l?{ ?Si I 111 ?Q y. ? ? J LL I I?\I I • \ ' ? O I O \ 1V J ? w ? Wx O O I 1 ti ? E ati if r ZN NM N -- N004,5_W "W t~n 027000 480.00' ?0 0 N ati d. N N N OO h i W t\ a 2 a_ d+ ?i1 r r. C ?1 ? N N n W? P P 1 N 'n N b by Ng a F, a + ?N Nn CT H mG ?? N 2?? h ?W IZ iaFa..l I I 1 t I 1W1?? f+? D I h --- i H i I ? 1 ?j W ? V V l 1 Q N, S ??a . oo•wi U e 5.100, 1 o$? O y 1 ??? ^I 05 40 O h 594, 75 •-- t y Q a t O N 1 Q ' O W m 4? ? y0 ® y 27 ahm bIL OONTK -oeo 0 NN H- uu c 0: d' ¢ rr H O cc N o Hzz ?- --NN K J :3 QcjVuQ tD KKCK M I- r rr o? 4 V Y P O? a+ 4 r 0 `V ~ Z ? l ?+?•54fZN A O w J a. ? o z LLI LLI '8 Y t N W 7 S g O fJ S C N m Q O g w Q @5 in r`? C MWn ;n y N 1?4p M N N M W p W d W N OI g O? N a Oi g J In 000 z No N N anC M Y z O z p r V va S 18 0 10 01 I i '?,+ so M N ? n 41 K J lA N Ica w 3 3 # 3 3 ? O p ° O UJM a 4 LL .4 fn N r O _ Glenn R. Davis, Esq. Attorney I. D. No. 31040 Latsha Davis & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Richard S. Deitch, Petitioner/ Condemnee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF LANDS AND . ALL IMPROVEMENTS THEREON FOR IMPROVEMENTS TO A PUBLIC ROAD SITUATE IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA No. 11-6328 CIVIL CIVIL ACTION - LAW EMINENT DOMAIN PROCEEDINGS IN REM P R A E C I P E TO SETTLE DISCONTINUE AND SATISFY TO THE PROTHONOTARY Please mark the above-captioned matter settled, discontinued and satisfied with prejudice. Respectfully submitted, Dated: LATSHA DAVIS & MCKENNA, P.C. By Glenn R. Davis Attorney I. D. No. 31040 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Petitioner/Condemnee, Richard S. Deitch 1961510 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Settle, Discontinue and Satisfy has been served via hand-delivery upon the following: William P. Bresnahan, Esq. Hollinshead Mendelson Bresnahan & Nixon, P.C. 2901 Grant Building Pittsburgh, PA 15219-2257 Dated: 1? l? l Glenn R. Davis 1961510 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039765 The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 PLAINTIFF VS. James B. Fulton, III DEFENDANT r ] COURT OF COMMON PLEAS = CIVIL DIVISION CUMBERLAND COUNTY NO:2011-06230 VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that she is a legal assistant for Plaintiff in the above case and that pursuant to the attached Court Order she has mailed a true and correct copy of the Notice of Sale in the above-captioned case to Defendant by certified and regular mail, to the last known address of said Defendant as follows: James B. Fulton, III, 56 West Main Street, New Kingstown, PA 17072; James Fulton, III, P.O. Box 381, New Kingstown, PA 17072 on January 23, 2013 as evidenced by the receipts of mailing attached hereto and made a part hereof. I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties set forth in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: Is SHAPIRO & DeNARDO, LLC 71 BY: Meghan Williams Legal Assistant 11-039765 SHAPIILO Jt DeNARDO, LLC BY: CHRISTOPHER A. DWARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON' DRIVE, SUITE 1,50 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S 8t D FILE NO. 11-039765 Mw Bank of Ne w Yodc Mellon, as Trustee COURT OF COMMON PLEAS for CIT Mortgage Loan Trust 2007-1 CIVIL DIVIS10N PLADfIW CUMBERLAND COUNTY VS. NO: 2011406230 James B. Fnitoa, III DEF NDANT AND NOW, this 44 day of 6&6ber , 2wwon considwadon of PlaiWrs Motion for Service Pnrsnant to Court Order, Affidavit of Good Faith Inv inn and Memorandmn of Law is support the wt and any response thereto, it is haft ORDERED AND DECREED that Plaintiff may serve *a Complaint and any other document or pleading requiring original process on Defendant, James B. Fula, III, by (1) sending true and coffect capies thereof by simultaneous certified and regular mail to the last known address located at 56 Went Main Str®et, Now Kingetoan, PA 17072 and P.O. Boat 381, New KbpWwn, PA 17072; and (2) posting a true and correctt copy thereof on the wed property located at 56 West Main Street, New Kingstown, PA 17072 by tha Sheriff or any competent adult. Sarvioe of the aforementioned mailings is eve Wm the date of mailing and is to be affeotuated by Plaintiff's attorney, who will file with the Prodwnotary's Office a C ortificste of Service as to such mailings BY THE COURT: ?l Atbe?- µ. ?l,(asla,?? J. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Shapiro and Kreisman, LLC 3600 Horizon Drive, Ste. 150 King Of Prussia, PA 19406 One piece of ordinary mail addressed to: James B. Fulton, III P.O. Box 381 New Kingstown, PA 17072 11-039765 LC U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Shapiro and Kreisman, LLC 3600 Horizon Drive, Ste. 150 King Of Prussia, PA 19406 One piece of ordinary mail addressed to: James B. Fulton, III 56 West Main Street New Kingstown, PA 17072 11-039765 LC QTICICCI [1flAlI G M (Domestic OnV: No Insurance Coverage Provided? IT m ?ostage $ `T Certified Fee ± Z ,'- Postmark ` C3 Return Receipt Fee !Jere. (Endorsement Required) I C3 Restricted Delivery Fee Q (Endorsement Required) CEI r- Total Postage & Fees $ v ent To //), -) CS /// , /r l C ` r-3 Street, Apf. o.; Iti or PO Box No. City State, ZIP+4 -V LO C M • e { ISM V) p r, LO o Lu (r) -z_ r J a Q z AR !!! y} ?, LU h- ( p M n C l `7 SO J rntir t'O CL v c? rJ :?Q Vii.; ..?.. r (Domestic Mail Only; No Insurance Coverage Provided) ..0 O For delivery information visit our website at www.Lisps.com t(33 831 M Postage $ r-? fL Certified Fee Z E:3 Return Receipt Fee Postmark C3 (Endorsement Required) Here Restricted Delivery Fee 0 (Endorsement Required) _ ro L s. It iz I'L.I Total Postage & Fees C3 Sent To 'Mtp C3 treet, Apt. No.; - °. - ................ Iti or PO Box No. rn? - -- City, State, ZIP+ / ? ?? :r PS Form vI Rr SHAPIRO & DeNARDO, LLC ,}� i , BY: CHRISTOPHER A. DENARDO, ESQUIRE c'! " ``` ' ' ' ' ATTORNEY I.D. NO: 78447 C`_;M`E-RL, 1iD COUNTY 3600 HORIZON DRIVE. SUITE 150 E " G YLVAINIA KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 11-039765 The Bank of New York Mellon, as Trustee COURT OF COMMON PLEAS for CIT Mortgage Loan Trust 2007-1 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY vs. NO: 2011-06230 James B. Fulton DEFENDANT(S) PETITION FOR SUPPLEMENTARY RELIEF IN AID OF EXECUTION PURSUANT TO Pa. R.C.P. 3118 TO CONFIRM SALE AND DIVEST INTEREST NUNC PRO TUNC AND NOW COMES Plaintiff, by and through its counsel, Shapiro &. DeNardo, LLC, and hereby petitions this Court to confirm the March 6, 2013 Sale of 56 West Main Street, New Kingstown, Pennsylvania, 17072 (the "Premises") and to divest the interest of Bonnie Fulton, nunc pro tunc, and in support thereof avers the following: 1. On May 23, 2006, James B. Fulton borrowed $60,000.00 and executed and delivered a mortgage upon the Premises to the lender, Home Funds Direct. This mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County at Book 1953, Page 84. 2. This mortgage was then assigned to Plaintiff, the Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1, by Assignment of Mortgage recorded August 22, 2011 at Document ID 201123229. 3. The mortgage went into default upon Defendant's failure to tender monthly payments due upon said mortgage on July 1, 2010 and each month thereafter, and as a result, Plaintiff commenced the within mortgage foreclosure action on August 8, 2011. A true and correct copy of the Complaint is attached hereto as Exhibit"A". 4. Defendant failed to respond to the Complaint and a Default Judgment in the amount of$54,682.32 was entered against the Defendant on November 6, 2012. 5. Unbeknownst to Plaintiff, Bonnie Fulton was granted title to the Premises on August 1, 2012. A true and correct copy of the Deed conveying the Premises is attached hereto as Exhibit`B". 6. Pursuant to a Writ of Execution filed on November 6, 2012, the Premises was listed for Sheriff's Sale. 7. Notice of the Sheriff s Sale was not sent to Bonnie Fulton. 8. The Premises was not offered at Sheriffs Sale until March 6, 2013 and the Plaintiff was the sole and successful bidder of the Premises for the costs of sale. 9. It not was discovered until after the Sheriffs Sale that Bonnie Fulton had an interest in the Premises. 10. Subsequent to the Sheriff Sale, title to the Premises was vested in the name of Plaintiff. Attached hereto, made part hereof, and marked as Exhibit "C" is a true and correct copy of the Sheriff s Deed. 11. Although no 3129.1 notice was sent to Bonnie Fulton, the Sheriff Sale of the Premises was advertised in a newspaper of general circulation and in a legal publication in compliance with Pennsylvania Rules of Civil Procedure, and the Premises was posted with a hand bill further providing constructive notice of the Sale. 12. It is believed, and therefore averred, that Bonnie Fulton received constructive notice of sale by virtue of the advertising and posting of the Premises, but was not interested in bidding at Sale. 13. Plaintiff, the owner of the Premises by virtue of its successful bid at Sheriff Sale, has attempted to market the Premises to try to retain some of its financial loss which forced it to foreclose on the Premises. 14. There were no bidders at the Sheriff Sale other than the Plaintiff, who entered the sole and successful bid for costs of its Foreclosure. 15. It is in the equitable interest of all parties that the March 6, 2013 Sheriff Sale of the Premises be confirmed, and that the interest held by Bonnie F. Fulton be divested, nunc pro tunc, in order to provide clear and marketable title to Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiff's Petition and confirm the March 6, 2013 Sheriff's Sale of 56 West Main Street, New Kingstown, PA 17072 and divest the interest of Bonnie F. Fulton, nunc pro tunc, in said property as though fully notified in accordance with the Pennsylvania Rules of Civil Procedure. Respectfully submitted, SHAPIRO & De ARDO, LLC BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff/Movant Attorney I.D. No. 78447 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Telephone: (610) 278-6800 Dated: Ail 11-039765 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DENARDO, ESQUIRE ATTORNEY I.D. NO: 78447 3600 HORIZON DRIVE. SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S &K FILE NO. 11-039765 The Bank of New York Mellon, as Trustee COURT OF COMMON PLEAS for CIT Mortgage Loan Trust 2007-1 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO: 2011-06230 James B. Fulton ; DEFENDANT(S) MEMORANDUM OF LAW Plaintiff, The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1, by and through its attorneys, Shapiro & DeNardo, LLC, successfully brought the within action in Mortgage Foreclosure against Defendant, James B. Fulton, and submit the instant Motion for Supplementary Relief in Aid of Execution on the Judgment pursuant to Pa. R.C.P. 3118 to Confirm Sale and Divest Interest,Nunc Pro Tunc, so that title to the premises is clear. I. FACTS AND PROCEDURAL BACKGROUND On May 23, 2006, James B. Fulton borrowed $60,000.00, and in the enforcement of said debt executed and delivered a mortgage upon the real property located at 56 West Main Street, New Kingstown, PA 17072 (the "Premises") to Home Funds Direct, which was recorded in the Office of the Recorder of Deeds of Cumberland County at Book 1953, Page 84. The mortgage subsequently assigned to Plaintiff. The mortgage went into default due to the failure to tender monthly payments due upon said mortgage on July 1, 2010 and each month thereafter, and as a result, Plaintiff commenced the within action in Mortgage Foreclosure. A Default Judgment was then entered on November 6, 2012 the amount of$54,682.32. Pursuant to a Writ of Execution issued November 6, 2012, the Premises was listed for Sheriff Sale and notice of Sheriff's Sale of Real Estate was sent to all lien holders of record as of the date of the Writ of Execution. The Premises were offered at Sheriff Sale on March 6, 2013 and the Plaintiff was the sole and successful bidder on the Premises. Subsequent to the Sheriff Sale, title to the Premises was vested in the name of Plaintiff. It was not until after the Sheriff's Sale that Plaintiff discovered that during the course of this mortgage foreclosure action that the Premises had been conveyed to Bonnie Fulton on August 1, 2012. II. LEGAL ARGUMENT Pennsylvania Rule of Civil Procedure 3118 is designed to give the court "broad discretion to provide relief in aid of execution." National Recovery Systems v. Pinto, 18 D. & C., 3d 684, 686 (Pa. Comp. Pl. 1981). Essentially, Rule 3118(a)(6) "permits the court which entered the judgment to offer supplemental relief in aid of execution after notice and a hearing." Monument Builders v. American Cemetery Ass'n, 1996 U.S. Dist. LEXIS 13473 (E.D. Pa. Aug. 19, 1996). Under Pennsylvania law, the predicates for, a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan. Inc., 619 A.2d 322, 326 (Pa. Super. 1993). In this case, there is no question that an underlying judgment was entered in favor of Plaintiff and against Defendant. Moreover, it is also clear the Premises was the property of Defendant and subject to attachment and execution. Therefore, the creditor is entitled to invoke Rule 3118 for its motion to aid in the execution of the property. Pennsylvania Rule of Civil Procedure 3129.1 requires notice of a sale to be sent to any person who has a recorded lien on that property as of the date the praecipe for the writ of execution was filed. The notice requirements of Pa. R.C.P. 3129.1, 3129.2, and 3129.3 were intended to protect rights of due process by insuring that persons with an interest in real estate would receive adequate notice. Meritor Mortgage Corp.-East v. Henderson, 617 A.2d 1323, 1325-1326 (Pa. Super. 