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HomeMy WebLinkAbout12-2324I DITICL ?' E IFOTI'CI?{0T?'?t A it I 10: CCC Ii"i EI",ISYL.ANIA PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 292573 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. JAMES E. BOWLING 307 EAST MARBLE STREET MECHANICSBURG, PA 17055-4264 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 1 ?a- D3aq C(.Vl.l CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 292573 4??) CCM+ t 10 3. ?S cis -# g2# 4 7 3 ??s NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 292573 1. Plaintiff is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES E. BOWLING 307 EAST MARBLE STREET MECHANICSBURG, PA 17055-4264 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/31/2009 JAMES E. BOWLING made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR M&T BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200927654. By Assignment of Mortgage recorded 02/21/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201205064.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/0 1 /2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 292573 6. The following amounts are due on the mortgage as of 03/01/2012: Principal Balance $204,460.37 Interest $4,366.10 10/01/2011 through 03/01/2012 Late Charges $177.74 Subtotal $209,003.61 Escrow Credit 727.37 TOTAL $208,276.84 7. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $208,276.84, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Matth w rushwood, Esquire Attorney for Plaintiff File #: 292573 LEGAL DESCRIPTION ALL THAT Parcel of land in Borough of Mechanicsburg, Cumberland County, State of Pennsylvania, as more fully described in Deed Book 108, Page 433, ID # 17-24-0787-088. BEING known and designated as: THAT CERTAIN house and lot of ground situated in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern side of East Marble Street extended, said point being one hundred seventy- five (175) feet measured along the Northern side of East Marble Street extended in an Easterly direction from the Northeast corner of East Marble Street extended and the Lower Sheperdstown Road; thence along property now or late of J. L. Blauser, Jr and Kathleen G. Blauser, his wife, in a Northerly direction one hundred fifty-nine (159) feet to a five (5) foot easement reserved for public utilities; thence along said five (5) foot easement in an Easterly direction fifty (50) feet to property now or late of Paul T. Shearer and Violena Mae Shearer, his wife; thence along said property now or late of Paul T Shearer and Violena Mae Shearer, his wife, in a Southerly direction one hundred fifty-nine (159) feet to the Northern side of East Marble Street extended; thence along the Northern side of East Marble Street extended in a Westerly direction fifty (50) feet to the place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 307 East Marble Street, Mechanicsburg, PA, 17055. PROPERTY ADDRESS: 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 PARCEL # 17-24-0787-088. File #: 292573 VERIFICATION hereby states that/el sh is& 4okLJ?J?- of BANK OF AMERICA, N.A., Plaintiff in this matter, that?e/(Pis authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofx er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: 6w2 File#: 292573 Name: BOWLING N. ?IflCV Titl j BANK OF AMERICA, N.A. File #: 292573 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F)L ED-O RC Sheriff , of ?,,ruGr,?? ?tirxtx ?'+? Jody S Smith Chief Deputy 012 APR 23 PM 12: ! ! Richard W Stewart CL"ANO COO Ty Solicitor .YA!A Bank of America, NA Case Number vs. 2012-2324 James E. Bowling SHERIFF'S RETURN OF SERVICE 04/17/2012 06:57 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2012 at 1857 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James E. Bowling, by making known unto Frances Bowling, Wife of Defendant at 307 E. Marble Street, Mechanicsburg, Cumberland CAWNHA vania 17055 its contents and at the same time handing to her personally the said true and ce same. ISON, DEPUTY SHERIFFCOST: $38.00 April 19, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING L.P., FKA COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff VS. JAMES E. BOWLING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 12-2324 CIVIL IN RE: COMPLAINT IN MORTGAGE FORECLOSURE ORDER AND NOW, this 2nd day of May, 2012, proceedings in the captioned matter are stayed for a period of sixty (60) days from April 17, 2012, in order to afford the defendant/borrower to an opportunity to qualify for participation in a court-supervised Conciliation Conference pursuant to Cumberland County Administrative Order dated February 28, 2012. Matthew Brushwood, Esquire 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 For the Plaintiff ? James E. Bowling 307 East Marble Street Mechanicsburg, PA 17055-4264 Defendant -o ? rn? x rn Z.,r- xo N 3 A N -v ca -.a --i -.j c C-) V MidPenn Legal Services BY THE COURT, . 0 BANK OF AMERICA, N.A., IN THE COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP : CUMBERLAND COUNTY,PENNSYLVANIA FKA COUNTRY WIDE HOME LOANS SERVICING LP Plaintiff, rmw M ? ' i-= v. : NO. 12-2324 Civil -? -' -t C . JAMES E. BOWLING, <° -v CD--° Defendant CIVIL ACTION' 5 ANSWER TO COMPLAINT AND NOW COMES James E. Bowling, Defendant, Pro Se, in response to the Complaint filed by Plaintiff in this matter, states as follows: 1. Admitted, upon information and belief. 2. Admitted. 3. This paragraph is a conclusive statement to which no response is required. Further, the Mortgage is a recorded, written document which speaks for itself. To the extent it may be determined that a response is required to Plaintiff's averment, it is denied. 4. The premise description is a written document which speaks for itself. To the extent it may be determined that a response is required to Plaintiff's averment, it is denied. 5. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent it may be determined that a response should be required to Plaintiff's averment, it is denied. 6. Defendant is without sufficient knowledge or information to admit or deny i Plaintiff's averment. Accordingly, it is denied. Strict proof is demanded at any hearing in this matter. 7. This paragraph is a conclusive statement to which no response is required. Further, the averment contained in this paragraph is a Conclusion of Law as to which I no response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent it may be determined that a response is required to Plaintiff's averment, it is denied. 8. Defendant is without sufficient knowledge or information to admit or deny Plaintiff's averment. Accordingly, it is denied. Strict proof is demanded at any hearing in this matter. WHEREFORE, the Defendant, James E. Bowling requests judgment in his favor and against the Plaintiff, and other relief deemed just and appropriate by this Honorable Court. Date: 500120i2 J Cast IVIaIUIC JUCCt hanicsburg, PA 17050 CERTIFICATE OF SERVICE On the 7th day of May, 2012, 1 certify that a copy of foregoing document was served upon the Counsel for the Plaintiff by placing the same in the United States mail, first class, postage paid, addressed as follows: Matthew Brushwood, Esquire Phelan Hallinan & Schmeig, LLC 1617 JFK Boulevard, Suite 1400 One Penn Center Philadelphia, PA 19103 Date: Z M fi E2 0 ',)-, J#mes E. Bowling, Pro Se F ydl f;kZ"� C�.;L'; T �`t`Lr', i6t PHELAN HALLINAN,LLP By: Joseph P. Schalk,Esquire Identification No.91656 Attorney for Plaintiff 126 Locust Street Harrisburg,PA 17101 (215)563-7000 BANK OF AMERICA,N.A., SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE Civil Division HOME LOANS SERVICING LP CUMBERLAND County Plaintiff No. 12-2324-CIVIL VS. JAMES E.BOWLING 307 EAST MARBLE STREET MECHANICSBURG,PA 170554264 Defendant MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. On July 31, 2009 Defendant,JAMES E. BOWLING, executed a Mortgage with and Promissory Note promising to repay the loan on a monthly basis. A copy of the Mortgage, which is recorded in the Office of the Recorder of Deeds for Cumberland County at Instrument No. 200927654, and has been redacted to remove account information, is attached hereto, made part hereof, and marked as Exhibit A. A redacted copy of the Note is also attached hereto, made part hereof,and marked as Exhibit A I. 4. The Mortgage was assigned to Plaintiff. Said transfer was documented by an Assignment of Mortgage, which is recorded at Instrument No. 201205064. A copy of the Assignment to Plaintiff is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 5. The Mortgage is due for the November 1,2011 payment, a period in excess of 15 months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference,and marked as Exhibit B. 6. Defendant's default is also evidenced by Plaintiff's loan history,a redacted copy of which is attached hereto,made part hereof,and marked as Exhibit F. 7. The last payment applied to the Defendant's mortgage was on or around October 31, 2011. Plaintiff applied this payment to Defendant's account for the October 2011 payment,as is evidenced by the attached loan history on Defendant's account(see Exhibit F). The account remains due and owing for the November 1,2011 payment. Furthermore,Defendant has not provided proof of any payments he might have made. 8. Plaintiff has complied with Act 6 of 1974 as it appropriately notified Defendant of its intent to foreclose under the Mortgage and afforded Defendant 30 days to cure the arrearage before commencing its foreclosure action. A redacted copy of the Act 6 notice(along with proof of mailing) is attached hereto,incorporated herein by reference,and marked as Exhibit E. 9. On April 13, 2012,Plaintiff filed its Complaint in Mortgage Foreclosure. A true and correct copy of the Complaint is attached hereto,made part hereof and marked as Exhibit C. 10. Defendant has filed an Answer in which he has effectively admitted all of the { � r allegations of the Complaint,as is further addressed in Plaintiffs attached Brief.A true and correct copy of the Answer is attached hereto, made part hereof, and marked as Exhibit D. 11. In his Answer, Defendant generally denies paragraphs five(5) and six(6)of the Complaint,which aver the default and the amounts due on the Mortgage. 12. Defendant has failed to sustain his burden of presenting facts which contradict the averments of Plaintiffs Complaint. 13. Plaintiff submits that its request for attorney's fees are reasonable. Plaintiff will address this issue further in its attached Brief. 14. Defendant has the right to reinstate or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE,Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as stated in the Affidavit in support of the Motion for Summary Judgment,for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN, LLP Date: March 18,2Q 13 By: P � ose h . Schalk,Esquire Atto ey for Plaintiff Exhibit "A" x'00 SANK arArAWIc,4 4pz5yoy2_6 � g f Zo f 49 Prepared By: WnAy Michelle Gordon M&T Bank P. 0. Box 390 Clifton Park, NY 12065 Return To: 0010191" 80WLIN6 JE M&T Bank P.O. Box 4613 Buffalo, NY 14240 610 D2 001 001 Parcel Number: 17.24-0787-088 Premises: 307 East Marble Street Mechanicsburg, PA 17055 ISpsce Above This Ike For Recording Data; PURCHASE MONEY MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)"Security Instrument"means this document,which is dated J u 1 y 31. 2 0 0 9 , together with all Riders to this document. (B)"Borrower"is James E Bowling Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument.MFRS is organized and existing under the laws of Delaware,and MFRS 13398417 13918417 PENNSYLVANIA-ShVIe Family-Fannie MaelFnddle Mae UNIFORM tNSTRUM8NT WITH MFRS Form 30311101 �, VMPBAage (080 7 Wohars Ktuwor Finendal Seeviees Inhieb: �j`G�[J Page 1 of 17 s t Y � Y has a mailing address of P.O. Box 2026, Flint, MI 48501-2026 and a street address of 3300 S.W. 34th Avenue, Suite 101,Ocala, FL 34474.The MGRS telephone number is(888)679-MGRS. (D) "Lender"is M&T Bank Lender is a organized and existing under the laws of New York Lender's address is 1 N&T Plaza, Buffalo, NY 14203 (E) "Note"means the promissory note signed by Borrower and dated July 31, 2 0 0 9 The Note states that Borrower owes Lender Two Hundred Eleven Thousand Three Hundred Forty Eight And Zero/100 Dollars (U.S.$211,348.0 0 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 01. 