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HomeMy WebLinkAbout12-2736 1 0 THE LAW OFFICES OF B ARA A. FEIN, 13.1?. ; i u =.a *? { t` , ,i, Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 - J ; 721 Dresher Road, Suite 1050 Horsham, PA 19044 Phone (215) 653-7450 / Fax (215) 653-7454 ' File No. 09-15577 Email: generalinfo@lobaf.com Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2, Home Equity Pass-Through Certificates, Series 2007-2, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. )P-a7 310 6ut( V. LAWRENCE P. DIEHL and SANDRA L. DIEHL, Defendants. CIVIL ACTION - 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, your must take action within twenty (20) days after this complaint and notice are served, by entenng a written 'appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set f'brth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or for any other clam or relief requested by the plaintiff. You may lose money or property or other rights important to you. AVISO Usted ha sido demandado/a en torte. Si usted desea defenderse de las demandas que se presentan mas adelante en ]as siguientes paginas, debe tomaraccion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por ]a Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PRO IDE 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. I Lawyer Referral Service (717) 249-3166 Cumberland County Bar Associatio 32 South Bedford Street; Carlisle, P A 1? 013 (800) 990-9108 USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMA- CION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (800) 990-9108 s? a?tis0 04 NOTICE REQUIRED UNDER THE FAIR DEB COLLECTION PRACTICES ACT, 15 U.S.C. § 1692-1692p (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT A?D CONSUMER PROTECTION LAW, 73 PA. CONS STAT. ANN. § 201, ET SEQ. ("THE ACTS") To the extent the Acts may ap¢ly, please be advised of the following: The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. The debt described in he Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law fine, unless the Debtors/Mortgagors, w?thin thirty days after receipt of this notice, dispute the validity of the debt or some portion thereof 4. If the Debtors/Mortgagors notify the Creditor's law firm within thirty days of the receipt of this notice that the debt Or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt, and a copy of the verification will be mailed to the Debtor by the Creditor's law firm, If the Creditor who is?named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/1V4ortgagor makes a request to the Creditor's law firm within thirty days from the rec?ipt of this notice, the name and address of the original Creditor will be mailed to the Debtor{ by the Creditor's law firm. 6. The requests should be'directed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. 721 Dresher Road, Suite 1050 Horsham, PA 1 044 ATTN: Barbara) A. Fein, Esquire THIS LETTER MAYBE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. T CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Parties 1. U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2HoMe Equity Pass-Through Certificates, Series 2007-2, is the named Plaintiff in the instant Civil Action in Mortgage Foreclosure and has standing to file and prosecute same as elucidated in detail herein below. Its mailing address for purposes of the instant suit is c/o Select Portfolio Servicing, Inc., at 3815 South West Temple, Salt Lake City, UT 84115. 2. (a) The Defendant, Lawrence P. Diehl, is a named Defendant hereto by virtue of his Standing as elucidated in detail herein below. After reasonable investigation, Plaintiff alleges that his last known address is 1'20 Deerfield Road, Camp Hill, PA 17044. (b) The Defendant, Sandra L. Diehl, is a named Defendant hereto by virtue of her Standing as elucidated in detail) herein below. After reasonable investigation, Plaintiff alleges that her last known address is 120 Deerfield Road, Camp Hill, PA 1704. Standing 3. The Real Property upon which this Civil Action in Mortgage Foreclosure is predicated is situate at 120 Deerfield Road, Lower Allen Township, Cumberland County, Pennsylvania and is also known as Parcel Identification Number 13-25-0010-234 (hereinafter referred to as the "MortgagedIProperty"). The legal metes and bounds description of same is contained within the Recorded Mortgage Instrument herein below referenced. r 4. By Deed dated June 26, 1998, and recorded on June 30, 1998, in Cumberland County Deed Book Volume 180, at page 346, title to the Mortgaged Property vested with Lawrence Diehl and Sandra L. Diehl. 5. (a) On or about September 7, 2006, Sandra L. Diehl, borrowed the sum of Two Hundred Three Thousand, Two Hundred and 00/100 ($203,200.00) Dollars from originating Lender, EquiFirst Corporation. A true and correct copy the Note evidencing the loan is appended hereto and incorporated herein by reference as Exhibit "A". (b) That load is secured by virtue ofa residential Mortgage executed on September 7, 2006, and recorded with the Cumberland County Recorder of Deeds on September 25, 2006, in Mortgage Book Volume 1966 at Page 4963. A true and correct copy of said Mortgage is appended hereto and incorporated herein by reference as Exhibit "B". (c) Appended to the recorded Mortgage and incorporated herein by reference is the legal abstract (metes and bounds description) of the Mortgaged Property, as required under Pa. R.C.P. Rule 1147(a)(2). 6. Plaintiff submits that it has standing to institute and prosecute this Mortgage Foreclosure action by virtue of alMortgage Assignment from the original lender, Mortgage Electronic Registration Systems, Inc. as nominee for EquiFirst Corporation, to this Plaintiff, U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2Home Equity Pass-Through Certificates, Series 2007-2. Said Instrument having been dated March 27, 2012, and recorded with the Cumberland County Recorder of Deeds on April 5, 2012, as Instrument Number 201209891. A true and corr4t copy of said Assignment of Mortgage is appended hereto and incorporated herein by referenc? as Exhibit "C". i 7. (a) The Plaintiff Mortgagee herein above named, having standing to institute and prosecute this Mortgage Foreclosure action retained as its Loan Servicing Agent Select Portfolio Servicing, Inc., a corporation having been organized under the laws of the State of Utah and having its principal place of business at 3815 South West Temple, Salt Lake City, UT 84115. (b) As the lean servicing agent for this Plaintiff, Select Portfolio Servicing, Inc. maintains the business records for this Plaintiff in the ordinary course and scope of its business. (c) By Virtue of a Limited Power of Attorney recorded in the office of the Cumberland County Recorder of Deeds on February 13, 2012, this Plaintiff empowered Select Portfolio Servicing, Inc., to act as its agent in this matter. A copy of the recorded Power of Attorney is appended hereto and incorporated herein by reference as Exhibit "D". (d) Select P?rtfolio Servicing, Inc., is therefore, wholly empowered to execute the verification appended to this ci*il pleading. 8. In accordance with Pa. RCP Rule 1147(a)(3), and after reasonable investigation, Plaintiff avers that: (a) Defendant, Lawrence P. Diehl, is a named Defendant hereunder as both a Real Owner and Mortgagor. (b) Defendant, Sandra L. Diehl, is a named Defendant hereunder as both a Real Owner and Mortgagor. Default 9. The Defendants :entered into a Loan Modification Agreement with the Plaintiff and its Loan Servicing Agent effective September 1, 2011. A true and correct copy of the redacted Loan Modification is appended heret? and incorporated herein as Exhibit "E" III . Y 10. The mortgage us deemed to be in default because this Plaintiff failed to receive requisite monthly payments in the amount of $1,719.71, effective October 1, 2011. 11. The Mortgage obligation has been accelerated. 12. Plaintiff seeks entry of Judgment in Rem on the following sums: (a) Principa? balance of mortgage due and owing $200,925.86 (b) Interest Oue and owing at the rate of 7.75% 10,953.97 calculated from the default date above stated through May 15, 2012. Interest will continue to accrue at the per diem rate of $42.46 through the date on which Judgment in Rem is entered in Plaintiffs favor. (c) Late Ch rges due and owing under the Note 212.34 in accor ance with the Mortgage Instrument i (d) Escrow ? dvances made by Plaintiff Mortgagee 44.43 on behal? of Defendant mortgage account (e) Recoverable Corporate Advances 45.00 Pre-Jud ment Court Costs as recoverable 300.00 under Eoibits "A" and "B" in accordance with Pennsylvania law (Estimated) (g) Costs associated with the attorney's foreclosure 395.00 activity necessitated by default, including but not limited to, preliminary title report, tax search, "skip trace"/whereabouts investigation, etc. (Estimated) (h) Attorney ' fees as recoverable under Exhibits 10,046.29 "A" and 'B" in accordance with Pennsylvania law, Cal ulated at five percent (5%) of the outst4nding unpaid principal balance TOTAL IN REM JUDPMENT SOUGHT BY PLAINTIFF $222,922.89 13. (a) The attorneys' fees set forth as recoverable at Paragraph 12(h) are in conformity with Pennsylvania law and the (terms of the mortgage, and will be collected in the event of a third- party purchaser at a Sheriffs Sole only. (b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriffs Sale, Plaintiffs actual attorneys fees (calculated at counsel's hourly rate) will be charged based upon work actually performed. 