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Home My WebLink About12-2325POWERS, KIRN & JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-2090 r ,r"r,J't'L',,lf? °Y ATTORNEYS FOR PLAINTIFF BANK OF AMERICA, N.A 1800 TAPO CANYON ROAD MAIL STOP #SV-103 SIMI VALLEY, CA 93063 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY PLAINTIFF VS. S. JEFFREY FISHER JR MICHELLE E. FISHER 42 WHITE OAK BLVD. MECHANICSBURG, PA 17055 DEFENDANTS NO. a0l 2. ?3a S Li Vi/ COMPLAINT IN MORTGAGE FORECLOSURE 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 defense 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 Fisher, Michelle E. S Q,?} el ?k ?t 3?m 9 cJ ?? X37 93 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WELL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Fisher, Michelle E. POWERS, KIRN & JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-2090 ATTORNEYS FOR PLAINTIFF BANK OF AMERICA, N.A 1800 TAPO CANYON ROAD MAIL STOP #SV-103 SIMI VALLEY, CA 93063 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY PLAINTIFF VS. S. JEFFREY FISHER JR MICHELLE E. FISHER 42 WHITE OAK BLVD. MECHANICSBURG, PA 17055 DEFENDANTS NO. COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. Bank of America, N.A., (hereinafter referred to as "Plaintiff") is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. S. Jeffrey Fisher Jr. and Michelle E. Fisher (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between the Defendants and itself as Mortgagee. The Mortgage, dated September 26, 2001, was recorded on September 27, 2001 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book: 1734, Page 1453. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. Fisher, Michelle E. -4. The Mortgage secures the indebtedness of a Note executed by the Defendants on September 26, 2001 in the original principal amount of $145,378.00, payable to plaintiff in monthly installments with an interest rate of 7.125%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 42 White Oak Boulevard, Mechanicsburg, PA 17055. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendants are the Record Owners of the mortgaged property located at 42 White Oak Boulevard, Mechanicsburg, PA 17055. 7. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. The date of Defendants default is May 1, 2010. 8. As a result of the default, the following amounts are due: Principal Balance $128,768.96 Interest from 4/01/2010 to 12/15/2011 $15,643.31 Accumulated Late Charges $146.91 School Tax Payment $1,876.02 City Tax Payment $569.68 Hazard Insurance Payment $860.00 Property Inspection/Preservation $305.00 Cost of Suit and Title Search $550.00 Attorneys Fees and Costs $1,300.00 TOTAL $150,019.88 plus interest from 12/16/2011 at $25.1364 per day, costs of suit and attorney's fees. 9. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Fisher, Michelle E. 10. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403. 11. The Notice of Intention to Foreclose was required and Plaintiff sent the notice pursuant to 41 P.S. Section 403, to the Defendants by regular and certified mail on September 7, 2011. A copy of the Notice is attached and made a part hereof as Exhibit `C'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $150,019.88 together with the interest from 12/16/2011 at $25.1364 per day, plus reasonable attorney's fees and costs of suit, which Plaintiff is obligated to pay for services rendered. POWERS, KIRN & JAVARDIAN, LLC BY: T Gregory Javardian, squire Id. No. 55669 ?Mary F. Kennedy, Esquire Id. No. 77149 ? Meghan K. Boyle, Esquire Id. No. 201661 ? Sean P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff Fisher, Michelle E. EXHIBIT `A' '01 SEP 27 Rt7 I1 57 Prepared By. J I LL JAN I SCH . Return To: FL9-700-01-01 BANK OF AMERICA, N.A. JACKSONVILLE POST CLOSING 8300 NORMAN CENTER DR, 10TH FL BANK OF AMERICA BLOOMINGTON, MN 55437 9000 SOUTHSIDE BLVD. BLDG 700, FILE RECEIPT DEPT. JACKSONVILLE, FL 32256 Parcel Number. 38220146134 [Space Above This Line Por Recording Dais] 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 SEPTEMBER 26, 2001 together with all Riders to this document. (B)"Borrower"is S. JEFFREY FISHER JR. AND MICHELLE E. FISHER, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument- (C) "Lender" is BANK OF AMERICA, N.A. Lender is a NATIONAL BANKING ASSOCIATION organized and existing under the laws of THE UN I TED STATES OF AMER I CA PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT -SPA) coooaf Form 30 1/01 1 1111 NEI f•a9. 1 of 76 O ITit{ill: VMP MORTGAGE FORMS - 1800) 291 CVPA 09/25101 12:23 low BKI734PUG 1453 Lender's address is 8300 NORMAN CENTER DR, 10TH FL, BLOOM I NGTON, MN 55437 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory now signed by Borrower and dated SEPTEMBER 26, 2001 . The Note states that Borrower owes Lender ONE HUNDRED FORTY F I VE THOUSAND THREE HUNDRED SEVENTY EIGHT AND 001100 Dollars (U.S. S 145,378.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 01, 2031 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "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. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider HI-4 Second Home Rider Balloon Rider Planned Unit Development Rider Family Rider VA Rider 0 Biweekly Payment Rider Q Other(s) [specify) (H) "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. (I) "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. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous 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. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. Initfsl . (M-SPA) (0009) P.S. 2 0 19 Form 3035 1/01 CVPA 09/25101 12:23 PM MEN BK1734PG1454 (O) "RESPA" 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. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note 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 agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY of CUMBERLAND [Type of Recording Jurisdiction) [Name of Recording Jurisdiction] "LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF." 42 WHITE OAK BOULEVARD MECHANICSBURG ("Property Address"): which currently has the address of [Street] [City) . Pennsylvania 17055 [Zip Cade] 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." (12k-SPA) 10008, v... 3 r ie CVPA 09/25/01 12:23 PM W isla: Form 3039 1101 BK 1734PG 1455 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 Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and 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 check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be Initial -StPA) loooal a?aa or 16 4-e Form 3039 1101 CVPA 09/25101 12:23 P!A Uwe OK ! 734PG 1456 applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender 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 waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this .Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution 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 Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shalt not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. Initials (24-6(PA) (0009) vaa. y of ae WForm 3039 1/01 CV?A 09/25101 12:23 PUUft 8K 1 734PG 1457 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 Lender 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 performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which 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. 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 toss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders 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 tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with. the review of any flood zone determination resulting from an objection by Borrower. It 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, Borrowers equity in the Property, or the contents of i"R;sis: -B(PA) 10000) P.O. 60 16 4W Form 3039 1101 CVPA D9/25/01 12:23 Mona BK1734PG1458 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. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee andfor 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 promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is. completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 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 offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as 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 Initial!: CL-SMA) (0000) P.S. > .1 Is Form 3038 1/01 CVPA 09/25/01 12:23 PAfIMM 1734PG1459 nu or, date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is 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. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan. application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate Initia V Ck-WPA) (0000) P.D. SO fE Form 3039 7101 CVPA 09125/01 12:23 PM BKI734PG1460 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. lo. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender 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 required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiumi for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners prot lion of 1998 or any l n i"l- OUL-BIPA? 10009) C r is Form 3039 1/01 CVPA 09/25/91 12:23 PW MW BK 1734PG 146 1 other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and 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 erasure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of.pr ess 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 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 tatting, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction; (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. 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 Pro y or to the sums secured by this Security Instrument, whether or not then due. "Opposing arty" 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 impairment of Lender's interest in the ('?', -6(PA) 10006) P.O. io of loll-']"-"C`'CT dorm 3039 1101 CVPA 09125/01 12:23 PM "MR BKI734PG1462 Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall 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 sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of 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, an Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a is cosigning this SecL2 strument only to mortgage, grant and convey the co-signer's interest in the Property the terms of this Secwity Instrument; (b} is not personally obligated to pay the sums by this uriy Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for.the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee 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 sub2ect to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be 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 made 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 InitiN:• y?