2039 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan"means the debt evidenced by the Note,plus interest, any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (H) "Riders" means all Riders to this Security Instrument ant that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: Adjustable Rate Rider ❑Condominium Rider EJ Second Home Rider Balloon Rider 71 Planned Unit Development Rider 1-4 Family Rider VA Rider ❑Biweekly Payment Rider Other(s)[specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law) as well as all applicable final, non-appealable judicial,opinions. () "Community Association Dues,Fees, and Assessments"means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (B) Weetronic Funs Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer,or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items"means those items that are described in Section 3. (AO "Miseellaneow Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third 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 Property; (iii)conveyance in lieu of condemnation; or(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. PENNSYLVANIA-Sin&Family.Fenrde MaelFreddle Mae UNIFORM INSTRUMENT 1MTH MERS ` Form 80981101 Wa1tK�8 Kluwer Financial Services Initials: i G VIP ge 2 07 (� "Mortgage insurance"means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(i)any amounts under Section 3 of this Security Instrument. (1') "RBSPA" means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA"refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"under RESPA. (Q) "Successor in luterest of Borrower"means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security instrument secures to Lender: (i)the repayment of the Loan,and all renewals,extensions and modifications of the Note, and (ii) the performance of Borrower's covenants and agreetrents under this Security Instmmnent 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 C o u n t y (type of Raari ft larili fion) of Cumbers and [Name ofReeordingJurisdiction]: Please see attached legal description. which currently has the address of 307 East Marble St r ee t [Street] Mechanicsburg [city], Pennsylvania 17055 [Zip Code] ("Property Address"): PENNSYLVANIA VANIA-SM:pie FamBy-Fannie Mearrreddie Mac UNIFORM INSTRUMEN r WITH MFRS Fan 311 tA7 VAAP® /'(f) VMPGAIPAI(0604) Wohers Kluwer Flnanclel Services Initials: 06- Pape 8 of 17 I TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS hold#only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS(as nominee for Lender and Lender's successors and assigns)has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any ection required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will 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 property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow It+eems, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Now and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this 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's deck, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality, or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender Mall either apply such fumds 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 duce under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 13x86417 13788417 PENNSYLVANIA-Slnple Fan*-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MFRS ^ Form 3078 1101 VMP® VMPBAlage (080 7 Writers Kluwer Financial Services Initials: Pape 4 of 17 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to Iate charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If header receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each,payment can be paid in full.To the extm 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 Iate 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. Fmds for Recrow Item. Borrower shall pay to L xler on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum(the "Funds")to provide for payment of amounts due for: (a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insuram 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 assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shalt pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly, when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waiver!by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow 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. 1929!477 13300417 PENNSYLVANIA-Skple Family-Fannie Ma&Treddle Mae UNIFORM INSTRUMENT%ITN MERS Form am 1101 VMP® 000 Wollets Kluwer Financial Services Initials: VMP6APage A1 6 4 oI 17 81 i I i a � a Lender may, at any time, collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender,if Leader 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 analyzing the escrow account, or verifying the Escrow Items,unless Leader pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is Mwe 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, howam, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If 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 the amount necessary to make up the shortage in accordance with RESPA, but In no more than 12 monthly payments. If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,and Community Association Dues,Fees, and Assessments, if any. To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perforating such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c)secures from the holder of the lieu 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 can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. PENNSYLVANIA-VhVle Family-Fermle MaWreddle Mac UNIFORM INSTRUMENT WITH MERS Fan'3039 1101 VMP® rl CIO' VMPBAage(080 7 Wolters Kluwer FPnendel Services initlak:lJQ CIO_)_ Pape 6 8 8) 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. 5. Property 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 Ievels) 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 determination, certification and trseidng services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappmp 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. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, 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 or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 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. 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 mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. I€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 applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such 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 13588417 13388417 PENNSYLVANIA-Single Famly-Fannle MaefFreddia Mac UNIFORM INSTRUMENT WITH MFRS Form 30381/01 VMP® VMPBAage (ONO)7 Wo[tera Kluwer Finandel Services Inittala: ]tC� Page 7 of 17 r t a f i promptly. Lender may disburse praoeeds 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 histziiment, whether or not then die, with the excess,if any,paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may 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 insurance carrier has ofted to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any outer of Borrower's rights (other than the right to any refund of unearned premium paid by Borrower)under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Owgnmcy. 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 otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances axis which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid finther 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 Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. PENNSAVANIA-govis Fsm#y-Penis Ma reddis Use UNIFORM INSTRUMENT WITH MERE VMPdA{PA} } Wohers O wer Financiei Services tnitfeis: of 17 a a } r i 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading,or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9.Protatiion of Leader's Interest In the Property and Bigler Under this Security bstr ummt.If (a)Borrower fans to perform,the covenants and agreements contained in this Security Instrument, (b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or ruts under this Security Instrument(such as a proceeding in bankruptcy, prolate, for condemnation or forfelture, for enforcement of alien 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 reaswuNe or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securmS and/or repairing the Property. Lender's actions can include, but are not limited to: (a)paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys'fen to protect its interest in the Property and/or rights under this Security Instrument,including its seamed position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off.Although Lander may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10,Homage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the preadums reunited to maintain the Mortgage Insurance in effect.If,for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, 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 Lender. If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be 133OU17 133W17 PENMnVANIA-Single FwAy-Famle Ma f9fte Use UMFORM INSTRUMENT VATfe MERE Form awe t/oS VMPe! C� f»jjL VMPBIUPA}{o8o8t WOltata Kluwer Financie!Services fnitlefs: a�,��, Page 9 of S) i 1 required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer requite loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to maim separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law.Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note) for certain losses it may in= if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or patties)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 fonds obtained from Mortgage Insurance pre mb ms). As a result of there agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive(directly or indirectly) amounts that deprive from(or alight be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for shaming or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agmeen mts will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has- if any- with ryes wd to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other lave. Then rights may include the right to receive certain disclosures, to request and obtain cancdlation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 111. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfwdon,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such PENNSYLVANIA-$We Fan*-Fannie MaWfeddle Mac UNIFORM INSTRUMENT WITH MERE Form 1 1Nt Wafters Kluwer Finenctai Services InRiais V1+1 Pe 0� I i Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,with the excess, if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Insaument immediately before the partial tatting, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Misoeft etm s Pros multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immuediately before the partial taking,destruction,or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction,or loss in value of the Property in which the fait market value of the Property u mQediately before the partial taking, destruction, or loss in value is less than the amouamt of the sums secured immediately before the partial taking, destruction, or loss#n value, unless Bourower,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 Opposing Party (as defined in the next sentence)offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom,Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impainn=of Leader's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. U. Borrower Not Released; Forbearance By Leander Not a 'Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument grimed by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the suns secured by this Security Instrument by reason of any demand made by the original � VAMA-SWgb FwWly-F&We Mae/Freddle Mac UNIFORM INSTRUMENT Yvette MERS Wolters M�nSAA oKluwer Firmclal Serrvla lnklats:/ t 7 i Borrower or any Successors in Interest of Borrower.Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several.However,my Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-sigma this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the term of this Security Instrument; (b)is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Vender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrment or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations unclear this Security Instrument in writing, and is approved by Leader,shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be relearned from Borrower's obligations and liability under this Security instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instruent shall bind (except as provided in Section 20)and bait the successors and assigns of Lender. 14. Loan Citarges. 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 Marge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Security instrument or by Applicable Law. If the Loan is subject to a law which sets maxximunx loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, them: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sums already collected from Borrower which exceeded permitted limits will 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 (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund mode by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any 13300417 19417 PVINSYLVANIA-Slnpk Family-Fannle MaWreddi"Mac UNIFORM INSTRUMENT WiTli MERS aapag S 1 Walters Kluwer Financial Services Initials: Papa 12 of 17 notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until 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 Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be dim, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the None which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and(c) the word "may" gives sole discretion without any obligation to take any action. 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 1 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property`means any legal or beneficial interest in the Property, including,but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, ins"taUment sales contract or escrow agreement,the intent of which is the transfer of title by.Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If.Borrower faits to pay these sutras prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)cures any default of any other covenants or 18398417 13880417 PENNSYLVANIA-Slrgb FamAy-Famle McOFreffe Mac UMFORM INSTRUMENT WITH MERE �^ Fo�rin X1101 Wolters Kluwer Firmotdoi Services infiiais:� � i 8 of 17 agreements; (c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably rewire to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged. Leander may require that Borrower pay such reinstate sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified dueck,bank check, treasurer's check or cashier's check, provided any such check is drawn upon an instituttiou 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 seemed hereby shall remain fully effective as if no acceleration had occurred. however, this right to raWtate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Service:;Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer*) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. Thera also might be one or more changes of the Loan Service:unrelated to a sale of the Note. H there is a drnage of dw Loan Servicer,Borrower will be given written notice of the change which will state the natm and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of tmifer of servicing. If the Note is sold and therei tier the Loan is seviced by a Loan Servicer other than the purdr of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaserr. Neither Borrower nor Lender may commence,Join, or be Joined to any junlicial action(as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be takrsn, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environs Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 183MI7 19996417 P9NNSYLVAN1A-Single FamHy-Fannie Mae/FreOdle Mae UNIFORM INSTRUMENT WITH MFRS VMFOW 1101 VW6 Wolters Khmer Financial Services I,*is:9418 Papa 14 of 17 I I i Borrower shall not cause or permit the presence,use, disposal, storage, or release of any Hazardous Substances,or threaten to release any Hazardonnuggs Substances,on or in the Property.Borrower shall not do, nor allow anyo�else to do, anything affecting the Property (a)that is in violation of any Environmental Law, )which creates an Bnvironme�al on,or(c)which due to the presence,use,or release of a H� Substance, creates a condition that adversely affects&value of the P The preceding two sentences shall not apply to the presence, use, or storage on the Property o�sm qualities of Hazardous Substances that are generally recognized to be spoopriste to noorrmal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in �). Borrower shall promptly give Lender written notice of(a)any investigation,claim, lawsuit or other action by any governmental or regulatory ages►or party involving the and any Hazardous � or Envuonmental Law of which Borrow has actual lino ) an Environmental Condition,including but not limited to, ' threat y asm)r spills lealting discharge rekaae or of release of any Hazardous Substance, and (c) any condition coed by the , use or release of a Hazardous Substance whin adversely affects the value of the Property. If Borrower learnn, or is notified by any► id or regulatory idbority, or any private party, that my removal or other remediation o azardtats Substance affecting tine Property is ,Borrower shalsh l �necessary xemediad actions in accordarhce with Environmental Law. bh g herein create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender ftuther covenant and agree as follows: 22. Accelerat kW Reanedles.Lender shall give natiee to Blocrowrar prior to a�fo�rwvi Borrower's breach of any covenant or agrees in this Seeurfty acceleration tmt� Section 18 unless bie Lawn provides otherwise). Lender shall Borrower of sin other things:(a the � (b)the action to cure the Wit• (c)when the default must be cured; and (c Unit bit ure try care there ass may remit in acceleration of the arms secured this fweelosare and sale of the Property.Lender doll inform Borrower o the to reins�aaacdwwlktiou and the I� to assert In the foreclosure the non-offence of a ay other defense of Borrower to acceleration and for&losum If the default Is not cured as speedled,1.4ender at Its option may require immediate pp�ayment In full of all suss sew by this meat without fort w demand and may faicdo.4e this Security I Riot by rlud1cW P9 abs. Lendar shall be entitled to collect all expenses incurred In pursuing the remedies provideil in this Section 22, inclftbut not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applica Lawn. 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 satisfy this Security Innrumont. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument,but only,if the fee is paid to a mind party for services rendered and the charging of the fee is permitted under Applicable Law. 2+4. Waivers.Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proms to enforce this Security Instrument,and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25.Reinstatement Period.Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuantto this Security Instrument. 26. Purchase Money Mortgage. if any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 27.Interest Rate After Judgment.Borrower agrees that the interest rate payable after a,judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 13899417 13398417 V �4VAPMA-SMgie Femgy-Fannie MaelFredtife Mae UltlFOf9N INSTRUMENT Wi7H MERE YN�Ai X108} Walters KWwer FinsWat Services ies{tkts: tf�T rG._ru �1 Page 15 of 17 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. i Witnesses: (Seal) tees E Bowling -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower PMSYLVAMA-SMole Family-Fannie MaelFreddle Mac UNIFORM lNSTRUMENr WITH MFRS fora 30 �im1 Wok r Kluwer Financial SarAcu tnitlais: V Pagede o{tlS 17) COMMONWEALTH OF PENNSYLVANIA, Cis b�! �- County ss: On this,the 31st day of July, 2 0 0 9 ,before me, the undersigned officer,personally appeared James E Bowling known to me(or satisfactorily proven) to be the person(s) whose nam (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 seal. My Commission Expires: CO MQNUN�I TH.,,OF P NNSYLVANIA yl")-N�trA NO seal Muidred M.O't)onoeu,Notary Public Camp Hill Boro,Cumb$riani 30 2010 momtiert AWdeft of 111*1183 TItle of Officer Certificate of Residence ^ I, -0 r "v'k' � ,do hereby certify that the correct address of the wi -namd Mortgagee rs 3300 S.W. 34th Avenue, Suite 101, Ocala, FL 34474,P.O.Box 2026, Flint, MI 48501-2026. Witness my hand this 31 s t day of July, 2009 Agent of Mortgagee 13399417 13388417 VPENNSVLVANIA-Single Family-Fannie MaelFroddle Mac UNIFORM INSTRUMENT WITH MFRS Form 3099 1101 VMPSA(PA)109091 Wolters Kluwer Financial Services Initials: Page 17 of 17 VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER NOTICE: THIS LOAN IS NOT ASSUM LE WITHOUT THE APPROVAL OF THE DEPT, NT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 31st day of July, 2009 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (herein "Security Instrument") dated of even date herewith, given by the undersigned (herein "Borrower") to secure Borrower's Note to M&T Bank (herein "Lender") and covering the Property described in the Security Instrument and located at 307 East Marble Street, Mechanicsburg, PA 17055 [Property Address] VA GUARANTEED LOAN COVENANT: in addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other instruments executed in connection with said indebtedness which are Inconsistent with said Title or Regulations, including, but not limited to, the provision for payment of any sum in connection with prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of the secured Indebtedness pursuant to Covenant 18 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. i60iMiMi MULTISTATE VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER Wolters Kluwer Financial Services VMPO-638R (0405).01 10103 Page 1 of 3 Initials: LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding four per centum (4%) of the overdue payment when paid more than fifteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent payments, but such "late charge" shall not be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full amount within 60 days from the date that this loan would normally become eligible for such guaranty committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U.S. Code "Veterans Benefits," the Mortgagee may declare the indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law provided. TRANSFER OF THE PROPERTY: This loan may be declared immediately due and payable upon transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. An authorized transfer ("assumption") of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUMPTION FUNDING FEE: A fee equal to one hal f of one percent ( *50 %) of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer,the fee shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee is automatically waived if the assumer is exempt under the provisions of 38 U.S.C. 3729 (c). (b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan holder or its authorized agent for determining the creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies. (c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument. 13398417 13398417 Initials: VMPO-538R (0405).01 Page 2 of 3 IN WITNESS WHEREOF, Borrower(s) has executed this VA Guaranteed Loan and Assumption Policy Rider. 3 es E Bowling -Borrower -Borrower -Borrower -Borrower -Borrower -Borrower -Borrower -Borrower 13398417 13398417 VMPO-53SR (4405),01 Page 3 of 3 V EXHIBIT A ALL THAT Parcel of land in Borough of Mechanicsburg,Cumberland County,State of Pennsylvania,as more fully described in Deed Book 108,Page 433, ID#17-24-0787- 088. BEING known and designated as;THAT CERTAIN house and lot of ground situated in the Second Ward of the Borough of Mechanicsburg,County of Cumberland and State of Pennsylvania more particularly bounded and described as follows,to wit: BEGINNING at a point on the Northern side of East Marble Street extended,said point being one hundred seventy-five(175)feet measured along the Northern side of East Marble Street extended in an Easterly direction from the Northeast corner of Bast Marble Street extended and the Lower Sheperdstown Road;thence along property now or late of J.L. Blauser,Jr and Kathleen G.Blauser,his wife,in a Northerly direction one hundred fifty-nine(159)feet to a five(5)foot easement reserved for public utilities; thence along said five(5)foot easement in an Easterly direction fifty(50)feet to property now or late of Paul T.Shearer and Violena Mae Shearer,his wife;thence along said property now or late of Paul T Shearer and Violena Mae Shearer,his wife, in a Southerly direction one hundred fifty-nine(159)feet to the Northern side of East Marble street extended;thence along the Northern side of"East Marble Street extended in a Westerly direction fifty(50) feet to the place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 307 East Marble Street,Mechanicsburg,PA, 17055. t ROBERT P. ZIEGLER RECORDER OF DEEDS :. CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 " 717-240-6370 Instrument Number-200927654 Recorded On 8/6/2009 At 1:22:01 PM *Total Pages-22 •Instrument Type-MORTGAGE Invoice Number-49914 User ID-AF •Mortgagor-BOWLING,JAMES E •Mortgagee-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC •Customer-COMMUNITY LAND *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $45.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $82.50 I Certify this to be recorded in Cumberland County PA RECORDER O *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OORM iiiiiiinilliiiiil EXHIBIT Al CRPRDNRBS46b 2/3/2012 7 : 19: 08 PM PAGE 11/068 888-294-5658 AOL NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. July 31. 2009 Camp Hill PENNSYLVANIA [mi] [city) [state] 307 East Marble Street Mechanicsburg, PA 17055 [Property Addressi I. BORROWER'S PROMISE TO PAX In retttm for a loan that I have received, I promise to pay U.S. $211,348.00 (this amount is called"Principal"), plus interest,to the order of the Lender.The Lender is M&T Bank I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Now by transfer mid who is entitled to receive payments under this dote is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate of , 5.125 %, The interest rate required by this Section 2 is the rats I.will pay both before and after any default described in Section 6(13) of this Note, 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1 s t: day of each month beginning on Se pt em be r 01. 2009 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If,onAugust 01, 2039 , 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments atPO Box 62182. Baltimore, M0 21264 or at a different place if required by the Note Holder. (B)Auaount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,130.76 4, BORROWER'S RIGHT TO PREPAY The Borrower shall have the right to prepay at any time, without premimn or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or$100.00, whichever is less. Any Prepayment in full of the indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an installment due date need not be credited until the neat following installment due date or 30 days after such Prepayment, wbicbow is earlier, PENNSYLVANIA FIXED RATE NOTE-Single Famfly-Fantle NlaelFreddie Mac UNIFORM INSTRUMENT Amended for Veterans Affairs Form 3200 1101 Amended 6100 Wokers Kluwer Financial Services V of 3 G(t'A)to o» Pape ge I of 3 ,q,�� CRPRDNRBS46b 2/3/2012 7 : 19:08 PM PAGE 13/068 888-294-5658 S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a)any such loan charge shall be reduced by the amount necessary to reduce the change to the permitted limit; and(b) any sums already collected from the which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal,the redaction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Chwp for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of F i f t e en calendar days after the date it is due,I will pay a late change to the Note Holder.The amount of the charge will be 4.00 0 %of my overdue payment. 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 of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately this full amount of Principal which has not been paid and all the interest that I owe on this amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D)No Waiver By Note Holder Sven if, at a time whm I am in default, the Note Holder does not require me to pay imt adiatety in full as losers'bed above,the Note Bolder will still have the right to do so if I am in default at a later time. (E)PaywAst of None Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Mote will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Nurse 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 m this Note,including the promise to pay the full amount owed.Any person who is a guarantor, surety or endorser of this Neste is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This mans that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. r Form 3VO 1/04 IWA VMP O-5GaPAl co7w7 Pace 2 aP 3 ' • CRPRDNRBS46b 2/3/2012 7: 19: 08 PM PAGE 15/068 888-294-5658 10. ALLONGE TO TE9S NOTE If an allonge providing for payment adjustments or for any other supplemental information is executed by the Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] 0 Graduated.Payment Allonge ❑Other[specify] D Other[Specify] 11. UNWORN SECUnD NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given in the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Insmurkent"), dated the same daft as this Note,protects the Note Holder from possible losses which might result if I do not kmep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make innnediate payment in full of all amounts I owe under this Note. Some of Owe conditions are described as follows: 'ai"m" '31 C.F.R. SU.S.C.:F ity(3 Chapter 37}and itt effect on the date of lour.dosing shall govern ttre rights, duties and liabilities jar: by This is a contract under seat and may be enforced under 42 PA.C.S.Section 5529(b), WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. (se* BOWS f'W -Barrovmr -Borrower — (Seal) (Seal) -Borrower PAY To T)-*CjpZER OF -Borrow PAY TO THE ORDER OF r WM40"T R v14 BANK OF AMERICA, N.A. F:- FOURSE imTHeuT-REGOURS9, M&T SOK (Seal) (cam) SIGNED:&,,oK&qiL4 -Borrower v By� NAME: ERIN L. DOERFLSR TITLE:ASSISTANT VICE PRESIDENT MICRE—iER(Seal) SENIOR CE PRESID&W (Sew) -Borrower -Borrower [sign 0r*nal only] VMP 0-50(PA)00707) Rage 9 of 9 Form 3280 1101 EXHIBIT A2 • Inst. Ii 201205064 - Page 3 of 3 ROBERT P. ZIEGLER RECORDER OF DEEDS 9 CUMBERLAND COUNTY 1 COURTHOUSE SQUARE ' CARLISLE, PA 17013 717-240-6370 Instrument Number-201205064 Recorded On 2/21/2012 At 2:05:37 PM °'Total Pages-3 •Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number- 102400 IT ID-SW •b'Iortgagor-BOWLING,JAMES E •Mortgagee-BANK OF AMERICA Ni A •Customer-SIlVIPLIFILE LC E-RE CORDING _ FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID .$50.50 I Certify this to be recorded in Cumberland County PA RECORDER OF DEEDS "-Information denoted by an asterisk may change daring the verification process and may not be reflected on this page. 02/28/2012 10:02:06 AM CUMBERLAND COUNTY Instl 201205064-Page 3 of 3 Inst. # 201205064 Page I of 3 Recording Requested BY: Bank of America CERTIFIED PROPERTY IDENTIFICATION NUMBERS Prepared By: 17-24-0797-088 MECHANICSBURG 2 Kathy Oriard COGIS REGISTRY 02/21/2012 SY CH 888-603-9011 450 E Boundary St Chapin,SC 29036 When recorded mail to: CoreLogic 450 E.Boundary St. Attn:Release Dept, Cho in,SC 2W-% BMW 102206'71796617756 Tax ID: 17-24-0787-088 Property Address-, 307 E Marble St Mechanicsburg,PA 17055-4264 Property Location: Borough of MECHANICSBURG FA4-AM 17400392 1'14P.012 This sM"(w Rec~sum MIN 100050300008886692 MFRS Phone $89479-6377 ASSIGNMENT OF MORTGAGE For Value Received,the undersigned holder of a Mortgage(herein"Assignor"}whose address is 1901 E Voorhees Street,Suite C,Danville,IL 61934 does hereby grant,sell,assign,transfer and convey unto BANK OF AMERICA,NA.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP whose address is 4517TH STSW#B-133, WASHINGTON DC 20410 all beneficial interest under that certain Mortgage described below together with the note(s)and obligations therein described and the money due and to become due thereon with interest and all rights accrued or to accrue under said Mortgage. Original Lender: M&TBANK Mortgagor(s): JAMES E BOWLING Date of Mortgage; 7/31/2009 Original Loan Amount: $211,348.00 Recorded in Cumberland County,PA on:8162009,book N/A,page N/A and instrument number 200927654 This Mortgage has not been assigned unless otherwise stated below: IN WITNESS WHEREOF,the undersigned has caused this Assignment of Mortgage to be executed on FFR 17 M1 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. By: isimaT.WaboLM9 02/2812012 10:02:06 AM CUMBERLAND COUNTY Inst.#201205064-Page 1 of 3 Inst. 201205064 - Page 2 of 3 State of California County of Ventura m.-� On FEB 17 2012 before me } , S,CRMd011r'�(ji Notary Public,personally appeared 1S a T Wr,11 Ice who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. wot Notary Public: Qi (Seal} My Commission Expires: 24,214 1 hereby cet2ifj•that the address of the within named assignee is: 451 7TH ST.SW#B-133,WASHINGTON DC 20410 Signature DoclD# 10220671796617756 02/28/2012 90:02:06 AM CUMBERLAND COUNTY inst.#201205064-Page 2 of 3 Exhibit "B" r BANK OF AMERICA,N.A., COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA CIVIL DIVISION COUNTRYWIDE HOME LOANS SERVICING LP CUMBERLAND COUNTY Plaintiff VS. NO. 12-2324-CIVIL JAMES E.BOWLING Defendant PLAINTIFF S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF �C h 4SX l ve-n / SS: COUNTY OF �e-4� ) �✓ ��, n-g4 �!/Yl,being duly sworn according to law,deposes and says: 1. I am employed in the capacity of ASSVIO�f'0-01S)614-at Bank of America, N.A., as an officer of Bank of America,N.A. Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. The information in this affidavit is taken from Bank of America,N.A.'s business records. I have personal knowledge of Bank of America,N.A.'s procedures for creating these records. They are: (a)made at or near the time of the occurrence of the matters recorded by persons with personal knowledge of the information in the business record, or from information transmitted by persons with personal knowledge; (b)kept in the course of Bank of America,N.A.'s regularly conducted business activities; and(c)it is the regular practice of Bank of America,N.A. to make such records. 4. The Defendant,James E. Bowling,made executed and delivered a Mortgage upon the premises, 307 East Marble Street,Mechanicsburg,PA 17055-4264, on 07/31/2009,to Mortgage Electronic Registration Systems,Inc. as a Nominee for M&T Bank. 5. Plaintiff is the last assignee of the Mortgage by virtue of an Assignment of Mortgage dated 02/17/2012 and recorded on 02/21/2012 at Assignment of Mortgage Instrument No. File Name:JAMES E.BOWLING.PHS#292573 201205064. 6. Bank of America,N.A., Successor by Merger to BAC Home Loans Servicing,LP FKA Countrywide Home Loans Servicing LP directly or through an agent,has possession of the promissory note. The promissory note has been duly indorsed using a blank endorsement. 7. Defendant's mortgage payments due 11/01/2011 and each month thereafter are due and unpaid. 8. The amounts due on the mortgage are correctly stated as follows: Principal Balance $204,460.37 Interest $13,083.98 10/01/2011 through 12/31/2012 @ 5.125% Title Fees $250.00 Property Inspections/BPO $191.00 Late Charges $0.00 Escrow Deficit $3,072.27 TOTAL $221,057.62 9. Defendant has failed to reinstate the account. 10. Plaintiff provided Defendant with a Notice of Intention to Foreclose Mortgage. 11. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendant and to the severe detriment of Plaintiff. File Name:JAMES E.BOWLING.PHS#292573 y 12. Plaintiff properly accelerated its mortgage to protect its interests. NT'4e: i W§tr /U--, / Tit e• Date: Bank of America,N.A. On this S day of 0A t ,2011,before me a notary public,the undersigned officer,personally appeared thd above named person,known to me(or satisfactory proven)to be the person whose name is subscribed to the within instrument, and acknowledged that 6/he executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. Stamp/Seal: Notary Pub COMMONWEALTH OF PENNSYLVANIA Notarial seal Lance Jay Harrell,Notary Public City of M s"h,Allegheny county My convnWon 15"June 21,2016 MEMBER,PENNSYLVANIA ASSOM17ON OF NOTARIES File Name:JAMES E.BOWLING.PHS#292573 Exhibit "C" PHKM lrt LLP �. 1�d�lMwxi Htirhw�a�d,�1a.xo.31pS42 .{ ,e'�i 1617 AMBadWaK Safe 1400 Orr Peres cht phu ATroww POIt PLAIN1w PI III,PA 10103 21S-S63-7000 29573 RANKOFAMMU"NA,SUCCESSOR BY hWRWR TO SAC ROME LOANS SBRVXWO,LP COURT OF CC}i1CM0N P'L$AS �. F A COUNTRYWWE HOME LOANS SERVICIN0 . �' � CTYII.T)ItVISI01�1' }` 7105 CORPOI ATE DRTYE PLANO,TX 75M4 TRW pwndff NO. 1 Gk- a'1�17& 4 ojifi/ V. .T CUMBF,,RLAND COUNTY AME$E.BO 1't1 317 EAST MARBLE STREET MECIRANTCSBURt3,PA 1.7055.42614 Dint. UMAOM- ** Aloft 444% uup� err No 0: 292373 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20)days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you,and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 292573 1. Plaintiff is BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO,TX 75024 2. The name(s)and last known address(es)of the Defendant(s)are: JAMES E.BOWLING 307 EAST MARBLE STREET MECHANICSBURG,PA 17055-4264 who is/are the mortgagor(s)and/or real owner(s)of the property hereinafter described. 3 On 07/31/2009 JAMES E.BOWLING made,executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. AS A NOMINEE FOR M&T BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200927654. By Assignment of Mortgage recorded 02/21/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No.201205064.The mortgage and assignment(s),if any,are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage,upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. Filc#7 292573 6. The following amounts are due on the mortgage as of 03/01/2012: Principal Balance $204,460.37 Interest $4,366.10 10/01/2011 through 03/01/2012 Late Charges $177.74 Subtotal $209,003.61 Escrow Credit 727.37 TOTAL $208,276.84 7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s)in the Action;however,Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document,as applicable,have been sent to the Defendant(s)on the date(s) set forth thereon. WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $208,276.84, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN& SCHMIEG,LLP By: M w rushwood,Esquire Attorney for Plaintiff File#: 292573 LEGAL DESCRIPTION ALL T14AT Parcel of land in Borough of Mechanicsburg,Cumberland County,State of Pennsylvania,as more fully described in Deed Book 108,Page 433,ID# 17-24-0787-088. BEING known and designated as:THAT CERTAIN house and lot of ground situated in the Second Ward of the Borough of Mechanicsburg,County of Cumberland and State of Pennsylvania more particularly bounded and described as follows,to wit: BEGINNING at a point on the Northern side of East Marble Street extended,said point being one hundred seventy- five(175)feet measured along the Northern side of East Marble Street extended in an Easterly direction from the Northeast corner of East Marble Street extended and the Lower Sheperdstown Road;thence along property now or late of J.L.Blauser,Jr and Kathleen G.Blauser,his wife,in a Northerly direction one hundred fifty-nine(159)feet to a five(5)foot easement reserved for public utilities;thence along said five(5)foot easement in an Easterly direction fifty(50)feet to property now or late of Paul T. Shearer and Violena Mae Shearer,his wife;thence along said property now or late of Paul T Shearer and Violena Mae Shearer,his wife,in a Southerly direction one hundred fifty-nine(159)feet to the Northern side of East Marble Street"tended;thence along the Northern side of East Marble Street extended in a Westerly direction fifty(50)feet to the place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 307 East Marble Street,Mechanicsburg,PA, 17055. PROPERTY ADDRESS:307 EAST MARBLE STREET,MECHANICSBURG,PA 17055-4264 PARCEL#17-24-0787-088. File#: 292573 VERIFICAATION hereby states that/ i� ;, ` ~ �� of BANK(3F AMERICA,N.A.,Plaintiff in this matter,that)i�j hh is authorized to make this Verification,and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of s er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unworn falsification to authorities. BATE: Titl BANK OF AMERICA,N.A. File#: 292573 Name: BOWLING Fite#: 2925'3 Exhibit "D" i BANK OF AMERICA, N.A., : IN THE COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP ; CUMBERLAND COUNTY,PEN NSYLV44IA,,,, FKA COUNTRYWIDE HOME = {1 LOANS SERVICING LP -a7 '"" = -r, Plaintiff, 2 � , , �rw f-- V. NO 12-2324 Civil -ci �- JAMES E. BOWLING, c ?o Defendant CIVIL ACTION ANSWER TO COMPLAINT AND NOW COMES James E. Bowling, Defendant, Pro Se, in response to the Complaint filed by Plaintiff in this matter, states as follows: 1. Admitted, upon information and belief. Z. Admitted. 3. This paragraph is a conclusive statement to which no response is required. Further, the Mortgage is a recorded, written document which speaks for itself. To the extent it may be determined that a response is required to Plaintiffs averment, it is denied. 4. The premise description is a written document which speaks for itself. To the extent it may be determined that a response is required to Plaintiffs averment, it is denied. 5. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent it may be determined that a response should be required to Plaintiff's averment, it is denied. k 6. Defendant is without sufficient knowledge or information to admit or deny f Plaintiff's averment. Accordingly, it is denied. Strict proof is demanded at any I hearing in this matter. 7, This paragraph is a conclusive statement to which no response is required. Further, the averment contained In this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent it may be determined that a response is required to Plaintiff s averment, it is denied. 8. Defendant is without sufficient knowledge or Information to admit or deny Plaintiff's averment. Accordingly, it is denied. Strict proof is demanded at any hearing in this matter. WHEREFORE, the Defendant, James E. Bowling requests judgment in his favor and against the Plaintiff, and other relief deemed just and appropriate by this Honorable Court. T Date: " a�. a Joveis E. ng, ro Se 7 East Marble Street �`echanicsburg, PA 17050 t I 1 { CERTIFIC&Ig OF SERVICE On the 7th day of May, 2012, 1 certify that a copy of foregoing document was served upon the Counsel for the Plaintiff by placing the same in the United States mail, first class, postage paid, addressed as follows: Matthew Brushwood, Esquire Phelan Hallinan &Schmelg, LLC 1617 JFK Boulevard, Suite 1400 One Penn Center Philadelphia, PA 19103 Date, �.