1992). Notice must be reasonably calculated to inform interested parties of the pending action, and the information necessary to provide an opportunity to present objections. The form of notice required depends on what is reasonable considering the interests at stake and the burdens of providing notice. Noetzel v. Glasgow. Inc., 487 A.2d 1372, 1377 (Pa. Super. 1985) (citing Pennsylvania Coal Mining Assoc. v. Insurance Dept., 370 A.2d 685, 692-693 (Pa. 1977)). Furthermore, in Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), the Pennsylvania Commonwealth Court stated "rules shall be liberally constructed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." Additionally, it has been held that this court has plenary power to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Turner v. Hosteller, 359 Pa. Super. 167, 518 A.2d 833 (1986). Moreover, it is well settled Courts will lean to liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). In this case, no notice was sent to Bonnie F. Fulton because her interest was added during the foreclosure process. However, Notice of the Sheriff Sale of the Premises was advertised in a newspaper of general circulation and in the legal publication in compliance with the Pennsylvania Rules of Civil Procedure, and the Premises was posted with a handbill further providing constructive notice of the sale. As such, Bonnie Fulton received constructive notice of sale by virtue of the advertising and posting of the Premises. Additionally, there were no bidders at the Sheriff Sale other than the Plaintiff, who entered the sole and successful bid for costs of its Foreclosure. Accordingly, Plaintiff respectfully requests this Honorable Court enter on Order to confirm the March.6, 2013 Sheriff's Sale of the property located at 56 West Main Street, New Kingstown, PA 17072, and divest the interest of Bonnie F. Fulton, as though fully notified in accordance with the Pennsylvania Rules of Civil Procedure. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: Dated:� Christopher A. DeNardo, Esquire Attorney for Plaintiff/Movant VERIFICATION Christopher A. DeNardo, Esquire hereby states he is the Attorney for Plaintiff in this action, and the statements made in the foregoing Petition for Supplementary Relief in Aid of Execution Pursuant to Pa. R.C.P. 3118 to Confirm Sale and Divest Interest are true and correct to the best of his knowledge, information and belief. The undersigned understands the statements herein is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. BY: --- Christopher A. DeNardo, Esquire Attorney for Plaintiff/Movant Dated: 1 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DENARDO, ESQUIRE ATTORNEY I.D. NO: 78447 3600 HORIZON DRIVE. SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S &K FILE NO. 11-03 9765 The Bank of New York Mellon, as Trustee COURT OF COMMON PLEAS for CIT Mortgage Loan Trust 2007-1 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO: 2011-06230 James B. Fulton DEFENDANT(S) CERTIFICATE OF SERVICE The undersigned hereby certifies true and correct copies of the foregoing Petition for Supplementary Relief in Aid of Execution Pursuant to Pa. R.C.P. 3118 to Confirm Sale and Divest Interest, together with any other documentation specifically referenced in the transmittal letter, was sent by first class mail, postage pre-paid, on 3 (3 to the following parties as listed below: James B. Fulton 56 West Main Street New Kingstown, PA 17072 Bonnie F. Fulton 56 West Main Street New Kingstown, PA 17072 SHAPI=& ARDO, LLC BY: Christop er A. DeNardo, Esquire Attorney for Plaintiff/Movant Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: Docket No: Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff s Name: The Bank of New York Lead Defendant's Name: James B.Fulton,III C Mellon,as Trustee for CIT Mortgage Loan Trust 2007- T 1 Dollar Amount Amount Requested: within arbitration limits Are money damages requested?: El Yes ® No (Check one) ®outside arbitration limits O N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney:Christopher A.DeNardo,Esquire ❑ Check here.if you have no attorney(are a Self-Represented[Pro Se]Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not ❑ Employment Dispute: include mass tort) Discrimination E ❑ Slander/Libel/Defamation ❑ Employment Dispute:Other ❑ Zoning Board C ❑ Other: T El Other: I ❑ Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ .Landlord/Tenant Dispute ❑ Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 SHAPIRO&DeNTARDO,LLC BY: CHRISTOPHER A.DeNARDO,ESQUIRE,ATTORNEY LD.NO.78447 MICHAEL CLAM ESQ.,ATTORNEY I.D.NO. 202929 LESLIE RASE,ESQ.,ATTORNEY I.D.NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA,PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 11-039765 The Bank of New York Mellon,as Trustee COURT OF COtB40NT PLEAS for CIT Mortgage Loan Trust 2007-1 CIVIL DIVISION C Z, PLAINTIFF CUMBERLAND COUNTY 1 M70 VS. NO: cX) lames B.Fulton,111. 56 West Main Street New Kingstoikii,PA 17072 DEFENDANT COMPLAINT-CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU'HA'VE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLONVING PAGES,YOU MUST TAKE ACTION WITHIN TWENTY(20)DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED,BY ENTERING AWRITTEN 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 FURTIIER NOTICE FOR ANY MONEY CLAIMED UNTUE 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 LA'W'YER AT ONCE. IF YOU DO NOT HAVEALANNYEROR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LANVYE R,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION A13OUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. i NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE(20)DIAS DE PLAZO AL PARTIR DE LA FECRA DE LA DEMANDA.Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHTVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE,LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED,SIN PREVIO AVISO 0 NOTMCACION Y POR CUALQUIER QUEJA 0 ALMO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO 0 SUS PROPIEDADES 0 OTROSDERECHOS]IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 717-249-3166 SHAPIRO&DeNARDO,LLC BY: CHRISTOPHER A. DeNARDO,ESQUIRE,ATTORNEY I.D.NO.78447 MICHAEL CLARK,ESQ.,ATTORNEY I.D.NO. 202929 LESLIE RASE,ESQ.,ATTORNEY I.D.NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA,PA 19406 TELEPHONE: (610)278-6800 S&D FILE NO. 11-039765 The Bank of New York Mellon, as Trustee COURT OF COMMON PLEAS for CIT Mortgage Loan Trust 2007-1 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY i VS. NO: James B. Fulton,III 56 West Main Street New Kingstown,PA 17072 DEFENDANT 1 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007- 1,the address of which is,c/o Vericrest Financial Inc., 715 S. Metropolitan Ave., Oklahoma City, Oklahoma 73108,brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Home Funds Direct Mortgagor(s): James B. Fulton,III (b) Date of Mortgage: May 23,2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1953, Page 84 Date: June 1,2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.F.No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit"A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Home Funds Direct Assignee: The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 The Assignment is in the process of being formalized. 2. Plaintiff is,therefore, either the original Mortgagee named in the Mortgage,the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by operation of law. 3. The real property which is subject to the Mortgage is generally known as 56 West Main Street,New Kingstown, PA 17072 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage(the "Note"). A true and correct copy of the Note is attached and marked as Exhibit 'B". 5. The name and mailing address of the Defendant is: James Fulton, III, P.O. Box 381,New Kingstown, PA 17072 6. The interest of each individual Defendant is as Mortgagor,Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of July 1,2010 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of June 10,2011: Principal Balance Due $41,343.88 Interest Currently Due and Owing at 7.999% $3,389.76 From June 1, 2010 through June 10, 2011 Late Charges $784.65 Escrow Advances $2,349.61 Appraisal Fees $288.00 Property Inspection $32.25 Suspense/Unapplied Balance ($1,076.80) TOTAL $47,111.35 9. Interest accrues at a per diem rate of$9.19 each day after June 10,2011,that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice pursuant to the Homeowners'Emergency Mortgage Assistance Act of 1983,35 P.S. § 1680.402c,et seq.,was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "C" in accordance with Pa.R.C.P. 1019(i). 12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s)contains the information required by the act of March 14, 1978(P.L. 11,No. 6),41 P.S. § 403 et seq.,and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant,in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: ' BY: Attorneys for Plaintiff S &D File No. 11-039765 Y j loci r s GE JUN 1 PPl 3 30 t I f i Prepared By, Now Funds WOO 13000 Avenue of Sdonoo %9165"A06.011 A$71 9 yf� ! i S Return Tor Rome Funds Dimot Aft Post Cinsin0 Dept 16650 WestBarnardo Dr.DW9 I i San Mtge,CA$2127.1870 SS i Parcel Number: 39-15-1621-012 I i Premisfes: 56 W MAIN ST N> KWGjTOWlT, 8A 17072 j i$paw Above This LisC For Rteordiat Distal MORTGAGE _..A,V., IITI;O;,!iS.......__.__.............. . . MIN' Words Pawl in rnultipla soctions of this document are defined below W other words are de rmd in " f Seetions 3, 11, 13, 18, 20 and 21, Certain rule9 Murding the usage of words mod in dtis dooament are- also provided in Section 16. E (A)"security Ynstrument"mesas Chia daoomettt,which is dated my 23, 2006 together with sll Hiders to this doounnant. - r (S)'Borrower"19 JPM8 a. F'OMTOV IJX AN rNDIVXDVAL i i {l I Borrower is the mortgagor under this Security ImArutnent (c '%MR5"is Mortgage Bigatronic Registration Systems, Ina. MIBRS is a separate cnsporation deat is acting solely as a nominee for Lender and Lendee 9 slt msors and assigns. WISAS is the mortgagee under ttnis Somity instrument. MFRS is organized and oxisting under tho laws of D tlaware, and has sn address and wlpphonls number of P.O.Box 2426,Flint MI 48501-202,6,eel. (888)679-MEICS PENNSYLVANIA-Singia Famity-Fanned MaelFmddle Moo UNIFORM INSTRUMENT WITH MERE i .SAtPA1{osop Form 9030 1191 I Pn e 1 dt 5e tA91atK «- Vi.1P Md60j00 BoW%S-.Ink,{000021•YrAt . I 2 ��.{�s E A y.�{1y� {�y�AM F� 1 WR F ./5 M F�O V 8`i - 1 i I art 1 ;3 J.J f-u U V-U 4 i r 1 l (D)'Under"is Home Fonds Direct Lender is a eoxpnnat;Lon { orpWwd and existing under the laws of Chia state of W:Lfosmia ! Leader's address is 45090 Avenue af9clonee Satz Diego,CA 92928 (L)'TiotLJI means the promissory note stgned by 8wrower and dated May 23, 2806 } The Note statea that Borrower owes Lender sixty thousand and 001180 Dollars (U.S.$60,000,00 )plus Worest.Borrower has promised to pay this debt ir!regular Perlodio Payments and to pay the debt in full not later then Juaia 11 2016 l ('P}'Y'mperty"mtan3 the property that is described below under the heading "Transfer of Rights in the Prol,cIrty.n ' (Q) "Goan"means The debt evidenced by the Note, plus lntomat,any prepayment charges and late charges duo under the'Note,and all surna duo under ibis Security InOnundut,Pius interest, (14) "Riders"means all Riders to this Security instrumnsnt that arc executed by Borrower. The following i Riders are to be executed by Borrower[cheek box as applicable]: t t Adjustable hate Rider Condominium Rider Second Florae Rider Hxiloot:Rider �lyiaunod Unit Development Rider l.4 Family Rider (� VA Rider Biweekly payment Rider t7ther(s)[spe0y3 {n "Applieabti LaW" means ai! controlling aappplicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(d:at.have the eft of of law)as wen as all applicable ilrral, non-appealable judic!a!opinions. (J)"Community Association Dual, Foes, and Assessments"means all dues, Fees, assessmenU and other ,bar a that are imposed on liorrawer or the Property by a condominiurn asmciatlon, homeowners l annctatlon or similar organization, (K) "WAsetronle Rands Transfr" means any transfer of fwuis, other than a transaction orlgirrntsd by cheek; draft, or similar paper instrnrnent, which is initiated througb an electronic terminal, telephonic to ument,,computer,or magnetic tape so as to order,,instruct, or muthotize a financial institution to debit orcredil"iiin•aoaount. 946h term includes. but is tint llmitad to, point tsale transfers, autonmW teller ; machine transactions, transfers Initiated by telephone, wire transfers, and attmmawd ckaringhouse ; transfers_ (L)119scrow Ctetas"means those items that are described In Section 3. (M)"Mtseellaneoua Proonds"means any compattsation,sentement, umwd of damages,or proceed3 paid by any third perry(other than insurance proceeds paid under the coverages described In Section S)for (1) F dunnage to, or destruction of, the Property, (A) oondomation or other taking of all or say part of the F Property;(iii)oonvayanoo in lice of aondemnatlon; or(tv)misropresentations of, or omissions as to, the } value andfor condition of ft Property. (N)"Mortgage laawance"means insurance protecting Lender sgainst the rmnpayment of, or defth on, tt>e Low°. n al and interest under the 1 (0) Periodic Payment.,means the rquiarly scheduled amount due for(,')p'❑ cip Note,plus(it)any amounts under Section 3 of this Security tnsttuntent, t Inn�ar.-1�CbE•- � ! 