14. (a) The Commonwealth of Pennsylvania requires that Plaintiffs seeking to foreclose on mortgage obligations comply with ACT 6 of 1974 (41 P.S. §101, et seq.) prior to instituting suit (hereinafter ref?rred to as "ACT 6"), which statute extends to borrowers in default certain rights and protections. I Before any residential mortgage lender may accelerate the maturity of any residential mortgage obligation, commence any legal action including mortgage foreclosure to recover under such obligation, the residential mortgage debtor must be sent at least thirty days advance notice by regis ered or certified mail to the debtor's last known address and, if different, at the residence which is the subject of the residential mort age. 41 P.S. §403(a) and (b), et seq. (b) ACT 6 defines a "residential mortgage" which is afforded protection under it as ...an obligation to pay a sum of money in an original bona fide principal amount of the base figure or less, evidenced by a security document ands cured by a lien upon real property located within this Commonwealth containing two or fewer residential units or on which two or fewer res dential units are to be constructed and shall include such an obligation on a residential condominium unit. (c) ACT 6 defines "base figure" as Two Hundred Thirty Thousand, One Hundred Ten and 00/100 ($230,110.00) Dollars, as adjusted annually for inflation by the department through notice published in the Pennsylvania Bulletin. (d) Notice it accordance with ACT 6 was served on December 21, 2011. True and correct copies of those Notice are appended hereto and incorporated herein by reference as Exhibit «F» (e) ACT 6 requires that the Mortgagee wait 30 days from the date on which said Notice is served before it institutes Mortgage Foreclosure proceedings. This Complaint is being filed beyond that time frame. WHEREFORE, the Plaintiff, U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2Home Equity Pass-Through Certificates, Series 2007-2, respectfully requests: • Entry of Judgment in Rem against the Defendants above named in the total amount of $222,922.89, as stated Paragraph 12, plus all additional interest and late charges accruing through date of judgment entry; and • Foreclosure and Sheriffs Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Xa"o" CL Barbara A. Fein, Esquire Attorney I.D. No. 53002 Attorney for Plaintiff EXHIBIT "A" NOTE September 7, 2006 (Date) i NOTE Camp Hill PA (fit) (S-) 120 Deerfield Road, Camp Hill, PA 17011 (Prop?q Address) MIN 100200100103706614 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise' o pay U.S. S 203,200.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender s EquiFirst Corporation I will make all payments under this Note in the fo -in of cash, check or money order. I understand that the Lender may transfer this No . The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this n e 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 7.750%. 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 thi Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a pa ' ent every month. I will make my monthly payment on the 1st day o e ch month beginning on November 1, 2006. I will make these payments every month until I have paid all of principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of it's scheduled due date and will be applied to interest before principal. If on, Oc her 1, 2036, 1 still owe amounts under this Note, l will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at EquiFirst Corporation , 500 Forest Point Circle , Charlotte, NC 28273 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.4. S 1,455.75. 4. BORROWER'S RIGHT TO PREPAY (A) Prepayment I have the right to make payme is of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I ake a prepayment, I will tell the Note Holder in writing that I am doing so. If t make a partial prepayment, there will b no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. (B) Prepayment Penalty In the event, during the first 3 years after the executi n of this Note, I make a prepayment and the prepayment exceeds twenty percent (20°/a) of the original princi amount of the loan in any twelve (12) myth period, I will pay a prepayment charge in an amount equal to six (6) mon 'advance interest on the amount prepaid which is in excess of twenty percent (20%) of the original principal amour of the loan within the twelve (12) month period. The Note Holder will not assess a prepayment penalty after the rd anniversary of the date of execution of this Note. 111111111111 Mulitstate Fixed Rate Note-Single Family (EF5N) 2/00 (Pennsylvania Version) Loan Number 1037066 Pajge 1 of 3 Initials 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: (i) any such loan charge shall be reduced by the !amount necessary to reduce the charge to the permitted limit: and (ii) any sums already collected from me which a eeded permitted limits will be refunded tome. The Note Holder may choose to make this refund by reducing a principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the red ction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQU?RED (A) Late Charge for Overdue Payments If 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 ote Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay is 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 requ me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on rhea amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by oth means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note older does not require me to pay immediately in full as described above, the Note Holder will still have the riot to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expe If the Note Holder has required me to pay immedi tely in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and ex uses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attomeys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different meth any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class in it to me at the Property Address above or at a different address if I give the Note Holder a notice of my diffe nt 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 red in Section 3(A) above or 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 per, on is fully and personally obligated to keep all of the promises made in this Note, including the promise to ay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do ese things. Any person who takes over these obligations, including the obligations of a guarantor, surety or end rser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its ghts under this Note against each person individually or against all of us together. This means that anyone of s maybe required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations underlthis 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. EF5N Loan Number 1037066 Pig. 2 of 3 Initials SLR I , 10. UNIFORM SECURED A • 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, protec? 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 I may be required to make immediate payr#rent in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any interest in a Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower ' sold or transferred ? without Lenders prior written consent, Lender may require immediate payment in II of all sums secured by this Security Instrument. However, this option shall not be exercised by Lende if such exercise is prohibited by Applicable law. If Lender exercises this option, Lender shall give orrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the noti a is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security nstrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any redies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF TIIE UNDERSIGNED (Seal) Sandra L Diehl -Borrowtr (Seal) -Bonow¢r (Seal) -Borrowtr (Seal) -Bormwdr (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower EFSN Loan Number 1037066 Page 3 of 3 Initials Note Endorsements Borrower(s): Sandra L Diehl Property Address: 120 Deerfield Road, Camp Hill, PA 17011 Without Recourse, Pay to the Order o£ EquiFirst Corporation Assistant Vice President( 1037066 Page] off EF5nendr(12/05) EXHIBIT "B" MORTGAGE 3?sF y s Prepared By: Quinlee Tomlin 500 Forest Point Circle. Charlotte. NC 28273 (704)665-3223 Return To: EquiFirst Corporation 1, Attn: Collateral M 500 Forest Point Circle Charlotte, NC 28273 (800)272-3477 Parcel Number: 13250010234 Premises: 120 Deerfield oad, Camp Hill. PA 1701 DEFINITIONS Words used in multiple secti Sections 3, 11, 13, 18, 20 ani also provided in Section 16. (A) "Security Instrument" me together with all Riders to this (B) "Borrower" is Lawrenc FOBERT P. ZIEGLER RECORDER OF DEED'^ c171.}cE;?1AA ND CoUVY- ,. SEP 25 AM 1124 -[Space Above TWS Lee For Rsca *ng Datal MORTGAGE MIN 100200100103706614 as of this document are defined below and other words are defined in 21. Certain rules regarding the usage of words used in this document are this document, which is dated September 7. 2006 P. Diehl and Sandra L. Diehl, his wife Borrower is the mortgagor r this Security Instrument. (C) 11MERS" is Mortgage El tronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee f r Lender and Lender's successors and assigns. MLRS Is the mortgagee under this Security . MERS is organized and costing vender the lava of Delaware, and has an address and telephone number f P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. 1037066 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS -GAiPA) moe) Form 3039 1101 Page 1 of 16 Initial:: VMP Mortgage Solutions. Inc. (800)521-7291 ?(1966PG4?63 (D) "Lendeel is Equi Fi rst ! Corporati on Lender is a Corporation organized and existing under laws of North Carolina Lender's address is 500 Forst Point Circle, Charlotte. NC 28273 (E) "Note" means the promissory note signed by Borrower and dated September 7. 2006 The Note states that Borrower Owes Lender two hundred three thousand two hundred and 001100 Dollars (U. S. $203,200.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt full not later than October 1. 