-61PA1 10009) p,y. r er ie Form 3039 1/01 CVPA 09/25101 12:23 PM BK 1 734PG 1463 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 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. 15. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other proviaaons of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine ender 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. I& Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow. agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in -$orrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 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 Initials: V 414-81PA) WOOD) P.9. iz oI Is Form 3038 1/01 CVPA 09/25/01 12:23 PM vm? gK 1734PG 1464 which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 28. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. if there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, 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) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Initial (R-SWA) (0000) ?.a. 13 0+ to 4W Form 3039 1101 CVPA 0912510112:23 PM BK ! 734PG 1465 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is to violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental raw of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to. any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any prvate party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of a4y covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22. including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release- Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. -g(PA) 10000) Pam„ is >f Is Form 3039 1/01 CVPA 09125101 12:23 PM 4 BK1734PG1466 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of 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. 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. Witnesses: (Seal) • R Vim R -Borrower VJ, ?J ?_&TSeal) MICHELLE E. FISHER -Borrower -61PA} (0008) (Seal) (Seal) -Borrower -Borrower _ (Seal) (Seal) -Borrower -Borrower _ (Seal) (Seal) -Borrower -Borrower v.y 15 f 1e Form 3039 1/01 CVPA 09125/01 12:23 PMfw? BK ! 734PG 1467 Certificate of Residence Mq-7 7__?f I, eo? AF &&c ]H o hereby certify that the correct address of the within-named Mortgagee is 8300 NORMAN CENTER DR, 10TH FL, BLOOMINGTON, MN 55437 Witness my hand this 26TH day of SEPTEMBER, 2001 Uft4K Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, CJ,V1 Pmt / County ss: On this, the o` day of c-)9 76M 8 V before me, the undersigned officer, personally appeared f_ jEff-reE FlSNec, SSG - a,#v& Mt(LHEL(,E E- F-is r known to me (or satisfactorily proven) to be the person(s) whose name(s) i subscribed to the within instrument and acknowledged that hetshetjfe' xecuted the same for -fhc purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal: My Commission Expires: NOTARIAL SEAL r ELIZABETH A. MOTTEH Notary Ptdr>!C Camp 11111 Wro, CWft9rlend CMAY 0 7 (' tl 'J (?( `?.,1' M ; ?? -?? My Commiabn Expires Dec. 1s, 2003 ' >Het1 , Pub Assts don of Nota1>a8 Title of Officer : ..ar. I Certify this to be recorded In Cumberland County PA ? w i 0 i Recorder of Deeds Wtials: -(;aP,) coooe) P.S. is a# is Form 3039 1/01 CVPA 09/25/01 12:23 PMqm? M(1734PG1468 EXHIBIT "A" MORTGAGE LEGAL ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, as set forth on a Final Subdivision Plan for Trindle Spring Development, Section Two, Trindle Spring Development Company, as prepared by Robert G. Hartman, Jr., P.E., R.S., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 61, page 105 and more particularly described as follows: BEGINNING at a point on the northern right of way line of White Oak Boulevard, said point being a common property corner of Lots Nos. 47 and 48; thence along Lot No. 48 North 24 degrees 15' West, a distance of 165.08 feet to a point along Lot No. 44; thence along Lot No. 44 North 67 degrees 10' East, a distance of 27.73 feet to a point; thence along Lot No. 46 South 48 degrees 50' East, a distance of 158.36 feet to a point; thence along the western right of way line of White Oak Boulevard and a curve to the right having a radius of 225 feet, an arc length of 90.54 feet to a point, the place of beginning. BEING Lot No. 47 on the aforementioned Final Subdivision Plan for Trindle Spring Development, Section Two, Trindle Spring Development Company. PARCEL NO. 38-22-0146-134 (FISHER. PFD/FISHER/2) 8t'/ 1734PG t 469 EXHIBIT `B' NOTE 09126101 MECHANICSBURG PA [Date] LCityl (State) 42 WHITE OAK BOULEVARD, MECHANICSBURG, PA 17055 [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 145 , 378.00 (this