8A(FAt(asoe� Fogs s a to form 3030 1101 l f 's � 1953PGOO85 - I J.iVIUV V V�+ _ (I+)YvRn?A"means the Real Estate Settlement Procedures Act(12 U.S.C. section 2601 at seq.)and its tmplawmttng re ration, ltesulafion X C,F,R. part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that soyerns the same suhjeot matter, As used _ in this Security Ins tumt,"kESPA"refers to all regnirermam and ro mtetions that are imposed in regard to a"federally related mortgage loan" evert if the Loan does not qualify as a"federalty related mortgage loan"herder RESPA. fQ� 'Ilm ssor in Interest of Soreow�er"means any party that has taken title to the Property, whether or nl drat party has aswr led Borrower's obligations under the Note wWor this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Wurity Ir em secures to Lender;(i)the repayment of the Loan,and all renewals,extenalons and modifications of the Note; and(11)the performanoa of Borrower's eovmtants end agreetnems under this Security Instrument and the Note, for this purpose,Borrower dogs hereby mortgags,grant and convey to MM (solely as nominee for Lander and Lender's successors and assigns) and to the successors and assigns of MERE,the following described property located in the County (Type of R.cmai"g h dadfaion) Of MODERTAM (llama of tiasording Jurud coon): see Lega]. V"Origt5.arr Addendum Page ALtaLc ted i • 1 i i f I t which crtrrerttly has the address of 56 W tY AXN fit' [sRCer) RM laNGSToW (City), Pctrnsylvania 17072 (Zip Codc) ("Property Address")! TOGETHER NTH all the improvements now or hereafter erected on rht property, and all easements urtemm s, grid fixtures now or heroatbr a part of the property. All replacements and additions aha11 also be covered by this Security Instrument. All of the€tsregoing Is referred to in this Security ljv&utWg ss the"Property." Borrower understands and agrees that holds only resat title to the mtnrests granted by Borrower in this Security Instrument, but, if necessary to emrily with law or "torn,MBR9(as nominee far Lemdor and Lender's successors and assts)has the Tight:to exercise MY or all of those InImsts. includluip but not limited to,tbse right to foreclose and sell the Property, and to 9 take any aeon requimd of Lender includIng, but not limited to, releasins and 04ac+9iftg this Security Tnsmtmeut. � dft4A(PA)(oeoa) sae 9 0414 FOM Se10 1 ld i l t 1 Bit V953PGO086 t j t t. 1 r s BORROWER COVENANTS that Borrower is lawfully soised of the estate hereby conveyed and has � the right to mortgage, grant'and convey the Property and that the Property is unencumbered, exoept for ! encumbrances of record. Borrower warrants and will detand gesnarally the title to the Property against all claims and demands,subject to any encum6rawAs of record. , k THIS SECURITY INSTRUMENT combirm muform oavoaanu for national use and nor-uttiforsn covenants with limited variations by jurisdlctiou to constitute a uniform security instrument oovor'srtg real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payratut of Princdpai, Intern*#, Escrow Items, Prepayment Qrarges, And Late Charges. Borrower shall pay when duo the principal of, and interest on, the debt evidenced by the Note 04 any prepayment Charges and late.charges dt%under the Now. Borrowor shall rdso pay funds for F?scrow Hems purmumt to Section 3, Payments due under the Now and this Security instrcancnt shall be monde in U.S. cuuremy.However,if any check or other instrument received by Lender as payment under the Nate or this Security hisvu nent is returned to Lender unpaid,Lender may roquira than any or all aubsoquunt payments ) duo under the Note and this Security Instrument be made in one or more of the following forms, as selected icy Lender, (a) cash, (b) money order: (c) cerdfled chock, bank check, treesurer's check or # cashier's oheck, provided any such ahwk is drawn upon an institution whose deposits aro Insured by a fodmil agency,Instromontality,or oot€ty:or(d)Electronio Funds Trands t. Payments are demied received by Leader%tm received at the location designated in the Note or at such outer tocraation as my be designated by Lender in accordance with the notice provisions In Section 15. Lender nay reareu any payment or partial paymaut If the payment or partial payments are insufficient to bring thv Loan curr+ottt. Lander may accept any payment or partial payutcttt lnauf lent to bring the moan current,vAtlrout waiver of any rights hereunder or projudice to Its rights to refuse stilt payment or partial payyments In the fatttne, hurt Leander is not obliglotssd to apply such payments at the Limo such payments are 1 accepted, If each Periodic lr'aym a is applied as of its scheduled duo derv, then Lender need not gay interest on unapplied funds.Lender may hold such unapplied Nnds until Borrower makes payment to bring the Loan current. IfBorrovw does not do so within a reasonable period of time,Lender shall either apply such frauds or s`eturn them to Borrower, If not applied earlier,such feuds will be applied to the outstanding � princ€pal balanos under the Note Immediately prior to foretolosure. No offset or claim which Borrower might have now or in the fsstum against Lander shall relieve Borroww from inaldng payments due under the Note and this Soctaity,Instturnont or poform€ng the covenants and agreements secured by this Security Ittstrutnextt, E 2. Application of Payments or Proceeds. Except as othorwise dossuibed in this Section 2, all payments aoeoptod and applied by Lender shall be applied in the following order of priority:(a) interest due under the Note, (b)principal duo under the Note,(e)amounts due under Section 3. Such payments shall be applied to each Periodic Payment In the order in which it became dus. Any remaining amounts shall be applied first to late ohorgea,second to any outer arnounts due under th€s Security instrument,and Om to reduce ihss principal balance of the Note. If Lender raceivas a payment from Borrower for a delinquent Periodic Payrneru which includes a sufficistnt amount to pay any late charge due, the payment truly be applied to the delinquent pwymw and the late chargo.if more than me Periodic:Payment is outstanding.Lander may apply any paymem received from Borrower to the repaymem of the Periodic Payments if acrd to rite etetsmt that, eaoh payment snt�sa:: db.OAJPA) papa#ofIt Formaoas 1101 8K.1953PG008 } i tRt i y3.srteUu00 i eon be paid in fall.To the extent that arty 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 _ prepayrnems shall ba applied first to any prepayment rdwpw and then as described In the Note. Any application of payments, Insurance proceeds, or Mi=11ane0110 Proceeds to princ'gtai due under the Norte shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payrnerits are due under the Note,until the Note is paid in full, is tum(the"Funds")to provide for payment of amounts duo for:(a)taxes and assessments and other items which can attain priority aver this Security Instrument as a lion or encumbrance on the Property;(b)leasehold payments or ground rerft on the property, if any, (o) pramiums for any and all insurance required by Lender under Section 3; and (d) Mortgage Insurance pramiums, If wry, or any awns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section le. These items am called 'Bserow Items," At origination or at any tiara during the term of the Loan, Lender may require that Community Association Duaa, Fees, and Assessments, if any, be escrowed by Borrower, and suoh dabs, foes and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow iv3tns 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 Feeds for any or all Escrow Its at any time.Any nth waiver may only be in writing.In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due for any Escrow ltemms for which payment of Funds has been waived by Lender and,if Lender requires, shall fnrnielt,to LenUr receipts W_ide g.:ett44 ,It 1gIkS li"s!a?lm erlod es Gender may rar{uire, �.: ... Borrower's obligation to make such payments and to provide receipts shall for ail 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 $orrower fblls to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Srodon 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or W1 Escrow Items at any time by a notice given in - accordance with Section 15 and, upon such revocation, Borrower shell pay to Lender all Funds, and in snwh arnounts,that are them required under this Section 3. Leader may,at arty time,collect and hold Funds in an amount(a)suificiant to permit Lender to apply tp*-V,unds qt the time specified under PX$PA, and(b)not to exceed the rm drala n amount a lender can require undaf RE SPA. Lender-OWT eeui W the amount of'"l? s 8iib'rin tk basis of-current dltth''atTtl''`` reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Ponds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity('including Lender, if Lender is an institution whose deposits are so insured)or In any Fedaral Home Loan Bank,Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account,or verifying die Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law parmits Lender to make such a charge.'Uttlesa an agreement is made in writing or Applicable Law ragWres interest to be paid on the Fronds, Lander shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender can agrx in writing, however, that interest (R-SAIPA1 MOP Pepe 6 of 16 Form 3039 1101 ( 1953PG00$8 -- $ i 9bJYbUUtjtI. } i i shalt be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA, If there is a surplus of Funds hold in escrow, as defined under RESPA, Lender shall account to - Borrower for the excess funds in accordance with RESPA, if them is a shortagv of Funds hold in emrow, as defined under RBSP.A,Lender shall notify Borrower as required by RESPA,and Borrower stall pay to # Lender the arnount mcedsary to snake up the shortage in accordance with RESPA, bit In no more than 12 monthly payments, if there is a deficiency of Funds held In escrow,as defined under RESPA,Lander shall notify Borrower as requkad by RBSPA, and Borrower shall pay to Lender the amotmt necessary to make up the deficiency in accordance with RESPA,but In no more than 12 mmlhiy payments. Upon payment in full of all sums secured by this Security lnstruntent„ Lender shall promptly refund to Borrower say Funds hold by Lander. q, Charges-, Liens, Borrower shall pay all texas, assessments, charges, fines, and Impositions attributable to the property which cart attain priority over this Saaurlty Instrument,kraschold payments or ground rents on iho Property,if any,and t'nonununity Association 3'laea,Fees,and Assessments,if any,To 4 the extent that these items are Escrow Items„Borrower shall pay them in the manner provided In Section 9, i Borrower shall promptly discharge mty lien which has priority over this Security Instrtaacnt unless Borrower:(g)agrees in wrWdg to the payment of the obligatlon secured by the lien in a manner acceptable to Lartdar, but only so long as BBorrowet is performing such agreement;(b)con usts the lion in good faith by,or ctafends against enforoerttenxt of the lion In, legal proceedings which in l andar's opinion operate to prevent the anforcoment of the Ran while those proceedings Sra pending, but only unttT such proceedings are coit'c W14—or(e)saowag fcontt the hoIder of the lien an Wownent satisfliotory to Lender subordinating ; the Ilan to this Security Instrument. If Lander determines that any hart of the Property is subject to a lien which can snafu priority over this Security Instrument, Lander may give Borrower a notice idaniifyiag the lien.Within 10 days of the daft on which that notice is given,Borrower aWl satisfy the lien or take one or more of the actions set forth above in this Section 4. Gondar may require Borrower to pay a ona�thne charge for a real estate tax vaitioation and/or � reporting service used by Lender in connection with this Loan. _ t 8, Property fasnraaae.Borrower shall keep the improvermnts now exdsttng or hereaftat erected on tits Property insured against loss by fire, haauds included within the term"wamdad coverage,"and any other hazards including, but not limited to, earthquakes and floods, for whloh Lendor requires insttranee. This insurance Shan be maintidattl in the amounts{including deductible levels) and for the periods that Lmeder requires. What Lender requires pursuant to the preceding savmces can dwp daring the term of the Loan, The insurance carrier providing the insurance shalt be chosen by Borrower subject to Lender's right to dlsappcove Borrower's choice, which right shall not be exercised onressonably. Lender may � require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services;or(b)a ono-thee charge for flood zone determination and certification sarvicrs turd subsvqucnt charges each time renrappings or sintliar changes occur which reasonably might affbct such determination or certification. Borrower shad also be responsible for the ; payment of any fees lmposed by the Federal Emergency Managcntent Agency in connection with the i review of any flood zone determiradon resulting from an ob,)ection by Borrower. ? 