2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property-" (G) "Loan" means the debt ev fenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all s ams due under this Security Instrument, plus interest. (ED "Riders" means all Ride to this Security Instrument that are executed by Borrower. The following Riders are to be executed by rrower (check box as applicable]: 0 Adjustable Rate Rider Condominium Rider 0 Second Home Rider Cl Balloon Rider Planned Unit Development Rider 0 1-4 Family Rider 0 VA Rider Biweekly Payment Rider ® Other(s) (specify] Prepayment Penalty Rider (1) "Applicable Law" mean ordinances and administrative non-appealable judicial opinio (.n "Community Association charges that are imposed on association or similar organize (Il) 'Weetronic Funds Tnm check, draft, or similar pape instrument, computer, or mag or credit an account. Such to machine transactions, transh transfers. (L) "Escrow Items" means thi (W "Misediaweous Proceeds by any third party (other than damage to, or destruction of, Property; (iii) conveyance in value and/or condition of the (1) "Mortgage Insurance" the Loan. (O) "Periodic Payment" Note, plus (ii) any amounts 1037066 -BAIPA1losogl OX 1966PG4 all controlling applicable federal, state and local statutes, regulations, ales and orders (that have the effect of law) as well as all applicable final, )ues, Fees, and Anesanmuts" means all dues, fees, assessments and other Borrower or the Property by a condominium association, homeowners 'er" means any transfer of funds, other than a transaction originated by instrument, which is initiated through an electronic terminal, telephonic ,tic tape so as to order, instruct, or authorize a financial institution to debit a includes, but is not limited to, point-of-sale transfers, automated teller o initiated by telephone, wire transfers, and automated clearinghouse se items that are described in Section 3. " means any compensation, settlement, award of damages, or proceeds paid insurance proceeds paid under the coverages described in Section 5) for: (i) the Property; (ii) condemnation or other taking of all or any part of the ieu of condemnation; or (iv) misrepresentations of, or omissions as to, the roperty. sans insurance protecting Lender against the nonpayment of, or default on, the regularly scheduled amount due for (i) principal and interest under the r Section 3 of this Security Instrument. Initials: rago z of 16 Form 3039 1101 64 (P) "RFSPA" means the Real Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing re?ttlation, Re on X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or legislation or regulation that governs the same subject matter. As used in this Security Instrument, " PA" refers to all regnirassents and restrictions that are imposed in regard Por to a "federally related mortga loan" even if the Loan does not qualify as a "federally related mortgage loan" under RF.SPA. (Q) "Successor in Interest of ec" mans any party that has taken title to the Property, whether or not that party has assumed 1: war's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN JHE PROPERTY This Security Instrument secur#s to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; sind (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the N te. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee fo Lender and Lender's succors and assigns) and to the successors and assigns of MERS, the follo described property located in the County ['t'ype of Recording Jurisdiction] of Cumberland [Name of Recording Jur-Wietionl. See Attached Exhibit JA which currently has the address of 120 Deerfield Road [saw] Camp Hill lcityl, Pennsylvania 17011 [zip code[ ("Property Address"): TOGETHER WITH a easements, appurtenances, a additions shall also be cove Security Instrument as the "l to the interests granted by E custom, MERS (as nominee or all of those interests, incl take any action required of Instrument. 1037066 WOMPA) to5oe) BK 1966PG49 the improvements now or hereafter erected on the property, and all fixtures now or hereafter a part of the p All replarxments and l by this Security Instrument. All of the foregoing. is referrecd to in this perry." Borrower understands and agrees that MEKS holds only legal title ower in this Security Instrument, but, if necessary to comply with law or Lender and Lender's successors and assigns) has the right: to exercise any ng, but not limited to, the right to foreclose a sell the Property; and to including, but not limited to, releasing and canceling this Security 5 Psis 3 of 18 Form 3038 1101 BORROWER COVENA? the right to mortgage, grant a encumbrances of record. Born claims and demands, subject to THIS SECURITY INSTI covenants with limited variatic property- UNIFORM COVENANT 1. Payment of Principt Borrower shall pay when due prepayment charges and late cl pursuant to Section 3. Paymer currency. However, if any chef Security Instrument is returned due under the Note and this selected by Lender: (a) cash; cashier's check, provided any federal agency, instrumentality Payments are deemed ree such other location as may be c Lender may return any payme bring the Loan current. Lenda current, without waiver of any payments in the future, but accepted. If each Periodic Pa interest on unapplied fonds. the Loan current. If Borrower such funds or return them to principal balance under the might have now or in the fu the Note and this Security Ins Instrument. 2. Application of Pa payments accepted and appl due under the Note; (b) grin i shall be applied to each Pen' shall be applied first to late then to reduce the principal b If Lender receives a pa sufficient amount to pay any the late charge. If more than from Borrower to the repa 1037066 at-6A(PA) iosoo BK1966PG that Borrower is lawfully seised of the estate hereby conveyed and has convey the Property and that the Property is unencumbered, except for r warrants and will defend generally the title to the Property against all y encumbrances of record. MENT oombMes uniform covenants for national use and non-uniform by jurisdiction to constitute a uniform security instrument covering real ?. Borrower and Lender covenant and agree as follows: M, Intavd, Escrow Items, Ptn aymmt Charges, and Late Chargers. the principal of, and interest on, the debt evidenced by the Note and any arges due under the Note. Borrower shall also pay funds for Escrow item is due under the Note and this Security Instrument shall be made in U.S. k or other instrument received by Lender as payment under the Note or this to Lender unpaid, Lender may require that any or all subsequent payments iecurity Instrument be made in one or more of the following forms, as (b) money order; (c) certified check, bank check, treasurer's check or such check is drawn upon an institution whose deposits are insured by a or entity; or (d) Electronic Funds Transfer. rived by Lender when received at the location designated in the Note or at esignated by Lender in acoordance with the notice provisions in Section 15. it or partial payment if the payment or partial payments are insufficient to way accept any payer or partial payment insufficient to bring the Loan rights hereunder or prejudice to its rights to refuse such payment or partial Ider is not obligated to apply such payments at the time such payments are meat is applied as of its scheduled due date, then Lender need not pay ider may hold such unapplied funds until Borrower makes payment to bring foes not do so within a reasonable period of time, Lender shall either apply Irrower. If not applied earlier, such funds will be applied to the outstanding rte immediately prior to foreclosure. No offset or claim which Borrower e against Lender shall relieve Borrower from making payments due under ument or performing the covenants and agreements secured by this Security eats or Pr+aot &. Except as otherwise described in this Section 2, all by lender shall be applied in the following order of priority: (a) interest ml due under the Note; (c) amounts due under Section 3. Such payments is Payment in the order in which it became throe. Any remaining amounts rges, second to any other amounts due under this Security Instrument, and nee of the Note. rent from Borrower for a delinquent Periodic Payment which includes a to charge due, the payment may be applied to the delinquent payment and Periodic Payment is outsUnding, Lender may apply any payment received -nt of the Periodic Payments if, and to the extent that, each payment Initials: 966 Pepe 4 of 16 Form 3039 1101 can be paid in full. To the ex t that any excess exists after the payment is applied to the full payment of one or more Periodic Pa , such excess may be applied to any late charges due. Voluntary prepayments shall be applied to any prepayment charges and then as described in the Note. Any application of is, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or the due date, or change the amount, of the Periodic Payments. 3. Funds for F.senaw I . Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments other items which can attain priority over this Security Instrument as a lien or encumbrance on the rty; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all ins required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any s payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in actor with the provisions of Section 10. These items are called "Escrow Items." At origination or at y time during the term of the Loan, Lender may require that Community Association Dues, Fees, and ssessnnents, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escro Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. wer shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation tc pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender F for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow items for hick payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receip evidencing such payment within such time period as Lender may require. Borrower's obligation to such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement ntatnn in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Bo wer is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Bo wer shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke a waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 , upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then aired under this Section 3. Lender may, at any time collect and hold Fins in an amount (a) sufficient to permit Lender to apply the Funds at the time spec ifi under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Len shall estimate the amount of Funds due on the basis of current data and reasonable estimates of exile 'tares of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be Id in an institution whose deposits are insured by a federal agency, instrumentality, or entity(inc g Lender, if bender is an institution whose deposits are so insured) or in any Federal Home Loan B Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Len r 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 its Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires ' t erest to be paid on the Funds, Lander shall not be required to pay Borrower any interest or earnings on a Funds. Borrower and Lender can agree in writing, however, that interest 1037066 -WPM lo5aer Pogo s of 1e Form 3039 1101 BK 1966PG?49b1 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. ', held in escrow, as defined under RESPA, Lender shall account to If there is a surplus of Funds. Borrower for the excess fu7by accordance with RESPA. If there is a shortage of Funds held in escrow, as defured under shall notify Borrower as