amount is called "Pri ncipal"), plus interest, to the order of the Lender. The Lender is BANK OF AMERICA, N.A. [will make all payments under this Notein the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments tinder this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7 , 125 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1ST day of each month beginning on NOVEMBER 01, 2001 I will make these payments every month until I have paid all of the principal.and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on OCTOBER 01, 2031 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date.' I will make my monthly payments at BANK OF AMERICA, P .O , BOX 9000, GETZV 1 L L E , NV 14068-9000 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 979.44 4. BORROWER'S RIGHT TO PREPAY I HAVE THE RIGHT TO MAKE PAYMENTS OF PRINCIPAL AT ANY TIME BEFORE THEY ARE. DUE- A PAYMENT OF PRINCIPAL ONLY IS KNOM AS A -PREPAYMENT." WHEN I MAKE A PREPAYMENT, I WILL TELL THE NOTE HOLDER IN WRITING THAT I AM DOING SO. I MAY NOT DESIGNATE A PAYMENT AS A PREPAYMENT IF 1 HAVE NOT MADE ALL THE MONTHLY PAYMENTS DUE UNDER THIS PATE. I MAY MAKE A FULL PREPAYMENT OR PARTIAL PREPAYMENT WITHOUT PAYING ANY PREPAYMENT CHARGE. AFTER PAYING ANY LATE FEES OR OUTSTANDING FEES THAT I OWE. THE NOTE HOLDER WILL USE MY PREPAYMENTS TO REDUCE THE AMOUNT OF PRINCIPAL THAT I OWE UNDER THIS PATE. HOWEVER, THE NOTE HOLDER MAY APPLY MY PREPAYMENT TO THE ACCRUED AND UNPAID INTEREST ON THE PREPAYMENT AMOUNT BEFORE APPLYING MY PREPAYMENT TO REDUCE THE PRINCIPAL AMOUNT OF THIS NOTE. IF I MAKE A PARTIAL PREPAYMENT. THERE WILL BE NO CHANGES IN THE DUE DATES OR IN THE AMOUNT OF MY MONTHLY PAYMENT UNLESS THE PATE HDLDER AGREES IN WRITING TO THOSE CHANGES. MULTISTATE FIXED RATE NOTE - Single Family P,s. 1 ?! 7 BSSNto101) VMP MORTGAGE FORMS - (aDO)521-7291 BSSR 09125101 12:23 PM "nine 111111111111111110 inn iiiil 111111 loll 111111191111111 IN 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted li mit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments It the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it err by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address- 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE. This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: 8S5N to t0)) P.9.2 el 3 BSSR 09/25101 12:23 PM own" 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 Tender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITN-ESS THE (S) AND SEAL (S) OF THE UNDERSIGNED. CHELLE E. FISHER _ (Seat) -Borrower (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower PAY To TT-11= ^ ^Er4 OF (Seal) -Borrower WITHOUT RECOURSE (Seal) Ran. of A.... fta, N. A., -BOttOweT BY A h? WILLIAM L. CRAIG (Seal) -Borrower (Seal) -Borrower (Sign Original Only) BS5N to ion o.e• 3 ?* 3 BSSR 09/25/01 12:23 PM 4NNNOW EXHIBIT `C' . A.. V POWERS, KIRK & JAVARD1AN, LL C. September 7, 2011 Via: First Class and Certified Mail S. Jeffrey Fisher Jr. 42 White Oak Boulevard Mechanicsburg, PA 17055 Michelle.E. Fisher 42 White Oak Boulevard Mechanicsburg, PA 17055 1310 Industrial Boulevard 1" Floor, Suite 101 Southampton, PA 18966 Phone: (215) 942-9690 Fax: (215) 942-9695 NOTICE OF INTENTION TO TORECLOSE MORTGAGE The MORTGAGE currently held by Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP (hereinafter we, us or ours) on your property located at 42 White Oak Boulevard, Mechanicsburg, PA 17055, loan number 873606610, IS IN SERIOUS DEFAULT because you home not made the monthly payments of $1,179.45 for seven months and $1,189.19 for ten months from 5/1/10 through 8/1/11. Late charges and other charges have also accrued to this date in the amount of $371.91. 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 $19,605.47. Please also be advised that the original lender of your mortgage was Bank of America, N.A. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $19,605.47, plus any additional monthly payments and late charge wluch may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made to: BAC I -Tome Loans Servicing, LP, PO Box 15222, Wilmington, DE 19886, Attention: Payment Processing. 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 intent to instruct our attorneys to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed your- mortgaged propertywill 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 fee, 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. Ifyou cure the default within the thirty-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 Sheriff's 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 Sheriff's sale could be held would be approximately 3/1/2012. A notice of the date of 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 1-800-669-6650. 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 Sheriff's 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 PROEPRTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSER THE PROPERTY SUBJECT OT THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTAGE 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. Very KC,gory Java r.