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Home My WebLink About12-1796UDREN LAW OFFICES, P.C. ATTOY OR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 "'?RLA?+D COUNTY LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860'?NSYL?'ANIA SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 PAIGE M. BELLINO, ESQUIRE - ID#309091 HARRY B. REESE, ESQUIRE - ID#310501 AMY GLASS, ESQUIRE- ID #308367 KASSIA FIALKOFF, ESQUIRE - ID #310530 ELIZABETH L. WASSALL, ESQUIRE - ID#77788 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings udren.com Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP C/O Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP 16001 North Dallas Parkway Addison, TX 75006 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County Na cq(?tcq -n l? eivil V. JOSEPH L. HITCHINGS 2413 COPE DRIVE NORTH MECHANICSBURG, PA 17055 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THATTnS MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE O NO FEE. avx-\ u ? (,)3 -7 S? at C k-? a s33 ? LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiff s favor: Assignor: Mortgage Electronic Registration Systems, Inc. Assignee: Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP Date of Assignment: 02/01/2012 Recorded Date: 02/07/2012 Book/Instrument #: Instrument # 201203711 Page: n/a 2. Upon information and belief Defendant(s) and/or their predecessor: Joseph L. Hitchings (hereinafter "Defendants"), are the owners of property located at 2413 Cope Drive North, (Upper Allen Township), Mechanicsburg, PA 17055, by virtue of Deed dated 04/20/2006 and recorded 04/28/2006 in Official Records Book 274 at Page 1184 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property"). 3. On 04/21/2006, Defendant(s) and/or their predecessor: JOSEPH L. HITCHINGS promised to pay to the order of Mortgageit, Inc, the principal sum of $228,000.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 04/21/2006, Defendant(s) and/or their predecessor: JOSEPH L. HITCHINGS to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Mortgageit, Inc., the Property which is the subject of this action. The Mortgage was recorded on 04/28/2006 in Official Records Book 1948 at Page 1896. Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof 5. Said mortgage is in default in that the payment due 03/01/2011, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. 6. After demand, the Defendant(s) continues to fail or refused to comply with the terms of the Mortgage as follows: (a) By failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance Accumulated Interest (due from 02/01/2011 to 03/21/2012 Accumulated Late Charges Escrow Deficit/(Reserve) Title Report Attorney Fees- Estimated Property Inspections Grand Total $214,924.22 $17,731.98 $156.81 $2,373.17 $325.00 $1,300.00 $95.50 $236,906.68 The above figures are calculated as of 03/21/2012: The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 7.25000 %. The per diem interest accruing on this debt is $42.57 and that sum should be added each day after the above date. The late charge is subject to adjustment if more fully described as such in the note and mortgage. The late charge rate on the subject note should be added in accordance to the terms of the note and mortgage charged monthly at $77.77. 7. Breach letters have been sent to Defendant(s) in accordance with the requirements of the subject mortgage and/or The Pennsylvania Act 6 of 1974 of the Commonwealth of Pennsylvania and, if applicable, Act 91 of 1983. Copies of the breach letters are attached hereto as Exhibit "A" WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $236,906.68 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDRE AW OFFICES, BY: i PAIGE M. BELLINO, ESQUIK,- PA to I Pte. of e UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 PAIGE M. BELLINO, ESQUIRE - ID#309091 HARRY B. REESE, ESQUIRE - ID#310501 AMY GLASS, ESQUIRE - ID#308367 KASSIA FIALKOFF, ESQUIRE - ID#310530 ELIZABETH L. WASSALL, ESQUIRE - ID#77788 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 p1.eadinas(a0dren.com ATTORNEY FOR PLAINTIFF Bank of America, N.A., successor by merger to BAC 'COURT OF COMMON PLEAS Home Loans Servicing, LP f/k/a Countrywide Home CIVIL DIVISION Loans Servicing, LP CUMBERLAND County Plaintiff I V. JOSEPH L. HITCHINGS NO. 2413 COPE DRIVE NORTH MECHANICSBURG, PA 17055 Defendant(s) VERIFICATION rlgrl ?llL'lY hereby states that he/&i is P 51sia a vim TIPS &rt of Bank-of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Plaintiff in this matter, that he sh is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his(0 knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: fi,batlno- 64 Name: rlo f1 Title: a?SiA1'lt y lZe.CSiCiQll? Company: &-int, of kyvx?c N(? MJU #: 12020204 CASE #: 12020204-1 ALL THAT CERTAIN TRACT OR LOT OF REAL ESTATE SITUATE IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA;- MORE PARTIC.ULARLY_ROUNDED.AND DESCRIBED AS FOLLOWS,..TO WIT: BEGINNING AT A POINT ON THE NORTHERN SIDE OF A FIFTY-FOOT RIGHT- OF-WAY FOR COPE DRIVE AT THE DIVISION LINE BETWEEN LOT #4 AND 5; THENCE ALONG SAID DIVISION LINE SOUTH -12:D.EGREES 20 MINUTES 14 SECONDS WEST A DISTANCE OF 105.00 FEET TO A POINT AT THE DIVISION LINE BETWEEN LOTS 4 AND 11; THENCE ALONG SAID DIVISION LINE NORTH 77 DEGREES 39 MINUTES 46 SECONDS WEST A DISTANCE OF 85.00 FEET TO A POINT AT THE DIVISION LINE BETWEEN LOTS 3 AND 4; THENCE ALONG SAID DIVISION LIN_E_ NORTH 12 DEGREES 20 MINUTES 14 SECONDS, EAST A DISTANCE OF 105.00 FEET TO A POINT OF THE AFOREMENTIONED NORTHERN SIDE OF A FIFTY FOOT FOR COPE DRIVE; THENCE ALONG SAID RIGHT-OF- WAY SOUTH 77 DEGREES 39 MINUTES 45 SECONDS EAST A DISTANCE OF 85.00 FEET TO A POINT AND PLACE OF BEGINNING. CONTAINING 8,925 SQUARE FEET. SAID LOT KNOWN, NAMED AND IDENTIFIED IN THE DECLARATION, REFERRED TO BELOW AS "ASHCOMBE FARMS P.R.D., A PLANNED COMMUNITY, LOCATED IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WHICH HAS HERETOFORE BEEN SUBMITTED TO THE PROVISIONS OF THE PENNSYLVANIA UNIFORM PLANNED COMMUNITY ACT, 68 P.A. C.S.A 5101 ET SEQ., BY THE RECORDING IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN THE DECLARATION FOR ASHCOMBE FARMS P.R.D. ("DECLARATION"), DATED APRIL 6, 1998, RECORDED APRIL 13, 1998, IN MISCELLANEOUS BOOK 573, PAGE 407, BEING AND DESIGNATED IN SUCH DECLARATION AS LOT NO. 4 DESCRIBED IN SECTION 2.2 OF THE DECLARATION. UNDER AND SUBJECT TO ANY AND ALL RESTRICTIONS COVENANTS, CONDITIONS, RESTRICTIONS, RIGHT-OF-WAY, EASEMENTS AND AGREEMENTS OF RECORD, INCLUDING BUT NOT LIMITED TO THE FINAL PLAN OF SUBDIVISION FOR ASHCOMBE FARMS. P.R.D., PHASE I, DATED AUGUST 29, 1994, REVISED AUGUST 12, 1996 AND -RECORDED SEPTEMBER 16, 1996 IN PLAN BOOK 73, PAGE 13. AS DESCRIBED IN DEED BOOK. 274 PAGE 1184 BankotAmerica "0/ Nome Loans PC Box 9048 Temecula. CA 92589-9048 Send Payments to., P 0 Box 15222 Wilmington. DE 19886-5222 Send Correspondence to: PO Box 5170. MS SV3145 Simi Valle. CA 93065 2247566443 20<^0303 Joseph L Hitchings 2413 Cope Drive North Mechanicsburg, PA 17055-5355 EXHjBIT A e+ ??K SLQPA' 12870 '2R5l2f 1J Bankof America W Send Payments to Nam Leans P O. Box 15222 Wdruington. DE '9886-5222 P_O. Box 660694 Dallas. TX 75266-0694 March 3, 2011 Account No.: 137379832 Property Address: Joseph L Hitchings 2413 Cope Drive North 2413 Cope Drive North Mechanicsburg, PA 17055-5355 Mechanicsburg, PA 17055-5355 Current Servicer: BAC Home Loans Servicing, LP 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 EMERGENCY MORTGAGE ASSISTANCE PROGRAM IHEMAPI 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 30 DAYS OF THE DATE OF THIS-NOTICE. Take this Notice with you when you meet with the Counseling Agency 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, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Joseph L Hitchings PROPERTY ADDRESS: 2413 Cope Drive North Mechanicsburg, PA 17055-5355 LOAN ACCT. NO.: 137379832 ORIGINAL LENDER: CURRENT LENDERISERVICER: BAC Home Loans Servicing. LP, a subsidiary of Bank of America, N.A. 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. This communication is from BAC Home Loans Servicing. Lie. the Bank of America company that services your home loan. Piease unite veur account number o:n a';.. oneacs and cosesaondence. We may charge you a fee (of uo Ic SUM) for any payment retumed or rejected oy you, frian"i instilution, subject to apo,eable iaw. e_OPA1 1257 122&'2C;C Paymerclrtatru.Ylons: Account Number. 137379832.9 Make you chug Payable to BAC Joseph L Hitchings Balance Due for charges listoc above, $6 040.'5 as or March 3, 2011. Nome Loans Sera--:cng,LP 2413 Cope Drive North Pea;aupdate email :nfxmatian on the rem sde,fths mu.a-:. • Dort seed eash Please,ndudemuocnwt-,per Mechanicsburg, PA 17055-5355 ad?,c paYr"'.nt YnTYpi' BLDPA' For al full month Daymenl oeiods, g= ni e5ts calwlatedon a monvoyte-e 'llll l?ll?'??'I?IrL ll?l?lll lrro "I"I?'?I "'I"'?ll??l l,,,, fsc or,• A eordh ly, rcrt rest for al' full months. ll l l l raud"g Febmel cawiated as BAC Home Loans Servicing, LP 33J360 of annual mt r sl mesoed'o of ' PO BOX 15222 Area n the month. to aMUai nrmC or days. F.: oatamorttm. nteres >:ae-ted Wilmington, DE 19886~5222 7,'a! L?n"S fi da::; the basis of a 3e5 day year. 1-860-669$654 137379832900000604079000604079 1: 5869900Sl 13737g8320 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. 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 THE NEXT THIRTY (30) DAYS 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 CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for Thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling 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 one face-to-face meeting. Advise your 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.) If you havethed and are unabieto resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so.. you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within Thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN A STATE OF DEFAULT DUE TO THE REASONS MENTIONED IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE. NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 2413 Cope Drive North Mechanicsburg, PA 17055-5355 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Charges: 01101/2011 $5,885.25 Late Charges: 01101/2011 $155.54 Other Charges: Uncollected Late Charges: $0.00 Uncollected Costs: $0.00 Partial Payment Balance: ($000) TOTAL DUE: $6,040.79 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 $6,040.79 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check. certified check or money order made payable and sent to: This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan. E-mail use: Providing your e-mail address below will allow us to send you information on your a wunt. Account Number 137379832 Joseph L Hitchings E-mail address. How we post your payments, All accepted payments r.' principal and interest will be applied to the longest outstanding installment due unless ^,drerwise expressly prohibited or limited by law. YOU submit an amount in addition to your scheduled monthly amount, we will apply, your payments as follows: (il to outtanding monthly payments of principal and interest (ii) escrow deficiencies (iii) late charges and other amounts you owe in connection wrh your loan and (ivi to reduce the outstanding principal balance co' your loan. Please specify if you wan, an additional amount applied to frnure payments rather than principal reduction. Postdated checks: Postdated :he;ks will be processed on the datte received unless a loan counselor agrees to honor the date written on me check as a condition of a repaynem plan. BAC Home Loans Servicing, LP at P.O. Box 15222, Wilmington, DE 19886-5222. You can cure any other default by takina the followina action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice.. the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to S50.00. 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 550.00. 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. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorneys 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 underthe 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 Sheriff's Sale of the mortgage property could be held would be approximately six (6) 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: BAC Home Loans Servicing, LP Address: P. O. Box 660694 Dallas, TX 75266-0694 Phone Number: 1-800-669-6654 Fax Number: 1-817-230-6811 Contact Person: MS TX2-977-01-13 Attention: Loan Counselor We are currently developing a process to ensure secure email communications for your Home Retention inquiries. In the interim, please contact us at the telephone number or address provided. 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 Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents. BAC Home Loans Servicing, LP may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing, the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument. LINE, This communication is from BAC Home Loans Servicing. LP, the Bank of Amenca company that services your home loan. If you are unable to cure the default on or before April 2, 2011, BAC Home Loans Servicing, LP wants you to be aware of various options that may be available to you through BAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For examDle: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through BAC Home Loans Servicing, LP. Our basic plan requires that BAC Home Loans Servicing.. LP receive. up front, at least M of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. • Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through BAC Home Loans Servicing, LP even if your home is worth less than what is owed on it. • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with BAC Home Loans Servicing, LP, you must contact us immediately. If you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistancewill be extended to you. In the meantime, BAC Home Loans Servicing, LP will pursue all of its rights and remedies under the loan documents and as permitted by law.. unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by April 2, 2011 as outlined above will result in the acceleration of your debt. If your loan is currently being evaluated for a loan modification, forbearance or other loan assistance solution, this notice will not cancel or delay that evaluation process. However, it is important that you promptly respond to all requests made in connection with your evaluation for a loan assistance solution, including all requests for you to contact us and any documentation required. If you do not comply with these requests in a timely manner, it may cause your loan to enter the foreclosure process as indicated in this notice. If your loan is not eligible for a loan assistance program, please note this letter will continue to serve as notice of our right to initiate foreciOSUre. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800-669-6654. This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan. Attachment: Itemization of Charges and Fees Monthly Charges: 01101%2011 - 03'31,'2011 ?a Late Charges: 01!0112011 - 02128/2011 Other Charges: Uncollected Late Charges: Partial Payment Balance: Lee c TOTAL DUE: 51,961.75 S5.885.25 S77.77 $155.54 50.00 S( 0.00 ) $6,040.79 This communication is from BAC Home Loans Servicing. LP.. the Bank of America company that services your home loan. 2247566443 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY CCCS of Western PA 2000 Linglestown Road Harrisburg. PA 17102 888.5112227 888.511 22227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 7' 7.2 32.975 7 Maranatha PHFA 43 Philadelphia Avenue 211 North Front Street Waynesboro, PA 17268 Harrisburg. PA 17110 717.762.3285 717.780.3940 800.342.2397 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 This communication is from BAC Home Loans Servicing. LP, the Bank cf America company that services your home loan. Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your income and expense information available so we can discuss which option(s) could work for you. Options to consider if your goal is to stay in your home Rf a prt Home A federal government program that allows you to repay the loan on newly agreed upon terms, which Affordable may include lowering the interest rate, placing past due amounts at the end of the loan, and/or Modification extending the term of the loan. You may be eligible for this program if you meet the following Program requirements: (RAMP) The home is your primary residence and you currently live in it. The amount you owe on the first mortgage is equal to or less than $729,750 for a single-family home. $934,200 for a 2 unit property, $1.129,250 for a 3 unit property or $1.403,400 for a 4 unit property You have experienced a hardship that has impacted your income. For example, a significant increase in your mortgage payment OR reduction in your income OR other hardship. Your mortgage was obtained before Jan. 1, 2009. Your payment on your first mortgage (including principal, interest, taxes, insurance and homeowner's association dues, if applicable) is more than 31 % of your current gross income. To calculate this, divide your first mortgage payment by your gross income (income before taxes). Loan If you can bring your loan payments up to date, we will accept the funds needed to bring the loan up Reinstatement to date until the day of your foreclosure saie. Repayment A temporary agreement which allows for the repayment of the unpaid, past due amount along with Plan regular mortgage payments. This may include principal, interest. fees.. and/or costs assessed to your loan. Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments for a Forbearance period of time, to allow you to re-establish your ability to make the required payments. Agreement Loan Repay the loan on newly agreed upon terms, which may include lowering the interest rate, placing Modification amounts past due at the end of the loan, and/or extending the term of the loan. (non-HAMP) Partial Claim If you have a Federal Housing Administration (FHA) loan and your payments are past due but you (FHA loans are now able to make your regular monthly mortgage payment, this program is designed to bring your Only) loan up to date by creating a second mortgage/lien on your property for the amount that is past due Options to consider if you cannot or do not wish to stay in your home Home p? . ..... .. .:...::.:.....:. Designed to help borrowers who are eligible for the Home Affordable Modification Program (HAMP) Affordable but were unsuccessful in securing a permanent modification through the program. HAFA provides the Foreclosure option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A short sale is a transaction Alternatives in which you sell your property for less than the total amount owed on the loan (subject to agreement Program by your servicer/lender/investor), resulting in the release of our lien on your home and avoidance of (HAFA) foreclosure. A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfer ownership of your property to us in order to avoid foreclosure. Short Sale/ Offered to borrowers who are not eligible for HAMP or other home retention alternatives. With a short Preforeclosure sale, you sell your property for less than the total amount owed on the loan (subject to agreement by Sale your servicer/lenderlinvestor), resulting in the release of our lien on your home and avoidance of (non-HAFA) foreclosure. Deed in Lieu of Offered to borrowers not eligible for HAMP or other home retention alternatives, and who were not Foreclosure able to sell the property through a short sale. With a deed in lieu of foreclosure. you agree to (non-HAFA) voluntarily transfer ownership of your property to us in order to avoid foreclosure. E It L? We are here to help you. Please call us today. 2247566443 Hay Opciones Disponibles Para Ayudarle a Evitar la Ejecucion Hipotecaria Llame al numero que aparece en la notification adjunta para obtener mas informaci6n Cuando Ilame, tenga la informacibn de sus ingresos y gastos disponibles para que podamos discutir cual opcion(es) pueden funcionar para usted. Opciones a considerar si su objetivo es permanecer en su casa #??r;?frta scrr? Home Affordable Un programa del gobierno federal que le permite pagar el prestamo bajo los nuevos terminos Modification acordados, que pueden incluir la reduccion de la Casa de interes. agregando la cantidad adeudada Program (RAMP) al final del prestamo, y / o extender el plazo del prestamo. Ustea ouede ser elegible para esle programa si cumple con los siguientes requisitos. • La casa es su residencia principal y actualmente vive en ella. • La cantidad adeudada en la primera hipoteca debe ser igual o menos que $729,750 dolares para una vivienaa unifamiliar, $934.200 dolares para una propiedad de 2 unidades.. S1,129,250 dolares para una propiedad de 3 unidades o $1,403,400 para una propiedad de 4 unidades • Ha experimentado una dificultad que ha afectado sus ingresos. Por ejemplo, un aumento significativo en su pago hipotecario O reduccion de sus ingresos U otras dificultades. • Obtuvo su hipoteca antes del 01 de enero 2009. • Su pago de la primera hipoteca (incluyendo principal, interes, impuestos, seguro y cuotas de asociacion de propietarios, si se aplica) debe ser mas del 31 % de sus ingresos brutos actuates. Para calcular esto, divida su pago hipotecario por sus ingresos brutos (ingresos antes de Impuestos). Restablecimiento Si usted puede traer sus pagos del prestamo hipotecario al d ia, se le aceptaran los fondos del Prestamo necesarios para que el prestamo este al dia hasta la fecha de la venta Judicial. Plan de Pago Un acuerdo temporal que permite el pago de la cantidad adeudada. cantidad del pago atrasadc junto con los pagos regulares de la hipoteca. Esto puede incluir principal, interes, honoranos y/o costos aplicados a su prestamo. Acuerdo Un acuerdo por el cual nos oomprometemos a no proceder con la ejecucion hipotecaria y,'o Temporal de coleccion de pagos por un periodo de tempo, para permitirie que restabtezca su habilidad de Tolerancia hacer los pagos requeridos. Modification de Pagar el prestamo bajo los nuevos terminos acordados. que puede incluir la reduccion de to Casa Prestamo de interes, agregando la cantidad adeudada al final del prestamo, y/o extender el plazo del (no por medio prestamo. de HAMP) Reclamo Parcial Si usted tiene un prestamo de la Administration Federal de Vivienda (FHA) y sus pagos estan (solamente vencidos, pero ahora puede hacer sus pagos regulares mensuales de la hipoteca, este programa prestamos de la esta diserhado para que su prestamo este al dia mediante la creation de una segunda hipoteca / FHA) gravamen sobre su propiedad por la cantidad adeudada. Opciones a considerar si no puede o no desea quedarse en su casa ?fG3?rta `E?6SGfEE3f?lf?Il Home Disenado para ayudar a los prestatarios que son elegibies para el Programa de Home Affordable Affordable Modification (HAMP), pero no tuvieron exito en obtener una modification permanente a traves del Foreclosure programa. HAFA ofrece la oosibilidad de una vents corta y, si no tiene exito, una entrega de Alternatives escritura para evitarjuicio hipotecario. Una venta corta es una transaccion en la que usted vende su Program propiedad por menos de la cantidad adeudada en el prestamo (suieto a previo acuerdo de su ' (HAFA) no de administrador I prestamista / inversionista), resultando en la liberacion de nuestro derec retencion sobre su propiedad y evitar la ejecucion hipotecaria. Una entrega de escritura para evitar juicio hipotecario es una transaccion en la que usted esta de acuerdo de transferir voluntariamente las escrituras de su propiedad a nosotros con el fin de evitar la ejecucion hipotecaria. Venta Cortal Se ofrece a los prestatarios que no son elegibtes para HAMP a otras alternativas de retencion de Venta antes de hogar. Con una yenta corta, usted vende su propiedad por menos de la cantidad total adeudada en Ejecuci5n el prestamo (sujeto a un acuerdo por su administrador ) prestamista / inversionista), resultando en la Hipotecaria (no liberacion de nuestro derecho de retencion sobre su propiedad y evitando la ejecucion hipotecaria. por medio de HAFA) Entrega de Se ofrece a los prestatarios que no son elegibtes para HAMP a otras alternativas de retencion de Escritura Para hogar, y que no pudieron vender la propiedad a traves de una yenta corta. Con una entrega de Evitar Juicio escritura para evitar juicio hipotecario, usted esta de acuerdo a transferir voluntariamente las Hipotecario escrituras de su propiedad a nosotros para evitar la ejecucion hipotecaria (no por medio de HAFA) Estamos aqui para ayudarle. Por favor Ilamenos hoy. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 PAIGE M. BELLING, ESQUIRE - ID#309091 HARRY B. REESE, ESQUIRE - ID#310501 AMY GLASS, ESQUIRE - ID#308367 KASSIA FIALKOFF, ESQUIRE - ID#310530 ELIZABETH L. WASSALL, ESQUIRE - ID#77788 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings an.udren.com Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 16001 North Dallas Parkway Addison, TX 75006 Plaintiff V. JOSEPH L. HITCHINGS 2413 COPE DRIVE NORTH MECHANICSBURG, PA 17055 Defendant(s) c f??7?"??ONOT/4? 12 AR 21 AN 10: 03 CUMBERLAND COUMTY "ENNSYLVAN1A COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 00191 - 1-7 96 el-iv ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Doyle, Esquire; Alan M. Minato, Esquire, Sherri J. Braunstein, Esquire; Paige M. Bellino, Esquire; Harry B. Reese, Esquire; Amy Glass, Esquire; Kassia Fialkoff, Esquire; Elizabeth L. Wassall, Esquire on behalf of the Plaintiff, in the above-captioned matter. UDRE W OFFICES, P.C. BY:/,? ll`- / V I seLLINO, ESQUIRE A ID 309091 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 1 "P112 AP 29 AN 21 PEWY!_'J,A,lI p, Bank of America National Association Case Number vs. Joseph L. Hitchings 2012-1796 SHERIFF'S RETURN OF SERVICE 03/24/2012 09:15 AM - Mark Conklin Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2012 at 0915 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joseph L. Hitchings, by making known unto himself personall at 2413 Cope Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents d a e e time handing to him personally the said true and correct copy of the same. M RK CONKLIN, DEPUTY SHERIFF COST: $38.00 March 27. 2012 SO ANSWERS, RON R ANDERSON, SHERIFF I S BANK OF AMERICA, N.A., successor by IN THE COURT OF COMMON PLEAS, Merger to BAC HOME LOANS SERVICING : CUMBERLAND COUNTY, PENNSYLVANIA LP V. JOSEPH L. HITCHINGS Defendant NO: 2012-1796 CIVIL TERM CIVIL ACTION - LAW f e^.J To: Bank of America, N.A.. c/o Paige M. Bellino, Esquire Udren Law Offices, P.C. Woodcrest Corporate Center 1 I 1 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty(20) days from service hereof or a default j ud,rnent may be entered against you. Respectfully Submitted, H1T(_'1,INGS LAW OFFICE Date: L/ /a Joseph L. Hite ipg Esquire Supreme Court ID# 551 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 Telephone: (717) 458-8123 Fax: 1717) 790-6019 BANK OF AMERICA, N.A., successor by Merger to BAC HOME LOANS SERVICING LP V. JOSEPH L. HITCHINGS Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO: 2012-1796 CIVIL TERM CIVIL ACTION - LAW ANSWER WITH NEW MATTER AND NOW, this J 311" day of April 20 ± 2, comes 'lie Defendant, Joseph L. Hitchings and Answers Plaintiff's Complaint with New Matter and avers in support thereof as follows: 1. Defendant is without sufficient knowledge to admit or deny the averments of Paragraph 1, so the same are denied :n(l strict nro,,)f' hereof is demanded at time of trial. 2. Admitted. 3. Denied. It is believed and therefore averred that the original principal amount of the loan was $212,000.00, and not $228,000.00 as stated in the Complaint. 4. The Note, as a written document, speaks for itself. and any inferences or implications not stated in the Note are denied. By way of further answer, Defendant does not know when the Mortgage was recorded. 5. Denied. The averments of Paragraph 5 constitute conclusions of law. By way of further answer, it is believed and therefore averred that payments made by the Defendant have not been credited to the account. 6. Denied. See Answer to Paragraph 5 above. By way of further answer, Defendant has repeatedly requested a modification ?)f the terms s)f the mortgage, and Plaintiff has failed to act on Defendants reque!4. t3v way offurihcr answer, it is denied that the amounts set forth in paragraphs 6 are owed by the Defendant or that they are proper, reasonable or customary. 