roquired by RESPA, and Borrower shall pay to Lender the samake up the shortage in accordance with RESPA, but in no more than 12 monthly paymenf thereficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as requireESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RF.SPA, but in no more than 12 monthly payments. Upon payment in full of sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Bo wer shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property w ch can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, i any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are w Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly ' ge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in wittin to the payment of the obligation secured by the lien in a matmer acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enfo nt of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of th lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures m the holder of the lien an agreement satisfactory to Deader subordinating the lien to this Security . If Lender determines that any part of the Property is subject to a lien which can attain priority over ' Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the da on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth a ve in this Section 4. Lender may require Bo wer to pay a one-time charge for a real estate tax verification and/or reporting service used by Le r in connection with this Loan. S. Property Insurance. rrower shall keep the improvements now existing or hereafter erected on the Property insured against 1 by fire, hazards included within the term "extended coverage," and any other hazards including, but t limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be in the amounts (including deductible levels) and for the periods that Lender requires. What L'erequires pursuant to the preceding sentences can change during the term of the Loan. The insurance carri r providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrowe '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, certifi cation 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 ' by the Federal Fmerge ncy Management Agency in connection with the review of any flood zone der 'on resulting from an objection by Borrower. 1037066 4 -GAIPA) l05oe1 4S? Initials: Page 8 of 16 Form 3038 1101 BK 1966PG4968, If Borrower fails to ' any of the coverages described above, Lender may obtain insurance coverage, at Lender's option Borrower's expense. Lender is under no obligation to purchase any particular type or amount of verage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrowe 's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might vide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of a insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could ve obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Bo wer secured by this Security Instrument. These amounts shall beat interest at the Note rate from the date f disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting ymaut. All insurance policies r ed by Lender and renewals of such policies shall be subject to Lender's right to disapprove such poli shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an add ti( 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 brains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction f, the Property, such policy shall include a standard mortgage clause and shall name Lender as mort and/or as an additional loss payee. In the event of loss, Bo wer 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 p , whether or not the underlying insurance was required by Lender, shall be applied to restoration or of the Property, if the restoration or repair is economically feasible and Lender's security is not I During such repair and restoration period, Lender shall have the right to hold such insurance Lntil Lender has had an opportunity to inspect such Property to ensure the work has been com =e: Lender's satiafactian, provided that such inspection shall be undertaken promptly. Lender may b proceeds for the repairs and restoration in a single payment or in a series of progress payments as the rk 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 o 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 a sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Bo wer. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons a Property, Lender may file, negotiate and settle any available insurance claim and related matters. If rrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the tice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, r rower 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 insurano. policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Let r may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under h e Note or this Security Instrument, whether or not then due. 1037066 InitiBc _ at-8AMA1 iosoc Page 7 at 16 Form 3039 1101 OX I 966PG4969. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after he execution of this Security Instrument and shall continue to occupy the Property as Borrower's prime residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, hich consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are b eyond Borrower's control. 7. Preservation, and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair th Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Bo wer is residing in the Property, Borrower shall maintain the Property in order to prevent the Property m deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Sectio 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 pai d in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairb ig 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 Pro" , 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 i nspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of o r prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Ap plication. Borrower shall be in default if, during the Loan application process, Borrower or any pe ns or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave maj y false, misleading, or inaccurate information or statements to Lender (or failed to provide Len with material information) in connection with the Loan. Material representations include, but not limited to, representations concerning Borrower's occupancy of the Property as Borrower's princi residence. 9. Protection of Lmder' Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform a covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that mi t significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which y attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower 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 protectin g 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 ' at in the Property and/or rights under this Security Instrument, including its secured position in a b y proceeding. Securing the Property includes, but is not limited to, entering the Property to make , 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 ma y take action under this Section 9, Lender does not have to do so and is not under any duty or obligation do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this -on 9. 1037066 at-MPA) (0509) Initisls: _ f .o• s of 16 Form 3039 1101 BX 1966PG4970 Any amounts disbursed b Lender under this Section 9 shall become additional debt of Borrower secured by this Security t. These amounts shall bear interest at the Note rate from the date of disbursement and shall be pay le, 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 . 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the preim required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance cov required by Lender ceases to be available from the mortgage insurer that previously provided such ' and Borrower was required to make separately designated payments toward the premiums for Mo gage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equival to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Bo wen of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by . If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall to pay to Lender the amount of the separately designated payments that were due when the insurance verage 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, notwiths the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any . rest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage coverage (in the amount and for the period that Lender requires) provided by an insurer selec by Leader again becomes available, is obtained, and Lender requires separately designated payments ward the premiums for Mortgage Insurance. If Lender required Mortgage insurance as a condition of the Loan and Borrower was required to make separately designated payments toward the p 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 I ends in accordance with any written agreement between Borrower and Lender providing for such on or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's ligation to pay interest at the rate provided in the Note. Mortgage Insurance re' Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does of repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers eval their total risk on all such insurance in force from time to time, and may the enter into agreements with o patties that abate or modify their risk, or reduce losses. These agreements k are on terms and conditions are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These a is may require the mortgage insurer to make payments using any source of furuls that the mortgage ' rer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these , Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be ri:a as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modi the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of r takes a abate of the insurer's risk in exchange for a share of the premiums paid to the insurer, a arrangement is often termed "captive reinsurance." Further: (a) Any such agreem will not ~ the amounts that Borrower' has agreed to pay for Mortgage Insurance, or any terms of the Loan. Such ag reenents will not increase the amount Borrower will owe for Mort I>mnranoe, and they wBl not entitle Borrower to any refund. 1037066 at-GAMA? ioeoe) Initials: Page 9 of 16 Form 3039 1101 ,OX ! 