` ' Esquire Id. No. 55669 DMary F. Ke y, Esquire Id. No. 77149 OMeghan K. Boyle, Esquire Id. No. 201661 Po`Gi gu, XTXW 1&T19AVA?RAIAN LLC Attorney for Lender Notice Pursuant to Fair Debt Collection Practices Act attached. NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. VERIFICATION hereby states that he ?CSiS? vl 4&s Of BANK OF AMERICA, N.A., Plaintiff, in this matter, that he/4(;As 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 hi er knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: 1 I 1 ? 1 Name: S1 k N3cuz- e-L 1 Title: Q? S'1* BANK OF AMERICA N.A Fisher, Michelle E. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Bank of America, NA vs. S. Jeffrey Fisher, Jr. (et al.) FELFO-0rI`li;?w THE PPOT ONO T?,a 2412 MAY -7 PM 12.50 CUMBERLAND COUNTY PENNSYLVANIA Case Number 2012-2325 SHERIFF'S RETURN OF SERVICE 04/18/2012 12:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 18, 2012 at 1200 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: S. Jeffrey Fisher, Jr., by making known unto Michelle E. Fisher, Wife of Defendant at 42 White Oak Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 04/18/2012 12:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 18, 2012 at 1200 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michelle E. Fisher, by making known unto herself personally, at 42 White Oak Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.00 April 19, 2012 NOAH CLINE, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ?cj GoumySuite She,'Tf. Telec otT. ('1G. ,. . POWERS, KIRN & JAVARDIAN, LCC GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-2090 BANK OF AMERICA, N.A. 1800 TAPO CANYON ROAD MAIL STOP #SV-103 SIMI VALLEY, CA 93063 ~v~t.~'~t~~liJC: ~t~tl~~A~fCt~ 2~ a~ IQ~ I-8 rti-+i°~~t~~itt^Ii\U ~.+V~~1 1 ~'Et~NSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2012-232 vs. S. Jeffrey Fisher Jr Michelle E. Fisher 42 White Oak Boulevard Mechanicsburg, PA 17055 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against S. Jeffrey Fisher Jr and Michelle E. Fisher, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damag as follows: As Set forth in Complaint $150,019.88 Interest 12/16/2011 to 8/20/2012 6,233.83 TOTAL $156,253.71 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. CalGreg~y JavarZ'lian squire Id. No. 55669 ^ Mary F. Kennedy, quire Id. No. 77149 ^Meghan K. Boyle, squire Id. No. 201661. ^Sean P. Mays, Esquire Id. No. 307518 ^Richard J. Nalbandian, III, Esquire Id. No. 312653 Attorneys for Plaintiff Damages are hereby a sessed as indicated. A~~ DATE: ~ ~~ R Ia.SD~ a~ y(~ ~ ~ ~o27~$y'O ~~~ ~~ Powers, Kirn & Javardian, LLC Gregory Javardian, Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 Meghan K. Boyle, Esquire Id. No. 201661 Sean P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No. 312653 1310 Industrial Boulevard 15` Floor, Suite 101 Southampton, PA 18966 (215) 942-2090 Attorneys for Plaintiff BANK OF AMERICA, N.A. Plaintiff vs. S. Jeffrey Fisher, Jr. Michelle E. Fisher In the Court of Common Pleas CUMBERLAND COUNTY No. 2012-2325 Defendant S. Jeffrey Fisher, Jr. Michelle E. Fisher 42 White Oak Boulevard Mechanicsburg, PA 17055 S. Jeffrey Fisher, Jr. Michelle E. Fisher 42 White Oak Boulevard Mechanicsburg, PA 17055 DATE OF NOTICE: July 31, 2012 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required by you in this case. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose yo r property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer r cannot afford one, go to or telephone the following office to fmd out where you can get legal help. MidPenn Legal Services Cumberland County Bar Association 8 Irvine Row 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone: 717-243-9400 Phone: 717-249-3166 t~' Gre$ory Jab~r Esquire Id. No. 55669 ^ M F. Kenn d ,Esquire Id. No. 77149 ^ Meghan K. Bo e, Esquire Id. No. 201661 ^ Sean P. Mays, Esquire Id. No. 307518 ^ Richard J. Nalbandian, III, Esquire Id. No. 31 Powers, Kirn & Javardian, LLC Usted se encuentra en estado de rebeldia por no haber tornado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesid~ compararecer usted en Corte o escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes ; otros derechos importantes. Debe llevar esta notificacion a un abogado imrnediatemente si usted no tiene aboga si no tiene dinero sufieiente para tal servicio, vaya en persona o Name por telpfono a la oficina, cuya direccion s encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. ~~ "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USE FOR THAT PURPOSE" de 0 ~. POWERS, KIRN & JAVARDIAN, LCC GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215)942-2090 BANK OF AMERICA, N.A. COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY S. Jeffrey Fisher Jr No.: 2012-2325 Michelle E. Fisher VERIFICATION OF NON-MILITARY SERVICE The undersigned hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: ' (a) Defendant(s), S. Jeffrey Fisher Jr and Michelle E. Fisher, is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C.S. Appx. §§ 501 et. seq. (b) Defendant, S. Jeffrey Fisher Jr, is over 18 years of age, and resides at 42 White Oak Boulevard, Mechanicsburg, PA 17055. (c) Defendant, Michelle E. Fisher, is over 18 years of age, and resides at 42 White Oak Boulevard, Mechanicsburg, PA 17055. (d) Plaintiff, BANK OF AMERICA, N.A., is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 1.800 TAPO CANYON ROAD, MAIL STOP #SV-103, SIMI VALLEY, CA 93063. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ~Greg~y Javardia3~, Esquire Id. No. 55669 ^Mary F. Kenned squire Id. No. 77149 ^Meghan K. Boyle, Esquire Id. No. 201661 ^ Sean P. Mays, Esquire Id. No. 307518 ^Richard J. Nalbandian, III, Esquire Id. No. 312653 Attorneys for Plaintiff . j . w� a 2013 APR -4 AM 10: 7 ruM' con Ty POWERS,KIRN& JAVARDL4N,LLC Gregory Javardian, Esquire Id.No. 55669 Mary F. Kennedy, Esquire Id.No. 77149 Meghan K. Boyle, Esquire Id.No. 201661 Sean P. Mays, Esquire Id.No. 307518 Richard J.Nalbandian, III, Esquire Id.No. 312653 1310 Industrial Boulevard 2°d Floor, Suite 202 Southampton, PA 18966 (215) 942-2090 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, N.A. COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY S. JEFFREY FISHER JR No.: 2012-2325 MICHELLE E. FISHER PRAECIPE TO SUBSTITUTE PLAINTIFF TO THE PROTHONOTARY: Kindly substitute the Plaintiffs name to read as follows:NATIONSTAR MORTGAGE, LLC relative to the above matter,pursuant to an assignment of mortgage recorded March 26, 2013 in Instrument Number 201309518. A copy is attached and made a part hereof as Exhibit `A'. ❑ Gregory Javardian, Esquire Id. No. 55669 ❑ Mary F. Kennedy, Esquire Id. No. 77149 ❑ Meghan K. Boyle, Esquire Id. No. 201661 ❑ ,an P. Mays, Esquire Id. No. 307518 d Richard J. Nalbandian, III, Esquire Id. No. 312653 ATTORNEY FOR PLAINTIFF Date: q° 3 e aol 3 aLt 9. C44 6936 POWERS,KIRN& JAVARDIAN,LLC Gregory Javardian, Esquire Id.No. 55669 Mary F. Kennedy, Esquire Id.No. 77149 Meghan K. Boyle, Esquire Id.No. 201661 Sean P. Mays, Esquire Id.No. 307518 Richard J.Nalbandian, III, Esquire Id.No. 312653 1310 Industrial Boulevard 2nd Floor, Suite 202 Southampton, PA 18966 (215) 942-2090 ATTORNEY FOR PLAINTIFF BANK OF AMERICA N.A. COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY S. JEFFREY FISHER JR. No.: 2012-2325 MICHELLE E. FISHER CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of the Praecipe to Substitute Plaintiff was mailed to the Defendants, by regular, first class United States mail, to the below address on April 3, 2013. S. Jeffrey Fisher Jr. 42 White Oak Blvd Mechanicsburg, PA 17055 Michelle E. Fisher 42 White Oak Blvd Mechanicsburg, PA 17055 Date: '"1Q 36,43 zi , / - ❑ Gregory Javardian, Esquire Id.No. 55669 O Mary F. Kennedy,Esquire Id.No. 77149 ❑ Meghan K. Boyle, Esquire Id.No. 201661 ❑"Sean P. Mays, Esquire Id.No. 307518 fRichard J.Nalbandian, III, Esquire Id. No. 312653 ATTORNEY FOR PLAINTIFF • x 1 ti L r ! k &&& ®Pq VT '' �! . In 0 L'.... GA aA x x. r - O T U -u v u_ •°23 U a ...1 vi = 2 z v� x o cC 3 ° N ¢ 0 y W a d-, ^ ' V 0 ....ir.Z. o fn .�u N a 0 A o V7 -----'------..-* t INA ate .) ` tit Sig}er_ r Aoc, �"}f�_ I c, . mot+- ' c :z iw C A iiR�4`•' O C .;6 c' • ,▪ erg '1:::.'::;ZA*4.4 to O 4 R 9 � o N v- y W v N <r aZ) a m .' ;y r 3 Y 0 mac.. ✓_ `" P. w o -''' 3, cZ EXHIBIT 'A' • Inst. # 201309518 - Page 1 of 4 CERTIFIED PROPERTY IDENTIFICATION NUMBERS 38-22-0146-134 - SILVER SPRING Recording requested by: CCGIS REGISTRY 03/26/2013 BY DC BANK OF AMERICA, N.A. When recorded mail to: NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Attn: MOSAIC CORPORATION ASSIGNMENT OF MORTGAGE Doc. ID# 71287360661032914 Commitment# 5200 For value received, the undersigned, BANK OF AMERICA, N.A., 1800 TAPO CANYON ROAD, SIMI VALLEY, CA 93063, hereby grants, assigns and transfers to: NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DR., LEWISVILLE, TX 7506/--4177 All its interest under that certain Mortgage dated 9/26/01, executed by: S JEFFREY FISHER, JR and MICHELLE E FISHER, Mortgagor as per MORTGAGE recorded as Instrument No. -on 8121 fog L.N. in Book V73ii L. Page 1153 Lu, of official records in the County Recorder's Office of CUMBERLAND County, PENNSYLVANIA. Tax Parcel = 38-22-0146-134, SILVER SPRINGS TWP/ CUMBERLAND VLLY Original Mortgage $145,378.00 42 WHITE OAK BLVD, MECHANICSBURG, PA 17055 Together with the Note or Notes therein described or referred to, the money due and to become due thereon with interest, and all rights accrued or to accrue under said Mortgage. "I hereby certify that the precise address of the within named assignee is 350 HIGHLAND DR. , LEWISVILLE, TX 75067-4177 " X �7Q } 1 Inst. # 201309518 - Page 2 of 4 i 7 . 