7. See Answer to Paragraph 5 abovc. P)% way of fui-J',,r ar?swer, Defendant has responded to any letters by providing financial information and requesting a restructuring or modification of the'erms of the mo: tgage, yet Plaintiff has failed to act on those requests as required by Pennsylvania Act 6 of 1974 and Act 91 of 1983. 8. Defendants for the period listed in Paragraph 19. WHEREFORE, Defendant respectfully requests that the Court enter judgment in his favor and against the Plaintiff on its Complaint. NLW MATTER 9. Paragraph 1 through 8 hereof are incorporated by reference as if the same were more fully set forth at length herein. 10. Plaintiffs claims are barred by the applicable Statute of Limitations. 11. Plaintiff's claims are barred by the Statute of Frauds. 12. Plaintiffs claims are barred by the Doctrine of Accord and Satisfaction. 13. Plaintiff has failed to comply with P nnsylvania Act 6 of 1974 and Act 91 of 1983, as well as state consumer protection laws by failing to respond to Defendants requests to restructure or modify the existing terms of the Mortgage, despite the receipt of documented financial hardship. WHEREFORE, the Defendant. Joseph L. Hatchings, respectfully requests that the Court enter judgment in his favor and against the Plai t; f',"on its Con-iplaint. Respectiuliy Submitted, HIT('HIN"'-iS LAW OFFICE Date: / l - 13 - ) k _ L _ f?- nseph L. IIitchings, =squire Supreme Court ID# 65 51 5000 Ritter Road, Suite 202 Mecfiari.c, burg, Pennsylvania 17055 Telephone: (717) 58-8123 Fax: (717) 790-6019 VERIFWATION I, Joseph L. Hitchings, verify that the statements made F-, this Answer with New Matter, are true and correct to the best of my knowled<le information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date oseph L. Hitchings; efendant BANK OF AMERICA, N.A., successor by Merger to BAC HOME LOANS SERVICING LP V. JOSEPH L. HITCHINGS Defendant IN THE COUR TOF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO: 2012-1796 CIVIL TERM CIVIL, ACTION- LAW CERTIFICATE OF SERVICE I, Joseph L. Hitchings, Defendant, do hereby certify that I served a true and correct copy of the attached Answer with New Matter, by United Staus ' %Iail, First Class, postage prepaid upon the counsel listed below: Paige M. Bellino, Esquire Udrer, ._. 1*. Offices, C . Woodcrest Corporate Center 111 Woodcrest 1toad, Suite 2uk'; Cherry Hill, NJ 08003-3620 Respectfully Submitted, f!ITC?It?IN?- S LAW OFFICE i Date: B,,: oseph L. Hitchings, Esquire Supreme. Court ID# 65551 5000 Ritter Road, Suite 202 MecY,anicsburg, Pennsylvania 17055 Teleolionc: (717)158-8123 1, ax: (1 71 7 ) 'i9O-60 i 9 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER, 111 WOODICREST ROAD, SUITE 200 --mot +'-' ( 1Vi? i CHERRY HILL NJ 08003 (1 r r 856-669-5400 pleadings ,Odren.com Bank of America, N.A., successor by merger € COURT OF COMMON PLEAS to BAC Home Loans Servicing, LP fk/a = CIVIL DIVISION Countrywide Home Loans Servicing, LP =Cumberland County C/O Bank of America, N.A., as successor by merger to 8AC Home Loans Servicing, LP Plaintiff V. Joseph L. Hitchings NO. 2012-1796 Defendant(s) PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 9. Denied. This averment is denied as it does not require a response. By way of further reply, Plaintiff incorporates by reference paragraphs 1 through 8 of its Complaint as though fully set forth at length herein. 10. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further reply, the statute of limitations in an action in mortgage foreclosure is twenty (20) years (42 Pa.C.S.A. Section 5529(b)), and thus, Plaintiff's action was timely commenced'. Defendant defaulted on the mortgage by failing tender the payment due on March 1, 2011 and Plaintiff timely filed its Complaint in Mortgage Foreclosure on March 21, 2012. 11. Denied. This averment is denied as a conclusion of law to which no response is required. Furthermore, Plaintiff brings this action in mortgage foreclosure based on Defendant's failure to make payments under the mortgage and note. The mortgage and note, which are in writing and signed by Defendant are attached as Exhibit "A" and Exhibit "B". 12. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further reply, Plaintiff, at no time accepted and retained payment in full satisfaction of the mortgage debt from Defendant. Furthermore, Defendant's New Matter fails to identify or attach as an exhibit to his Answer any document evidencing any "Accord and Satisfaction". 13. Denied. This averment is denied as a conclusion of law to which no response is required. Byway of further reply, Plaintiff acted appropriately in its dealings with the Defendants, and complied with all laws, rules, and regulations. Furthermore, breach letters were sent to Defendant in accordance with the requirement of the subject mortgage and/or the Pennsylvania Act 6 of 1974 of the Commonwealth of Pennsylvania and Act 91 of 1983. Copies of said breach letters are attached as Exhibit "A" to Plaintiffs Complaint in Mortgage Foreclosure. WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court deny and dismiss, with prejudice, Defendant's New Matter, and award judgment in Plaintiffs favor as prayed for in its Complaint. UDREN LAW OFFICES, P.C. By: Kassia Fialkoff, Esquire Pa Id: 310530 Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER III WOODICREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5490 pleadings ,udren.com Bank of America, N.A., successor by merger COURT OF COMMON PLEAS to BAC Home Loans Servicing, LP f/k/a € CIVIL DIVISION Countrywide Home Loans Servicing, LP Cumberland County C/O Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP Plaintiff V. Joseph L. Hitchings € NO. 2012-1796 Defendant(s) . CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of Plaintiffs Reply to New Matter was served upon the following person named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: May A , 2012 TO: Joseph L. Hitchings Esquire Law office of Joseph L. Hitchings Rossmoyne Business Center 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 UDREN LAW OFFICES, P.C. By: Kassia Fialkoff, Esquire Attorney for Plaintiff UDREN LA W OFFICES, A C. WOODCREST CORPORATE CENTER MARK J. UDREX, ESQUIRE 111 WOODCREST ROAD NJ MANAGING. ATTORNEY SUITE 200 CHERRY HILL, NEW JERSEY 08003-3620 856. 669. 5400 TINA MARIE RICH OFFICE ADMINISTRATOR May d ?, 2012 LAX: 856. FREDDIE MAC PENNSYL VA NIA DESIGNATED COUNSEL Prothonotary of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP C/O Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP vs. Joseph L. Hitchings Cumberland County C.C.P., No. 2012-1796 To whom it may concern: Enclosed for filing, please find Plaintiffs Reply to New Matter and Certificate of Service in connection with the above-referenced matter. I have enclosed a copy of the first page of the Reply to be time-stamped and returned in the enclosed self-addressed, stamped envelope. Thank you for your assistance with this matter. Sincerely, UDREN LAW OFFICES, P.C. BY. k Kassia Fialkoff, Esquire Attorney for Plaintiff /cb Enclosures 1393k 6101 "1373,1 iD2 001 002 Prepared', By: Return To: MORTGA?GEIT 1350 DEMING WAY, 3RD FLOOR MIDDL ON, WI 53562 Parcel Npmber: 42.30-2106.038 Premises: 2413 COPE DRIVE NORTH, MECHANICSBURG, PA 17055 [Space Above This Lme For Recording Data] LOAN NO.: 40563873 MORTGAGE MIN 100112065718695568 MERS Phone: 1-888-679-6377 DEFINO[ONS Words used in multiple sections of this document are defined below and other words are defined in Sections'' 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also prodded in Section 16. (A) "Sepurity InstrumeW means this document, which is dated APRIL. 21, 2006 , together, with all Riders to this document. (B) "Borrower" Is JOSEPH L. HITCHINGS, A MARRIED PERSON Borror is the mortgagor under this Security Instrument. (G) " RS" Is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting Zely as a nominee for Lender and Lender's successors and assigns. MERS is the mortpgoe wader Security'Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 98501-2026, tel. (888) 679-MERS. Ina W PENNS`Y'LVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Fonn 30k(111 V-6A(PA) (osoe) PAgo 1 of 16 LENDER SUPPORT SYSTEMS INC. MER:PA.N BK i 9-k m PG 1896 It I? It 8PR 28 RM g yp EXHlBiT A r9-3 ?-V3a 7 7 aa. (D) "Lender" Is MORTGAGGEIT, INC. Lender isj a CORPORATION organized and existing under the laws of NEW YORK Lender's address is 33 MAIDEN LANE, 6TH FLOOR, NEW YORK, NY 10038. (3) "Note" means the promissory note signed by Borrower and dated APRIL 21, 2006 The Notts states that Borrower owes Lender TWO HUNDRED TWENTY EIGHT THOUSAND AND NO/100 X X X X X X X X X X X X X X X (U.S. $ (0) "L due un (H) "P Riders 0 ? O1 (1). " (K) ff I check, or Dollars 48,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic and to pay the debt in full not later than MAY 01, 2036 erty" means the property that is described below under the heading "Transfer of Rights in the " means the debt evidenced by the Note, plus interest, any prepayment charges and late charges the Note, and all sums due under this Security Instrument, plus interest. es" means all Riders to this Security Instrument that are executed by Borrower. The following to be executed by Borrower Icheck box as applicable]: stable Rata, Rider Q Condominium Rider 1-4 Family Rider (uated Payment Rider Q Planned Unit Development Rider Biweekly Payment Rider non Rider [[? Rate Improvement Rider Second Home Rider r(s) Ispecifyl Alcable Law" means all controlling applicable federal, state and local statutes, regulations, es and administrative rules and orders (that have the effect of law) as well as all applicable final, Table judicial opinions. amunity Association Dues, Fees, and Assessments" means all dues, fees, assessments and other that are imposed on Borrower or the Property by a condominium association, homeowners on or similar organization. w1ronic Funds Transfer" means any transfer of funds, other than a transaction originated by Iraft, or similar paper instrument, which is initiated through an electronic terminal, telephonic it, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit t an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse 4"B ow Items" means those items that are described in Section 3. " i0cellaaeous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any bird party (other than Insurance proceeds paid under the coverages described in Section 5) for: (i) damage) to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Proper ; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value dVor condition of the Property. (I) "M 'tgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. into V-eA(PA) tosoe) Pogo E of 16 Form 3039F/-0-1 nu 1° 948PG 1897 (O) "Per odic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, pl (11) any amounts under Section 3 of this Security Instrument. (P) "RE A" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implenne ling? ation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or addlEional or successor legislation or regulation that governs the some subject matter. As used in this curity Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "fed related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" un er PA. (Q) "3u m Interest of Borrower" means any party that has taken title to the Property, whether or not that arty has assumed Borrower's obligations under tfie Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS Solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY [Type of, Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]: SEE COMPLETE LEGAL DESCRIPTION DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A which currently has the address of MECHANICSBURG ("Property Address"): 2493 COPE DRIVE NORTH [Street] [City] , Pennsylvania 17055 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easem is, appurtenances, and fixtures now or hereafter a part of the roperty. All replacements and additio shall also be covered by this Security Instrument. All of the %reggoin is referred to in this Securi Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the t{{e?rests ted by Borrower in this Security Instrument, but, if necessary to comply with law or custom 1VIERS as nominee for Lender and Lender s successors and assigns) h the right: to exercise any or all o those interests, Including, but not limited to, the right to foreclose and sell the Property; and to take enaction required of Lender including, but not limited to, releasing and canceling this Security Instru t. lnntele ?