966PG497 (b) Any such agreements will not affect the rests Borrower has - if any - with respect to the Mortgage Iushnance under th , Elameowners Protection Ad of 1998 or say other law. 171ae rights may indude the right to re alve certain di ciosrrce, to request and obtain aneeletion of the Mortgage Iuserance, to have Morti;W Inswunce terminated mhto•a crAy, and/or to receive a ref ind of any Mortgage premix me that were unearned at the time of such anodhttlon or termination. 11. Aseigament of Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to If the Property is damag r. , 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 resto . period, Lender shall bave the right to hold such Miscellaneous Proceeds until Lender has had an oppo 'ty to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided hat such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a s' completed. Unless an agreemen We disbursement or in a series of progress payments as the work is is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Len h f shall not be required to pay Borrower any interest or earnings on such air is not economically feasible or Lender's security would e ti e t Miscellaneous Proceeds. I be lessened, the Miscellaneous on or r p ra hoceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided fo In the event of a total in Section 2. destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Boa In the event of a partial wer. ' , destruction, or loss in value of the Property in which the fair market value of the Property immedia ly before the partial taking, destruction, or loss in vane 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 b this Security IrLsti ument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fr 3ction: (a) the total amount of the sums secured immediately before the partial taking, destruction, o loss in value divided by (b) the fair market value of the Property t immediately before the partial g, destruction, or loss in value. Any balance shall be paid to Borrower. akin In the event of a partial , destruction, or loss in value of the Property in which the fair market value of the Property ' ' ly before the partial taking, destruction, or loss in value is less than the amount of the sums secured ' y before the partial taking, destruction, or loss in value, unless Borrower and Lander othe ' agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security I nt whether or not the sums are then due. If the property is ab 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 U nder within 30 days after the date the notice is given, Lender is authorized to collect and apply the Misce aneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security i 0sluument, whether or not then due. "Opposing Party" means the third party that owes Borrower Mince us Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Borrower shall be in de . t if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could r t in forfeiture of the Property or other material impairment of Lender's interest in the Property or ri under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, re as provided in Section 19, by causing the action or proceeding to be 1037066 Initials: -OAIPA) (osos) Payer to of le Form 3039 1101 R 1966PG497Z dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceed s that are not applied to restoration or repair of the Property shall be applied in the order provided f in Section 2. 12. Borrower Not ; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amo 'on of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor ' Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest o Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of rrower or to refuse to extend time for payment or otherwise modify amortization of the sums by this Security Instrument by reason of any demand made by the original Borrower or any Successors in terest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without 1' tation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borro er or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any ri or remedy. 13. int and Several Jo ; Co-aigners; Successors and Assigns Bound. Borrower covenants s that Borrower's obli and agree 'ens and liability shall be joint and several. However, any Borrower who co-signs this Security Instrum t but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mo age, grant and convey the co-signer's interest in the Property under the terms of this Security Ins ; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations wi regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisio of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and be fits under this Security Instrument. Borrower shall not be released from Borrower's obligations and ' 'ty under this Security Irutrument unless Lender agrees to such release in writing. The covenants and a ents of this Security Instrument shall bind (except as provided in Section 20) and benefit the rs and assigns of Lender. 14. Loan Charges. may charge Borrower fees for services performed in connection with Borrower's default, for the p of protecting Lender's interest in the Property and rights under this Security Instrument, including, bnt not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the sence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be trued as a prohibition on the charging of such fee. Lender may not charge fees that are expressly proh* i by this Security Instrument or by Applicable Law. If the Loan is subject to a aw which seta maximum loan charges, and that law is finally interpreted so that the interest or other loan ges 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; (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Bo wer. Lender may choose to make this refund by reducing the principal owed under the Note or by a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as partial prepayment without any prepayment charge (whether or not a prepayment charge is provi for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower ' constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 1037066 at-GAIPA) (osoe) Initials: Paps 11 of 16 Form 3039 1101 OK ! 966PG4973: have been given to Borrower w hen mailed by first class mail or when actually delivered to Borrower's notice address if sent by other . Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law express 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 c s e of address. If Lender specifies a procedure for reporting Borrower change of address, then Borrow r shall only report a change of address through that specified procedure. There may be only one desi notice address under this Security Instrument at any one time. Any notice to Lender shall be giv by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender designated another address by notice to Borrower. Any notice in connection with this Security shall not be deemed to have been given to Lender until actually received by Lender. If any n required by this Security instrument a also required under Applicable Law, the Applicable Law r t will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; ; Rules of Constracdon. This Security Instrument shall be governed by federal law and law of the jurisdiction in which the Property is located. All rights and obligations contained in this urity Instrument are subject to any requirements and limitations of Applicable Law. Applicable La might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such sil shall not be construed as a prohibition against agreement by contract. In the event that any provision o clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not afl ect other provisions of this Security Instrument or the Note which can be given effect without the conflict Ing provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice v ; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Bo Tower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the or a Bene&W Inta+est In Borrower. As used in this Section 18, "Interest in the Property" mean ; any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests tra (erred 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 Pi Dperty or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a be neficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may equire immediate payment in full of all sums secured by this Security Instrument. However, this op 'on shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this o ion, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less 30 days from the date the notice is given in accordance with Section 15 within which Borrower must y all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the exp' Lion of this period, Lender may invoke any remedies permitted by this Security Instrument without r notice or demand on Borrower. 14. Borrower's Right t Restate After A?adon. If Borrower meets certain conditions, Borrower shall have the right 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) s h other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if acceleration had occurred; (b) cures any default of any other covenants or 1037066 4WOMPA} (0508) Initials: Page 12 of 10 o. 39 1101 BK i 966PG4974 agreements; (c) pays all a ncurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' operty inspection and valuation fees, and other fees incurred for the purpose of protecting Le in the Property and rights under this Security Instrument; and (d) takes such action as Len ; nably require to assure that Lender's interest in the Property and rights under this Security nd Borrower's obligation to pay the sums secured by this Security : Instrument, shall continu1 Lender may require that Borrower pay such reinstatement sums and expenses in one or more ollowing forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, is check or cashier's check, provided any such check is drawn upon an institution whose deposits insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinsta nt by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as ' no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Chaq of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this .ty 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 a 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 Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be giv written notice of the change which will state the name and address of the new Loan Servicer, the to which payments should be made and any other information RESPA requires in connection with a ice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer o r than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser ess otherwise provided by the Note purchaser. Neither Borrower nor r may commence, join, or be joined to any judicial action (as either an individual litigant or the r of a class) that arises from the other party's actions pursuant to this Security Instrument or that alle es that the other party has breached any provision of, or any duty owed by reason of, this Security Ins , until such Borrower or Lender has notified the other party (with such notice given in compliance wi the requirements of Section 15) of such alleged breach and afforded the other party hereto a reaso le period after the giving of such notice to take corrective action. If Applicable Law provides a period which must elapse before certain action can be taken, that time period will be deemed to be le for purposes of this paragraph. The notice of acceleration and opportunity to cure given to rrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 8 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Sectio 20. 