4Ut-*A(PAj t4548t rWt.f 1s Farm 3012 Vol i { BK 1953PG0089. _ �iruu'u 7v i r I ' I 1 If Borrower falls to maintain any of the coverages&deserihad above, Lander may obtain insurance coverage, at L,eadees option and Barrows expense. Louder is under no obligation to pwohase any particular type or amount of oaverege: Therefore, such overage snail cover Lender, but aright or might G not protect Borrower,Borrower's equity in the PropertA or the cmtttents of the i'mpertty,against any risk, hard or liability and might provide greater or lesser coverage than was previously it offect. Borrower acknowledges that this cost of the insurance oovesgt so obtained might sipifrnantly exceed the cost of inerrant that Borrower could hot obtained. Any amounts disbursed by Lander under this 3eotfon 5 shalt become additional debt of Borrower secured by this Smutty Wtrument.Thane amounts shall bear interest a the Plots rrato from the data of dfsbumement and shalt be payable, with such interest,-upon notice from lender to Borrower requesting payment. All insurance policies required by Londtr and renewals of such policies shall be subject to Lender`s f right to disapprove such policies, shall include a standard mortgage clause, and !did narne Loader as mortgagee"or as an additional loss payee. Loader shall have the right to hold the policies and renmal cer'tiflcafes. if Lender requires, Borrower shall promptly give to Leander all receipts of paid premiums and renewal notices. If Borrower obtains any forth of insurance coverage, not otherwise required by bender, for darn►qc to, or destruction oft the Property, such policy shall include a standard mortgage olause and shall naamc Lender as mo pe andlor as an additional loss payee. In tho event of ksa� Borrower shall give prompt notice to the insurance carrier and Lender. Leader { tray make proof of loss if not trade promptly by Borrower. Unless Lender and Borrower otherwise agree In writing,any Inawuanos proceeds, whether or not the underlying insurance was required by lender,shall i be appliesd to rwt6tWon or repair of tiro Property,if the restoration or repair Is economically Eeesibld acrd l Lander`s security is not loron ed. During such repair mid restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to onaure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken i promptly. Lender my disburse proceeds for the repairs and restoration in a single payment or in a soriw of progress payments as the wont in completed. Unless an agreement is made in writing or Applicable Law j requires interest to be paid on such insurance proceeds.Lender shall not be required to guy Harrower any interest or earnings on such proceeds. Peon for public adjusters, or other third parties, rotaloed by Borrow shall not be paid out of the hwaarm prowods and shall be the sole obligation of Borrower. if the restoration or repair is not economically fessibie or Lender`s security would be ltsserred,the Insurance proceeds shall be arppliad to the sutras secured by this Smarity instrument,whether or not then due, with i the excess, If any,paid to Borrower. Such Insurance proceeds shall be applied in the ordax provided for in 1 Section 2, i If Borrower abandons the Property, Lander may file, negotiate and settle any available insurancs � claim and related tnotters, if Borrower does not respond within 30 days to a notice From Leader that the insurance currier has offered to settles a claim,then Lender may negotiate and settle the olmim, The 30-day ` period will begin when the notice is given. In wittier event, or if Lender acquires the Property under � Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance 1 proceeds in an amount not to exceed the amounts unpaid under the Note or this Security lnstrumemt, and (b) any other of Borrower's rights(other than the right to any refund of unearned premiums paid by Harrower) under all insurance policies covering the Property, insofar as such rights are applicable to the j coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under tho Note or this Security Inornme»t,whether or not then due. Q �bAtPAliasoey Pogo,70$14 Form 9035 teat i 3 i �y BK 1953PGO.090 { OWMEMN t r,• • •'V vt .sv%o 1 t — II f r 1�1 1 i i 6, t?ocopancy. BorrOwer shall occupy, establ104 trod use. the Property as Borrower's principal t residence within 60 days after the execution of this Swurity instrument and shall continue to occupy the _ Property as Borrowe'8 principal residence for at toast 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 whicb are beyond Borrower's control. 7. preservation, ]r watenaneo and Proteetion 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 t order to prevent the Property from detoriorsting or decreasing in value due to Its condition. Unless it is t determined pursuant to Section 5 that repair or teatoration is not economically feasible, Borrower Shall r promptly repair the Property if datttaged to avoid further deterioration or damage. If Insurance or condemnation proceeds are paid in connection with damage to, or the tal'dng of, the Property, Borrower shall be responsible fbr repairing or restoring the Property only if Lender has rolcased proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of t progress paymcmts as the work is completed, If the insurance or condemnation proceeds are not sufficient } to repair or restore the Property,Borrower Is not relieved of Bmrmver's obligation for the completion of such repair or restoration. Lender or its agent nay make reasonable entries upon and inspections of the Property. if it has reasonable caum bender may inspect the interior of the improvanents ou the Property. Lender shall give Borrower notice at the timo of or prior to such an interior inspection specifying such remonabie cease. 8. Borrower's Loan Application. Borrower shall be in defhult if, during the Loan applioation k proms, Borrower or any persons or entities acting at the diraction of Borrower or with Borrower's knowledge or consent gave materially false,misleading, or inaccurate information or statements to Lander (or failed to provide Lender with material information) In connection with the Loan. Material representations include, but are not iitnhed to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest to the Property and Rights Under this Sexurity Instrument.if - (a)Borrower falls to pOrfomu the covenants and agreements contained in this Security lnstrument,(b)there is it legal proocedirrg that might significantly affect Lender'a intortat in the Property and/or rights under this Security Instrument(such as a proceeding In bankruptcy,probate,for condemnation or forfeiture, for enforcwnent of a lien which may attain priority over this Security Insrumam or to enforce taws or regulations}, or(c)Borrower has ab=doned the Property, then Lender Furey do and pay for whatever Is reasonable or appropriate to protect Lender's interest in the Property and rights uudar this Security instrument. including protwUhi;and/or assessing the value of the Propsrty, and securing and/or repairing the Property. Lender's actions can include, but am nett limited to: (a)paying any saris secured by a Gen i which has priority over this Security Instrumcm; (b) appearing in crown; and (o) paying reasonable attcuneys' fees to protect its interact in the Property and/or rights under this Security Instr rn m, including i its secured position in it bankruptcy proceeding. S60urhng the Property Includes, but is not limited to, entering the Property to makes repairs, change lacks,replace or board up doors and windows. draln water from pipes, eliminate building or other code violedow or dangerous 000ditioruo, and have utilities turned on or ofE Although Lender nW take action under this section 9,Lender does not have to do so and is not under any dvty 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. { • vunYr,�t� � t dft4A(PA)(06091 a or If Funh 3030 1101 UK 1953PGO09 I _ b1N t JVWILV V .0C. }i • ' 3 { i f i A8y amounts disbursed by Lender under this Section 9 shall•become additional debt of Borrower ` sewed by this Security lnstrurrmot. These amounts shall bear interest at tiro Note We gam the date of disbursetnant and shall be parable, with such Interest, upon notice from Lander to Borrower requesting _ { { paymit this Security Instrument is on a Iassehold, Borrower shall comply with ail the provisions of the ! lease. If Borrower acquires foe title to the Property,the leasehold and tho foe title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Iasurence.If Gander required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premium required to malhtaln the Mortgage Insurance in affect,it for any lesson, the Mortgage Insuranco coverage required by Lender oeasas to be available#torn the mortgage Ittawet that previously provided such bnsuranee and llorrowor was required to make separately designated payments toward the pramiu= for Mortgage Insurance, Boiyb*ar shall pay the premiums required to obtain ooverap substandially equivalent to then Motigtlie Imsureztoe previously in efI'oct; ut a oust substantially eapiiwOItnt to the cost to Borrower of the Morlgaga buttrance previously in enact, from an sittmAta mortgage Insurer selected by Lender. if substantially equivalent Mortgage Insurance coverage is cot "fable, Borrowed shall continue to pay to Lender the amount of the separately dosignated payments that were duo when the insurmoe oovet'age owned m be In effect. Lender will accept, use and retain these payments as a non-refundable loss resatve in lieu of Mortgage Insurancee. Suah loss reserve shall be non-r$ftmdabie, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any Interest or earnings on such lass reserve.Lender can no longer require loss reserve payments if Mortgage insurance coverage(in the amount and for the period that Lender requires) provided by an Insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage ltwzanoe.If Lender required Mortgage Insurance as a condition of making the Loan aril.'Borrower was required to make separately designated Rulmnot toward the premiums fix Mottgagn Insurance, Borrower sh all pay the premium t required to Mortgage Inawarute in ef}ee� or to provide a non rafundabla loss reserve, until Landow ettt far Mortgage Irrstnantxi reeds in aeeordance with any written agetrr ertt bemaen Borrower and tovlciing for such terrminsKion o:until termination is required by A tplicabie Law.Nothing in this O afleofs&xtrowat s obligation to pay Interest at the rata provided to the Note. tgega Insurance reimburses Lender(vr any entity that purchases ?die Note)for cartain losses r if Borrower does rut repay the Loan as agreed Borrower to not a party to the Mortgage . Mortgage Insurers evaluate their total risk on all such lnsurenrx in force from time to time, and may r enter into agreements with other parties that share or modify their rises;or reduce losses,'these agreements i are on tarns and conditions that are aatIeWory to the mortgage lsurer and the other party(or parties)to these agreements.These agreements may require the mo ggaagge insurer to make payments using any source t of funds that the mortgage insurer trey have available(which may include fluids obtained from Mortgage Iusuram premiums), As a result of dmo agreements, Lander,any purchaser of the Note, another losuror, any reinsttrar, i any other entity, or our affifiata of any of the foregoing,may receive(directly or indirectly)amounts that t derive tlrom(or tnight be eharaeteri:wd as)a portion of Borrower's payments for Mortgage Inswanco, in `{ exchange for sharing or modifying the mortgage imurees risks, or reducing losses. If such agreement provides that an afl{liata of Leader takes a share of the inswe s; risk In mrch o for a share of the premiums paid to the insurer,the arrangement is often termed"o�ittive reiasumnoe.a Further: (a) Any such agreaments wilt net affect the amounts that Borrower has agreed to pay for Mortgage bourance,or any other terms of the Loan.Such agreements will not likerease the amount ! Borrower wlil owe for Mortgage lnsuraum and they wOl not entitle Barrbwer to any refund, i F IniM�4;� f t -aJ4(PA}tense} flog Vat to Furwtt 3eS4 1104 OK I953PGO092' tlt1 1 :7 J J t tr V V ,�sl (b) Any such agreements will not affect tke rights Borrower has- if any -with respect to the Mortgage Insurance under the Homeownen Protection Act of I"S or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgpge Insurance, to have the Mortgage Insurance terminated Automatically, and/or to receive a refund of any Mortgage Insurance premiums that were anearnod at the titre of such cancellation or toruditation, 11, Mesigoment of Miscellaneous Proceeds; Forfeltum Ali tviisoellarmus Pr000edc are hereby assigned to and shall be paid to Lender, it the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically tbasible and Lender's security 1s not lessened. Darin 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 ens=the work has been completed to Leader's satisfaction, provided thst such inspoction shall be undertaken promptly. lender duy Pay for the repWra and motorsdion In a sir ale disbursement or In a series of progress pgrnew as the work is completed. Unless an agree nent is made in writing or Applicable Law requires interest to bo paid on such Miscellaneous Pmexods, Lander shall not be requited to pay Borrower any Interest or earnitugs on such Mseeilanwos Proceeds. If the tostoration or repair Is not economically feasible or Lender's security would be lessened, the Iviisoeilaneous Proceeds shall be applied to the sums sworod by this Security Instrument, whether or not then due, with the excess, if any,paid to Borrower, Such Miscellaneous Proceeds shall ba applied in the order provided fbr to Section 2, In the event of a total taking, destruction, or loss in value of the Property, the Nflacellaneous Procoods cruel!be applied to the sums secured by this Security Inmument, whether or not them due, with the excess,If any,paid to Borrower. in the event of a partial taking,destruction,or loss in value of the Property in which the fkir market value of the Property immediately before Uia partial taking, destruction, or loss in value Is equal to or greubv than the amount of the rums accured by this Security Imtcumm immastely before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums soetuod by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total Amount of the sums secured immediately before the partiai taking, destruction, or loss in value divided by (b) the fair market value of the Property tnumediamly before the partial