- V-6A(PA) tosos) Page 3 of 16 Form 303 I BK t' 948PG 188 BORROWER COVENANTS that Borrower is. lawfully seised of the estate hereby conveyed and has the right 'Ito mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paymgnt of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepaym nt charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant ?to Section 3. Payments due under the Note and this Security Instrument shall be made In U.S. currency However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier' check, provided any such check is drawn upon an institution whose deposits are insured by a federal oncy, instrumentality, or entity; or (d) Electronic Funds Transfer. Pa enls are deemed received by Lender when received at the location designated in the Note or at such oth location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender 0nay return any payment or partial payment if the payment or partial payments are Insufficient to bring the Loan current. Lender may accept any payment or partial payment Insufficient to bring the Loan current, (without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender Is not obligated to apply such payments at the time such payments are accepted If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest On unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and ibis Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. ;Application of Payments or Proceeds. Except as otherwise described in this Section 2, all paymenaccepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If I,Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufilClOt' amount to pay any late charge due, the payment may be applied to the delinquent payment and the late (charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from rrower to the repayment of the Periodic Payments if, and to the extent that, each payment V-8A(PA) (osoa) Pop a or 16 Form 303 1101 till UA ! =4 8 PG 9 can be paid In full. To the extent that any excess exists after the payment Is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described In the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. #unds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the dote, until the Note Is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) tuxes and assessments and other Items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all Insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance; premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, If any, be escrowed, by Borrower, and such dues, fees and assessmo'nts shall be an Escrow Item. Borrower shall promptly funish to Lender all notices of amounts to be pall rider this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrowe?'s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be In wri ' . In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall f h to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" Is used In Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay', such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given In accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Leader may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reaso4lo estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held In an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender Is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyziing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender can agree In writing, however, that interest Inlt 110 V-6A(PA) (osoe) repo s or is Fort 303 1 Bk194.6xG.1.SO Q, shall be aid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower! for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender a amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly gyments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the d deny in accordance with RESPA, but in no more than 12 monthly payments. Up n payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. arges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attribute le to the Property which can attain priority over this Security Instrument, leasebold payments or ground runts on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the We* that these items are Escrow Items, Borrower shall pay them In the manner provided in Section 3. Borirower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lend r, but only so long as Borrower Is performing such agreement; (b) contests the lien in good faith by, or d fends against enforcement of the lien In, legal proceedings which In Lender's opinion operate to prevent he enforcement of the lien while those proceedings are pending, but only until such proceedings are cone uded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. WI n 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender In connection with this Loan. 5ropr,rty Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require 'Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determi a?tlon, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. In V-eAIPA) Wsos) rap a of Is Form 303 1/01 OX 194s.PG I.90 ? If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverages at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity In the Property, or the contents of the Property, against any risk, hazard of liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the N e rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All !, Insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgag and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificat If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal (notices. If Borrower obtains any form of Insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be appliied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires' interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest ',or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied In the order provided for in Section Z. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the Insuran carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period *91 begin when the notice is given, In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds In an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any' other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. In V-9A(PAI) rosoal Paso 7 of is Form 303 1101 l1v 19-48A 19.02. 6. pcmpancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwis ' agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumsk exist which are beyond Borrower's control. 7. reservatlon, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, ''!damage or impair the Property, allow the Property to deteriorate or commit waste on the Property; Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless It Is determined pursuant to Section 5 that repair or restoration Is not economically feasible, Borrower shall promptly repair the Properly if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair) or restore the Property, Borrower Is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may Inspect the interior of the improvements on the Property. Lender shall give Borrow notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowled a or consent gave materially false, misleading, or inaccurate Information or statements to Lender (or fall to provide Lender with material information) in connection with the Loan. Material represe a'tions include, but are not limited to, representations concerning Borrower's occupancy of the Property) as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Seourity Instrument. If (a) Borrower fails to perform the covenants and agreements contained In this Security Instrument, (b) there Is a leo proceeding that might significantly affect Lender's Interest In the Property and/or rights under this Security Instrument (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reason is or appropriate to protect Lender's Interest in the Property and rights under this Security Instrum trt, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which I#as priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys'' fees to protect Its Interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property Includes, but is not limited to, entering the Properly to make repairs, change locks, replace or board up doors and windows, drain water from s, eliminate building or other code violations or dangerous conditions, and have utilities turned on or oj f. Although Lender may take action under this Section 9, Lender does not have to do so and is not under a iyr duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions ctthorized under this Section 9. InitNlt " V-6A(PA) lososf Pap 8 of 16 Form 3039 1/01 0?194.8.P'!303,. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. this Security Instrument Is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee tide shall not merge unless Lender a sees to the merger in writing. 10. ortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrows shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mo ge Insurance coverage required by Lender ceases to be available from the mortgage Insurer that previous y provided such insurance and Borrower was required to make separately designated payments toward he premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously In effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage' insurer selected by Leader. If substantially equivalent Mortgage Insurance coverage is not avallabl , Borrower shall continue to pay to Lender the amount of the separately designated payments that were duo when the Insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refun4able, 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 loss reserve. Lender can no longer require loss reserve ayments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provid by an insurer selected by Lender again becomes available, is obtained, and Lender requires separate y designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insur a as a condition of making the Loan and Borrower was required to make separately designated paymen toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance In effect, or to provide a non-refundable loss reserve, until Lender's require ent for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender roviding for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter Into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another Insurer, any reinsurer, any other entity, or any atlillate of any of the foregoing, may receive (directly or indirectly) amounts that derive m (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange' for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provide that an affiliate of Lender takes a share of the Insurer's risk in exchange for a share of the premiu paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a Any such agreamants will not affect the amoanb that Borrower has agreed to pay for Mortgg??gpInsurance, or any Ater terms of the Loan. Bach agreemenb will not increase We amount Borrovsar will owe for Mortgage Insurance, and they will not ontitle Borrawer to any rtsfnnd. ['A I V-6A(PA) tosoa} Peso s of 15 Form 303 1 /01 "U 1948A 1 9.0.4 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortga Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may in Ode the right to receive certain disclosnres, to request and obtain cancellation of the Mort Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund f any Mortgage Insurance premiums that were unearned at the time of such cancellation or 11.Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned teo and shall be paid to Lender. Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of If jee the Pro ty, if the restoration or repair is economically feasible and Lender's security is not lessened. pair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds During h re until L er has had an opportunity to Inspect such Property to ensure the work has been completed to Lender' satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs nd restoration in a single disbursement or in a series of progress payments as the work is complet dl,. Unless an agreement is made In writing or Applicable Law requires interest to be paid on such Miscell tons Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Misce sous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lesse ed, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied n the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceed$ shall be applied to the sums secured by this Security Instrument, whether or not then due, with the exc s, If any, paid to Borrower. In lie event of a partial taking, destruction, or loss In value of the Property in which the fair market value o Ilse Property Immediately before the partial taking, destruction, or loss in value is equal to or greater n the amount of the sums secured by this Security Instrument immediately before the partial taking, Bstruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured Immediately before the partial king, destruction, or loss In value divided by (b) the fair market value of the Property immediately before t e partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property Immediately before the partial taking, destruction, or loss in value is less than the amount j of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Oppas g Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrow' r fails to respond to Lender within 30 days after the date the notice Is given, Lender is authorized to co t and apppty the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums s d by t1els Security Instrument, whether or not then due. "Opposing Party" means the third party that or orrower Miscellaneous Proceeds or the party against whom Borrower has a right of action In regard iscellaneous Proceeds. B er shall be in default If any action or proceeding, whether civil or criminal, is begun that, In Lendedgment, could result in forfeiture of the Property or other material impairment of Lender's inthe Property or rights under this Security Instrument. Borrower can cure such a default and, If acceleri(tion has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be aeu V-BATA) (osoe) Page 10 of 7s Form 303 101 BK 19?48-PG 1-9.06. dismissed with a ruling that, In Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's Interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's Interest in the Property are beret#yy assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied I a the order provided for in Section 2. 12.1 Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment'ior modification of amortization of the sums secured by this Security Instrument granted by Lender to Burro r or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or anyy S cessors In Interest of Borrower. Lender shall not be required to commence proceedings against any Suc essor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortiza on of the sums secured by this Security Instrument by reason of any demand made by the original Borrow or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy ncluding, without limitation, Lender's acceptance of payments 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 precludes the exercise of any right or remedy. 1K Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs) this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of? this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-sign 's consent. Su joct to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrow is obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of r?rower s rights and benefits under this Security Instrument. Borrower shall not be released from Borrow is obligations and liability under this Security Instrument unless Lender a ees to such release in writing.) The covenants and agreements of this Security Instrument shall bind reexcept as provided In Section 20) and benefit the successors and assigns of Lender. 