1 I {ii r- „r , EXlil$iT"A" MORTGAGE LEGAL ALL THAT CERTAIN piece or parcel of land situate in the Township of Sliver Spring,County of Cumberland and 1 #. I Commonwealth of Pennsylvania,as set forth on a Final Subdivision Plan for Trindle Spring Development, { Section Two,Trindle Spring Development Company,as prepared by Robert G.Hartman,Jr.,P.E.,R.S.,and 1 1 recorded In the Recorder of Deeds Office of Cumberland County,Pennsylvania,In Plan Book 61,page 105 and I more particularly described as follows: i !. BEGINNING at a point on the northern right of way line of White Oak Boulevard.said point being a common property corner of Lots Nos.47 and 48;thence along Let No.48 North 24 degrees 15'West,a distance of !.. i 165.08 feet to a point along Lot No.44;thence along Lot No.44 North 87 degrees 10'East,a distance of 27.73' feet to a point;thence along Lot No.46 South 48 degrees 50'East,a distance of 158.36 feet to a point;thence along the western right of way line of White Oak Boulevard and a curve to the right having a radius of 225 feet, I`. an arc length of 90.54 feet to a point,the place of beginning. i BEING Lot No.47 on the aforementioned Final Subdivision Plan for Trindle Spring Development,Section Two, Trindle Spring Development Company. I �-. E f PARCEL NO.38-22-0148-134 j L. l I. . i r k r i a . 1,_ 1 i i i F , i , 0 .. , - } P 1 . f i 1 i i v I i 0 I L. i E (FISHER.PFPIFI$HER 2) r i P 734PG 1469 t 1 I , - ! I 2 F 1 t i i i E , i i• i f • Inst. # 201309518 - Page 3 of 4 CORPORATION ASSIGNMENT OF MORTGAGE Doc. ID# 71287360661032914 Commitment# 5200 Dated: 02/28/2013 BANK OF AMERICA, N.A. By LISA NIX, ASSISTANT VICE PRESIDENT State of California County of Ventura On 02/28/2013 before me, J. CASTANEDA , Notary Public, personally appeared LISA NIX, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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. Signature: ` ��/ } J.GASTANEDA J. WALT. DA Commission No. 18222$$ Prepared by: MARGARET MAGALLAN NOTARY PUBLIC-CALIFORNIA 1800 TAPO CANYON ROAD Los ANGELES COUNTY SIMI VALLEY, CA 93063 My comm ExWnsJANUARY47,2ot5 Phone#: (213) 345-0981 zy1 Inst. $ 201309518 - Page 4 of 4 ROBERT P. ZIEGLER • RECORDER OF DEEDS 44,- p CUMBERLAND COUNTY " 1 COURTHOUSE SQUARE �_�2��y- _ -- CARLISLE, PA 17013 �` 717-240-6370 r, , t. �` Instrument Number-201309518 Recorded On 3/26/2013 At 8:03:09 AM *Total Pages-4 *Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number- 132466 User ID-SW *Mortgagor-FISHER, S JEFFREY JR *Mortgagee-NATIONSTAR MORTGAGE LLC "Customer-SIMPLIFILE LC E-RECORDING *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 �Cb - ` 1 --05t-i'''6.4"7-74 )74- 1/ 0\� V` / / RECORDER OF DEEDS 1750 *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. W Nationstar Mortgage LLC COURT OF COMMON PLEAS ti C) C- = _ VS. CUMBERLAND COUNTY a =-n S. Jeffrey Fisher Jr No.: 2012-2325 Iry `' C . Michelle E. Fisher �� -n AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PQ Q . Plaintiff in the above action sets forth as of the date the Praecipe for the Writ o'-<- do was filed the following information concerning the real property located at 42 White Oak Blvd, Mechanicsburg,PA 17055: 1. Name and address of Owner(s)or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained,please indicate) S. Jeffrey Fisher Jr 42 White Oak Blvd Mechanicsburg, PA 17055 Michelle E. Fisher 42 White Oak Blvd Mechanicsburg,PA 17055 2. Name and address of Defendant(s) in the judgment: - S. Jeffrey Fisher Jr 42 White Oak Blvd Mechanicsburg, PA 17055 Miche' lle E. Fisher 42 White Oak Blvd Mechanicsburg,PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address(if address cannot be reasonably ascertained,please indicate) PA Department of Revenue P.O. Box 280948 Bureau of Compliance -Harrisburg, PA 17128 Midland-Funding, LLC 8875 Aero Drive San Diego, CA 92123 4. Name and address of last recorded holder of every mortgage of record: Last Known Address (if address cannot be reasonably ascertained,please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained,please indicate) Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse,Room 106 Carlisle, PA 17013 PA Department of Public Welfare Health and Welfare Building—Room 432 Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105-2675 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 Last Known Address (if address cannot be reasonably ascertained,please indicate) Tenants/Occupants 42 White Oak Blvd Mechanicsburg,PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. El Gregory Javardian,Esquire Id.No. 55669 ❑Mary F.Kennedy,Esquire Id.No. 77149 ❑Meghan K.Boyle,Esquire Id.No. 201661 V R aan P. Mays,Esquire Id.No. 307518 ichard J.Nalbandian Esquire Id.No. 312653 Attorneys for Plaintiff April 29, 2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff o.s.xir of Cum!" Jody S Smith 27 cr.T n Chief Deputy ! ar Richard W Stewart LU BERLrwtL? CQ 1Y Solicitor oEFIcE of THE s,,ERIFr PEN N S Y E A`A NIA Nationstar Mortgage LLC Case Number vs. S. Jeffrey Fisher, Jr. (et al.) 2012-2325 SHERIFF'S RETURN OF SERVICE 04/01/2013 01:30 PM -Deputy William Cline, 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 42 White Oak Boulevard, Silver Spring Township, Mechanicsburg, PA 17055, Cumberland County. 04/03/2013 02:52 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be S. JEFFREY FISHER JR. - HUSBAND, who accepted as"Adult Person in Charge"for Michelle E. Fisher at 42 White Oak Boulevard, Silver Spring Township, Mechanicsburg, PA 17055, Cumberland County. 04/03/2013 02:52 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: S. Jeffrey Fisher, Jr. at 42 White Oak Boulevard, Silver Spring Township, Mechanicsburg, PA 17055, Cumberland County. 