taking,destnuotiom,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property in which the fair market value of tho Property Immediately before the partial taking, destruction, or Iola in value is lass than the amount of the sums secured immedlately before the partial taking, destructIM or lass in value, uniess Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall bd applied to the sums secured by this Security Instrument whether or not the sums arc then due. f If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the oppodng Party(as deftexl in the next senfenco)offers to make an award to settle a claim for datmages, Hormwor fails to respond to Lender within 30 days alter the date the notice is given,Lender is authorized to collect atud apppiy the Miscellaneous Proceeds either to ronaration or repair of the Property or to the i suns secured by this Security histrumeflt whether or not then due. "Opposing Party"means the third parry ; that owes Borrower Miscellaneous Prooeads or the party against whom Borrower 1W a right of action in I regard to Misodlant=Proceeds. Borrower shat!be in de>fbult if any action or proccoditag, whether civil or orimittnl, is begun that, In Lenders judgment, could result in forfeiture of the property or other tuaterial Impairrnen3 of LemdeYs interest in the Property or rigghts under this Security Instrument. Borrower can cure such a dathult and, if acceleration has occurred, roinstate a$ provided in geation 19, by causing the action or proceeding to be millac_� I eBA{PA)tosoau r101 10 of is Fonn 5839 1181 1 • a fit 1953PGO093 : , _ DR t JJJ•itItJU3`* _ j disadssed with a ruling that,in Gender's judgment, p reoludcs forfeiture of the Property or other materiel ilrlpgltltretrt of Leader's mter�t In die 1?roperry of rigfite under tluis Security Instrument. The proceeds of any award err e:iaim ftir damages that arc attributable to the Impaittnant of Lende a s;Interest In the Property arts kereby aasE�acrd sha11 be paid to Lender. All Mitcolteneotts progeeda that ere rat applied so restoration or repair of the Property shall be applied in the order provided for in Section 2. 13. )borrower Kot Roleasexl; Fosl>zasance By Gender 1�Tot a Waiver. P.xtmion of the there for payrrtettt or modlfieation of eumortizt►tion of the sums sacutred by this Security Insmunent granted by Lador to Borrawcr or any Successor in interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not bt requited to cotnrnence proceedb)gs against any Successor in interest of Borrower or to refute to Wdend time for payment or otherwise modify amortization of tho stuns secured by this Security instrument by reason of any demand made by the original Borrower or any Stwcoesms in Interest of Borrower,Any forbearance by Lender In exxtrowng any riot or rtanedy including, without limitation, 4andoes acceptance of payment from third persons, entities or Successors in interest of Borrower or In amounts less than the amount then due,shall not be.a waiver of or praolude the exercise of any right or remedy. 13. ,taint and Several LiabIlity; Co-signers; Successors and Assigns Bound, Borrower covenants and agrees that Borrower's obligations and liability shall bo joint and several.however,any Borrower who co-signs tttis seoarity Instrtu wa but does not esxwuu the Note (a 'co-aignas"} (a) is co-signing tws Security instrument only tomxrgag e, gram and convey the uxrsigntir's interest in the IIropesrty under the terms of this Security lnsnwn�stn (b)Is not personally obligated to pay the mans secured by this Security lnstruwnt: wW(e)agrees that Lanier and any other Borrower can agree to extend, modify, forbear or Maim any aocommndatiow with regard to the terms of this Security Imtrutnent or the Note without the oasignce a consent, Sublet( to the provisions of section 18, arty SuoDmor in Interest of Borrower who assumes Borrowvr's obligations urnieu this Security Instrument in writing, and is approvod by Lender, shall obtain all of Borrower's rights and benefits under this Security instrwnent. Borrower shall not be rolsawd from 8orrowerr's obligations and]lability tumor this Security Instrument unless Lender agrers to such release in writing. The covenants and agroerments of this Security instrument shall bind (except as provided in Section 20)errs"benefit the sucoessors and Luigns of Lender. _ 14. Loan Chargft Lender may charge Borrower.fees for services performs! in connection with f3orrowct's daftutr, Per the p of protecting Leads"s interest in the Property and rights under this Security Instrument, including, but not limited to, auorneye fees, property inspection and valuudion fool. In regard to any other fees,the absence of express audwity in this Security Instrument to charge a speclflo foo to Borrower shall not be wnstrued as a prohibition on the charging of such fee,Lender may not charge fees that are expressly rohibited by Us Security Instrument or by Applicable Law If the)Goan is subliunt to a taw which sets maximum loan aharges,and that law is finally interpreted so that thts ante rw or other loan charges collected or to be collected in connection with the Loan exceed the permitted lhults,then: (a)any mwh roan charge shat(be reduced by the=mind amessazy to red=the charge to the permitted!brit;W(b)any rums already collected Gem Borrower which mmaedtsd permitted limits will be reftuided to Borrower. Gander may choose to makd this refund by reducing the principal owed under the Note or by making a diroa payment to Borrower. If a rafund redmerw ��•inaipai, the reduction will be treated as a partial prepayment without any prepaywit oharge (vlhether or not a prepayrnot charge Is provided for under the Mote). Borrower's acceptance of any such refiuud made by direct payment to Borrower will Constitute a waiver of any right of action Borrower might have wising Ott of such Oyero arze. 15 Notices. All entices given by Borroweer or Lander in connection with this Security instrument must be in writing.Any notice to Borrower in connection with this Seoew'ity instrument shall be deemed to �.6AIPA)tosoe) p.0.t1 cite Form SDS9 1!01 ' r i Bit 1953•PG0094 c have been given to Borrowex when mulled by fat class mail or when actually delivered to Borrower's notice address If sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law oxgs ply r tires otherwise. The notice address shalt be true P Address _ unless Borrower has designated a s�notice address by notice to Lander. Borrower stall promptly natfPy Lender aP Borro'wer's tr8c of address. If Lander speci$as a procedure for reporting Boaawer s change of address,than Batrowcr shalt only report a�af atlases through that spedflcd procedure There rrray be only one designated notice address under Securiry Instrument at any one time. Any notice bo Centro awl ba given by delivering it or by tneJiin>j It by tir€t class mail to Lender s address ? stated hezeia unless Lander hits de€Ignated anotltar address by exotica to Borrt�wor. Any notice in aonaection with this Security lr►strtmtant sttatl ttot bo dEentad to have bean given to Lander until actually received by Lender. [f any notice required by tide security instrument is also required tartar Applicable Law, the Applicable Law requireutsrd will satisfy the corresponding requirement under this Sceurky i Tttstr 16, overning Low; Sevamtraltyl Rules of Construction, This Security Instrument shall be governed by fodusral law and to law of the jurisdiction in which the Property is located. All rights and 3 abliggatiarw 0,*bu, in title roquiretnenty and ihYSlatts of Applicable Law might txplleitly or implicitly allow the parite to agree b eaatrttot cr it t aunt silence shall stet be oonsnutad as a prohibition against agreement try co1,LrAat In the event that any provision or clause of this soaurtty lrtstrsttrtattt ar the T+toto oonflicts with Applicable Law, such aottilict Stroll not affect otherrovfsians of this Soavrlty Instrument or the Note which cart be given eigat vrithotrt the coaflietin$provision. { As used fn tills Sectuity Ittshusrtutt: �a) words of rite rttascttlitte gender shall mom and Include 1 ootrospond' neuter words or words of the feminine�*'ftc ider, (b) words in the singular shall mean and j include the plural and vice versa;, and (c)the word"may" gives sole discrefon without any obligation to take any action. 17, Borrower's Copy.Borrower shall be given one copy of tint Nate and of this Security Ittstrutnent, 18. Traasfer of the Property or a Beneficial Interest In Borrower. As used in thIs Scutlon 18, "Itrwrost In the Property"rriaans any legal or beneficial interest in the Property,including,but not limited to,those berteficial interests transferred In a hood for deed, contract for doed,installment sales contract of ascrow awemnent,the intent of which is the transfer of title by Borrower at is future data to a purchaser. If ail or any part of the Property or any interest In the Property is sold or transt"arred(or if Borrower is not a natural person and a beneficial into uat in Borrower is sold or transferred)without Unda's prior i written consent, Lander may require frarnediate payment In full of all sums secured by this Security , Instrument, f#awever, this option shall not be exercised by Lender if such exercise Is prohibited by Applicable Law. i If Lender aci ciuos title option,Lender shall give Borrower notice of acceleration. 'Me notice shall provide a period of not Iris than 30 days from the data the notice is given in accordance with section 15 I within which Borrower mtWPW all stamp secured by this Securrity Instrument, If Borrower fails to pay thow sutras prior to the explratlon of this period, Gondar may invoke any remedies permitted by this j Security Instrument without further notice or demand on Borrower. 19. Boerotwer's Right to Kdastate After Ataterottatt. If Borrower masts certain conditions, Borrowtrr shall have the right to have enibroement of this Security Instrument discontinued at any time prior to the earliest oil(a)five days before sale of the Piopatty pursuant to any power of sale contained in this Security Instrument; (b)such other period as Applicable Law might specify for the termination of j Dorrowet'€ right to reinstate; or (4) entry of 8 judgment enforcing this Security Instrument. Those conditions are that Borrower; (U) pays Landon all sums which then would be due sunder this Security Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or t �-s{4(PAlt45obt JYp+i2IN4i Ptlrlri}a}} {14t I . i 8K 1953P&0095 1 { [i { I3h'� i :iJJi'uuu7u . i i t k t i i agreements;(c)pays all expenses incurred in enforcing this Security titstrument,including, but not limited to, reasonable attorneys' foes, property inspection and valuation foss, and other fees inaurrcd for the purpose of protecting Lenders interest In the Property and rights wider this Security Irt hirttent; and(d) — takes such action w Londer may reasonably require to amira that Lar>ihsr's intarmt in the Property and rights under this Security Instrument, and BormvW's obligation to pay the sums secured by this Security lwuun=t, shall continua unchanged.Lender nay require that Borrower pay such reinstatetnent sums and expenses in one or more of the following fortes, as selected by Lender; (a) cash; (b)money order; (c) certified chock,bank check, treasurer's check or cashle a check, provided any such chock Is drawn upon an institution whose deposits are insured by a federal agency, InstrunwAallty or entity; or(d)Electromo Funds Trwufler, Ilpon rednstatemettt by Borrower, this Securi�tyy Instrwnern and obligations secured hereby shad 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, 4 20. Sale of Notel Change of Loan Servicer;Notice of Grievance. The Now or a partial interest in the Note(together with this Swwlty Instrument)can be sold one or Mora times without prior notion to Borrower. A sale might result in a change in the entity (known as the "Low Servioar") that collects Periodic Payments due odor tic Note and this Security instrument and performs other mortgage loan i servicing obligations under the Mote,this Socurity Instrument: and Applicable Low. There also aright be one or More changes of the Loan Srxvic a•uruelaW 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 stato the name and address of the now Loan Savieer, the address to which payments should be made and any other infvrmidion PXSPA requires in connection with a notice of transfer of servicing. If the Note Is sold and tharesufter the Loan is serviced by a Lost Servicer other than the pumhacr of the Nota, the mortgsgo loan servicing obligatlons to Borrower will remain with the Loan Servicer or be traxs*xred to a successor Loan sarview and are not assumed by the Note purahw ar unless otherwise provided by the Note purchaser. Neither Borrower nor Lander may commence,Join, or be joined.to any judicial action(as eidw an 1 Individual litigant or the member of a class)that ariaw from the other patty's actions pursuant to this I Security Instrument or that alfna that the other party has breaoW any provision of,or any duty owed by reason of,this Srsurity htstrttrnsrtt, until such Borrower or Lender has rmtitiad the other party(with such I notice given In compliance with the requirements of Section 15) of such alleged breach and afforded•the outer party hereto a reasonable period aft the giving of such notice to take oorraodve action. If Applicable Law provides a tim period which must elapse beforo certain action can be taken, that time i period will be deemed to be.reasonable for purposes of this paragraph. The notice of acceleration and opporwrtity to curs given to Borrower pursuant to Section 22 and the notice of woloration given to { Borrowar pursuatat to Section 18 shall be deemed to satisfy