� L ©' p LW*,o es E. Bowling, Pro Se } 6 1 Exhibit "E" BankofAmerlea 1" PRESORT Hone Loans First-Class Mail PO Box 9048 U.S.Postage and Temecula,CA 92589-9048 Fees Paid 7196 9006 9295 6894 4668 W SO Send Payments to: P.O.Box 15222 Wilmington,DE 19888-5222 Send Correspondence to: PO Box 5170,MS SV314B Simi Valley,CA 93065 20120103-7 I�llnn��nl�ll�llr���llnll�lll��illi�l���l� Irrlllllllllll James E Bowling 307 East Marble Street Mechanicsburg, PA 17055-4264 LW- INIMAIS C3_1445 BLQPA114091 0 8/242011 Bankof America -01- Send Payments to: Nom Loans P.O.Box 15222 P.O.Box 942073 Wilmington,DE 19666-5222 Simi Valley, CA 93094-1288 January 3, 2012 Certified Mail: 716 9006 9295 689 James E Bowling Return Receipt Reautest 4 4668 307 East Marble Street Regular Mail Mechanicsburg, PA 17055-4264 Account No.44FINOW Property Address: 307 East Marble Street Mechanicsburg, PA 17055-4264 Current Servicer: Bank of America,N.A. NOTICE OF INTENT TO FORECLOSE MORTGAGE Este as un avilso importante respecto a su derecho de ocupar su case.Favor de traducirlo de inmediato. (This is an Important notice concerning your right to live in your home.Have It translated at once.) Our records indicate that you transferred all or a part of your interest in the above referenced property and/or allowed your mortgage loan to be assumed. however, you were not released from contractual liability for the loan. Therefore, you are stiff contractually responsible for repayment of this debt.We regret to advise you that this loan Is In default,and we are prepared to Initiate foreclosure proceedings.The following letter was sent to the current owner of the property: The MORTGAGE held by Ginnie Mae(hereinafter we, us or ours)on your property located at 307 East Marble Street Mechanicsburg, PA 17055-4264 IS IN SERIOUS DEFAULT because you have not made the monthly payments for the months of Monthly Charoes: 11/01/2011 $1,428.59 12/01/2011 $3.014.78 Late charges and other charges have also accrued to this date in the amount of$117.44 Late Charaes; 11/01/2011 $57.14 12101/2011 $60.30 Other Charaes: Uncollected Late Charges: $0.00 Uncollected Costs: $0.00 Partial Payment Balance: ($0.00) TOTAL DUE: $4,560.81 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $4,560.81. You may cure this default within THIRTY(30)DAYS of the date of this letter, by paying to us the above amount of$4,560.81, plus any additional monthly payments and late charge which mayfall due during this period.Such payment must be made either by cash, cashier's check, certified check or money order, and made at Bank of America, N.A. at P.O. Box 15222, Wilmington, DIE 1986&5222. If you do not cure the default within THIRTY(30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments.If full payment of the amount of default is not made within THIRTY(30)DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys,but you cure the default before they begin legal proceedings against you,you will still have to pay the reasonable attorney's fees, actually incurred,up to$50.00. However, if legal proceedings are started against you,you will have to pay the reasonable attorney's fees even If they are over$50.00.Any attorney's fees will be added to whatever you owe us,which may also include our reasonable costs. If you cure the This communication is from Bank of America,NA.,the servicer of your home loan. Planes write your account number on all checks and correspondence. We may charge you a fee(of up to$40.00)for any payment returned or rejected by your financial InslitutiDn,subject to applicable low, C3_1445 BLOPAI 14091004*011 Payment Instructions: JAccount Numb;jjJ71100W . Make your check payable iottankof James E Bowing Balance Due for charges listed above:$4,560.81 as of January 3,2012. America,N.A. 307 East Marble Street Please update e-mail information on Ins reverse sideofths coupon, - Don't send cash Please include coupon with your Mechanicsburg,PA 170554264 rA"—.W payment BLOPAI lo'—pe, For ail U month payment periods. W interest is calculaledon a monthlybasis. Esc,o. Accordingly,interest for all 6A months, including February, is calculated as Bank of America,N.A. 30rJ60 of annual interest,irrespective of the solcial number of days in the month. PO BOX 16222 For partial months,interest is calculated Wilmington,DE 19866-5222 dairy on the basis of a 365 day year. 1-800-669-0102 206717966900000456081000456081 1:58 6 9 900 5131: 206 7 1796611• default within the thirty(30)day period,you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 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 foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale [and perform any other requirements under the mortgage]. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately six(6) months from the date of this Notice.A notice of the date of the Sheriff 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 will be by calling us at the following number: 1-800-669-0102. This payment must be in cash,cashier's check,certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain In it.If you continue to live in the property after the Sheriff's sale,a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEYS FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, [AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Bank of America, N.A., the servicer of your home loan, is required by law to inform you that this communication is from a debt collector. This communication is from Bank of America,N.A.,the servicer of your home loan. E-mail use Pro N address below will allow us to send you information on your account. Now we post your payments: AN accepted payments of principal and interest will be applied to James E Bawling*Mwas! the longest outstanding installment due, unless otherwise expressly prohibited or limited by law. if you submit an amount in addition to your scheduled monthly amount, we will apply your payments as follows: Ill to outstanding monthly payments of principal and interest,(h)escrow deficiencies,(iii)late charges and other amounts you owe in connection with your loan and (hr) to reduce the outstanding principal balance of your loan. Please specify if you want an additional amount applied to future payments, rather than principal reduction. Postdated checks: Postdated checks will be processed an the date received unless a loan counselor agrees to honor the deft W011sm on the check as a condition of a repayment plan. 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 - -11= - 'Wg _.- IN 'I MINI 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: (HAMP) • 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 sale. 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 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/lender/invest6r), 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. We are here to help you. Please call us today. 7196 9006 9295 6694 466a Hay Opciones Disponibles Para Ayudarle a Evitar la Ejecuci6 n Hipotecaria Liame al n6mero que aparece en la notificacidin adjunta para obtener mss informaci6n Cuando flame,tongs Is informacl6n do sus ingresos y gastos disponibles Para qua podamos discutir cual ope16n(es) pueden funcionar Para usted. Opciones a considerar si su objetivo es permanecer en su casa gm MF Ni g 1111•WE Em .............. _0 I wi Hams Affordable Un programs del goblerno federal que le permite pager el pr6stamo baJo los nuevos t6rminos Modification acordados,que pueden incluir Is reducci6n de Is tasa de inter6s, agregando Is cantidad adeudada Program(HAMP) at final del pr6stamo, y/o extender el plazo del pr&stamo. Usted puede ser elegible para este programs si cumple con los siquientes requisitos: • La case es su residencia principal y actualmente vive en elia. • La cantidad adeudada an Is primers hipoteca debe ser igual o menos que$729,750 d6lares pars una vivienda unifamiliar,$934,200 d6lares pars una propiedad de 2 unidades,$1,129,250 d6lares para una propiedad de 3 unidades o$1,403,400 pairs uns propiedad de 4 unidades • He experimentado una dificulted que ha afectado sus ingresos. Par ejemplo, un aumento significative en su pago hipotecario 0 reducci6n de sus ingresos U otras dificultades. • Obtuvo su hipoteca antes del 01 de enero 2009. • Su pago de Is primers hipoteca (incluyendo principal,interilks,impuestos,seguro y cuotas de asoclaci6n de propietarios,si se aplics)debe ser m6s del 31%de sus ingresos brutos actuates. Para calcular esto, divide su pago hipotecario por sus Ingresos brutos(ingresos antes de impuestos). Restablecimiento Si usted puede traer sus pagos del pr6stamo hipotecario at dia,se le acepterAn los;fondos del Pr6stamo necesarios para que el pr6stamo este at dia hasta la fecho de la vents judicial. Plan de Pago Un acuerdo temporal que permite el pago de Is cantidad adeudada,cantidad del pago atrasado junto con Jos pagos regulates de Is hipoteca. Esto puede incluir principal, inter6s, honorarios y/6 costos,splicados a su pr6stamo. Acuordo, Un acuerdo por el cual nos comprometemos a no proceder con Is ejecuci6n hipotecaria y/o Temporal de coleccitin de pagos por un periodo de tiempo, para permitirle que restablezca su habilidad de Toterancla hacer los pagos requeridos. Modificaclibn de Pager at pr&stamo bajo los;nuevos tdrminos acordedos, que puede incluir Is reducci6n de la tasa Pr6stamo de inter6s,agregando Is cantidad adeudada at final del prdstamo, y10 extender el plazo del (no por madio prdstamo. do HAMP) Reclarno Parcial Si usted tiene un pr6stamo de Is Administraci6n Federal de Vivienda (FHA)y sus pagos est6n (solamente vencidos, Pero ahora puede hacer sus pagos regulars mensuales de Is hipoteca,este programa prestamos do Is est6 disehado para que su pr6stamo este at dia mediante la creaci6n 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 Home Diserlado para ayudar a los prestatarios que son elegibles para el Prograrna de Home Affordable Affordable Modification(HAMP), pero no tuvieron 6xito en obtener una modificaci6n permanente a trav6s del Foreclosure programa. HAFA ofrece Is posibilidad de una venta corta y,si no tiene 6xito, una entrego de Alternatives escritura para eviler juicio hipotecario. Una venta corta es una transacci6n en la que usted vende su Program propiedad por menos de la cantidad adeudada en el pr6stamo(sujeto a previo acuerdo de Su (HAFA) administrador/prestamista I inversionista), resultando en [a libereci6n de nuestro derecho de retenci6n sobre su propiedad y eviler la ejecuci6n hipotecaria. Una entrege de escritura para evitar juicio hipotecario es una transacci6n en Is que usted est6 de acuerdo de transferir voluntariamente las escrituras de su propiedad a nosotros con el fin de eviler la ejecuci6n hipotecaria, Vents Cortal Se ofrece a los prestatarios que no son elegibles pars HAMP u otras alternatives de retenci6n de Vents antes do hogar. Con una venta corta,usted vende su propiedad por menos de Is cantidad total adeudada en Ejecuc16n el pr4§stamo (sujeto a un acuerdo por su administrador/prestamista/inversionista),resultando en la Hipotecana(no liberaci6n de nuestro derecho de retenci6n sobre su propiedad y evitando la ejecuci6n hipotecaria. por medlo de HAFA) Entrega de Se ofrece a los prestatarios que no son elegibles pore HAMP u otras alternatives de retenci6n de Escritura Para hogar, y que no pudieron vender Is propiedad a trav&s de una vents corta. Con una entrega de EvItar Julclo escritura para eviler juicio hipotecario, usted estA de acuerdo a transferir voluntariamente las Hipotecario escrituras de su propiedad a nosotros para evitar Is ejecuci6n hipotecaria. (no por medio do HAFA) Estamos aqui para ayudarle. Par favor KfimenoS hoy. USPS.com® - Wrack& Confirm Page 1 of 1 English Customer service USPS Mobile Register Sign In "LISMCOM, Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm You entered:71989006929668944668 Status:Delivered Your Item was delivered at 12:40 pm on January 09,2012 in MECHANICSBURG,PA 17066.Additional Information for this Rem Is stored in files offline. You may request that the additional Information be retrieved from the archives,and that we send you an e-mall when this retrieval Is complete.Requests to retrieve additional Information are generally processed momentarily. 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LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy, Government Services) About USPS Home> Business Customer Gateway Terms of Use, Buy Stamps&Shop, Newsroom> Postal Inspectors, FOIA, Print a Label with Postage, Mail Service Updates, Inspector General, No FEAR Act EEO Data, Customer Service, Forms&Publications) Postal Explorer, Site Index> Careers, CopyrightC 2013 USPS.All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction?gtc_tLabelsl=71969006929568944668 3/15/2013 Exhibit "F" CRPRCHRBS20a 12/19/2012 7:49:05 PM PAGE 3/005 Fax Server Op 00 o0 00 00 00 00 00 00 00 00 00 00 Oo 00 00 00 00 00 00 OR 00 00 00 00 00 00 00 0o OR OR OR OR OR OR N o c 00 oft we 00 00 00 00 00 00 Oo Oo 00 00 00 Oo 00 00 OR O r r 0 O O O O O O 0 0 O O OR O O OR OR OR O O O O OR O O 47 I^Cl -C U � CD H 76 ro � J O O O o co O O O O O O O O O O O O O O O O O a 0 m 0 0 0 0 0 0 00, C C O a 0 $ �� �W N:4R N:(I no fl.CR N:In N ecl �av tir i°.w no oom polo nm nr°Di o°v fmD ID OD O f0 pM OD AN OG r1l� CC�Oyi CG pp� CG imp in m O m N w^r 0 oN (eft N w m mm (ate a O� Hro r r r r C4 N N r N N N N N r W U) Lo wO O m O 0Ii N N O m O 4i CL Qyj W 001 W m m W W W W W O m W oi m O m W CD C J C N pp ��yy pp yy�p p��pp (� o o p pp (p -0--5 0 O� �IG N V f`Nir mf6 V N 4Uif� ADO 80 n I'! a°'o8 m pN 04^'1 Om .�-M 8cj W <A O O O Ol CV/Y (9 17 tt O 4i M ci w m N N CD O W Ol O OI r W .r: `�60 a � N� i� Xis i8 A� XiI �R ?'<Q U C Q ,- 0 o" c o" CL 'C Co N N N N N N N N N N 04 04 N O N 94 94 N O N W CL Co N � C) 0 NN 8 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 47 fD IN A tLJ tN t) 4O i IA m pliI oo10 (') N N c p M a ON N N N N 0 N O N O 0 O O O O O O �2 p n IA to 1D 01 CD d1 O> 0) Oj . 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U fn [/7 2 0 cc N coy J J d a J d a CUL J J J J Cl d N (n r7i w w w w w c7i c=7 0 Lu cc cc cc cc Cc cc El Ir Cc a� d O o 0 0 0 o r r r r r r r r r r r r 8 8 R R 8 Ri R R R O � N .W g C 0 n n N r n It w CD N w M fO co Cj cm m r r r r O O O O O O O O O O O O CRPRCHRBS20a 12/19/2012 7:49: 05 PM PAGE 5/005 Fax Server r 88 88 88 88 88 88 88 88 88 - ro C�m co 00 00 00 vo 00 00 00 00 00 00 00 00 ro 00 00 0o OR OR ro m U o c m (� O O O 000 g 00 O 00 00 3 0 m °o, o°° °o, °o, °o a 0 0 0O, e ro c 0 CL O rr 2r 80 88 82 21 OD ID n r n 0 n 1.: O N N N ,of N�y U N O n T n V n m O O O r N p O C'r N N Q N [D N N N �cl 1� M O O ro N N M to W CO O �� V O 8 8 O 8 y w LO N m c m C 8 ro m I 8� s s0 8� $ SM q I ci In Cl) Lo 0 wo o 0 0 0 m N o r N n m m m m m m N� N U 5 O O O O O O O O O C N N N N N N N N N � m 0 C r r r r r r r r r N N N N N N N O N N O p pp LL� O O O O In m Cl) a a 9 (O fD Yi ccl N r Cj Q. Z Z Z Z a x p ~ a a a. a F- H Q ZZ cc cc cc rn N ? H O -j J J a a O N D O 0 N � U m m 2 N � c C as O QO m r_ r r r N_ N N N_ N O � N � � c co ao rn io w co rn o, m o o a 3 a 0 0 0 0 0 r PHELAN HALLINAN, LLP By: Joseph P. Schalk,Esquire Identification No.91656 Attorney for Plaintiff 126 Locust Street Harrisburg,PA 17101 (215)563-7000 BANK OF AMERICA,N.A.,SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE Civil Division HOME LOANS SERVICING LP CUMBERLAND County Plaintiff No. 12-2324-CIVIL VS. JAMES E.BOWLING 307 EAST MARBLE STREET MECHANICSBURG,PA 17055-4264 Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Praecipe for Argument and supporting exhibits were sent via first class mail to the person on the date listed below: JAMES E. BOWLING 307 EAST MARBLE STREET MECHANICSBURG, PA 17055-4264 Respectfully submitted, PHELAN HALLINAN, LLP Date: March 2013 By: _ J P. chalk,Esquire Atto ey or Plaintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) �3 Bank of America, N.A. as successor by merger to BAC Home Loans Servicing, LP f/ka/ Countrywide Home Loans <C:i -0 (Plaintiff) vs. r CD CZ) James E. Bowling a (Defendant) No. 12-2324-CIVIL 1. State matter to be argued(i.e., plaintiff s motion for new trial,defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff. Joseph P. Schalk,Esquire Address: 126 Locust Street, Harrisburg,PA 17101 (b) for defendant: James E. Bowling, pro se Address: 307 East Market Street,Mechanicsburg, PA 17055-4264 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 10,2013 Date: March 18, 2013 Jos h Scha k, squire Atto ne for Plaintiff a04W 19.71 a 0�# Ia9 79 2tt,t2?P0-�s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A.,SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE Civil Division HOME LOANS SERVICING LP CUMBERLAND County Plaintiff No. 12-2324-CIVIL VS. C-) �:�o JAMES E.BOWLING r7i 307 EAST MARBLE STREET C:) C:) C) MECHANICSBURG,PA 170554264 =C:) Defendant ORDER NOW,this /0 day of 2013 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response,if any, filed by Defendant,the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law,and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant,JAMES E. BOWLING,for$221,057.62 plus interest from January 1,2013 and other costs and charges collectible under the mortgage,for foreclosure and sale of the mortgaged property. BY THE COURT: 44� J . ?J-.!tLk' J. FlED-Or[CE OF THE PR0THOld0TAR"'Y 2013 JUL 18 AV 11= 49 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP. Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563=7000 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Court of Common Pleas FKA COUNTRYWIDE HOME LOANS SERVICING LP Civil Division 7105 CORPORATE DRIVE Term PLANO, TX 75024 No.2012-2324-Civil Plaintiff V. Cumberland County JAMES.E. BOWLING 307 EAST MARBLE STREET MECHANICSBURG,PA 17055-4264 Defendant Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Bank of America, N.A. Successor (hereinafter 'Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On April 13, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due November 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On April 17, 2012, Plaintiff completed service on Defendant of the Complaint in 292573 i Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice via posting to the property. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint,the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request,the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Rather, Defendant filed an Answer to Plaintiff's Complaint and elected to litigate the underlying foreclosure.action. 8. Plaintiff filed a Motion for Summary Judgment on March 21, 2013 and argument was held on same on May 10, 2013, at which time,this Honorable Court entered judgment in favor of the Plaintiff. 292573 9. Since Defendant opted not to participate in the Diversion Program and instead, litigated the instant foreclosure action, it is appropriate for the stay to be lifted nunc pro tunc and the judgment confirmed. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program,the stay be lifted nunc pro tunc, and the judgment entered May 10, 2012 is hereby confirmed. Respectfully submitted, PHELAN HALLINAN, LLP Date: S BY: ?ose rhSchalk, Esquire r Plaintiff 292573 Exhibit A S Li Jr fy rn .', PHELAN HALLINAN.&SCHMMO,LLP � t- .••^" Matiaw Brushwood,Esq.,Id.No:310592 1617 JFK.Boulevar3.Suite 1400 ATTORNEY FOR PLAINTIFF P� y One Penn Center Plats PhObdeVhia,PA 19103 215-5637000 292573 BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP COURT OF COMMON PLEAS • FKA,COUNTRYWIDE HOME LOANS SERVICING , LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO,TX 75024 TERM tiff Platy N O. V. CUMBERLAND COUNTY JAMES E.BOWLING 307 EAST MARBLE STREET MECHANICSBURG,PA 17055-4264 Defendant • CIVIL ACTION-LAW COMPLAINT IN Mfllt'TGAGE FORF-CWSURE Ohs *at A7TQRjVk-,V,! uup� File 9: 292573 NOTICE You have`been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other clai n or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-31.66 (800)990-9108 File#: 292573 1. Plaintiff is, BANK OF AMERICA,N.A.;SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA. COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendants) are: JAMES E.BOWLING 307 EAST MARBLE STREET MECHANICSBURG,PA 17055-4264 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3.: On 07/31/2009 JAMES E. BOWLING made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. AS A NOMINEE FOR M&T BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County,in Mortgage Instrument No. 200927654. By Assignment of Mortgage recorded 02/21/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201205064.The mortgage and assignrnent(s), if any, are matters of public i record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4: The premises subject to said mortgage is described as attached. 5: The mortgage is iii default because monthly payments of principal and interest upon said 1 ' mortgage due 11/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. i i File N: 292573 u,, :r.:. .w.:... .... ......................... f.. ...:.'......._.r. r 6. The following amounts are due on the mortgage as of 03/01/2012: Principal Balance $204,460.37 I Interest $4,366.10 10/01/2011 through 03/01/2012 Late Charges $177.74 Subtotal $209,003.61 Escrow Credit 7($ 27.37) i TOTAL ; $208,276.84 7.; Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s)in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right,if such right exists.. If Defendant(s)has/have received a discharge of personal liability in a.bankruptcy proceeding,this Action of Mortgage Foreclosure is.in no way an attempt to reestablish such.personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable,have been sent to the Defendant(s)on I the date(s) set forth thereon. WHEREFORE,Plaintiff demands an.in rem judgment against the Defendant(s) in the sum of $208,276.84, together with interest, costs,fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN.& SCHMIEG,.LLP f By. . Mafiih w tosllwaoP Esquire Stloitey for Plaintiff File#; 292573 LEGAL DESCRIPTION ALL THAT Parcel of land in Borough of Mechanicsburg,Cumberland County,State of Pennsylvania,as more fully described in Deed Book 108,Page 433,ID# 17-24-0.787-088. BEING known and designated as:THAT CERTAIN house and lot of ground situated in the.Second Ward.of the Borough of Mechanicsburg,County of Cumberland and State of Pennsylvania more particularly bounded and described as follows,to wit: BEGINNING at a point on the Northern side of East Marble Street extended,said point being one hundred seventy- five(175).feet measured along the Northern side of East Marble Street extended in an Easterly direction from the Northeast corner of East Marble Street extended and the Lower Sheperdstown Road;thence along property now or late of J.L.Blauser,Jr and Kathleen G.Blauser,his wife,in a Northerly direction one hundred fifty-nine(159)feet to a five(5)foot easement reserved for public utilities;thence along said five(5)foot easement in an Easterly direction fifty(50)feet to property.now or late of Paul T.Shearer and Violena Mae Shearer,his wife;thence along said property now or late of Paul T Shearer and Violena Mae.Shearer,his wife,in a Southerly direction one hundred fifty-nine(159)feet to the Northern side of East Marble Street extended;thence along the Northern side of East Marble Street extended in a Westerly direction fifty(50)feet to the place of BEGINNING. 7 HAVING thereon.erected a dwelling house known and numbered as 307 East Marble Street,Mechanicsburg,PA, 17055. PROPERTY ADDRESS:307 EAST MARBLE STREET,MECHANICSBURG,PA 17055-4264 PARCEL#17-24-07.87-088. File#: 191513 VERIFICATION. ll hereby states that}�e sh i of BANK OF Y / AMERICA,N.A., Plaintiff in.this matter,thatK/Gis authorized to make this Verification,and verify that the statements made in the foregoing Civil Action in Mortgage.Foreclosure are true and correct to the best of i er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE ., + At BANK OF AMERICA,N.A. File#: 292573 Name: BOWLING File N: 29203 Exhibit IB SHERIFF'S OFFICE OF CUM, BERLAND COUNTY Ronny R Anderson Sheriff ,ij�at taaib�'� Jody S,Smith -Chief Deputy Rkharit.W Stewart swicifor, or TW Bank,bf America,NA Vs. Case Number ,James E,t3tsv4ing 161242 24 SHERIFF`S RETURN OF SERVICE 04117/011 06:57 OM-Shawn Harrison.;Deputy Sheriff,wtiobbeing duly sworn according to slaw,,states that on April 17,:2012 st 1857 tvours, he served4 true copy of the within Complaint in Mortgage Foreclosure,upon the within named defendant,to wit:James:E: Bowling,sbymaking known unto Frances Bowling,.Wdaof Defendant at 307E.Marble Street,Mechanicsburg,Cumberland County °Pe -ylvania 17055 its'contents and at fife sama.timefianding to her personally the'said tare and -o the same: HARRISON,,DEPUTY SHERIFF bOST:$35.00 SO ANSW_ ERS,. April 19,2012 RONWf R ANDERSON;SHERIFF' Ccl C�s►,erdt.t��wa�t,ieie, PHELAN HALLINAN, LLP Joseph P. Schalk,Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff BANK OF AMERICA,N.A., SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Civil Division FKA COUNTRYWIDE HOME LOANS SERVICING LP Term 7105 CORPORATE DRIVE PLANO, TX 75024 No.2'012-2324-Civil Plaintiff Cumberland County V. JAMES E. BOWLING 307 EAST MARBLE STREET MECHANICSBURG,PA 17055-4264 Defendant CERTIFICATION,OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: JAMES E. BOWLING 307 EAST MARBLE STREET MECHANICSBURG,PA 17055-4264 Date: B o s rph Schalk, Esquire 'Att rneyfor Plaintiff 292573 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Court of Common Pleas FKA COUNTRYWIDE HOME LOANS SERVICING LP Civil Division 7105 CORPORATE DRIVE Term PLANO, TX 75024 No.2012-2324-Civil Plaintiff V. Cumberland County ; JAMES E. BOWLING 307 EAST MARBLE STREET N -���, MECHANICSBURG, PA 17055-4264 r �`' 4 ,,, C) Defendant C'= C) - ORDER AND NOW,this Z t 4 day of ) d lI , 2013, upon consideration of Plaintiff s Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may execute upon the judgment entered May 10, 2013. BY THE COURT: J. 3 292573 `� CC: James E. Bowling Joseph P: Schalk, Esq., Id. No. 91656 Attorney for Plaintiff AELAN HALLINAN,LLP Joseph P. Schalk,Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17.101 215-563-7000 ,JAMES E. BOWLING 307 EAST MARBLE STREET MECHANICSBURG,PA 17055-4'264 PtC�rri�n - COM sent 292573 i PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER BANK OF AMERICA, N.A.,AS COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A CIVIL DIVISION COUNTRYWIDE HOME LOANS NO. 12-2324-CIVIL M, rrn G r SERVICING,LP �� ' "-5 Plaintiff CUMBERLAND COUNTYZ, . V. JAMES E. BOWLING Defendant(s) PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER To the Prothonotary: Kindly Enter Judgment per the Court Order dated 05/10/2013 in favor of the Plaintiff and against JAMES E.BOWLING,defendant(s). As Set Forth in the Order $221,057.62 Phelan Hallinan,LLP Melissa J. Cantwell,Esquire Attorney for Plaintiff PHS#786394 odp Witt IN THE COURT OF COMMON PLEAS OF CUMBERLAND-COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A.,SUCCESSOR BY Court of Common Pleas C MERGER TO BAC HOME LOANS SERVICING,LP I+KA COUN'T'RYWIDE Civil Division fIOME LOANS SERVICING LP CUMBERLAND County 'Plaintiff No. 12-2324-CIVIL VS. ,JAMES E. BOWLING T. 307 EAST MARBLE STREET MECHANICSBURG, PA 17055-4264 Defendant ` ORDER NOW,this /D f day of /�'I , 2013 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof,and upon consideration of the Response, if any,filed by Defendant,the Court detennines that Plaintiff is entitled to Summary Judgment as a matter of law,and it is hereby: OTUMIJl ED and DECREED that an in reran judgment is entered in favor of Plaintiff and against Defendant, JAMES L. BOWLING,for$22L,057.62 plus interest from .lamiary 1, 2013 and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. BY THE COURT: .l. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA, N.A.,AS SUCCESSOR BY MERGER TO SAC COURT OF COMMON PLEAS HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION Plaintiff NO.: 12-2324-CIVIL V. JAMES E.BOWLING CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $221,057.62 Interest from 05/11/2013 to Date of Sale $7,558.72 ($36.34 per diem) TOTAL $228,616.34 Phelan Hallinan,LLP Melissa J. Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff Note: Please attach description of property. C a PH#786394 r x ca CD n h Qka`�' A50 -7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiff V. JAMES E.BOWLING Defendant(s) PRAECIPE FOR WRIT OF EXECUTION : (Mortgage Foreclosure) Fi ed: Address where papers may be served: JAMES E.BOWLING Phelan Hallinan,LLP 307 EAST MARBLE STREET Melissa J.Cantwell,Esq.,Id.No.308912 MECHANICSBURG,PA 17055-4264 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT Parcel of land in Borough of Mechanicsburg,Cumberland County,State of Pennsylvania,as more fully described in Deed Book 1.08,Page 433,ID#17-24-0787-088. BEING known and designated as:THAT CERTAIN house and lot of ground situated in the Second Ward of the Borough of Mechanicsburg,County of Cumberland and State of Pennsylvania more particularly bounded and described as follows,to wit: BEGINNING at a point on the Northern side of East Marble Street extended.,said point being one hundred seventy-five(175)feet measured along the Northern side of East Marble Street extended in an Easterly direction from the Northeast corner of East Marble Street extended and the Lower Sheperdstown Road; thence along property now or late of J.L.Blauser,Jr and Kathleen G.Blauser,his wife,in a Northerly direction one hundred fifty-nine(159)feet to a five(5)foot easement reserved for public utilities;thence along said five(5)foot easement in an Easterly direction fifty(50)feet to property now or late of Paul T. Shearer and Violena Mae Shearer,his wife;thence along said property now or late of Paul T Shearer and Violena Mae Shearer,his wife,in a Southerly direction one hundred fifty-nine(159)feet to the Northern side of East Marble Street extended;thence along the Northern side of East Marble Street extended in a Westerly direction fifty(50)feet to the place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 307 East Marble Street,Mechanicsburg, PA, 17055. TITLE TO SAID PREMISES VESTED IN James E. Bowling,by Deed from Cherry Properties, LLC., a Limited Liability Company dated 0713112009,recorded 08/06/2009 in Instrument Number 200927653. PREMISES BEING:307 EAST MARBLE STREET,MECHANICSBURG,PA 17055-4264 PARCEL NO. 17-24-0787-088. PHELAN HALLINAN, LLP . Ffl: -0-FFI : Attorneys for Plaintiff Melissa J. Cantwell, Esq., Id. No.308912t 'NQNOAr` ' 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza AUG . 