21. Hazardous S As used in this Section 21; (a) "Hazardous Substances" are those substances defined as toxic or substances, pollutants, or wastes by Environmental Law and the following substances: gasol' kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solver , materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or en ffireatal protection; (c) "Environmental Cleanup" includes any response action, remedial action, or val action, as defined in Environmental Law; and (d) an "Environmental Condition" means a conditi that can cause, contribute to, or otherwise trigger an Environmental Cleanup. I I 2037066 at-WPA) to6o6) Initial": _ Page 13 of 16 Form 3034 1101 i SXI966PG4975; Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to rel any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, at ythhing affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Env' onmental 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 o the p , use, or storage on the Property of small qusotities of Hazardous Substances that are enerally recognized to be appropriate to normal residential uses and to maintenance of the Property (' acting, but not limited to, hazardous substances in consumer products). Borrower shall promptly ive Lender written notice of (a) any investigation, claim, demand, lawsuit party involving the Property and any private or other action by any gone or regulatory agenc)? or Hazardous Substance or Env Law of which Borrower has actual knowledge, (b) any Environmental Condition, incl g but not limited to, air spilling, leaking, discharge, release or threat of release of any Hazardous Subs , and (c) any condition caused by the presence, use or release of a Hazardous Substance which ad ersely affects the value of the Property. If Borrower learns, or is notified by any overnmental or ry authority, or any private party, that any removal or other remediation of any Substance off ling the Property is necessary, Borrower shall promptly tare all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental NON-UNIFORM COVE ANTS. Borrower and Lender further covenant and agree as follows: 22. Ac elwation; . Linder shop give notice to Borrower prior to a celmotion following Borrower's breach of any veaaat or agreeareat in this Security Fosse t (boat not prior to acceleration under Section 3 anlees Law provides otherwise). Leader sMR notify Borrower of, among other • (a) t, (b) the action me to cure the ddlaalt; (c) when the default must be cuied; d (d) that flwBare to con s, the debult m stay malt in acceleration of the suers by this Sa?rity Inshr mt, tor+eeloeore by? p %k allee aoodaation sale of the Property. Leader fMether idirai Borrower ofine? rdestate and the to assert in foredowsre the of a ddlralt or any other delmswe orr narrower to sad fa>erosareo?r the dAwk is not cared as specilled, Lender at its option may regeirti loam ppaayment is tW of all sous saas+ed by tills Security Instrument without fhrtlux demand and y bndose this Seam* Irfraareat by Judicial Lender shall be entitled to ooUed all incurred In pmaiB the a+eaaeile i pr'm'i id this Barrios 22, including, but not limited to attorneys' fees and costs of tide evidence to the extent permitted by Apokab Law. 23. Release. Upon pays t of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall rminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Ins t. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing thi Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of th fee is permitted under Applicable Law. 24. Waivers. Borrower, t the extent permitted by Applicable Law, waives and pleases any error or defects in proceedings to enfo this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay f execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. PAbob tcnsent Perl Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the wmmence:nt of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money M 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 Joidgment. 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 tune to time under the Note. 1037066 4ft-OA(PA) Ioaoa) Inhlala: Pape 14 of Ia Form 3039 1101 IK-1966PG4976- BY SIGNING BELOW, B?ffower accepts and agrees to the terms and covenants contained in this security Instrument and in any R$der executed by Borrower and recorded with it. (Seal) -Borrower (Seal) Lawrence P. Diehl -Borrower _ (Seal) -Borrower 1037066 qq-GA(PA) moat (Seal) Sandra L Diehl -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (SW) -Borrower Page 15 of 1 5 Form 3039 1101 0 1 966PG4977 COMMONWEALTH OF PENNSYLVANIA, ? ,,,,,?et\A.t?O County ?? On this, the 1 day of September, 2006 , before me, the undersigned officer, personally Opeared Sandra L Diehl Lawrence P. Diehl known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they a ecuted the same for the purposes herein contained. IN WITNESS WHEREOF hereunto set my hand and official seal. My Commission Expires: bass OF L K V. NoRary ?;: WNW O x112 C heaia, M ,-V611111114011111111ft #1 Certificate of Reddence l I v V ?Qx1?? , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 7tt day of September, 2006 JACK V. ;RWIIR- OW" PUMIC L0 Jm 26,2010 Atsn imw of Ncptb 1037066 -SAJPA! =08) BXi966PG497 r•. S?? Initials: Page 1 e or 16 Form 3039 1101 seft" Legal Description ALL THAT CERTAIN arcel known as Lot No. 92, Section "F", Allendale, Lower Allen Township, County of berland, State of Pennsylvania, according to a plan of Allendale for Mid State evelopment, Inc., by William B. Whittock, R.P.E. dated March 31, 1978 and recorded i# Plan Book 35, Page 25, more particularly bounded and described as follows, to t: BEGINNING at a point on the Southwestern right-of-way line ofDeerfield Road, a 50 foot right-of-way, said point being located and referenced in a Southeasterly direction along the Southwestern fright-of-way line of Deerfield Road a distance of 590.67 feet from a curve with a rad' of 15.00 feet and an arc length of 21.65 feet connecting the Southwestern right-of-way line of Deerfield Road with the Southern right-of-way line of Fieldstone Road, a 50 foot right-of-way; thence along the Southwestern right-of-way line of Deerfield Road Sou 39 degrees 02 minutes 52 seconds East, a distance of 100.00 feet to a point at the North t corner of Lot No. 93, thence along Lot No. 93, South 50 degrees 57 minutes 08 Bonds West, a distance of 100.00 feet to a point at Section "E" Allendale; thence along Section "E" Allendale North 39 degrees 02 minutes 52 seconds West, a distance of 100. 0 feet to a point at the Southwest corner of Lot No. 91; thence along Lot No. 91 North 50 degrees 57 minutes 08 seconds East, a distance of 100.00 feet to a point the place of GINNING. HAVING THEREON tRECTED a dwelling house known and numbered as 120 Deerfield Road. BEING Parcel No. 13-25-0010-234 I Certify this to be recmied to Cumberland CounlY PA . ?A*.- --.* r. Reco d r of Deeds FX 19b6PG49?9 EXHIBIT "C' ASSIGN ENT OF MORTGAGE Inst. # 201209691 - Page 1 of 4 Prepared By: SELECT PORTFOLIO SERVICING, INC. BILL KOCH, 3815 SOUTH WEST TEMPLE SALT LAKE CITY, UT 84115 801-313-2242 When Recorded Return To RICHMOND MONROE GROUP PO BOX 458 KIMBERLING CITY, MO 65686 Assessor's/Tax ID No. 13-25-0010-234 CERTIFIED PROPERTY IDENTIFICATION NUMBERS 13-25-0010-234 - LOWER ALLEN TP CCGIS REGISTRY 04/05/2012 BY TS CORRECTIVE 11111 11111 11111 CORbORATE ASSIGNMENT OF MORTGAGE Cumberland, Pennsylvania R FERENCE #: - "DIEHL" INVESTOR #: U03 MERS #: 100200100103706614 VRU M 1-888-679-6377 Assignment Prepared on: March 27th, 2012. Assignor: MORTGAGE ELECTRC EQUIFIRST CORPORATION ITS SERVICING 3815 SOUTH WEST Assignee: U.S. BANK NATIONAL THE HOME EQUITY ASSET TRU SERIES 2007-2 at C/O SELECT I LAKE CITY, UT 84115. IC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR JCCESSORS AND ASSIGNS at C/O SELECT PORTFOLIO EMPLE, SALT LAKE CITY, UT 84115. 3SOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF r 2007-2, HOME EQUITY PASS-THROUGH CERTIFICATES, )RTFOLIO SERVICING INC 3815 SOUTH WEST TEMPLE, SALT Executed By: LAWRENCE P. DIE HL AND SANDRA L. DIEHL, HIS WIFE To: MORTGAGE ELECTRONIC REGISTRATIONS STEMS, INC. AS NOMINEE FOR EQUIFIRST CORPORATION Date of Mortgage: 09/07/2006 R rded: 09/25/2006 in Book/Reel/Liber: 1966 Page/Folio: 4963 In Cumberland County, State of Pennsylvania. I do certify that the precise address of (grantee/assignee/mortgagee/etc) is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, O BEHALF OF THE HOLDERS OF THE HOME EQUITY ASSET TRUST 2007-2, HOME EQUITY P SS-THROUGH CERTIFICATES, SERIES 2007-2 at C/O SELECT PORTFOLIO SERVICING INC 3815 SOUTH WEST TEMPLE, SALT LAKE CITY, UT 84115. Attested By:/L''? V 0 1 --- Assessor's/Tax ID No. 13-25-0010234 Property Address: 120 DEERFIEL ROAD, CAMP HILL, PA 17011 in the Township of LOWER ALLE Legal: ************* CORRECTIVE SSIGNMENT BEING RECORDED TO CORRECT THE BOOK AND PAGE NUMBER ON THE ASSIG ENT PREVIOUSLY RECORDED ON 11-25-2009 AS INSTRUMENT #200939494 *****""* *"*"***". KNOW ALL MEN BY THESE PRPSENTS that in consideration of the sum of TEN and NO/100ths DOLLARS and other good and val able consideration, paid to the above named Assignor, the receipt and *AMJ'AMJAMRC'03127/2012 03:31:27 PM' AMRC28AM 0000000000000000511893' PACUMBE* 353535250 PASTATE-MORT-ASSIGN ASSN 'PB1'PBIAMRC' Inst. # 201209691 - Page 2 of 4 CORPORATE ASSIGNMENT OF MORTGAGE Page 2 of 2 sufficiency of which is hereby ack owledged, the said Assignor hereby assigns unto the above-named Assignee, the said Mortgage tope er with other evidence of indebtedness, said Mortgage having an original principal sum of $203,200.00 with interest, secured thereby, together with all moneys now owing or that may hereafter become duelor owing in respect thereof, and the full benefit of all the powers and of all the covenants and provisos the eln contained, and the said assignor hereby grants and conveys unto the said assignee, the assignor's boneficial interest under the Security Instrument. TO HAVE AND TO HOLD the aid Security instrument, and also the said property unto the said assignee forever, subject to the to ms contained in said Security Instrument. MORTGAGE ELECTRONIC REG STRATI/SYS MS, INC. ("MERS") ORP• On MAR 2 9 : ? er 'c o9 . pis i 14. ¢ .