14 Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee Eo B grower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees tba? are expressly prohibited by this Security Instrument or by Applicable Law. If are Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that thee, Interest or other loan charges collected or to be collected in connection with the Loan exceed the permittedlimits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge o the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whe(her or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. I$. Notices. All notices given by Borrower or Leader in connection with this Security Instrument must be In writing. Any notice to Borrower In connection with this Security Instrument shall be de ed to w, h V-8A(PA) tosoa) Page 11 of 16 Form 303 1101 CIV.1, 9,4 8.PG.19 0.6. have be given to Borrower when malled by first class mail or when actually delivered to Borrower's notice ad if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless A placable Law expressly requires otherwise. The notice address shall be the Property Address unless B mower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify L nder of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change o address, then Borrower shall only report a charge of address through that specified procedure. There y be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering It or by mailing it by first class mail to Lender's address stated h?xeia unless Lender has designated another address by notice to Borrower. Any notice in connecti¢n with this Security Instrument shag not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be govern by federal law and the law of the jurisdiction in which the Property is located. All rights and obliggaalio contained In this Security Instrument are subject to an requirements and limitations of Applice le Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might silent, but such silence shall not be construed as a prohibition against agreement by contract. In the even that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, su h conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include correspo $ing neuter words or words of the feminine gender; (b) words in the singular shall mean and Include rho plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any seller. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. Itl.l Transfbr of the Property or a Beneficial Interest in Borrower. As used In this Section 18, "Interest In the Property" means any legal or beneficial interest in the Property, Including, but not limited to, those beneficial Interests transferred in a bond for deed, contract for deed, Installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If nll 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 beneflcaal Interest in Borrower is sold or transferred) without Lender's prior written onsent, Lender may require immediate payment in full of all sums secured by this Security Instrum . However, this option shall not be exercised by Lender if such exercise is prohibited by Applica to Law. If onder exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide 'period of not less than 30 days from the date the notice is given in accordance with Section 15 within v?rhich Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these ms prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 1% Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower' shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of We contained in this Ser ty Instrument; (b) such other period as Applicable Law might specify for the termination of Borrow is right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as If no acceleration had occurred; (b) cures any default of any other covena s or In V-0A(PA) Iowa) Pegs 12 or 10 Fenn 3039 1101 BK'.1, 9148A 190 agreem ii ; (c) pays all expenses incurred In enforcing this Security Instrument, including, but not limited to, reable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purposprote cting Lender's Interest in the Property and rights under this Security Instrument; and (d) takes su h' action as Lender may reasonably require to assure that Lender's interest in the Property and rights u? Or this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrumeril, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check Is drawn upon an Institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply In the case of acceleration under Section 18. 20.j gale of Note; Change of Loan Servicer; Notice of Griavance. The Note or a partial Interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrowr. A sale might result In a change In the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there Is a change of the Loan Servicer' ]Borrower will be given written notice of the change which will state the name and address of the new Lon Servicer, the address to which payments should be made and any other information 12ESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed ley the Note purchaser unless otherwise provided by the Note purchaser. Ne I er Borrower nor Lender may commence, join, or be joined to any judicial action (as either an Individudl', litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason if this Security Instrument, until such Borrower or Lender has notified the other party (with such notice uen in compliance with the requirements of Section 15) of such alleged breach and afforded the other rty hereto a reasonable period after the giving of such notice to take corrective action. If Applica lie Law provides a time period which must elapse before certain action can be taken, that time period ll be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportu' ty to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borro r pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action ''vlslons of this Section 20. 21 H=rdoua Substances. As used in this Section 21: (a) "Hazardous Substances" are those substan es defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the foil 0 substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and her tides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Ein r*onrnental Law" means federal laws and laws of the jurisdiction where the Property Is located that relate to (health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, Omedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otberwise trigger an Environmental V-6A(PA) (0508) Pogo 13 of 16 Form 303 /01 $K,1.94.8PG 13:0-8 Bo ower shall not cause or permit the presence, use, disposal, storage, or release of any. Hazardous Subst n or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Substance, creates a condition that adversely affects the value of the Property. The precedin ll not apply to the ppresence, use, or storage on the Property of small quantities 0 two aces sha HazalMoe HazaSubstances that are generally recognizzed to be appropriate to normal residential uses and to mainof the Property (including, but not limited to, hazardous substances in consumer products). Bo Irwer shall prompQy give Lender written notice of (a) any investiggaation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private p imfolving the Property and any Hazardo Substance or Environmental Law of which Borrower fias actual knowledge, (b) any Enviro fatal Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release fany Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any olvernmental or regulatory authority, or any private p , that any removal or other remediatlon of any a does Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedla ctions !n accordance with Environmental Law. Nothing herein shall create any obligation on Lender # an Environmental Cleanup. N l?-UMFORM COVENANTS. Borrower sad Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notke to Borrower prior to acceleration following Borr s breach of any covenant or agreement in this Security Instrument (but not prior to acceler a under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borr o$ among other thingr, (a the default; (b) the action required to cure the default; (c) when the d u?lt must be oared; and () that failure to cure the default as specified may result in accekr ?on of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of is Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the tight to assert In the foreclosure proceeding the non-existence of a default or any other defense of? Borrower to acceleration and foreclosure. If the defi{ult is not cured as specified, Leader at its opt may require immediate payment in fall of all sums secured by this Security Instrument wlthoat ther demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be titled to collect all expenses incurred in pursuing the remedies provided in this Section 22, inched but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23 Release. Upon payment of all sums secured by this Security. Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and sa sf'y this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borro r a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services render and the charging of the fee Is permitted under Applicable Law. 24 Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and hom"' tead exemption. 25'' Xteinstatenent Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour p or to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrum alt. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 2 Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. IN, V.BA(PA) (osoo) Page 14 of 16 Form 30 1101 8l{ 19418-PG 1 9.01 9 BY SIGNING BELOW, Borrower accepts and agrees to the ternn.s and covenants contained in this Security' Instrument and in any Rider executed by Borrower and recorded with it. Witness0s: Seal} (Seal) J a, GS -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower _ (Seal) (Sean -Borrower -Borrower (Seal} (Seal) -Borrower -Borrower V-GA(P4) (osom Pago 15 or 15 Form 3039 1/01 DMIL" 1 94 ON 19 .1 0 1 Y yt ? COMMONWEaTH OF PENNSYLVANIA, County as: QtuPA;? On this, the V O day of `pj U d (p , before me, the undersigned officer, personally appeared JOSEPH''L. HITCHINGS known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official sea]. My Commission Expires: Title of Officer Certificate of Residpoe I, J, Af2 l,. do hereby the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 2,14j- ,]"III V this -to be recorded 'ljnlb,. rl:i;i,Z County PA v-M(t ,A) (osos) 1:' ?? : ?? c?el' of Deeds OLt. `1 9-481PG wtfd ? V 1 Pogo 16 or 1e Form $0 1/01 5(FRO 13:42 MC5HRNE & HITCHIN65. LLC (FRX)717 657 2-060 P. p06/i "BM MID ~ FRX No. t7172459%61 Mar. 31 01: 'M R5 O ?'aL G 4 start av %at at pray 40ta?rr q?CW04 ?p VMC SLIM l!jAlY . to 61 b w' N*6 grid d 1,b?4 • Of Capp vrt Alit L1M ds ch &a dspra.a a •A +tMO SA ;Wig '4$00 0 if Lore. 013 11 eoOR16 Pi" A 4"WO' Um s "A %i ptwadr 4 ats ad 04o law to ------•-- ,e rn sp o+r?+arui Marls ? ? s ?? mmm +a WMOMIM n12#6 pqum stay. do" aw wt 1Qa. id sto wimtow i+ succo 0 ?NM? A 011 g! Adc"mimue pd WCOMVP no emm wivai O"m slim 29 PION* 49 idallAdd IN* lk ad PUGG ad p 03 CIt1CM1 ?CI? ilah}bGMlbfd1NXNM? P. it. ts. Ipa, swaoo Amu is 1 2100. 04 eawl!lgis 2.1 of hbo my Aw ru CONCASOV4 wwouatfo ,till" to a" 0 g'?, sa rues " p sariesd. by %c ;Uw 4b4 bd the eld An" NU sae aO• ;huhAil P.A.D. • lohaua Z# U# =bds aad stdaga4d 96pt6mbwr S4. ZON in nom Wdak 134 $*W %3. ?Idb?•a "?M - ?? ?g r?et 388 qUA db Copy t NOTE 0106018 MIN 1001i208571g696S88 MFRS Phone: 1-888+879-0377 LOAN NO.: 40583873 e1?, tr<c. 9 WASa APRIL 21,, 2008 NEW CUMB84AND PENNSYLVANIA [Dated [City) [State] 2413 COPE DRIVE NORTH, MECHANICSBURG, PA 17055 [Property Addmssl 1. BORROWER{ S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 228,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender Is MORTGAOBT, INC. I will make all payments under this Note in the form of cash, check or money order. I understand I 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 7.250 %. The interest mate 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 p ncipai and interest by making a payment every month. I will make monthly payment on the 1st day of each month beginning on JUNE, 2006 1 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 MAY 01, 2030 , I still owe amounts under this Note, I will pay those amounts in foil on that date, which is ' called the "Maturity Date." I will make ray monthly payments at MORTGAGEIT, INC. P.O. BOX 79136, P OENW, AZ 85062-9135 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly !payment will be in the amount of U.S. $ 1,555.36 4. BORROWS 'S RIGHT TO PREPAY I have the ri ht to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." Wen 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 thle accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount Of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE RXEO RATE NOTE-Single Family-Fannie Mae/Freddte Mac UNIFORM 1NSTRUME Nr VMP-6N (0207) Paso t or 3 Inlttals• Form 00 IN) LENDER SUPPORT SYSTEMS, INC. SN.NEW (02105) 5. LOAN CHARMS 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 biv the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from 41 me which exceede41 permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe un er this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayjment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Champ for Overdue Payments If the Note molder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is One, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If i do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice otDefault 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 Doke 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 otherlmeans. (D) No Wainer By Note Holder Even if, at 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 1 am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note older has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by e'for all of Its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, tdr example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless appli able law requires a different method, any notice that must be given to me under this Note will be given by delivering it or mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of, dry different address. Any notice that most 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 Mote Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE if more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to o these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this ' Note, is also obligated to keep all of the promises made In this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Preseniment" m 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. Initials. VMP-5N to2on Page 2 or 3 Form Oo 1l01 0 r-W-1 LIAI? 10. UNIFORM SI CURED NOTE This Note Is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I db not keep the promises which I make in this Note. That Securi Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I otie under this Note. Some of those conditions are described as follows: If al 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 NU of all sutras secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Louder exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide period of not less than 30 days from the date the notice is given in accordance with Section 15 within w;ich Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prig to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrumenlt without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) Mower - (Seal) -Borrower - (Seal) -Borrower (Seal) FOR VALUE RJ?CEIVED. P* To The Ordeh 01"Mwer WobourRAC011'se' MortgaolT . By A 10 1 Mary tdattty? - (Seal) -Borrower - (Seal) -Borrower _. (Seal) -Borrower - (Seal) -Borrower VMR5N cozon Page 3 of 3 Form 3200 1101 Troo Copy 1111rodginal MIN 0011208571889 818 ON Phone. 