the notice and opportunity to take eonutive f action prwisicns of this Section 20, JI 23. Hazardovs substances. As used in this section 21; (a) "Hsamdous Substances" are those substances defined as toxic or b4zardouc substances, polltdants, or wastes by Enviroriments)Law and the ! following substarums. gasoline, kerosene, other ftamunable or toxic pelroloum proouets, tondo Pesticides and herbicides, volatile solvents,materials containing asbestos or formaldehyde,and radiow ivo maurdals; rn)"&wironmaattah Law"means federal laws and laws of the jurisdiction where tho Property is located that iate to health, safety or environmental protection; (c) 'Environmental Cleanup" includes any respemae action, ranodial action, or removal action, as defined In Environmental Law; and(d)an"Environmental s Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cieanup. !i MA WR 6A(PA)aoaoe) P+»rs or i• Form SOSO 1101 F • l BK 1953 PGO 096 , Uivt .JVVruVV.ir 4�4 t f i Borrower shall not cause or permit the presence,use, disposal, storage, or releaso of any Hazardous Substances,or threaten to releaso any Hazardous Substanoa,on or In the Property. Borrower shall not do } not allow an one else to do,anything affecting the Property(a)that is in violation o€any Envsroamon@ Law,{b)which creates an Environmental Condition, or(o)which, due to the presence,use,or release of a Hazer ous Substance, oreaares a condition that adversely affects the value of the proppeerrttyy The preceding two sentences shatl not apply to this prozce, use, or storage on the Pro of small quantities of l�vxdous Substances that are gerteratly recagnrzed to be appropriate to nortnal residential uses and to umbltenanca of the Property(including,but riot limited to,hanrdous substances In consumer products). Borrower shah promptly give Lender written notice of(a)any investigation, claim,demand, lawsuit i or other action by Say govexRntet W or regula wy apGnoY or private party tnvolnR$the Pro and aay Hazardous Subgwm or Environmental Law of winds Borrower has setae# knowl=(b) y Envttomae W Condition,including but not limited to,any spilling,lealdng, discharge,release or threat of Mom of any Hazardous Substam. and(o)any condition ow2ed by the prosenca, use or release of a Mazardous Substar=which advcraoty affects the value of the Property. If Borrower learns, or is notified y any ovrrrunonW or regulatory audtority, dr any private parry, tier an removal or other remediation of any Hazardous Substance effacing the Properly Is necessary,Borrower shad!prornptty take all necessary remedial actions in accordance with Envitorm erntal Law, Nothing herein shalt create any obligation on ! •sender for an Environmental Cleanup. j NON-UNTORM OOVENANTS. Borrower and fender further eovanarn and agree as follows: 22. Acceleratlon;Remedies, Lender shalt give notice to Borrower rior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to E acceleration under Section 1$ anises Applicable Law provides otherwise), Lander shalt notify Bairower of,among other things.,(a}the default;(b)the action required to cure the default;(c)when the default most be cured; and (d) that failure to aura the default as specified may assort In ' acceleration of the sumo secured by this Security Instrument, foreclosure lsy judicial proceeding mud sale of the Property. Lender shall tbrther inform Borrower of the right to reinstate after neaeteratfon and the right to assert to the foreclosure proceodin tine Rot}-existence of a default or any other i defense of Borrower to acceleration and foreclosure Ifthe default Is not cured as specified,Leader at ! Its option may require Immediate payment in full of an sates secured by this Security instrument without further dtunand and may foreelose this Security IuArumetst by j"cial proceeding. Under shall be entitled to cotieof all expenses incorrcd in pursuing the remedies provld in this Section 21, including, ut not limited to, attorneys, lees and casts of WN ovidenee to the extent permitted by Applicable Law, 23. Release,Clgou payment of all sums secured by this Security tnabrumernt,this Security tadrsnnant i and the estate conveyed shall terminate and became void. After such occurtenoe, Under shalI discharge and satisfy this Security Imtrumeaiw Borrower shall pay any recordation costs. L,onder may charge Borrower a fee for releasing this Security Insu n min,but only If the fee Is paid to a third party for services tundered and the charging of the fee is permitted unties Applicable Law, 24, Waivers. Borrower,to the extent ppesrmittod by Applicable Law,waives and releases any error or ! defects in pros ceding to enforce this Sectn•ity Instr o nit,and hereby waives the benefit of any present or future,laws providing for stay of wwoution, extension of tnnc.exemption from mtmchment, levy and sale, i and homestead ca=ption- Z& Reinstatement Period, Borrmes lime to reinstate provided in Section 19 shall extend to one hour prior to the oonuftemement of bidding at a sheriff s sale or other We pursuant to this Security Itsstrurttetst. . 26. Purehasc Money Mortgage, if any of the debt secured by this Security Instrament it tent to 3mower to acquire title to the property,this Security Instrument shall be a purchase money mortgage. 27. lsntemt Rate after Judgment.Borrower agrees that the interest rate payable after a.ludgment is mitered on the Note or in an action of mortgage foreclosure shall be fire rate payable from time to time under the Note, ! dft4AjPA)Os**) Page t<41 19 ForM 3032 Vol i f Ui1t !vW1'uvV ./V, - 1 i i i 'r 1 I i BY StGMNO BELOW, Borrower accepts and agms to the terms and covenants contained in this l Sc=ity Wmnnent and In any Met exe aed by Borrower and reeotdod with it. i Witnesaa3; j s r91 a s't)Y,'�rOFi, IrSt -Borrower I (sea!) -Botrower f . f i i f 'borrower uROwer I - 4 (Seat} (Smd) z -Bofrower -aorrowor j i i (seat) (seat) 1 .Borrower Borrower j i i i i .BAIYA�fasost >`+oe 16 M t8 Form 9099 plat i i j i 0K 1953PG4D•98- I 1 1 ♦ s l S S • r COMMONWEALTH OF!PENNSYLVANIA, ��J1��►�C t County ss:' k On this,the day of before me,the undersigned officer,personally appeared imms a A t1L N III Mown to me Lqr satisfamriiy proven)to be the persono whose nameV is4m subscribed to the within isnotmont and a""b to�'ivii iY i}t halsha4 ,executed the same for the purpoecs harein contait ed, IN WITNESS WHEREOF,I hrxeunto set my hand and official seal. ! My Cormw8sion Expires; I { t t+N]'PititlAk•9�111 i Notcwy Pt_+t CR5fPv I-/r'tilp DAUM 00dW Title of Officer j. N0. arntesApri,ta007 { NOIAiltWIM CttrTHIA i ANttElts M Notwy Pt,Wie GBtW WW HN C7{D N Certificate of Reddence !mow¢ !, J;Uoed ,do hereby certify that the coned address of the withia-naiad Mortgageo is P.0. Hox 2026,?rHK MI 48501-2026, i Witness my hand this 23rd day of tmsyr 2006 Agent ofMortggoo (I I i t 4AIPAI iasnai ppe is of 10 Farm 5039 !le 1 I i 9K.11 953,PGO099• - I ORDER 0! 103854 I IEXHI'Bff A i N ALL THAT PARCEL OF LAND IN'T'OWNsM OF SILVER WR]Mt C"Oiv1<BERLAND COUWI`Y, COMMONWEALTH OF PENNSYLVANIA,AS MORE FULLY I)MCML AY DEEIT 800E 174+ PAGE Z3,ID#38.19.1621-012,BEING KNOWN AND DESIGNATED AS BF,GINNINC AT A POINT W njnN THE BED OF THE CARLISLE PIKE,PF2MYLVAN W LWIM ATIVE ROUTE NO.34,US l l IN THE LAVE OF LAND NOW OR OF ABOUT TO BE CONVEYED TO COMMUNICATIONS SERVICES,INC-1 THENCE IN AM ALONG SAID MGHWAY SOVM 81 DEGREES 14 MfNUTE9 VVEST Q FEET TO A CORMM OF LAND NOW OR LATE OF THEODORE OSDORNEI TI>ENCE ALONG SAID LAND NORTH 0 DEGREES 46 14IINI M WgST(PASSING OVER A DRILL HOLE 37.12 FEET FROM THE BFaNW+lGr OF TM9 LINE.WHICH DOLL HOLE IS M FEET EAST OF TINE EASTERN LBV'EOF A 12 FOOT WIDE ALLEY)FOR A TOTAL DI$TAXcE OF 88.S FIET TO A POST;THENCE CONTINMGf ALONG SAID LAND NORTH 12 DEGREES 49 hIINU M WEST 13547 NET TO A•PoUfr ON TINE SOUTH SIDE OF A VWrEEN FEET WIDE ALLEY;TF+ICE ALONG ALLEY NORTH 81 DEGREES 14 MINUM EAST Z3.2 FEET TO A CORNER OF THE AFORESAID LAND OF COMMUNICATIONS SERVICES,INC.;WINCE ALONG:SAID LAND SOVM 16 DEGREES,15 MINUTES DEAST(PASSING OVER A STAKE LOCATED AT THE INSIDE OF THE CONCRETE WALK,37A FIAT FROM TIM END OF TOM LINE)FOR A TOTAL DISTANCE Z25.55 FRET TO � A POINT IN CARLISLE PIKE,THE I+'1.AC6 OV BEGINNING, T)$ED FROM JA1 M B.FULTON M AND LAURIE J.FCILTON AS SET FORTH IN DEED BOOK 174, E PAGE 23 DATED 030/t99B A"RECORDED 03441I998,CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. ` f E s s S i r Corti fY Buis to b' rd in CI`!$nd 0 County PA • .-mow-- � �- � � recorder of Deeds f t P*V 2 of 9 } � i t 953 01.00 THIS IS E AND E O!t T*GINAID XACTCO CEgIfE� NOTE May 23, 2006 NEW KINGSTOWN PA (Date] (city] (State] 56 W MAIN ST NEW KINGSTOWN, PA 17072 (Property Address) 1, BORROWER'S PROMISE TO PAY In return for a loan that]have received, I promise,to pay U.S. $60,000.00 (this amount is called"Principal"), plus interest,to-the order of the Lender. The Lender is Home Funds Direct I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.999 %. The interest rate required by this Section 2 Is the rate I will pay both before and after any default described in.Section 6(B) of this Note. 3. PAYMENTS (A)Time-and Place of Payments I will-pay principal and interest by making a payment every month. I will make my monthly payment on the 1st: day of each month beginning on July 1, 2006 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 June 1, 2016 , I still owe amounts under this Note, I wil] pay those-amounts in full on that date, which is called the"Maturity Date." I will make my monthly payments at P.O. Sox 502480 San Diego, CA 92150-2480 or at a different place if required by the Note Holder. (B)Amount of Monthly Payments. My monthly payment will be in the amount of U.S. $ 727.94 i 4. BORROWER'S RIGHT TO PREPAY - Prepayment Charge Rider attached hereto. I have the right to make payments of Principal at any time before they are due. A payment of Principal'only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a � payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my iponthiy payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT 4(W5N rozorl.ot Form 3200 1101 VMP MORTGAGE FORMS•(800i521.7291 ! ' Page t of 3 Irtrliat�:�Q�S3� i r _......... ............._... i i { 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 Rill amount of any monthly payment by the end of 10 calendar days after the date It is due, I will pay a late charge to the Note Holder. The amount of the charge will be • 6.000%of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B)Default If I do not pay the full amount of each monthly payment on the date it is due, I will be In-default. 1 (C)Notice of Default i If I am in default, the Note Holder may send me a written notice telling me.that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that 1 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 Iater time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for A 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 I Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if l give the Nate j 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. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce.its.rights under this Note against each person individually or against all.of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS. I and any other person who has obligations under this Nate waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 32 01 Idol M•5 N(0207)e t Pegg 2 of Inlhalr t3�- ;. m I I i i 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed(the"Security Instrument"), dated the same date as this Note, protects the Note Bolder from possible losses which might result if I do.not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in fnlr of all amounts I owe under this Note. Some of those conditions.are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial.interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. i However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 ( within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security i Instrument without further notice or demand on Borrower. I i WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. i {Seal). (Seal) J S 8 FUT,TON, III -Borrower -Borrower I (Seal) (Seal) -Borrower -Borrower t ' I (Seal) (Seal) -Borrower -Borrower •i (Seal) (Seal) -Borrower -Borrower [Sign Orlgtnal Only] S N ro2o7>o+ Page 3 of a Form 3200 1101 i THIS IS A TRUE AND OF THE ORIGINAL DT COPY .ENT. CERTIFIED 8 ' ACCREDITIE B'Y: R PREPAYMENT CHARGE THIS PREPAYMENT CHARGE RIDER TO NOTE is made this 23rd day of May,2006,and is Incorporated into and shall be deemed to amend and supplement the Note or Adjustable Rate Note,as applicable(the"Note"),of the same date given by the undersigned Borrower(s)to Home Funds Direct. i NOTICE TO THE BORROWER DQ NOT SIGN THIS PREPAYMENT CHARGE RIDER TO NOTE BEFORE YOU READ IT. THIS PREPAYMENT CHARGE RIDER TO NOTE PROVIDES FOR THE PAYMENT OF A PENALTY IF YOU WISH TO REPAY THE NOTE PRIOR TO THE DATE PROVIDED FOR REPAYMENT IN THE NOTE. The provisions of this Prepayment Charge Rider to Note are authorized byapplicable state law or the federal Alternative Mortgage Transaction Parity Act of 1982,12 U.S.C.