1,--,0_91 ;.. . Philadelphia, PA 19103 Melissa.Cantwell @phelai ihallinan.com CUM BERLAND „ ' PENNSYLVANIA 215-563-7000 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS .BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP : CIVIL DIVISION Plaintiff NO.: 12-2324-CIVIL N. JAMES E.BOWLING, CUMBERLAND COUNTY Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: { ) the mortgage is an FHA Mortgage { ) the premises is non-owner occupied ( ) the premises is vacant { } Act 91 procedures have been fulfilled (X} Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197,41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: ,Phelan Hallinan,LLP Melissa J.Cantwell,Esq.,Id.No_308912 Attorney for Plaintiff I j f - j _ a BANK OF AMERICA, N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION Plaintiff NO.: 12-2324-CIVIL V. JAMES E. BOWLING CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP,Plaintiff in the above action,by the undersigned attorney,sets forth'as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 307 EAST MARBLE STREET,MECHANICSBURG,PA 17055-4264. I. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained "rt please so indicate) JAMES E.BOWLING 307 EAST MARBLE STREET, x= . � —0 MECHANICSBURG,PA 17055-4264 �D "G :7 CD 0 r—x --i { m a 2. Name and address of Defendant(s)in the judgment: ZQ ; Name Address(if address cannot be reasonably ascertained,please so indicate) a ?' .TAMES E.BOWLING 307 EAST MARBLE STREET MECHANICSBURG,PA 17055-4264 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained, please indicate) None. PH#786394 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 307 EAST MARBLE STREET MECHANICSBURG,PA 17055-4264 FRANCES M.BOWLING 901 WELLSLEY WAY PLAIN CITY,OH 43064-8509 JAMES E.BOWLING C/O DRIAN K. 2608 N 3RD STREET ZELLNER,ESQUIRE HARRISBURG,PA 17110-2003 JAMES E.BOWLING,PRO SE 307 EAST MARBLE STREET MECHANICSBURG,PA 17055 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA- HARRISBURG,PA 17108-1754 FEDERAL BUILD.ING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904.relating to unsworn falsification to authorities. Date: AUG 2 6 2013 : B Phelan Hallinan,LLP Melissa J.Cantwell,Esq.,Id.No.3089 t2 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 I i PH#786394 i BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION Plaintiff NO.: 12-2324-CIVIL VS. CUMBERLAND COUNTY JAMES E.BOWLING Defendant(s) CO rnm C-- G1 -Onl :�Oc:) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY C:) TO: JAMES E.BOWLING *P C-) --t— z 307 EAST MARBLE STREET c:;) �C- MECHANICSBURG,PA 17055-4264 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 307 EAST MARBLE STREET,MECHANICSBURG,PA 17055-4264 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$221,057.62 obtained by BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You maybe 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. 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. i 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 (1.0) days after the filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249.3166 (800) 990.9108 E SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-2324-CIVIL BANK OF AMERICA, N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP V. JAMES E.BOWLING owner(s) of property situate in the MECHANICSBURG BOROUGH, CUMBERLAND County, Pennsylvania,being 307 EAST MARBLE STREET,MECHANICSBURG,PA 17055-4264 Parcel No. 17-24-0787-088. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $221,057.62 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT Parcel of land in Borough of Mechanicsburg,Cumberland County,State of Pennsylvania,as more fully described in Deed Book 108,Page 433,ID#1.7-24-0787-088. BEING known and designated as:THAT CERTAIN house and lot of ground situated in the Second Ward of the Borough of Mechanicsburg,County of Cumberland and State of Pennsylvania more particularly bounded and described as follows,to wit: BEGINNING at a point on the Northern side of East Marble Street extended,said point being one hundred seventy-five(175)feet measured along the Northern side of East Marble Street extended in an Easterly direction from the Northeast corner of East Marble Street extended and the Lower Sheperdstown Road; thence along property now or late of J.L.Blauser,Jr and Kathleen G.Blauser,his wife, in a Northerly direction one hundred fifty-nine(159)feet to a five(5)foot easement reserved for public utilities;thence along said five(5)foot easement in an Easterly direction fifty(50)feet to property now or late of Paul T. Shearer and Violena Mae Shearer,his wife;thence along said property now or late of Paul T Shearer and Violena Mae Shearer,his wife,in a Southerly direction one hundred fifty-nine(1.59)feet to the Northern side of East Marble Street extended;thence along the Northern side of East Marble Street extended in a Westerly direction fifty(50)feet to the place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 307 East Marble Street,Mechanicsburg, PA, 1.7055. TITLE TO SAID PREMISES VESTED IN James E. Bowling, by Deed from Cherry Properties, LLC., a Limited Liability Company dated 07/31/2009,recorded 08/06/2009 in Instrument Number 200927653. PREMISES BEING:307 EAST MARBLE STREET,MECHANICSBURG,PA 17055-4264 PARCEL NO. 17-24-0787-088. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 12-2324 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.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiff(s) From JAMES E.BOWLING (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:$221,057.62 L.L.:$.50 Interest FROM 5/11/2013 TO DATE OF SALE($36.34 PER DIEM)-$7,558.72 Atty's Comm: Due Prothy:$2.25 Arty Paid: $206.50 Other Costs: Plaintiff Paid: Date: August 29,2013 W rothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MELISSA.J.CANTWELL,ESQUIRE Address:Phelan Hallinan,LLP 1617 HK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for:Plaintiff Telephone:215-563-7000 Supreme Court ID No.308912 r i s PHELAN HALLINAN,LLP Attorney for Pla nt NOV -7 A1110: 13 Adam H.Davis,Esq.,Id.No.203034 CUMBERLAND C O U N T ' 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A.,AS SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, . LP F/K/A COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS SERVICING,LP Plaintiff, CIVIL DIVISION v. No.: 12-2324-CIVIL JAMES E.BOWLING Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa.R.C.P.3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 Date: [ (p �/�/ Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#786394 Name and Phetas Hallinan,LIP d 111 f43. Address 1617 WE Boulevard,State 1400 . 5 Of Sender One Perm Center Plaza 1 0 '-7 Philadelphia;PA 19193 AZK/GII.-12104/2013 SALE .. Tine Article Number Name of Addrenee,Street,'and Post OTTiee Address PoslaLe '�, 41 e.� �, . 1 71*** TENANT/OCCUPANT $0.45 307£A:T MARBLE STREET 3, e, MECHIANIC SBURG,PA 170554264 4 , \\\ �_�:5 2 *•M FRANCES M.EO iT LING �' $0.45 0« 901.WELLSLEY WAY .. v PLALN CITY,OH 430444509 I< g 3 'e*** JAMES E.BOWLING CO DRYAD K.ZELLNER,ESQUIRE 30.45 j ' :2608 N 3RI)STREET • HARRISBURG,PA 17110-2003 , .;.. T. :t.. 4 **** JAMES E.BOWLING,PRO SE $0.45 307 EAST MARBLE STREET . MECHANICSBURG,PA 17055 5 **•* DOMESTIC RELATIONS OF : 50.45 CUMSERLANI>COUNTY 13 NORTH HANOVER STREET CARLISLE,PA 17013 6 **'"" COMMONWEALTH OF PENNSYLVANIA , 30.45 DEPARTMENT OF WELFARE • P.O.ROE 2675 HARRISBURG,PA 17105 7 **+w INTERNAL REVENUE SERVICE ADVISORY 50.45 1000 LIBERTY AVENUE ROOM 704 4 Yrrrsaritoi,PA 15.22 . . 8 a" U.S.DEPARTMENT OFJUSTI.LE. 50.45 .U.S.ATTORNEY FOR THE MIDDLE.DISTRICT OF PA N ., FEDERAL BUILDING 228 WALNUT STREET.SUITE 220 P(1 BOX 11754 HARRISBURG,PA 17108-1704 JAMES E.00 WLINi BY{, D1=.„- A 1116M0n0V_, PI!1 of 1 Writ Tcai in ! 53.40 Tao It1a10etdr •TOefl Mann O(PNiiN . Pa1trtlq(.,°t SNaa of a*NI daiJtntaanr ratia waqual sl m sh*mast an uYeoW ru—ittoP mail. Me mamma a kaatay a a"'b Pker.Lrii.4 by Lender a.0,:<.1 N P*iOlar Prowl.ii Pepe ) /or do one den.noi aWdoeuoe n*iuile.Mc**,MO do.unw mor.un:uon inter,o 55-4,00 Per line W ttlna Uak of6S0400apromuwpei:"Ir minimum indemnify lay.bk on r.pm.*Mail fremhaidne a SW) 11a artin•p.16damily payable is$13 en kw rgiYkod ne a sea wiii aptiata1 innr.asee.Se oa er Met Anal 1900$913 aid8911 6w Ilmitad rsof comsae. Form 3877 Facainik r = t l! i PHELAN HALLINAN,LLP t , , Attorney for Plaintiff One Penn Center Plaza rt � � tp CC(lfr ' 1617 JFK Boulevard, Suite 1400 r t`i, 5) L VA N I 1'1 Philadelphia,PA 19103 jonathan.etkowiez@phelanhallinan.com 215-563-7000 • BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS • CUMBERLAND COUNTY SERVICING, LP F/K/A COUNTRYWIDE HOME COURT OF COMMON PLEAS LOANS SERVICING, LP CIVIL DIVISION • Plaintiff • NO. 12-2324-CIVIL • v. JAMES E. BOWLING Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, JAMES E. BOWLING, by certified mail and regular mail to JAMES E. BOWLING at 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 and posting 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for December 4, 2013. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, JAMES E. BOWLING, with the Notice of Sale at the mortgaged premises, 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service made as the property is vacant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of November 6, 2013,no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on November 13, 2013 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs November 13, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, JAMES E. BOWLING, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to JAMES E. BOWLING at 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055- 4264 and posting 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 and by publication. Phelan H. • , LLP DATE: I I 2-0/-3 By: 4■11/ J rh. . Etkowicz, Esquire - ID No: 208786 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 • BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS • CUMBERLAND COUNTY SERVICING, LP F/K/A COUNTRYWIDE HOME • COURT OF COMMON PLEAS • LOANS SERVICING, LP • CIVIL DIVISION • Plaintiff • NO. 12-2324-CIVIL • v. JAMES E. BOWLING Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph(A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, JAMES E. BOWLING, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and(3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the of return of service, hereto as Exhibit "A",the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to JAMES E. BOWLING at 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 and posting 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 and by publication pursuant to PA.R.C.P. 3129.2. Phelan • •4 an� LP 3 0ri DATE: l I By: .11∎41/ / Jonat• . tkowicz, Esq., Id.No.208786 A .rney for Plaintiff • PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 • BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS • CUMBERLAND COUNTY SERVICING, LP F/K/A COUNTRYWIDE HOME : COURT OF COMMON PLEAS LOANS SERVICING, LP • CIVIL DIVISION • Plaintiff • NO. 12-2324-CIVIL • v. JAMES E. BOWLING Defendant CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail,postage prepaid to the following interested parties on the date indicated below. JAMES E. BOWLING 307 EAST MARBLE STREET MECHANICSBURG, PA 17055-4264 Phelan Hallinan, LLP DATE: I V ( l �J � J By: , OW an T:Etkowicz, Esq., Id.No.208786 •rney for Plaintiff EXHIBIT "A" AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE PH#786394 HOME LOANS SERVICING,LP DEFENDANT SERVICE TEAM/lxh, JAMES E.BOWLING COURT NO.:12-2324-CIVIL SERVE JAMES E.BOWLING AT: TYPE OF ACTION 307 EAST MARBLE STREET XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055-4264 SALE DATE: December 4,2013 SERVED Served and made known to JAMES E.BOWLING,Defendant on the_day of ,20 at ,o'clock .M.,ate ,in the manner described below: _Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is __Adult in charge of Defendant's residence who refused to give name or relationship. —Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company, Other: Description: Age Height Weight Race Sex Other I, ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unworn falsification to authorities. DATE: _m NAME:__ PRINTED NAME: '1'fl'LE: tt� mar SERVED ______���� , On the (b day of at 1`9&clock ttik f v'''ba competent adult hereby slat.that Defendant nt ROTFOUNU because: Vacant Does Not Exist Moved _Does Not Reside(Not Vacant) No Answer on at : at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: ,° 1fi‘,2. PRINTED NAME: '" ' ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 (L) EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 786394 Attorney Firm: Phelan Hallinan LLP Subject: James E.Bowling Current Address: 901 Wellsley Way,Plain City,OH 43064 Property Address: 307 East Marble Street,Mechanicsburg,PA 17055 Mailing Address: 901 Wellsley Way,Plain City,OH 43064 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct James E.Bowling-xxx-xx-4305 B. EMPLOYMENT SEARCH James E. Bowling-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that James E.Bowling reside(s) at: 901 Wellsley Way, Plain City,01-143064. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that James E. Bowling reside(s) at: 901 Wellsley Way,Plain City,OH 43064. On 09-25-13 our office made a telephone call to the subject's phone number (614)873-2232 and received the following information: spoke with James E. Bowling who confirmed that he resides at 901 Wellsley Way,Plain City,OH 43064. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-25-13 we reviewed the National Address database and found the following information:James E.Bowling-901 Wellsley Way,Plain City,OH 43064. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. IV.OTHER INQUIRIES A. DEATH RECORDS As of 09-25-13 Vital Records and all public databases have no death record on file for James E. Bowling. V. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH James E.Bowling-1958 B. A.K.A. James Edward Bowling;James M. Bowling *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the enalties of 18 Pa C.S.. 4904 relating to unsworn falsification to authorities. 