06/04/2013 As directed by Richard Nalbandian, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/10/2013 07/08/2013 As directed by Richard Nalbandian,Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013 08/07/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle PA on August 7, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Richard Nalbandian, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $1,261.55 SO ANSWERS, September 27, 2013 RON R ANDERSON, SHERIFF ,� 2 fa 42 >/ (c)Coun ySuite Sheriff,Telecsoft Inc. ∎l7• " a 96 On March 12, 2013 the Sheriff levied upon the defendant's interest.in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 42 White Oak Boulevard, Mechanicsburg, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Real Estate Coor inator 1 E .z d qZ 99.E 110l `A!-iU- IL�;iS �H' CUMBERLAND LAW JOURNAL Writ No. 2012-2325 Civil Declaration of Trindle Spring Devel- opment Company that is recorded in BANK OF AMERICA, Cumberland County Miscellaneous NATIONAL ASSOCIATION Book 396,Page 1191. BEING THE SAME PREMISES vs. which Russel C.Trimmer,Jr.and Di- S.JEFFREY FISHER,JR., ane L.Trimmer,by their deed dated Michelle E. Fisher September 26, 2001 and recorded Atty.: Richard Nalbandian September 27, 2001 in the Office ALL THAT CERTAIN piece or par- of the Recorder of Deeds in and for cel of land situate in the Township of Cumberland County in Deed Book Silver Spring,County of Cumberland Volume 248,Page 2683,granted and and Commonwealth of Pennsylvania, conveyed unto S. Jeffrey Fisher Jr as set forth on a Final Subdivision and Michelle E. Fisher. Plan for Trindle Spring Develop- BEING KNOWN AS:42 White Oak ment, Section Two, Trindle Spring Blvd,Mechanicsburg,PA 17055. Development Company,as prepared PARCEL#38-22-0146-134. by Robert G. Hartman, Jr., P.E., R.S.,and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania,in Plan Book 61,page 105 and more particularly described as follows: BEGINNING at a point on the northern right of way line of White Oak Boulevard, said point being a common property corner of Lots Nos.47 and 48; thence along Lot N0.48 North 24 Degrees 15' West, a distance of 165.08 feet to a point along Lot No.44;thence along Lot No. 44 North 67 degrees 10'East, a dis- tance of 27.73 feet to a point;thence along Lot No.46 South 48 degrees 50' East, a distance of 158.36 feet to a point;thence along the western right of way line of White Oak Boulevard and a curve to the right having a radius of 225 feet, an arc length of 90.54 feet to a point, the place of beginning. BEING Lot No.47 on the afore- mentioned Final Subdivision Plan for Trindle Spring Development,Section Two, Trindle Spring Development Company,and containing 10,030.03 square feet,more or less. UNDER AND SUBJECT to set back lines,easements and conditions as shown on the aforementioned Fi- nal Subdivision Plan and restrictions and conditions as set forth in the 31 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26, 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. Li Marie Coyne, EdVhor SWORN TO AND SUBSCRIBED before me this 6 day of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 26,2014 _ The Patriot-News Co. 2020 Technology Pkwy 14c atr1*otwXews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. L-1—- -.. - -- - - N' 2012-2325 Civil This ad ran on the date(s)shown below: n BANK OF AMERICA,NATIONAL I 1, ASSOCIATION 04/16/13 VS. ' 04/23/13 S.JEFFREY FISHER,JR. [ Michelle E.Fisher Atty. Richard Nalbandian 04/30113 ALL THAT CERTAIN piece or parcel ' of land situate in the Township of Silver • • • • • • • • • • • • • Spring, County of Cumberland and Commonwealth of Pennsylvania, as set forth on a Final Subdivision Plan for ihndle Sworn to and s bscribed before me this 13 day of May, 2013 A.D. Spring Development,Section'Rvo,Trindle r Spring Development Company,as prepared by Robert G.Hartman,Jr.,P.E.,R.S.,and C3 �Ab recorded in the Recorder of Deeds Office of I Cumberland County,Pennsylvania,in Plan J NOt blic Book 61,page 105 and more particularly b described as follows: [t BEGINNING at a point on the northem t COMMONWEALTH OF PENNSYLVANIA right of way line of White Oak Boulevard, ;. Notarial Seal said point being a common property comer Holly Lynn Warfel,Notary Public of Lots North and gr thence along Lot Washington Twp.,Dauphin County No.48 North .0 Degrees point West, a My Commission Expires Dec.12,2016 distance of 165.08 feet to a point along Lot it No.44;thence along Lot No.44 North 67 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES degrees 10'East,a distance of 27.73 feet to a point;thence along Lot No.46 South 48 A------ep ] . <. .- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Corp is the grantee the same having been sold to said grantee on the 7th day of August A.D., 2013, under and by virtue of a writ Execution issued on the 26th day of February, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2325, at the suit of Bank of America,N.A. against Jeffrey Fisher Jr and Michelle E. Fisher is duly recorded as Instrument Number 201332982. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 7 day of LIM" ' A.D. 20 '1 Recorder of Deeds