§§.3801 etseq. PREPAYMENT CHARGE [Iwo may make a full prepayment or partial prepayments. However,if the aggregate amount of the prepayment(s) made during any twelve(�12)month periodwithin(Sixty(60))months of the date of the Note exceeds ten percent (10%)of the original principal amount of the Note,then as consideration for the acceptance of such prepayment(s), I/we-agree to pay the holder of the Note a:sum equal to five percent(5%)of the entire amount so prepaid.Any i prepayments,made after said initial(Sixty(60))month period shall not be subject to any prepayment charge. I/we confirm that,prior to the closing of this mortgage loan,I/we-were offered the option of obtaining a mortgage loan that did not require payment of prepayment charge and that Uwe are agreeing to this prepayment charge in exchange for a monetary benefit,including but not limited to a rate or fee reduction. mower Date Borrower Date JAMES B FULTON, III Borrower Date Borrower Date i Borrower Date Borrower Date j Borrower Date Borrower Date 6Yo-6y,s MIN Y FULTON Loan # VENOM f ARL PPR-5.UFF Page 1 of 1 i h � i " 715 Metropolitan Ave. ERREST P.O.Box 24610 Oklahoma City,OK 73108 INA, N C .11 A L Tel: 800-621-1437 405-945-1514 Fax: 405-553-4702 March 26, 2011 JAMES B FULTON III PO BOX 381 NEW KINGSTOWN PA 17072-0381 Please See Attached Notice THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A CONSUMER DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Notice to Consumers presently in Bankruptcy or who have a Bankruptcy Discharge: If you are a debtor presently subject to a proceeding in Bankruptcy Court, or if you have previously been discharged from this debt by a Federal Bankruptcy court,this communication is not an attempt to collect a debt but is sent for informational purposes only or to satisfy certain Federal or State legal obligations. 7:50 Mailing Certified prim 20110315rev Date: 03(26/11 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is an official notice that the mortgage on your home is in default,and the lender intends to foreclose.Specific information about the nature of the default Is provided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM(HEMAP)may be able to help to save your home.This Notice explains how the program works. To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE.Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listeda t the endo f this Notice. If you have any questions, you may call the Pennsylvania HousingF inance Agency toll free at 1-800-342-2397. (Persons with impaired hearina can call(717)780-1869). This Notice contains important legal Information.if you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it.You may also want to contact an attorney in your area.The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. $I NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMEROM ENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. s HOMEOWNER'S NAME(S): JAMES B FULTON III PROPERTY ADDRESS: 56 W MAIN ST NEW KINGSTOWN PA 17072 LOAN ACCT.NO.. ORIGINAL LENDER: Home Funds Direct CURRENT LENDERISERVICER: Vericrest Financial, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983(THE"ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing), During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDITC OUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule onef ace-to-face meeting. Advisey our lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you ins ubmitting ac ompletea pplication to theP ennsylvania HousingF inance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. ,= r`-~' --`` � . ,=.��''-'' ' .r ', =�,==�='=.``,�. ,"=�="=�'-,'`'~~. AGENCY ACTION | ' � Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under eligibility estab|ish d by the Act. The Pennsylvania Housing � Finance Agency has sixty (60) days to � make decision after it rmm*vom your mppiooU During that � time, noforeclosure proceedings will b pursued against you if you have met the time requirements set � forth above.You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on � your application. � NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT | | ! | —The MORTGAGE debt held by the above lender on your property located | at: 56 W MAIN ST NEW KINGSTOWN PA 17072 |G SERIOUSLY|N DEFAULT because* ! A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the ! following amounts are now past due: S for$ 0.551.48 | ! / Other charges(explain/itemize) Late Charges: $ 711.87 Other Charges * 22525 Escrow: $ 2.499.33 Funmp|oced |ns/Toxes: * 0.00 TOTAL AMOUNT PAST DUE: * 9.987.91 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION � HOW TO CURE THE DEFAULT—You` may cure the default within THIRTY(3O)DAYS of the date rfthis ncdiuu BY P/0yN0 THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 8.987.91. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY(30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made oavable and sent to: Vericrew$* Financial, Inc. 715 Metropolitan Avenue Oklahoma City, OK 73108 ! | Attn: Kewwanna Coppage . � ' / ' IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lenderi ntends; to exercise its rights to accelerate the mort-gage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortuaged property. IF THE MORTGAGE IS FORECLOSED UPON—The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50,00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00.Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs, If you cure the default within the THIRTY (30) DAY Period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES—The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY(30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and Pre-vent the sale at any time up to one hour before the Sheriffs Sale.You may do so by paying the total amount then past due, plus any late oro therc harges then due, reasonable attorney's fees and costs conn2=with the foreclosure sale and arty oth2r 2gsts connected with the Sheriff's Sale as specified in writing - any other requirements under the mortgac by the lender and by performing - -te, Curing your default In the manner set forth In this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the tender. HOW TO CONTACT THE LENDER: Name of Lender: Vericrest Financial, Inc. Address: 715 Metropolitan Ave Oklahoma City, OK 73108 Phone Number: 1-800-621-1437 Fax Number: 1-406-563-4702 Contact Person: Kawanna Coppage E-Mail Address: kcoppage@vericrestfinancial.com EFFECT OF SHERIFF'$SALE —You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale,a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You _ may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid priort o or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY I i I 7:50 Mailing Certified prim 20110315rev i I i 715 Metropolitan Ave. VERICREST P.O.Box 24610 , L Tel: 800-621-1437 4 73108 F 405-945-1514 Fax: 405-553-4702 March 26,2011 JAMES B FULTON III 56 W MAIN ST NEW KINGSTOWN PA 17072 j i Please See Attached Notice THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A CONSUMER DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Notice to Consumers presently in Bankruptcy or who have a Bankruptcy Discharge: If you are a debtor presently subject to a proceeding in Bankruptcy Court, or if you have previously been discharged from this debt by a Federal Bankruptcy court, this communication is not an attempt to collect a debt but is sent for informational purposes only or to satisfy certain Federal or State legal obligations. 7:50 Property Certified prim 20110315rev i Date: 03/26/11 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM(HEMAP)may be able to help to save your home.This Notice explains how the program works. To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE.Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counselina Agencies serving your County are listeda t the endo f this Notice. If you have any questions, you may call the Pennsylvania HousingF inance Agency toll free at 1-800-342-2397. (Persons with Impaired hearing can call(7171780-1869). This Notice contains Important legal Information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it You may also want to contact an attorney in your area.The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMEROM ENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM"EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S). JAMES B FULTON III PROPERTY ADDRESS: 66 W MAIN ST NEW KINGSTOWN PA 17072 LOAN ACCT.NO.: usionim ORIGINAL LENDER: Home Funds Direct CURRENT LENDERISERVICER: Vericrest Financial, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983(THE"ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE(33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDITC OUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at.the end of this Notice. It is only necessary to schedule onef ace-to-face meeting. Advisey our lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you ins ubmitting ac ompletea pplication to theP ennsylvania HousingF inance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(30)days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION --Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above.You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy ou can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 56 W MAIN ST NEW KINGSTOWN PA 17072 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 9 for$ 6,551.46 Other charges(explain/itemize) Late Charges: $ 711.87 Other Charges $ 225.25 Escrow: $ 2,499.33 Forceplaced InstTaxes: $ 0.00 TOTAL AMOUNT PAST DUE: $ 9,987.91 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT--You may cure the default within THIRTY(30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 9,987.91, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY(30) DAY PERIOD. payments must be made either by cash cashier's check, certified check or money order made payable and sent to: Vericrest Financial, Inc. 715 Metropolitan Avenue Oklahoma City, OK 73108 Attn: Kawanna Coppage IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender[ ntends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON.--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00.Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pav attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any up to one hour before the Sheriffs Sale, You may do so by Paying the total amount then past due plus any late oro therc harges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Vericrest Financial, Inc. Address: 715 Metropolitan Ave Oklahoma City,OK 73108 Phone Number: 1-800-621-1437 Fax Number: 1-405-553-4702 Contact Person: Kawanna Coppage E-Mail Address: kcoppage@vericrestfinancial.com EFFECT OF SHERIFF'S SALE—You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale,a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid priort o or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 7:50 Property Certified prim 20110315rev VERIFICATION f ale 7r!-,2j.-\eA hereby states that he/she is `�;2e ;�,a,�rV of Vericrest Financial Inc.,servicing agent for Plaintiff,in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. A Name: a'kcov. '�r�?4tie 1 DATE: Title: f-vr l Company:Vericrest Financial Inc. S&D FILE NO: 11-039765 James B. Fulton,III 11-28-'12 13;3E T-621 P0008/0016 F-087 RECORDATION REQUESTED BY: Salzmann Hughes,PC 354 Alexander Spring Road,Suite 1 Carlisle,PA 17015 (717)249-6333 WHEN RECORDED MAIL TO: rq TAX PARCEL NO,38-V-1621-012 SPACE ABOVE TKIS U NL'IS FOR RECORDER'S USE ONLY THIS DEED, s�- AMDE THE 1-7-day of in the year two thousand twelve (2012), BETWEEN JAMES B.FULTON,III,married individual,of the Commonwealth of Pennsylvania,hereinafter called Grantor, AND JAMES B.FULTON,III and BONNIE F.FULTON,husband and wife, of the Commonwealth of Pennsylvania,hereinafter called Grantees, WITNESSET'H, that inconsideration of the sum of ONE and 00/100 ($1.00) Dollar, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantees, their heirs and assigns, as tenants by the entireties, ALL THAT CERTAIN tract or parcel of land and premises,situate, lying and being in the TowmMp of Silver Spring,County of Cumberland and Commonwealth of Pennsylvania,more particularly described as follows: BEGINNING at a point within the bed of the Carlisle Me, Pennsylvania Legislative Route No. 34, U.S. 11 in the line of land now or formerly of Communications Services, Inc.; theme in and along said highway South 81 degrees y� lI V 11-28-'12 13;36 T-621 P0009/0016 F-087 14 minutes West 42 feet to a corner of land now or late of Theodore Osborne; thence along said land North 8 degrees 46 n-dnutes West(passing over a drill hole 37.12 feet from the beginning of this line, which drill hole is 88 feet east of the eastern line of a 12 foot wide alley) for a total distance of 88.5 feet to a post;thence continuing along said land North 12 degrees 49 minutes West 135.47 feet to a.point on the South side of a fifteen feet wide alley; thence along alley North 81 degrees 14 minutes East 22.2 feet to a corner of the aforesaid land now or formerly of Communications Services, Inc.; thence along said land South 16 degrees, 15 minutes Past (passing over a stake located at the inside of the concrete wall, 37.8 feet from the end of this line) for a total distance of 225.55 feet to a point in Carlisle Pike,the place of BEGINNING. HAVING thereon erected a two story frame dwelling and other improvmertts being known as 56 West Main Street,New Kingston,Pennsylvania. BEING the same premises conveyed by James B. Fulton, III and Laurie J. Fulton, by Deed dated March 9, 1998, and recorded on March 24,1998,in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Book 174, Page 23,to James B.Fulton,III,Grantor Herein. UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions, restrictions, notations and agreements affecting the property,visible or of record. THIS IS A TRANSFER BETWEEN HUSBAND AND WIFE AND IS THEREFOU EXEMPT FROM PENNSYLVANIA REALTY TRANSFER TAX. AND the said Grantor hereby coverts and agrees that he will warrant specially the property hereby conveyed. IN W TNESS WHEREOF said Grantor has hereunto set his Band and seal the day and year first above written. Signed, Sealed and Delivered in the presence of °owl jAIVIE�B. Tote,III 11-28-'12 13:36 T-621 P001010016 F-087 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the