4-1-c s - 47.4 The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C " ......YYYi ..sr+�..vAm....._--........uwn,u..w•r•f/At .±;.un... ..4.i n ./' }•vw-+nNVMiPntRw•�.nrxe-v��.�..Mbi.�.w.. .-. ... ..... .. .«... ....... T t I l ' * • • • •r � • . . 0 i .. 1:: rtn *• r E n `` fir mi. .•• iii fil 4.4 PI .: g ifs gA i 8 b 1 ;Pr! i i Z. 141 Is C II .4 a ix a. ! ,ire y. .V • N ~gg '.: Ill ... l'" .:' agl ; b 1 liii• v i a I.t - is . . . .. . . I , n ., • ..•,.: ..,: ::,. .. :........ ... . .,..... .. . .1s. ..... •.. us.P AGET 111!... �.!«.,°, t ..1,c,�' 21R-15103. t'j 001.66 /: '•�3" ,'•`'rt 02 1" v 13 2013 40• w - - :r. 0011331191FIO .p +L,' r • #1. Fs tk:•: a ssrt uCs a}�.F 'oy 'k. :•: • .rr, s . 'vw ,YrS ' ,i 1" '> sK3. E � ' ` r r �,•'�• r F ' : 4 .a.^w�Y T .k':244.:',4--7,„„,yi• t., r h�.' .' k•s -it..','--;,-.;,.,: t .;;t _.»swt.: .j. ;.:,.» z,., _.. ..' ,,,.� ....:.rYL.'�. . .... .. r. .;.�a>a.:,�.3,. __. .,, • Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania November 13,2013 JAMES E. BOWLING 307 EAST MARBLE STREET MECHANICSBURG, PA 17055-4264 RE: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP v. JAMES E. BOWLING Premises Address: 307 EAST MARBLE STREET, MECHANICSBURG,PA 17055-4264 CUMBERLAND County,No. 12-2324-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by November 20, 2013. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY, Legal Assistant for Phelan Hallinan, LLP 786394 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA,N.A., AS SUCCESSOR • BY MERGER TO BAC HOME LOANS • CIVIL DIVISION SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP : NO. 12-2324-CIVIL • • , Plaintiff • • . �1 JAMES E. BOWLING -`'CD Defendant ? c3 ORDER ---(—._ a , AND NOW,this Z.�' day of to.....t•-4'' , 2013, after �` ` ' consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant JAMES E. BOWLING by: REGULAR MAIL TO JAMES E. BOWLING at 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 Service by mail is complete upon the date of mailing k ''° ' ok watIs4e.t wk, P c, • C44-4 orf 436 L `( CERTIFIED MAIL TO JAMES E. BOWLING at 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 Service by mail is complete upon the date of mailing (-- POSTING 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY TH COURT: �. 4 J. H# 786394 CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 JAMES E. BOWLING 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 C6ry , ,.1•ed I l frn//3 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff VS. JAMES E. BOWLING Defendant , - F Fr i E 1101;10 20111 flAl? -7 .411 00 CUEp APiO COIJNTY PEP1INSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-2324-CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to JAMES E. BOWLING on 12/18/2013 in accordance with the Order of Court dated 11/27/2013. The property was posted on 12/20/2013. •The undersigned understands that this state ent is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: Phelan Hallinan, LLP By: Jona Atto Aide hAr Obb, Esq., Id. No.3 2 74 ,147. y for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS CIVIL DIVISION SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP NO. 12-2324-CIVIL Plaintiff v. JAMES E. BOWLING Defendant AND NOW, this c.= rri < c: 1rx (7, ORDER day of , 2013, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant JAMES E. BOWLING by: REGULAR MAIL TO JAMES E. BOWLING at 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 Service by mail is complete upon the date of mailing a" +II '10 VSCAt.14.1 14h4,11 pj.. C.4h1 014 4304.11 CERTIFIED MAIL TO JAMES E. BOWLING at 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 Service by mail is complete upon the date of mailing POSTING 307 EAST MARBLE STREET, MECHANICSBURG, PA 170554264 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY TO "COURT: yH # 786394 /cc PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 JAMES E. BOWLING 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 ebri jet/ 1/1//3 Name and Address of Sender Line PHELAN HALLINAN & SCHMIEG One Penn Center at Suburban, Suite 1400 Philadelphia, PA 19103 e Number Name of Addressee, Street, and Post0fiieeAddress NAMES E. BOWLING ;307 EAST MARBLE STREET MECHANICSBURG, PA 17055 -4264 * * ** JAM.ES E. BOWLING !901 WELLSLEY WAY PLAIN CITY, OH 43064 -8509 ' * * ** 4 2 IRE :. JAMES E. BOWLING PHS# 786394 Total Number of I Total Number of Pieces Received at Post Office Pieces Listed by Sender Postmaster, Per Employee) ame of Receiving LXH- *NOTICE OF SALE: CERTIFICATE OF MAILING* CODE: 1020 II I I II I.ifiIll huh! ijflfl 7178 2417 6099 0153 5834 LXH / 786394 JAMES E. BOWLING 307 EAST MARBLE STREET MECHANICSBURG, PA 17055 -4264 - -fold here (regular) -- fold here (6x9) - -fold here (regular) USPS.com®.- USPS TrackingTM English Customer Service USPS Mobile Quick Tools USPS TrackingTM Ship a .Package Send Mail Tracking Number: 178241760 901635834 Expected o , e�livery 'Day. Friday, December 20, X013. ProdUct &:'Tracking Postal Product:: ,First-Class Meil® I nformatior Featuires: Certified Mail" Manage Your Mail January 17, 2014 ,1.0:00 am January 16,: 2014. , 11 :39 'am_ Notice Left (No Authorized Recipient :Available) January 15, 2014 , 10:28 . Processed through USPS Sort Facility pm January 14, 2014 , 5:10 Processed through pm January 13, 2014 USPS Sort Facility Depart USPS Sort Facility January 12, 2014 , 1:06 Processed through USPS Sort Facility pm January 8, 2014 , 8:50 pm Processed through USPS Sort Facility PHILADELPHIA; PA 99103: PHILADELPHIA, PA 19103 PHILADELPHIA, PA 19176 LANCASTER, PA 17604 LANCASTER, PA 17604 LANCASTER, PA 17604 HARRISBURG, PA 17107 Ri: https : / /tools.usps. corn /gol TrackConfirmAction .action?tLabels= 71782417609901535834 2/7/2014 w USPS.com® USPS Trackingrm December 20, 2013, 10:53 am December 20, 2013 , 1037 am • December 20, 2013, 10:27 am December 20, 2013 , 6:07 am December 20, 2013 December 19, 201 Pm December 18, 2013 , :39 : • Decemberi 8,2013 , :84: PM . December , 8:19 :1• :Pm, December 18, 2013 Moved, Left no Address Out for Delivery Sorting Complete Arrival at Unit Depart USPS Sort Facility Processed through USPS Sort Facility Depart USPS Sort Facility Processed at USPS Origin Sort Facility Accepted at USPS Origin Sort Facility Electronic Shipping Info Received What's your tracking (or receipt) number? LEGAL Privacy Policy Terms of Use ) FOIA No FEAR Act EEO Data MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 HARRISBURG, PA 17107 HARRISBURG, PA 17107 PHILADELPHIA, PA 1-9176 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19103 Track It Page 2 of 2 ON USPS.COM ON ABOUT.USPS.COM Government Services ) Buy Stamps & Shop ) Print a Label with Postage Customer Service ) Delivering Solutions to the Last Mile ) Site Index aUSPICOM* Copyright> 2014 USPS, All Rights Reserved, About USPS Home ) Newsroom USPS Service Alerts ) Forms & Publications ) Careers https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901535834 2/7/2014 7178 2417 6099 0153 5841 LXH / 786394 JAMES E. BOWLING 901 WELLSLEY WAY PLAIN CITY, OH 43064-8509 --fold here (regular) --fold here (6x9) --fold here (regular) USPS.com -USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile USPS.0011/1 Quick Tools Ship a Package Send Mail Manage Your Mail USPS TrackingTM Tracking Number: 71782417609901535841 Expected Delivery Day: Saturday, December 21, 2013 Product & Tracking Information Postal Product: First-Class Mail® features: Certified Mail January 3, 2014 , 1116 am *.lanuary 2, 2914 , 1:34 pm Delivered Available for Pickup January 1, 2014 , 1104 Processed through pm LISPS Sort Facility December 31, 2013 , 7:11 Pm December 30, 2013, 12:53 pm December 28, 2013 , 1:14 Pm December 21, 2013 , 9:33 am December 21, 2013 , 8:20 am Processed through USPS Sort Facility Processed through LISPS Sort Facility Processed through USPS Sort Facility Undeliverable as Addressed Out for Delivery PHILADELPHIkPA19103: • • • PHILADELPHIA, PA 19104 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19176 COLUMBUS, OH 43218 COLUMBUS, OH 43218 PLAIN CITY, OH 43064 PLAIN CITY, OH 43064 II RI https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901535841 2/7/2014 USPS.com ® - USPS TrackingTM Page 2 of 2 December 21, 20 am December 21, 2013 , 8:06 am December 20; 2013 , 10:33 pm December 20, 2013 December 18, 2013 December 18, 2013 , 9:34 pm Sorting Complete. 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About USPS Horne Newsroom > USPS Service Alerts > Forms & Publications > Careers https:// tools. usps.com /go /TrackConfirmAction. action ?tLabels = 7178241760990153 5841 2/7/2014 AFFIDAVIT OF SER PLAINTIFF BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/IUA COUNTRYWIDE HOME LOANS SERVICING, LP DEFENDANT JAMES E. BOWLING SERVE JAMES E. BOWLING AT: 307 EAST MARBLE STREET MECHANICSBURG, PA 17055 -4264 *S **PLEASE POST THE PROPERTY * ** * *PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER ** CE CUMBERLAND COUNTY PH tl 786394 SERVICE TEAM/ sml COURT NO.: 12- 2324 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 03/12/2014 SERVED Served d made known to JAMES E. BOWLING, Defendant on the a`O day of PeCelt t 720 li , at (2- o'clock . M., at 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264, in the manner described below: Defendant personally served. Adult family member with whom Defendants) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager /Clerk of place of lodging in which Defendant(s) reside(s): Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: • a MD THE PROPERTY ,, Description Age Height Weight Race Sex Other I, 44t- net1C -0.4 a competent adult, hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. CS. Sec, 4904 relating to:unawom falsification to authorities. DATE: 3 NAME ;:r X tqC■s- :::.,..... PRINTED NAME: d'o`t' u t'" oe TTFLE: rLOtexs ct' 4ett.. NOT SERVED On the day of , 20 , at o'clock , M., I, , a competent adult hereby state that Defendant NOT FOUND because; _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on __ Service Refused Other: I understand that this 'statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: � v PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hellinan, Esq., Id. No. 62695 Daniel O. Scbmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No, 58745 Jenne R Davey, Esq, Id. No. 87077 Lauren R. Tubas, Esq., 14. No. 93337 Jay E. Jones, Esq., Id. No, 86657 Andrew L. Spivack, Esq., Id. No, 84439 Chrisovalante P. Fliakos, Esq„ Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Mario J, Henyon, Esq., Id. No. 203993 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED -OFFICE HE PROTHONOTARY 20141 AY - I AM 10: 53 PENNSYLVAN A UNTY Bank of America NA vs. James E. Bowling Case Number 2012-2324 SHERIFF'S RETURN OF SERVICE 09/20/2013 04:18 PM - Deputy Shawn Gutshall, 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 307 East Marble Street, Mechanicsburg - Borough, Mechanicsburg, PA 17055, Cumberland County. 11/12/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: James E. Bowling, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 307 E. Marble Street, Mechanicsburg, PA 17055, property is vacant. 11/26/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/12/2014 03/12/2014 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 on March 12, 2014 at 10:00 a.m. He sold the same for the sum of $ 134,000.00 to Barclay W. Fitzpatrick, Jr., Mary Jane Casavant, h/w and Michael S. Murchie and Allison Browdie, h/w, being the buyer in this execution, paid to the Sheriff the sum of $ 04/11/2014 Proposed Schedule Of Distribution Posted, all parties notified. SHERIFF COST: $3,535.32 SO ANSWERS, X15: April 24, 2014 RONR ANDERSON, SHERIFF C) Court Sul ., nerlff. r ele....oft. Inc. W•0©1 ` adz__ .23- ed . . 9daf 011-0- 3Os- ; %y On September 9, 2013 the Sheriff levied upon the • defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 307 East Marble Street, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: September 9, 2013 By: Real Estate Coordinator bti :b V OE NV E101 Vd aoriT38kno j_4113.3HS 3H1 JO 331330 LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2012-2324 Civil Term BANK OF AMERICA N.A. vs. JAMES E. BOWLING Atty.: Joseph Schalk By virtue of a Writ of Execu- tion No. 12 -2324 -CIVIL, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP f/k/a COUNTRY- WIDE HOME LOANS SERVICING, LP v. JAMES E. BOWLING owner(s) of property situate in the MECHANICS - BURG BOROUGH, CUMBERLAND County, Pennsylvania, being 307 EAST MARBLE STREET, MECHAN- ICSBURG, PA 17055-4264. Parcel No. 17-24-0787-088. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $221,057.62. 25 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: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, ijditor SWORN TO AND SUBSCRIBED before me this 25 da of October, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. `2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Oe pahiot-lews Now you know 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 2012.2324 CMI Term BANK OF AMERICA NA vs. JAMES E. BOWUNG Atty: Joseph Schalk By virtue of a Writ of Execution No. 12 -2324 -CIVIL BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP v. JAMES E. BOWLING owner(s) of property situate in the ' MECHANICSBURG BOROUGH, CUMBERLAND County, Pennsylvania, being 307 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4264 Parcel No. 17-24-0787-088. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $221,057.62 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn to nd subscribed before me this 11 day of November, 2013 A.D. 1 ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCLATION OF NOTARIES 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 Barclay W Fitzpatrick Jr, Mary Jane Casavant, Michael S Murchie & Allison Browdie is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 29th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2324, at the suit of Bank of America N A by BAC Home Ln Ser L P fka Countrywide Home Loans Ser LP against James E Bowling is duly recorded as Instrument Number 201408837. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of Recorder of Deeds ds, Cumberland County, Carlisle, PA Comm mon Expires the First Monday of Jan. 2018