1-888 71-6377 NOTE LOAN NO., !I?? Itla. WITH BALLOON PAYMENT 40583877 THIS LOA" IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE I OF THE LOAN AND UNPAID INTEREST THEN DUE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME YOU WRL, THEREFORE, BE REWIRH7I TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HA TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING O LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HA TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW L N BEEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER APRIL 21, 2006 NEW CUMBERLAND PENNSYLVANIA Date city State 2413 COPE DRIVE NORTH, MECHANICSBURG, PA 17055 Property Address 1. BORROWER' S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 57,000.00 (this amount will be called principal"), plus interest, to the order of the Lender. The Lender is MORTGAGE IT, INC . 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 will be called the "Note Holder." 2. INTEREST I will pay interest at a yearly rate of 8.500 %. Interest will be charged on unpaid principal until the full amount of principal has been paid. 3. PAYMENTS I will pay prinC pt}I and interest by making payments each month of U.S. $ 438.28 I will make my ?8ymenIs on the 1st day of each month beginning on JUNE, 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. If, on MAY 01, 2021 , 1 still owe amounts under this Note, I will pay all those amounts, in full, on that date. I will make m monthly payments at MORTGAGE IT, INC P.O. BOX 79135, PHOENDC, AZ 85062-9135 or at a different place if required by the Note Holder. 4. BORROWER'S ALLURE TO PAY AS REQUIRED (A) Late Char for Overdue Payments If the Note Hole er has not received the full amount of any of my monthly payments by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment, but not less than U.S. $ 5.00 and not more than U.S. $ 21.91 1 will pay this late charge only once on any late payment. (B) Default If I do not pay the full amount of each monthly payment by the date stated in Section 3 above, I will be In default. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described below, the Note Holder will still have the right to do so if I am M default at a later time. -', SECOND MORTGAGE - 1180 - FNMA/FHLMC UNIFORM INSTRUMENT V75(PA) (o2om.o7 Modred for Balloon Page t or 3 Initials. Form 3939 ODI 1 LENDER SUPPORT SYSTEMS INC. ZNDBL-PA.NEW (07105) M M (C) Notice froth Note Holder If I am in def*d(, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date the Note Holder may require me to pay Immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or, if it is not mailed, 30 da s after the date on which it Is delivered to me. (D) Payment f!Note Holder's Costs and Expenses If the Note H der has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back for all of is costs and expenses to the extent not prohibited by applicable law. Those expenses Include, for example, reasonable attorneys' fees. S, THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated Al VL 21, 2006 , protects the Note Holder from possible losses which might result if I do not keep the promises which I'make in this Note. That Mortgage describes how and under what conditions I may be required to make Immediate payment full of all amounts that I owe under this Note. 6, BORROWER'S 1AYMBNTS BEFORE THEY ARE DUE I have the rig 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 a letter that I am doing so. A prepayment of all of the unpaid principal is own as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment," I may make a dull prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to red ce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no delays In the due d tds or changes In the amounts of my monthly payments unless the Note Holder agrees In writing to those delays or changes. may make a full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require me to make a prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. 7. BORROWER' S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as"pre etitment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who arses to pnake payments to the Note Holder if I fail to keep my promises under this Note, or who signs this Note to transfer it t someone else also waives these rights. These persons are known as "guarantors, sureties and endorsers." 8. GIVING OF NC TWES Any notice th t'must be given to me under this Note will be given by delivering It or by mailing it by certified mail addressed to me at he Property Address above. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by certified mail to the Note Holder at the address stated In Section 3 above. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. Inlt FO V 75(PA) (azos),oi Moarr.a rw saloon Paso 2 or 3 Form 3939 ((((??TI'T'J ODIFlH) N M 9. RESPONSMILITY OF PERSONS UNDER THIS NOTE If more than e person signs this Note, each of us is filly and personally obligated to pay the full amount owed and to keep all of the pro Rises made In this Note. Any guarantor, surety, or endorser of this Note (as described In Section 7 above) is also obligated to o these things. The Note Holder may enforce its rights under this Note against each of ns individually or against all of as t Cher. This means that any one of us may be required to pay all of the amounts owed under this Note. Any person who takes, ver my rights or obligations under thls Note will have all of my rights and must keep all of my promises made in this Note Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Sectlo? 7 above) is also obligated to keep all of the promises made In this Note. Sea d L Htr ( n (Seal) -Borrower -Borrower - (Seal) (Seal) -Borrower -Borrower (Seal) (W -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower FOR VALUE REr lEr,, 09y To The Otdef Df (Sign Original Only) Wolioul; Fftoti ft: ., IVilocbagI, inc. 8y, p sslst .56cretOXY Tide. tJatxir V-75(PA) woe).oi Mom ed for Balloon Pape 3 or 3 Form 3939 - MODIFIED UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings a udren.com Bank of America, N.A Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. MORTGAGE FORECLOSURE JOSEPH L. HITCHINGS, Defendant(s) NO. 2012-1796 AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 ? ra C- _ CD `- _y Cm r C? i THE UNDERSIGNED states based upon a search of the Department of Defense Manpower Data Center for the Defendant(s), that the Defendant(s), JOSEPH L. HITCHINGS, who/each of whom is over 18 years of age is/are not in active military service as defined in the Servicemembers' Civil Relief Act. The Military Status Report(s) is/are attached hereto as Exhibit "A". The Affiant lacks sufficient information to be able to determine whether any other Defendants in this action are in active military service because Plaintiff cannot provide date(s) of birth and/or Social Security number(s) for said Defendant(s) to enable a search. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: October 22, 2012 Attorney for Plaintiff Mark 3. Udren, Esquire PA ID 04302 MJU#: 12020204 CASE#: 12020204-1 "V7 Department of Defense Manpower Data Center Status Rqxnt Pursuant to 5ervicemembers Civil Rehef Act Last Name: HITCHINGS First Name: JOSEPH Middle Name: Active Duty Status As Of: Oct-22-2012 Results as of : Oct-22-2012 01:41:43 SCRA 2.3 On Active Duty On Active Duty Status Date Active Duty Start Data Active Duty End Date status Service Component NA NA No NA This response reflects .theindivlduals' active duty status based on the Active :Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Nottfcation Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or. hither unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NCAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. r-w-vasian, '4v?? Amt A Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 181 N Eo The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 at seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 4QOGIM7SNH u , /AL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) c;w CAPTION OF CASE (entire caption must be stated in full) m � �- 2� r— -n r Bank of America, N.A. successor by merger to BAC Home Loans Servi SEA✓iCiivq L LE; lo ti /wi o% f7�v tii.� �ofuJ VS. a ` Joseph L. Hitchings v No. 2012 1796 (errs . 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): i 2. Identify all counsel who will argue cases: (a) for plaintiffs: Sherri J. Braunstein, Esquire (Name and Address) Udren Law Office, 111 Woodcrest Road, Cherry Hill, NJ 08033 (b) for defendants: Joseph L. Hitchings, Esquire (Name and Address) 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 9 o d .� Signatur Sherri J. Braunstein, Esquire PA ID 90675 Print your name Date: JUI yT- , 2013 Attorney for INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. 419 I5 PQ AV Y C15 a3gq 12020204-2 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: SHERRI J. BRAUNSTEIN,ESQUIRE -PA ID: 90675 WOODCREST CORPORATE CENTER Ill WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings udren.com Bank of America,N.A. successor by merger COURT OF COMMON PLEAS to BAC Home Loans Servicing, LP fWa CIVIL DIVISION Countrywide Home Loans Servicing, LP Cumberland County Plaintiff -n-M C= V. ED C-') Joseph L. Hitchings CD NO. 2012-1796 Defendant PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff,Bank of America,N.A. successor by merger to BAC Home Loans Servicing, LP fWa Countrywide Home Loans Servicing,LP,by and through its counsel,Udren Law Offices, P.C., and the undersigned Attorney,respectfully requests your Honorable Court to enter an Order granting Summary Judgment in the above-captioned matter for the following reasons: 1. There are no genuine issues as to any material fact, and therefore,Plaintiff (moving party) is entitled to Judgment as a matter of law. 2. Defendant Joseph L. Hitchings filed an Answer to the Complaint in which Defendant effectively admitted all of the allegations in the Complaint. 3. At the time of this pleading,Defendant owned the premises being foreclosed without making a mortgage payment for an excessive period of time. 4. Defendant admits outright, and/or in part,paragraphs 2 of the Complaint, thereby admitting, inter alia,that Defendant is the real owner and mortgagor of the within mortgaged property. 5. Although Defendant purports to deny and/or fails to deny, in whole or in part, specifically or by necessary implication,the averments contained in paragraphs 1, 3, 4, 5, 6, 7 and 8 of the Complaint, in reality, said denials are improper and should be deemed as admissions for the reasons set forth in the attached Memorandum of Law. 6. Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et M.) and Act 91 (35 P.S. Section 1680.401c, et 5Q.). See Exhibit "0" attached hereto. Plaintiff has an express contractual right pursuant to the terms of the Mortgage (paragraph 22) to charge the Defendant attorneys fees as a consequence of the initiation of the within action in mortgage foreclosure. In addition to the amounts due and owing as set forth in the Complaint, additional sums have accumulated since the filing of the Complaint,pursuant to the terms of the Mortgage. The total amounts due and owing,which sums can be calculated from the face of the Complaint, are as follows: Principal $ 214,924.22 Interest from 02/01/11 to 04/11/13 @ 7.250 % $ 32,187.90 (Per Diem $42.6904) Property Inspections $ 110.50 Cumulative Late Charges $ 79.04 Title Fees $ 225.00 Subtotal $ 249,526.66 Escrow Advances $ 7,125.40 Taxes $ 5,307.40 PMI/MIP Insurance $0.00 Hazard Insurance $ 1,818.00 Total $ 256,652.00 WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion for Summary Judgment, and that Judgment be entered, in Lem, as prayed for in the Complaint in favor of the Plaintiff and against the Defendant, Joseph L. Hitchings, in the amount of $256,652.06,together with ongoing per them interest,escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. Respectfully submitted, UDREN LAW OFFICES,P.C. By: Sherri J. Braunstein, Esquire Attorney for Plaintiff/Movant Bank of America,N.A. successor by IN THE COURT OF COMMON PLEAS OF merger to BAC Home Loans Servicing, LP CUMBERLAND COUNTY, PENNSYbVANIA' ; f/k/a Countrywide Home Loans w j Servicing, LP CIVIL ACTION—LAW Cn Plaintiff L1T V. CD NO. 2012-1796 CIVIL TERM 4T Joseph L. Hitchings - ' Defendant SUGGESTION OF BANKRUPTCY PLEASE TAKE NOTICE that the defendant in the above-captioned matter, Joseph L. Hitchings, commenced Chapter 7 bankruptcy proceedings on August 8, 2013, in the United States Bankruptcy Court for the Middle District of Pennsylvania(In re Joseph Lance Hitchings, Case No. 1-13-bk-14108). A copy of the defendant's Notice of Bankruptcy Case Filing is attached hereto as Exhibit "A." Pursuant to 11 U.S.C. § 362 (a), further proceedings in the above-captioned matter are stayed. Respectfully submitted, Date: August 8, 2013 �/ 4�� Philp C. Br ganti, Esquire Bankruptcy Counsel for Joseph L. Hitchings 74 W. Pomfret Street Carlisle, PA 17013 Supreme Court ID No. 54852 (717) 960-0005 (phone) (717) 960-9940 (fax) USBC PAM - LIVE - VERSION 