•? s I By: CURTIS PUL IPHER, VICE PRE I NT 0? F r'9L t CO NO IWk STATE OF UTAH COUNTY OF SALT LAKE On MAR 2 9 2012 , before me,? KIMBERLY CLARK, a Notary Public in and for SALT LAKE in the State of UTAH, personally appeared CU TIS PULSIPHER, VICE PRESIDENT, signing on behalf of Mortgage Electronic Registration Systems, i c., ("MERS"), personally known to me (or proved to me on the basis of satisfactory evidence) to be the pe son(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, and that by his/her/their signature on the instn?ment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI NESS my hand and official seal o K1ryBERLY CLARK Noto Public State of Utah I Y CLARK my Commission Expires on: December 11, 2015 Notary Expires: 12111/2015 #65083 Comm. Nvmber. 650831 (This area for notarial seal) BILL KOCH 'AMJ'AMJAMRC'03127201203:31:27PM'AMRC28AM(00000000000000000511893•PACUMBE'353535250PASTATE_MORT_ASSIGN-ASSN 'PBI*PBIAMRC' it Inst. # 201209891 - Page 3 of 4 Legal Description ALL THAT CERTAIN p el known as Lot No. 92, Section "F", Allendale, Lower Allen Township, County of Cumberland, State of Pennsylvania, according to a plan of Allendale for Mid State De*elopment, Inc., by William B. Whittock, R.P.E. dated March 31, 1978 and recorded in Plan Book 35, Page 25, more particularly bounded and described as follows, to wit; BEGINNING at a point on foot right-of-way, said poit along the Southwestern rig from a curve with a radius Southwestern right-of-way Fieldstone Road, a 50 foot of Deerfield Road South 3? to a point at the Northeast c degrees 57 minutes 08 sec( Allendale; thence along Se West, a distance of 100.00 along Lot No. 91 North 50 to a point the place of BEC he Southwestern right-of-way line of Deerfield Road, a 50 being located and referenced in a Southeasterly direction t-of-way line of Deerfield Road a distance of 590.67 feet f 15.00 feet and an arc length of 21.65 feet connecting the ine of Deerfield Road with the Southern right-of-way line of fight-of-way; thence along the Southwestern right-of-way line degrees 02 minutes 52 seconds East, a distance of 100.00 feet )mer of Lot No. 93, thence along Lot No. 93, South 50 ids West, a distance of 100.00 feet to a point at Section "E" tion "E" Allendale North 39 degrees 02 minutes 52 seconds eet to a point at the Southwest corner of Lot No. 91; thence legrees 57 minutes 08 seconds East, a distance of 100.00 feet NNING. HAVING THEREON ERECTED a dwelling house known and numbered as 120 Deerfield Road. BEING Parcel No. 13-25-010-234 Inst. # 201209891 - Page 4 of 4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 117013 717-240-6340 Instrument Number - 201209891 Recorded On 4/5/2012 At 2:31:23 M * Instrument Type - ASSIGNMENT ,OF MORTGAGE Invoice Number - 105495 (User ID - RZ * Mortgagor - DIEHL, LAWEREN E P * Mortgagee - HOME EQUITY AS SET TRUST 2007-2 * Customer - SIMPLIFILE LC E-R CORDING * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO 1$23.50 JUSTICE RECORDING FEES - 1$11.50 RECORDER OF DEEDS PARCEL CERTIFICATION 1$10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE '$3.00 TOTAL PAID 1$50.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ;7 4- RECORDER OF DEEDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. EXHIBIT "D' POWER OF ATTORNEY ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1. COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6310 Instrument Number - 201204292 Recorded On 2/13/2012 At 12:10:52 PM * Instrument Type - POWER OF A TORNEY Invoice Number - 101922 User ED - SW * Grantor - US BANK NATIONAL ASSOCIATION * Grantee - SELECT PORTFOLIO SERVICING * Customer - LAW OFFICES OF ARBARA A FEIN P C * FEES STATE WRIT TAX ,$0.50 RECORDING FEES - 013.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $19.00 * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA of RECORDER O D DS r?ao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 10088918 C,;;.6609081920069 8/1912009 Carrt f,ed by 8alr Lake C=x0,Recor4er hup.•//al corecorder. stredoea. oon?cerr BK 4861 PG 152 1008$918 05!04/2007 10:10 AN $10. 00 Book - 9459 Ps - 8585 GARY W- OTT RECORDER, SALT LAKE COUNTY, UTM SELECT PORTFOLIO SERVICING PO BOX 65250 SLC UT 84165 BY. NEN, DEPUTY - YI 1 P. RECORDI. O REQUEST't3Q BY. l Sel Po zing, Lpe. 000???---"' Doc Co I Depnrtnknl WE LAW OFFICES of P. t .La nee Cit o err 65-0 BARBARA A. FEIN 50 425 COMMERCE D" I nnT WASH019M PA 19M LIMITED POWER OF ATTORNEY US. B.t.\K N.tnoxm. AS' ATmx ("U.S. Bank'j, a national banking association organized and existing under the laws of Tire United Sta of America, 60 Livingston Ave, Corporate Trust, 3rd Floor, St. Paul, MN 55107, hereby constitutes and sppo Smxcr PORTFOLm SERVtcma, Lvc. ("SPS'?, and in its name, a foresaid Attorney. In-Fact, by and through as y officer appointed by the Board of Directors of Select Portfolio Servicing, Inc., to execute and acknowledge i writing or by facsimile stamp all documents customarily and reasonably necessary and appropriate for the tasks :scribed !n the item (t) through (4) below, provided, however, that the documents described below may only a executed and delivered by such Attorneys-In-Fact if such documents are required or permitted under the terms f the Pooling and Servicing Agrecaxmt, dated as of March 1, 2007, among Credit Suisse First Boston Mortga a Securities Corp., as Depositor, DU Mortgage Capital, Inc., as Sellcr, Select Portfolio Smiting, Inc., as Scrviccr and Special Collections Serviccr, Clayton Fixed Income Services, Inc„ as Credit Risk Manager and U.S. Bank N tional Association, as Trustee, relating to Home Equity Asset Ttvst 2007.2. Home Equity Pass-Through Car Meares, Series 2007-2, and no power is granted hereunder to take any action that would be adverse to the interests of rite Trustee of the Holder. This Limhed Power of Attorney is being issued in connection with Select P ratio Servicing. Inc.'s responsibilities to service certain mortgage loans (the "Leans") held by U.S. Bank in its ca city as "Trustee. These'Loams ate comprised of Mortgages, Deeds of Tout, Deeds to Secure Debt and other fo or Security htstrurmats (collectively, the "Security Instrumems'7 and the Notes secured thereby. I. Demand, sue fur. cover. collect and receive each and every sum of money, debt, account and Interest (which now is, or ereaQer shall become due and payable) belonging to or claimed by U.S. Bank National Association, and o? use or take any lawful means for recovery by legal process or otherwise. 2. Transact business f any kind regarding the loans, and obtain on interest therein and/or building thereon, as US. Bank Nati nal Association's act and deed, to contact for. purchase, receive and take possession and evidence of title i and to the property and/or to secure payment of a promissory note or perforoance of any obligation or t mein. 3. Execute bonds, ac. es, mortgages, deeds of trust and other contracts, agtetnacm and instruments regarding the Borrowers an or the Property, indudio L but not limited to, the execution of relearn satisfac6oa s, assipp =nwis, and dter instruments pertaining to mortgages or deeds or turd, and execution or deeds and associated irstrtmr nts, if any, conveying the Property, in due interest of U.S. Bank National Association. 4. Endorse an behaltj of the undersigned all checks, drafts andlor other negotiable instruments made payable to the undersigned WrTWESS my hand and seal this 5o Clay of April, 2007 NO CORPORATE SEAL Witness: Michael engtsoil 0-124Z Witness: Trisha L. Willett' US. Bank National Association, as Trustee By: Charles F. Pedersen, Vice President By:I 1?-- Becky W 0. 'sistam Vice President i Attest: Susan Burdick, Trust Offircer Sale of Minnesota County of Ramsey TIFFANY M. JEANSON Notary Pabtk klinnanota ta,CanYaRprrapies,W M31.2099 SK 9459 PG 85B5 FOR CORPORATE ACKNOWLEDGMENT On this 5° day of April, 007, before me, the undersigned, a Notary Public in and for said County and State, personally appeorod.C¢arl F. Pedersen, Becky Warren, Susan Burdick, personally known to me (or proved to me on the basis of.sptisfacto evidence) to be the persons who executed the within instrument as Vitt President, Assistant Vtee:.'mr8ent o Trust Officer respectively of US. Bank National Association, and known to me to be the person w, ho:cx cu*d t -within instrument on behalf of the corporation therein oaxd, and acknowledge to me that such edgihratiem'?ec "ted1thc'w0in instrument pursuant to its by-laws or a re soh.4ion of its Board of Directors. v , T - '.4111w l EVIE RAFALKO McNULTY LACKAWANNA COUNTY RECORDER OF DEEDS Gateway Center 135 Jefferson Avenue Scranton, Pennsylvania 18503 (570) 963-6775 Instrument Number - 201100027 Recorded On 1/3/2011 At 10:09:0 IT * Ins trument Type - POWER OF A :nY Invoice Number - 163351 N * Grantor - US BANK * Grantee - SELECT PORTFOLIC SERVICING INC * Customer - CATHERINE J GAR US * FEES STATE WRIT TAX $0.50 RECORDING FEES - !