S� L day of 2012, before me, the undersigned officer, personally appeared JAMES B.fULTON,M,known to me(or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WIINESS WHMOP,I hereunto set my hand and official seal. NMSYW—A�A "Mm PE "NOR14firm-'s"I F.Vow ' -*j,t4j.NWaty Pj*k SOL14M MTdI'0.D'Two,cwtvhv tiildG Her 1 -7 , Notary Public I do hereby certify that the precise residence and complete post office address of the within na med Grantees is: 5,-,r Id- MffitL S1^-4 kp—-e T- N N474b W Ij Date: T fA- 7011 Attorney for Grantees SALZMANN HUGHES,P.C. 354 Alexander Spring Road,Suite 1 Carlisle,PA 17015 11-28-'12 13;37 T-621 P0011/0016 F-087 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE _ CARLISLE,PA 17013 717-240-6370 - ° +� r Instrument Number-201223145 R.eeorded On 8/1/2012 At 2:39.59 PM °Total Page_4 *Instrument Type-DEED Invoice Number-11407$ User IXl-RZ *Graitor-FULTON,JAMES R III Grantee-ETON,JAMS B III *Customer-GEORGE DOUGLAS *FEES STATE ]RUT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTIM DO NOT DETACH RECORDING MS - $11.50 RECORDER OF DEEDS PARCET. CERTIFZCATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARC91VES FEE $2.00 ROD ARCHIVES FEL $3.00 CMaERLAND VALLUPY SCHOOL $0.00 DISTRICT SILVER SPRING TOWNSHIP $0.00 TOTAL PAID $62.00 I Ced*this to be recorded in Cumberland County PA RECORDER o n bs •-fnfortnation denoted by an aaarisk way change during the WriCication process and may not be renected ee this page, 0040F5 . �IillIIII�INIIbIIVI F �w T 14 ri TA 2non JUN 21 Pr! 2= 01 �GI� B�hSN ° , PE Y�A � The Bank of New York Mellon, as Trustee COURT OF COMMON PLEAS for CIT Mortgage Loan Trust 2007-1 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO: 2011-06230 James B. Fulton DEFENDANT(S) ORDER OF COURT AND NOW, this Z- r day of � - , 2013, upon consideration of the foregoing Petition, it is hereby ORDERED and DECREED that: (1) a rule is issued upon the respondents to show cause why the moving party is not entitled to the relief requested. (2) the respondent shall file an answer to the Petition within 20 days of service upon the Respondent. (3) the Petition shall be decided under Pa. R.C.P.No. 206.7; (4) depositions shall be completed within days of this date; (5) argument shall be held on a& in Courtroom y of the ('�r►+b ILHA-f County Courthouse; and (6) notice of entry of this order shall be provided to all parties by the moving party. BY THE COURT: ";�6 , J. M, Gv r n13 AUG At' 10*- 21 CUMBERLAND COTNTY PEHNSYLVM41A The Bank of New York Mellon,as Trustee COURT OF COMMON PLEAS for CIT Mortgage Loan Trust 2007-1 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO:2011-06230 James B.Fulton DEFENDANT(S) ORDER AND NOW, this V _ day of Avf a J'0�- 2013, upon consideration of Plaintiffs Petition for Supplementary Relief in aid of Execution Pursuant to Rule 3118 to Confirm Sale and Divest Interest, nuns pro tune, and any response thereto, it is hereby ORDERED and DECREED that: 1. The March 6,2013 Sheriffs Sale of the property located at 56 West Main Street,New Kingstown,PA 17072,County of CUMBERLAND,is confirmed;and 2. The interest of Bonnie Fulton is hereby divested as though fully notified in accordance with Pa. R.C.P: 3129.2. BY THE COURT: 4 J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R An6rson F!L ED- Sheriff T cimb, 1, 1 HE P F,'Of �rx of tto, 0 N 0^F/k R Y Jody S Smith 2013 AUG 27 AM 9. 5 7 Chief Deputy Richard W Stewart CUMBERLAND COUN—1Y Solicitor MICE OF THE VERIFF PENNSYLVANIA The Bank of New York Mellon Case Number vs. 2011-6230 James B. Fulton, III SHERIFF'S RETURN OF SERVICE 01103/2013 05:49 PM-Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 56 West Main Street, New Kingstown, PA 17072, Cumberland County. 01/03/2013 05:49 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant,to wit: James B. Fulton, 111, pursuant to Order of Court by"Posting"the premises located at 56 W. Main Street, Silver Spring Township, New Kingstown, PA 17072, Cumberland County with a true and correct copy according to law. 02/21/2013 Affidavit of Service on James B. Fulton by regular mail and certified mail pursuant to order of court filed in the Sheriffs Office 03/0712013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Christopher Denardo, on behalf of The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,161,59 SO ANSWERS, August 19,2013 RbNtV R ANDERSON, SHERIFF (C)COUntySUite Sheriff,Teleosoft,Inc. A a ! SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE uu r ATTORNEY I.D. NO: PA Bar# 78447 jo: 3600 HORIZON DRIVE SUITE 150 KING OF PRUSSIA, PA 19406a,; cv-a`' TELEPHONE: (610)278-6800 S & D FILE NO. 11-03 9765 The Bank of New York Mellon, as Trustee for COURT OF COMMON PLEAS CIT Mortgage Loan Trust 2007-1 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. James B. Fulton, III NO: 2011-06230 DEFENDANT AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed,the following information concerning the real property located at 56 West Main Street, New Kingstown, PA 17072. 1. Name and address of Owner(s) or Reputed Owner(s) James B. Fulton, III 56 West Main Street New Kingstown, PA 17072 James Fulton, III P.O. Box 381 New Kingstown, PA 17072 2. Name and address of Defendant in the judgment: James B. Fulton, III 56 West Main Street New Kingstown, PA 17072 James Fulton, III P.O. Box 381 New Kingstown, PA 17072 3. Name and last known address of every judgment creditor whose judgment is a record lien -,on the real property to be sold: The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 c/o Vericrest Financial, Inc. 715 S. Metropolitan Ave. Oklahoma City, OK 73108 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 4. Name and address of the last recorded holder of every mortgage of record: The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1, Plaintiff c/o Vericrest Financial, Inc. 715 S. Metropolitan Ave. Oklahoma City, OK 73108 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle,PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 56 West Main Street New Kingstown, PA 17072 r I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO &DeNARDO, LLC BY: ,_.�� Christopher A. DeNardo, Esquire 11-039755 SHAPIRO &DeNARDO,LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar#78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 11-039765 The Bank of New York Mellon, as Trustee COURT OF COMMON PLEAS for CIT Mortgage Loan Trust 2007-1 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. James B. Fulton, III NO: 2011-06230 DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James Fulton, III P.O. Box 381 New Kingstown, PA 17072 Your house(real estate) at: 56 West Main Street, New Kingstown, PA 17072 38-19-1621-012 is scheduled to be sold at Sheriffs Sale on March 6, 2013 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I O:OOAM to enforce the court judgment of$52,390.23 obtained by The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFFS SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to The Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFS SALE DOES TAKE PLACE. 5, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling(610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 11-039765 ALL THAT PARCEL OF LAND IN TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 174, PAGE 23, ID#38-19-1621-012, BEING KNOWN AND DESIGNATED AS FOLLOWS: BEGINNING AT A POINT WITHIN THE BED OF THE CARLISLE PIKE, PENNSYLVANIA LEGISLATIVE ROUTE NO. 34, US I I IN THE LINE OF LAND NOW OR OF ABOUT TO BE CONVEYED TO COMMUNICATIONS SERVICES, INC.; THENCE IN AND ALONG SAID HIGHWAY SOUTH 81 DEGREES 14 MINUTES WEST 42 FEET TO A CORNER OF LAND NOW OR LATE OF THEODORE OSBORNE; THENCE ALONG SAID LAND NORTH 8 DEGREES 46 MINUTES WEST(PASSING OVER A DRILL HOLE 37.12 FEET FROM THE BEGINNING OF THIS LINE, WHICH DRILL HOLE IS 88 FEET EAST OF THE EASTERN LINE OF A 12 FOOT WIDE ALLEY)FOR A TOTAL DISTANCE OF 88.5 FEET TO A POST; THENCE CONTINUING ALONG SAID LAND NORTH 12 DEGREES 49 MINUTES WEST 135.47 FEET TO A POINT ON THE SOUTH SIDE OF A FIFTEEN FEET WIDE ALLEY; THENCE ALONG ALLEY NORTH 81 DEGREES 14 MINUTES EAST 22.2 FEET TO A CORNER OF THE AFORESAID LAND OF . COMMUNICATIONS SERVICES, INC.; THENCE ALONG SAID LAND SOUTH 16 DEGREES, 15 MINUTES DEAST(PASSING OVER A STAKE LOCATED AT THE INSIDE OF THE CONCRETE WALK, 37.8 FEET FROM THE END OF THIS LINE)FOR A TOTAL DISTANCE 225.55 FEET TO A POINT IN CARLISLE PIKE, THE PLACE OF BEGINNING. BEING the same premises which James B. Fulton, III and Laurie J. Fulton,by Deed dated 07/10/92, and recorded in the Cumberland County Office of the Recorder of Deeds on 03/24/98 in Deed Book 174,page 23, granted and conveyed unto James B. Fulton, III. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-6230 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK MELLON,AS TRUSTEE FOR CIT MORTGAGE LOAN TRUST 2007-1 Plaintiff(s) From JAMES B. FULTON,III (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $52,390.23 L.L.: $.50 Interest OCTOBER 24,2012 TO MARCH 6,2013 IS$1,538.45 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $255.50 Other Costs: Plaintiff Paid: Date: 11/6/12 David D.Buell,Prothonota (Seal) Deputy REQUESTING PARTY: Name: CHRISTOPHER A. DENARDO,ESQUIRE Address: SHAPIRO &DENARDO LLC 3600 HORIZON DRIVE,SUITE 150 KING OF PRUSSIA,PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 TRUE COPY FROM RECORD Supreme Court ID No. 78447 In Testimony whereof., I here unto sst my hand and the sea!of said Court at Cariisle,Pa. This__L4_ aay of 20 Prothonotary h (r� V On November 15, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 56 West Main Street, New Kingstown, more fully,described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 15, 2012 By: Real Estate Coordinator hS -Z d L- AON ZIOZ CUMBERLAND LAW JOURNAL Writ No. 2011-6230 Civil 174,page 23,granted and conveyed unto James B.Fulton,III. The Bank of New York Mellon vs. James B. Fulton,III Atty.: Christopher DeNardo ALL that parcel of land in Town- ship of Silver Spring, Cumberland County, Commonwealth of Penn- sylvania, as more fully described in Deed Book 174, Page 23, ID# 38-19-1621-012, being known and designated as follows: BEGINNING at a point within the bed of the Carlisle Pike, Pennsylva- nia Legislative Route No. 34, US 11 in the line of land now or of about to be conveyed to Communications Services, Inc.; thence in and along said highway South 81 degrees 14 minutes West 42 feet to a corner of land now or late of Theodore Os- home;thence along said land North 8 degrees 46 minutes West(passing over a drill hole 37.12 feet from the beginning of this line,which drill hole is 88 feet east of the eastern line of a 12 foot wide alley)for a total distance of 88.5 feet to a post;thence continu- ing along said land North 12 degrees 49 minutes West 135.47 feet to a point on the south side of a fifteen feet wide alley; thence along alley North 81 degrees 14 minutes East 22.2 feet to a corner of the aforesaid land of Communications Services, Inc.; thence along said land South 16 degrees, 15 minutes East(passing over a stake located at the inside of the concrete walk,37.8 feet from the end of this line) for a total distance 225.55 feet to a point in Carlisle Pike, the place of BEGINNING. BEING the same premises which James B. Fulton, III and Laurie J. Fulton, by Deed dated 07/10/92, and recorded in the Cumberland County Office of the Recorder of Deeds on 03/24/98 in Deed Book 50 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1, and February 8, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. r- Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 8 day of Februaa 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy the atr1*otwXews Suite 300 Mechanicsburg, PA 17050 NOW you know. Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes.and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2011-6230 civil This ad ran on the date(s)shown below: The Bank of New York ellon Vs 01/22%13 James B.Fulton,111 01/29/13 Atty Christopher Denardo 02/05/13 ALL THAT PARCEL OF .LAND i IN TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY COMMONWEALTH OF . . . . . . . . . . . . . . . . ! PENNSYLVANIA AS MORE FULLY DESCRIBED IN DEED BOOK 174,PAGE 23,ID#38-19-1621-012,BEING KNOWN Sworn toagdatsubscribed before me is 14 day of February, 2013 A.D. AND DESIGNATED AS FOLLOWS: BEGINNING AT A POINT WITHIN; THE BED OF THE CARLISLE PIKE PENNSYLVANIA LEGISLATIVE Nota ublic ROUTE NO. 34, US 11 IN THE LINE OF LAND NOW OR OF ABOUT TO BE CONVEYED TO COMMUNICATIONS i SERVICES, INC.; THENCE IN AND, ALONG SAID HIGHWAY SOUTH CO EALTH OF PENNSYLVANIA 81 DEGREES 14 MINUTES WEST 42 Notarial Seal FEET TO A CORNER OF LAND NOW Holly Lynn Warfel,Notary Public OR LATE OF THEODORE OSBORNE; Washthgton Twp.,Dauphin County THENCE ALONG SAID LAND NORTH My Commission Expires Dec.12,2016 8 DEGREES 46 MINUTES my MEMBER.PENNSYLVANIA ASSOCIATION OF NOTARIES (PASSING OVER A DRILL HOLE 37.12 FEET FROM� R,_,INNING OF THIS LINE,WHICH DRILL HOLE IS 88 FEET EAST OF THE EASTERN LINE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler,Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which The Bank of New York Mellon as Trustee for CIT Mortgage Loan Trust 2007-1 is the grantee the same having been sold to said grantee on the 6th day of March A.D., 2013, under and by virtue of a writ Execution issued on the 6th day of November, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 6230, at the suit of The Bank of New York Mellon as Trustee for CIT Mortgage Loan Trust 2007-1 against James B. Fulton III is duly recorded as Instrument Number 201328469. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. 7. Recorder of Deeds d Courtly,Ce ole,PA My Commission ires the Fast Monday of Jan.2014