5.1 Page 1 of 2 0 United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under , Chapter 7 of the United States Bankruptcy Code, entered on 08/08/2013 at 11:44 AM and filed on 08/08/2013. Joseph Lance Hitchings ' `fart 2413 Cope Drive Mechanicsburg, PA 17055 SSN/ITIN: xxx-xx-9609 Tax ID/EIN: 16-1621852 dba Law Offices of Joseph L. Hitchings dba Hitchings Law Office The case was filed by the debtor's attorney: Philip Charles Briganti 74 West Pomfret Street Carlisle, PA 17013 717 960-0005 The case was assigned case number 1:13-bk-04108. In most instances,the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. To view the bankruptcy petition and other documents filed in this case,please visit the following Internet link: http://ecf.pamb.uscourts.gov/There is an .08 fee per page or page view(charges do not apply up to the first per calendar year) and you must first register at this web site: http://pacer.psc.uscourts.gov/Public access computer terminals are also available at the Clerk's Office's two locations, 9:00 am to 4:00 pm, M-F (closed on all federal holidays): Max Rosenn US Courthouse, 197 South Main Street, Wilkes-Barre, PA 18701 and Ronald Reagan Federal Building and Courthouse, 228 Walnut Street,Harrisburg, PA 17101. You may be a creditor of the debtor. If so,you will receive an additional notice from the court setting forth important deadlines. Terrence S. Miller Clerk, U.S. Bankruptcy Court , T https://ecf.pamb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?229567 8/8/2013 M Bank of America,N.A. successor by IN THE COURT OF COMMON PLEAS OF merger to BAC Home Loans Servicing, LP CUMBERLAND COUNTY, PENNSYLVANIA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION—LAW Plaintiff V. NO. 2012-1796 CIVIL TERM Joseph L. Hitchings Defendant CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I did this 8'" day of August, 2013, serve a copy of the foregoing Suggestion of Bankruptcy filed in this case upon the following by first- class U.S. mail,postage prepaid: SHERRI J. BRAUNSTEIN, ESQ. UDREN LAW OFFICES WOODCREST CORPORATE CENTER 111 WOODCREST RD. , SUITE 200 CHERRY HILL, NJ 08003 Philip C. Bri nti, Esq. Counsel for Debtor(s) LAW OFFICE OF PHILIP C. BRI6ANTI 74 W. Pomfret Street Carlisle, PA 17013 (717) 960-0005 "fed- o1 ce O r o i,a'1o/eJ`1{ PRAECIPE FOR LISTING CASE FOR ARGUMENT OW' 3 U eC 11 �� C ee/Canc/ O '7 (Must be typewritten and submitted in triplicate) Penns y G Pe?n 07 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Bank of America, N.A. successor by merger to BAC Home Loans Servicing, 1.-P c/t - a CountrAwide Home L-Dams Scrvicilnc) LP Joseph L. Hitchings No. 2012 1796 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Sherri J. Braunstein, Esquire (Name and Address) Udren Law Offices, P.C., 111 Woodcrest Road, Cherry Hill, NJ 08003 (b) for defendants: Joseph L. Hitchings, Esquire (Name and Address) 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Next Available Sig ..I - Sh- . _ - • - , squire PA ID 90675 Print your name Plaintiff (� q j Attorney for 9 C �. . Date: ` INSTRUCTIONS: ff 6/390 1. Original and two copies of all briefs must be files wiinne Ci�fir'cT (/ ADMINISTRATOR(not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument.�-,t�0�� 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. BANK OF AMERICA. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA Plaintiff /al-1'7q& V. CASE NO.204--44746— JOSEPH L. HITCHINGS, IN MORTGAGE FORECLOSURE Defendant PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Robert L. O'Brien,Esquire as counsel for Bank of America in the above matter, limited to appearance at the Argument Court scheduled for February 14, 2014. Robert L. O'Brien I. D. 28351 19 West South Street Carlisle, PA 17013 .z? Dated: February 12, 2014 zr'? cam + -TIM, C , CD UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America,N.A COURT OF COMMON PLEAS 16001 North Dallas Parkway,Addison,TX CIVIL DIVISION 75006 Cumberland County ^°,j Plaintiff :;r- V. MORTGAGE FORECLOSURE Joseph L.Hitchings NO. 2012-1796 c/o Joseph L.Hitchings,Esquire,Rossmoyne ° Business Center,5000 Ritter Road,Suite 202, x-A C', Mechanicsburg,PA 17055 _ Defendant(s) PRAECIPE FOR JUDGMENT BASED ON CONSENT AGREEMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s),JOSEPH L.HITCHINGS pursuant to the Consent Agreement dated on 2/11/2014 and 2/12/2014 (in accordance with the Complaint)and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Consent Agreement $228,000.00 TOTAL $228,000.00 I hereby certify that(1)the addresses of the Plaintiff and Defendant are as shown above, and(2)that a true and correct copy of the Praecipe has been mailed pursuant to Pa.R.C.P. Rule 237. UDREN LA F ES,P.C. BY: Attorney for-PlaiAfiff DAMAGES HE BY ASSESSED AS INDICATED D DATE: Lj PRO PRO MJU#: 12020204 CASE#: 12020204-1 - �d/'P/90� o�Cj 61OLk. UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF SHERRI J. BRAUNSTEIN,ESQUIRE ATTY I.D.NO. 90675 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003 pleadinp,s @udren.com Bank of America, N.A., Successor by Merger to : COURT OF COMMON PLEAS BAC Home Loans Servicing, LP f/k/a CIVIL DIVISION Countrywide Home Loan Servicing LP Cumberland County Plaintiff V. Joseph L. Hitchings NO. 2012-1796 Defendant CONSENT JUDGMENT IN MORTGAGE FORECLOSURE This Consent Judgment in Mortgage Foreclosure ("Agreement") is made and entered into as of the last day set forth on the signature page ("Effective Date) by and through counsel for Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loan Servicing LP, ("Plaintiff'), Sherri J. Braunstein, Esquire, and Joseph L. Hitchings, Esquire ("Defendant"), (collectively, the "Parties"), for the purpose of resolving by compromise and settlement of all claims, arising out of the Foreclosure Action as follows: WHEREAS, Plaintiff is the holder of the Mortgage given by Defendant, dated April 21, 2006, in the original principal amount of$228, 000.00, recorded on April 28, 2006 in the Cumberland County Recorder of Deeds Office as Book 1948 and Page 1896 (hereinafter referred to as the "Mortgage") with regards to real property located at 2413 Cope Drive North, (Upper Allen Township), Mechanicsburg, PA 17055 (hereinafter referred to as the "Property"); Defendant's Initia WHEREAS, Defendant is the owner of the Property; WHEREAS, the Mortgage is in default because monthly payments on the Mortgage are due and unpaid as of March 1, 2011; WHEREAS,by the terms of the Mortgage, upon default in such payments for a period of thirty(30) days the entire principal balance and all interest due thereon are due forthwith; WHEREAS, Plaintiff instituted the within Action in Mortgage Foreclosure by Complaint on or about March 21, 2012 in the Court of Common Pleas of Chester County, No. 2012-1796; WHEREAS, on or about April 13, 2012, Defendant filed an Answer with New Matter in response to the Foreclosure Action; WHEREAS, on or about July 10, 2013, Plaintiff filed a Motion for Summary Judgment, which was originally scheduled to be heard for hearing on August 9, 2013; WHEREAS, on or about August 8, 2013, Defendant Joseph L. Hitchings, Esquire filed Chapter 7 Bankruptcy in the Middle District of Pennsylvania, No. 1:13-bk-04108-MDF, and received a Chapter 7 Discharge on November 11, 2013; WHEREAS, Plaintiff's Motion for Summary Judgment has been rescheduled for hearing on Friday, February 14, 2014; WHEREAS the Parties desire to settle the instant matter to avoid the expense and uncertainty of continued litigation; and NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt of which is acknowledged be each Party hereto which are incorporated herein by reference as terms of the Agreement, and intending to be legally bound, the Plaintiff and Defendant agree as follows: 1. An in rem judgment and for foreclosure and sale of the Property, is entered in favor of Plaintiff, its successors and/or assigns and against Defendant,Joseph L. Hitchings, in the amount Defendant's InitialsU2 ff of$276,386.89, pursuant to the terms and conditions of the Mortgage, and with additional ongoing per diem interest, escrow advances as well as any additional recoverable fees and costs expended by Plaintiff per the terms of the Mortgage, through the date of Sheriff's Sale. 2. In the event that prior to a scheduled Sheriff's Sale, it is determined that Plaintiff has expended sums with regard to the Property, including but not limited to real estate taxes, insurance, and/or other fees and costs, Defendant agrees not to oppose Plaintiff's filing of a motion for a reassessment of damages in order to increase the judgment to reflect expenditures made by Plaintiff. 3. Defendant hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to the Mortgage and the within foreclosure action. 4. This Agreement shall not be altered, amended, or modified by oral representation made before or after the execution of this Agreement. All modifications must be in writing and duly executed by all Parties. 5. The Parties acknowledge that this Agreement is executed voluntarily by each of them, without any duress or undue influence on the part of, or on behalf of any of them. The Parties further acknowledge that they have had the opportunity for representation in the negotiations for, and in the performance of, this Agreement by counsel of their choice and that they have read this Agreement and/or have had it fully explained to them by their counsel and that they are fully aware of the contents of this Agreement and its legal effect. 6. The Parties acknowledge that this constitutes the full and final accord and satisfaction and shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, agents, representatives, successors, and assigns. Defendant's Initials / % vt 7. This Agreement may be executed in any number of counterparts and all such counterparts shall be construed together and constitute a single form of this Agreement. CONSENTED AND AGREED TO BY: =Braun C• 1 Dated: Attorney ID#90675 Attorney for Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loan Servicing LP Josepp L. Hitchings, Esquire By Jo ph L. Hitc'ings, squire Dated: A torney ID#65551 Defendant Defendant's Initials UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings ,udren.com COURT OF COMMON PLEAS Bank of America,N.A CIVIL DIVISION Plaintiff Cumberland County V. MORTGAGE FORECLOSURE JOSEPH HITCHINGS, Defendant(s) NO. 2012-1796 AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states based upon a search of the Department of Defense Manpower Data Center for the Defendant(s),that the Defendant(s),JOSEPH HITCHINGS,who/each of whom is over 18 years of age is/are not in active military service as defined in the Servicemembers' Civil Relief Act. The Military Status Report(s) is/are attached hereto as Exhibit "A". The Affiant lacks sufficient information to be able to determine whether any other Defendants in this action are in active military service because Plaintiff cannot provide date(s)of birth and/or Social Security number(s) for said Defendant(s)to enable a search. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: February 19,2014 Attorn&ZIdmikiff 3a6)ii MJU#: 12020204 CASE#: 12020204-1 Department of Defense Manpower Data Center Results as of:Feb-13201408:55:16 AM SCRA 3.0 4D to Repod PLII mfl to Servi enwmbe1s Civil Relief Acct Last Name: HITCHINGS First Name: JOSEPH Middle Name: L Active Duty Status As Of: Feb-19-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA -No NA This response reflects the individuals'active duty status based onthe Active Duty Status Date Left Active Duty Within 367 Dlys of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active du status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. iLA LA A.111 )6k P1. r Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mi1/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 87P5RD68HODE7AO UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings(&,udren.com Bank of America,N.A COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. Cumberland County Joseph L. Hitchings MORTGAGE FORECLOSURE Defendant(s) NO. 2012-1796 C C-- ----- - -0 E) rn F.,;or PRAECIPE TO ISSUE WRIT OF EXECUTION •;,D II TO THE THE PROTHONOTARY: Issue Writ of Execution in the above matter: ic"..) s •• cp Amount due $228 000.00 Interest From 3/22/2012 $34 268.85 to Date of Sale 6/4/2014 Ongoing Per Diem of$42.57 to actual date of sale including if sale is held at a later date (Costs to be added) UDREN LAW OFFICES, P.C. BY:nr\G k) y4 Attorney or laintiff 41160 aka 09,Sb p pL N;RA Esquire MJU#: 12020204 CASE#: 12020204-1 fl 4 4 uom 10S, —1S te. LL ti 60/6.277. gb,7031 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings @udren.com Bank of America,N.A COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. Cumberland County Joseph L. Hitchings MORTGAGE FORECLOSURE Defendant(s) NO 2012-1796 rrl rn CERTIFICATE OF ACT 91 (1's%' cp a I hereby state that as the attorney for the Plaintiff in the above-captioned matte El Act 91 procedures have been fulfilled fl Premises is not subject to the provisions of Act 91 as this is an FHA insured mortgage This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: �.t 1.& 4 AttorneY for Plaintiff LaSiea, Esquire PA A ID 202194 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 leadin s ' udren.com Bank of America,N.A COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v' Cumberland County Joseph L. Hitchings MORTGAGE FORECLOSURE Defendant(s) NO. 2012-1796 AFFIDAVIT OF LAST KNOWN ADDRESS UNDER RULE 76 The Defendant(s)last known address is as follows: JOSEPH L.HITCHINGS ._ C/O JOSEPH L.HITCHINGS,ESQUIRE ROSSMOYNE BUSINESS CENTER 5000 RITTER ROAD, SUITE 202 f MECHANICSBURG,PA 17055 y T JOSEPH L.HITCHINGS 2413 COPE DRIVE NORTH ca c MECHANICSBURG,PA 17055 This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. UDREN LAW OFFICES, P.C. tl2 J.Va Atto ey for Plaintiff Nicole LaBea, Esquire PA in ill 7i 4 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 leadin•s • udren.com Bank of America,N.A COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. Cumberland County Joseph L.Hitchings MORTGAGE FORECLOSURE 1/4103 Defendant(s) NO. 2012-1796 .. v AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 Bank of America,N.A, Plaintiff in the above action,by its undersigned attorney,upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 2413 Cope Drive North, (Upper Allen Township), Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Joseph L. Hitchings do Joseph L. Hitchings,Esquire Rossmoyne Business Center 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Joseph L. Hitchings 2413 Cope Drive North Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Joseph L. Hitchings do Joseph L. Hitchings,Esquire Rossmoyne Business Center 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Joseph L. Hitchings 2413 Cope Drive North Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Discover Bank 6500 New Albany Road New Albany, OH 43054 Cecelia Clark RR 3 Box 3099 Creslo, PA 18326 4. Name and address of the last recorded holder of every mortgage of record: Bank of America,N.A 16001 North Dallas Parkway Addison,TX 75006 Sr Mortgage Holders -None Mortgage Electronic Registration Systems,Inc., acting solely as a nominee for Mortgage It, Inc. P.O. Box 2026 Flint, MI 48501 5. Name and address of every other person who has any record lien on the property: Sr lien Holders -None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupants 2413 Cope Drive North Mechanicsburg, PA 17055 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: Federal Tax Lien Holders -None Condo/Homeowners Association -None I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: 4-- (L UDREN LAW OFFICES, P.C. BY: (A41:0 Attorney�for Plaintiff MJU#: 12020204 CASE#: 12020204-1 pr "':." Esqure tt 1 202124 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings @udren.com Bank of America,N.A COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. Cumberland County JOSEPH L. HITCHINGS MORTGAGE FORECLOSURE Defendant(s) (4i t NO. 2012-1796 f) - NOTICE OF SHERIFF'S SALE OF REAL PROPERTY q � > TO: Joseph L. Hitchings r`,',, c/o Joseph L. Hitchings,Esquire Rossmoyne Business Center 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Your house(real estate) at 2413 Cope Drive North, (Upper Allen Township), Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriffs Sale on June 4, 2014 at 10:00 A.M. at the Cumberland County Courthouse, Commissioners Hearing Room,2nd Floor, Carlisle, PA 17013, to enforce the court judgment of$228,000.00, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale,you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment,late charges,costs and reasonable attorney's fees. To find out how much you must pay,you may call: (856)669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) • YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened,you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale.This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after Schedule of Distribution is filed. 7. You may also have other rights and defenses,or ways of getting your home back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-1796 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due BANK OF AMERICA,N.A.Plaintiff(s) From JOSEPH L.HITCHINGS (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: $228,000.00 L.L.: $.50 Interest FROM 3/22/2012 TO DATE OF SALE 6/4/2014-ONGOING PER DIEM OF$42.57 TO ACTUAL DATE OF SC..E INCLUDING IF SALE IS HELD AT A LATER DATE-$34,268.85 Atty's Comm: Due Prothy: $2.25 Atty Paid: $226.25 Other Costs: Plaintiff Paid: Date:3/3/14 p� Davi. D. Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: NICOLE LABLETTA,ESQUIRE Address: UDREN LAW OFFICES,P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No.202194 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadin ' s • udren.com Bank of America, N.A Plaintiff v. JOSEPH L. HITCHINGS, Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 2012-1796 rn AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that:' r$ 1. A copy of the Notice of Sheriffs Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 771 2. A Notice of Sheriffs Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. Dated: `7px/ 1 1 MJU#: 12020204 CASE#: 12020204-1 David Neeren, Esquire PAID 204252 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadin s ' udren.com Bank of America, N.A Plaintiff v. Joseph L. Hitchings Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 2012-1796 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 Bank of America, N.A, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 2413 Cope Drive North, (Upper Allen Township), Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Joseph L. Hitchings c/o Joseph L. Hitchings, Esquire Rossmoyne Business Center 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Joseph L. Hitchings 2413 Cope Drive North Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Joseph L. Hitchings c/o Joseph L. Hitchings, Esquire Rossmoyne Business Center 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Joseph L. Hitchings 2413 Cope Drive North Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Discover Bank 6500 New Albany Road New Albany, OH 43054 Cecelia Clark RR 3 Box 3099 Creslo, PA 18326 4. Name and address of the last recorded holder of every mortgage of record: Bank of America, N.A 16001 North Dallas Parkway Addison, TX 75006 Sr Mortgage Holders - None Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Mortgage It, Inc. P.O. Box 2026 Flint, MI 48501 5. Name and address of every other person who has any record lien on the property: Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 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 Section 13 North Hanover Street Carlisle, PA 17013 Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupants 2413 Cope Drive North Mechanicsburg, PA 17055 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: Federal Tax Lien Holders - None Condo/Homeowners Association - None I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: 50111 MJU#: 12020204 CASE#: 12020204-1 UD BY: At r Plaintiff David Neeren, Esquire PAID 204252 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 an o merica, N.A Plaintiff v. JOSEPH L. HITCHINGS; Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 2012-1796 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): JOSEPH L. HITCHINGS; PROPERTY: 2413 Cope Drive North, (Upper Allen Township), Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on 06/04/2014 at 10:00 AM, at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property, which will be extinguished by the sale. You may wish to attend the sale to protect your interests. The Sheriff will file a Schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. MJU#: 12020204 CASE#: 12020204-1 Name and Address of Sender Henrietta Crommarty UDREN LAW OFFICES, P.C. 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 ❑ Registered ❑ Insured ❑ COD ❑ Certified ❑ Return Receipt for P Merchandise ❑ Intl Recorded Del. ❑ Express Mail Check appropriate block forAffix Registered Mail: ❑ With Postal Insurance ❑ Without postal Insurance stamp here if issued as certificate of mailing or for additional copies of this bill. Postmark and Date of Receipt Line Article Number Name of Addressee, Street, and Post Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If COD R.R. Fee S.D. Fee S.H. Fee Rst. Del. Fee Remarks 1 Cumberland County Real Estate Tax Department 1 Courthouse Square, Carlisle, PA 17013 2 Cumberland County Domestic Relations Section 13 North Hanover Street, Carlisle, PA 17013 3 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 r?� ^f •->...>44' 4 2012-1796 Tenants/Occupants 2413 Cope Drive North Mechanicsburg, PA 17055 5 Discover Bank 6500 New Albany Road New Albany, OH 43054ICC e, ZipP $ OO4.9r�'� 08003 V.� e 02 1lN 30. 201-4` �y�; _ 0001387090 APR. 6 06/04/2014 Cecelia Clark RR 3 Box 3099 Creslo, PA 18326 -i•EMs 7 Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Mortgage It, Inc. P.O. Box 2026, Flint, MI 48501 8 9 LU 10 11 12 13 14 15 Total number of Pieces Listed by Sender 7 Total Number o Pieces POS ry ester, Receive o t Office , 9 Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnego fable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mail, sent with optional postal insurance. See Domestic Mail Manual R900, S913, and S921 for limitations of coverage on insured and COD mail. See International Mail Manual for limitations of coverage on international mail. Special handling charges apply only to third and forth class parcels. PS Form 3877, February 1994 / Form Must be Completed by Typewriter, Ink or Bali Point Pen Joseph L. Hitchings - MJU# 12020204-1 (Cumberland County) Name and Address❑ of Sender Henrietta Crommarty UDREN LAW OFFICES, P.C. 111 Woodcrest Road, Suite 200 Cherry Rill, NJ 08003 Registered ❑ Insured ❑ COD ❑ Cert.fied ❑ Return Receipt for Merchandise ❑ Intl Recorded Del. ❑ Express Mail Check appropriate block for RegisteredMail: ❑ With Postal Insurance ❑ Without postal Insurance Affix stamp here if issued as certificate of mailing or for additional copies of this bill. Postmark and Date of Receipt Line Article Number Name of Addressee, Street, and Post Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If COD R.R. Fee S.D. Fee S.H. Fee Rst. Del. Fee Remarks 1 2012-1796 Upper Allen Township 100 Gettysburg Pike, Mechanicsburg, PA 17055 2 3 06/04/2014 4 z 6/�l 5 sAct s�y --- O U.S. POSTAGE» PITNEY s f , • i. psi 7.141. ........... 0 irk: ..:tti....f. ZIP 08003 $ 001.30 02 144 19. 2014 •'+ffr •.: . 0001387030 MAY. 6 •UM AM 7 •olow 8 PC9 WU 10 11 12 13 14 15 Total number of Pieces Listed by Sender Total Recei . er . Pieces ed at ' OS[ ffice Po - '' -r (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is 1 . / $25,000 for registered mail, sent with optional postal insurance. See Domestic Mail Manual R900, 5913, and S921 for limitations of coverage on insured and COD mail. See International Mail Manual for limitations of coverage on international mail. Special handling charges apply only to third and forth class parcels. PS Form 3877, February 1994 / Form Must be Completed by Typewriter, Ink or Ball Point Pen Joseph L. Hitchings - MJU# 12020204-1 (Cumberland County) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND. COUNTY OFFICE OF 714E. + RIFF Bank of America N.A. vs. Joseph L. Hitchings Case Number 2012-1796 SHERIFF'S RETURN OF SERVICE 03/27/2014 10:47 AM - Deputy Stephen Bender, 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 2413 Cope Drive North, Upper Allen - Township, Mechanicsburg, PA 17055, Cumberland County. 03/28/2014 Sergeant Jason Vioral served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Joseph L. Hitchings at the Cumberland County. Sheriffs Office, One Courthouse Square, Carlisle, PA 17013, Cumberland County. SHERIFF COST: $954.24 SO ANSWERS, April 16, 2014 BONNY R ANDERSON, SHERIFF cEtb1 D (c) CountySuite Sheriff, Teleosoft, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Andevson Sheriff of vCaraaafjnt. Jody S Smith ~ ;x 90. Chief Deputy ` �, i ..i 17 Richard W Stewart i Solicitor E 1J K `,S 11 s. AJ t j� y 11,1°,11\ Bank of America N.A. vs. Case Number Joseph L. Hitchings 2012-1796 SHERIFF'S RETURN OF SERVICE 03/27/2014 10:47 AM - Deputy Stephen Bender, 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 2413 Cope Drive North, Upper Allen -Township, Mechanicsburg, PA 17055, Cumberland County. 03/28/2014 Sergeant Jason Vioral served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Joseph L. Hitchings at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013, Cumberland County. 06/04/2014 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 Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of$1.00 to Attorney Mark Udren, on behalf of, Federal National Mortgage Association being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $776.94 SO ANSWERS, June 20, 2014 RON R ANDERSON, SHERIFF J-as re, . Com, sv L-L ,d al 9 al 3n6 7,r • On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, LI) Known and numbered as 2413 Cope Drive North, t.: G- Mechanicsburg, as Exhibit "A" filed with this ,1.; - Writ and by this Reference incorporated herein. N Date: March 3, 2014 By: �eReaCij)ltuj__e, Estate Coordinator r , LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2012-1796 Civil Term Bank of America N.A. vs. Joseph L. Hitchings Atty.: Mark Udren ALL THAT CERTAIN LOT OF LAND SITUATE IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUN- TY, PENNSYLVANIA: BEING KNOWN AS 2413 Cope Drive North,(Upper Allen Township), Mechanicsburg, PA 17055. PARCEL NUMBER: 42-30-2106- 038. IMPROVEMENTS: Residential Property. 66 • 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: April 18, April 25 and May 2, 2014 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. i1/sa sa Marie Coyne, E tor SWORN TO AND SUBSCRIBED before me this 2 da of Ma 2014 _ if• / / Notary cc- , _ OFPr? 4 nOTARIAL SEAQ DEBORAH A COLUi4S Notary Public CARLISLE B0R0.,CUMBERLAND WY My Commission Expires Apr 28,2018 The Patriot-News Co. 2020 Technology Pkwy epatriot*News • 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 the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 04/13/14 2012-1796 ChM Term 04/20/14 Bank of America NA. 04/27/14 Vs Joseph L.Hatchings Atty:Mark Udren ALL THAT CERTAIN LOT OF LANDATEINUPPERALLEN Sworn to -nd subscribed before is 02 day of May, 2014 A.D. TOWNS, CUMBERLAND •COUNTY,PENNSYLVANIA: BEING"KNOWN AS 2413 Cope Drive North,(Upper Allen 16wnship), A - • A —I ._4.1 Mechanicsburg,PA 17055 ,tary Public PARCEL NUMBER:42-30-2106-038 IMPROVEMENTS: Residential Property , Cr,.1m-•., LTF1 OF PRNN(YE..I NIA E , • ec iENiA: ;Lc, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Assoc is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 3rd day of March, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 1796, at the suit of Bank of America, NA against Joseph L. Hitchings is duly recorded as Instrument Number 201415528. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / day of 44_, A.D. 070 /1-7 • ' tt ecorder of Deeds ' order eds,Cumberland County,Carlisle,PA My Corn sion Expires the First Monday of Jan.2018 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 3rd day of March, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 1796, at the suit of Bank of America N A against Joseph L Hitchings is duly recorded as Instrument Number 201420903 - re-recording in 201415528. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D. ()0 /V day of Lth&e Recorder of Deeds Nel- Recorder beds, Cumberland County, Carlisle, PA My Conim ion Expires the First Monday of Jan. 2018