$13.00 RECORDER OF DEEDS COUNTY IMPROVEMENT FEE ? $2.00 ROD IMPROVEMENT FEE ' $3.00 TOTAL PAID ($18.50 * Total Pages - 5 This is a certification page DO NOT DETACH This page is now part of this legal document. RETURN DOCUMENT TO: CATHERINE J GARBUS PO BOX 504 24 E TIOGA ST TUNKHANNOCK, PA 18657 lam, ?d.d b M ?eedfr a/.00wh Ollift of tedwwmm CONN& P Is I I ni k F'" 01611 464-0f, P*r RgwA #Aft Rewfdwof o" * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 03338A li I I I I II I VIII I it I I l l l III PLEASE RECORD/FILE AND RETURN TO THE LAW OFFICES OF BARBA A. Commerce Drive, Suite 100 ' FEIN FortWashington, PA 19034 STATE OF UTAH ) 9>a COUNTY OF DAVIS ) t THE UNDEPSIGNED, RECOROVT LMENION NTY. UTAH, 00 HEREBY CERTIFY THAI THE ANNEXEFOREGOING IS A TRUE AND FULL COPY OF AN ORIGINAI DOC E IN MY OFFICE AS SUCH RECORDER WIT NESS MC AMU SFICE ''?? THIS UAY OT 20+ R?IC??ITD I MAu6 1, CARDER YY i(1 AXA it . /L( DEPUIY lb UPI a? Not Applicable Office of the Davis Cou0ty Recorder Recorder Richard T. Maughan Chief Deputy Laile K Lomax 2481498 ?'Tt ??MED BK 4861 PG 151 SEP 16 2009 E _74314±6 S 4%1 F Ill-133 RICHARD T. MAUGHAH DAMS COUNTY, UTAH RECORDER 119/16/2009 11:26 AM FEE $14.00 PSE.: 3 DEP RTT 'REC'D FOR SELECT PORTFOLIO SERVICING INC DO?UMENT FRONT PAGE The accompanying document mains insufficient blank space in the appropriate place for the official recording information. This font page is added for that purpose only, and becomes the first recorded page of the document. a6 . , ; ? ??LL t• t s '? U : '. tS ? ?.: yy f a .S. 7 ? r s y -a - ?K ?C Y -V vr . n,, ` b ? e yYK, i ; ? ag } O . EXHIBIT "E" LOAN MODIFICATION I AGREEMENT Select Pktfotio Servicing tl L0AN b'IODWIC.A TION AGREEMENT (NOTE) This Lc&n Modification A ant ("`Agreement") is effective September 1, 2011, between SANDRA DMIU, {"Barra ' er" and Select Portfo 'o Servicing, Zz?c., acting on behalf of the Owner of the Note (")Gender"), and amends and su dements .00 We Nate 'Note'] made by the Borrower, dated September 12, 2006, in the original principal sum of 203,200.x. The Bo wer has requested tit t the Lender modify the terms of the Note. The Lender has agreed to do so pursuant and conditions scat in this Agreement. In consideration of the amendments made in this Agmement, to the t ms . and oth r good and valuable c nsidcmtion which the parties avee they have received, the Borrower and Lender agree th the provisions set for It in the Note is modified as follows; The Borrower ac. owledges that interest has accrued but not been paid and the Lender has incurred, paid or otherw' advanced taxes, insurance premiums and other expenses necessary to protect or enforce its at tin the Note and Security Instrument that secures repayment of the Note. The Borrower and the Leader acknowledge that a portion of such interest, costs and expenses, has been added to the rode edness under the terms of the Note and Security Instrument. The Borrower and the Leader agree t effective September 1, 2011, the principal sum of the Note ("Unpaid Principal. Balance") will be justed to $200,425.86. The Borrower p ises to pay the Unpaid Principal Balance, plus interest, to the order of the Lender, until the unpaid rtncipal balance has (teen paid. Interest will be charged on the Unpaid Principal Balance at the fixed annual rate of 7.750% until the Unpaid Principal Balance has been paid. 'T'he Borrower promises to make monthly payments of principal and interest of S 1,415.61 beginning on the 1st day of oetob 2011, and continuing thereafter on the saute day of each succeeding month. The Borrower acknow edges that the modified principal and interest payments have been amortized over a term. which roc IthModified e Modified Maturity Date (as hereinafter defined) and that a balloon payment will be due on Maturity Date. If on Jane 1, 2837 (the „Modified. Maturity Date'"), the Borrower still mounts under the Note and the Security Instrument, as amended by this Agreement, thor will pay those amounts in full on that date. In addition to the . thly payment of principal and interest, Borrower will, if requested, establish an escrow account d pay a monthly escrow payment in the initial amount of $,304.10. The Borrower's total monthly pa ent of principal, interest and escrow is equal to S 1,714.71. The Borrower h agreed to establish an escrow account, the amounts of which have been disclosed in Section 2 above. The Borrower acknowledges that these payments attributable to insurance and taxes are determined the state taxing authorities and insurance companies and therefore, are subject to change from time to time. The Borrower will be notified of such changes. kxcept as moddl above, ltotrower acknowledges that all other terms of the Note and Security Instrument, including without limitation, the Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow item, impouods, and all other payments that the Borrows is obligated to make under the Security Instrument shalt remain in full force and effect. Borrowers and the Lender have signed this Agreement as of the Wfectiive Date. DATE. IKA1 k ZQ r 2011 EXHIBIT "F" CT 6 NOTICES I? 5LL?C fia CING, inc. S S1 I O 1:'_i 1/2011 Account Number: SANDRA DIEHL Property Address: 120 DEERFIELD RD CAMP HILL PA 17011 120 DEERFIELD RD CAMP HILL PA 17011 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 21007-2 Home Equity Pass-Through Certificates, Series 2007-2 (hereinafter we, us or ours) on your property located at 120 DEERFIELD RD, CAMP HILL PA 17011, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,719.71 for the months of 10/01/2011 through 121112011 (a total of 3 months). Late charges and other charges have also accrued to this date in the amount of $ 212.34. 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 55,371.4. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $5,371.47, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: Select Portfolio Servicing PO Box 65450 Salt Lake City, UT $4165-0450 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 paymont of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheri to payoff the mortgage debt. if we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees; actually incurred, up to $50.00. However, if legal proceedings are started-against you, you will have to pay the reasonable attorney's fees even if . they are over $50.00• Any attorney's fees will be added to whatever you owe us, which may also include our reasonable casts. If you cure the default within the thirty day period, you will not be required to pay attorney 's fees. L1z064 Page 1 of 4 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 day period and foreclosure proceedings have begun, you still have the ight to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure ?sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or othe charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosur sale and perform any other requirement under the mortgage. It is estimated that the earliest date hat such a Sheriff's sale could be held would be approximately four (4) months from the date of this Notice. A notice of the Sheriff sale will be sent to you before the sale. Of course;. the amount needed to cr re the default will increase the longer you wait. You may find out at any time exactly what the required ayment will be by calling us at the following number. (800) 635-9698 This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGfi rro SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER I,. DING INSTITUTION TO PAY OFF T141S DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURET) BY ANY THIRD PARTY ACTING ON YOUR BEHALF. f you cue the default, the mar age will be restored to the same position as if no default had occurred. However, you are not entitled to t4is right to cure your default more than three times in any calendar year. Account Servicing Your account is being serviced Jb SelectPortfolio Servicing, Inc. (SPS). Please be aware that the holder of your mortgage has limited aced evel information about your account. The mortgage holder has designated SPS, as servicer of your accounmaintain your account, enforce your mortgage document provisions, and answer all of your questions abhe account. Please direct all 4uestions regarding your account or this Notice to SPS': Select Portfolio Servicing, Inc. P.O. Box 65250 Salt Lake City, UT 84165 (800) 635-%98 You Have Options to Avoid Fu SPS is committed to home rc customers avoid foreclosure. 'TI payment arrangements, structure government's Making Home Af are not eligible for the Making. similar solution, which could irm programs, please contact our Pr representatives are available bet p.m. Friday and Saturday from 8 LR064 ration and offers many customer assistance programs designed to help e programs are offered at no cost to our customers and may include special repayment plans, or loan modifications. SPS is a participant in the federal rdable Program to help you keep your home if you are eligible. Even if you )me Affordable Program, you may be eligible for a workout plan dr other ide an SPS loan modification. If you would like to Team more about these nary Collections Department. Our toll-free number is (800) 635-9698 and ,en the hours of 8 a.m. and I 1 p.m. Monday through Thursday, 8 a.m. to 9 m. to 12 p.m., Eastern Time. Page 2 of 4 Counseling Home ownership counseling may be available to you by eontaoinlg a HUD-approved c0tunseling agency. You may call (800) 5694287 or'TDD (800) 877-8339 for the housing cot inseling agency nearest you, or go to their website at: www.hud.gov. You may be eligible for assistance fro n the Homeownership Preservation Foundation which may be reached at (888) 995-HOPE (4673). or from an ?ther foreclosure av oiditnce agency. Additional Options Under the Active service members and vet foreclosure protections under th encourage you to assert and pin States. If you or your spouse is Guard or as a member of a rese notice of the active duty military application requirements, please Sincerely, Desiree Phillips Select Portfolio .Servicing, Inc. iervicemernbers Civil Relief Act (SCR X ) Tans of the United States military may be entitled to certain interest rate and SCRA. If you acre a member or veter.,n of the United States military, we tect your rights as a member or veteran: of the armed forties of the Untied erving on active military duty, including active military duty of the National ve component of the armed forces of th,, United States, please send written service to SPS immediately. If you have questions regarding eligibility and all us at (800) 635-9698. Esta carts contiene iufarmaciOn importante concerniente a sus derechos. Por favor, hagala traducir. Nuestros representotes bilingues esh n a su disposici6n Para contestar cualquier pregunta Uamondo al telifono 1-.800-831-0118 y manjue Is. opci6n 2. This communication from tbtained debt collector is an attempt to collect a debt and any information will be used for that purpose,. °0MvW o t 9" Fft BVIMM"011 0 C3 TOW F% n, SANDRA DIEHL 120 DEFRFIELD RD CAMP HILL PA 17011 C3 or PO ea C* Spit 1,11064 - Page 3 of 4 Slopping Confirmation Select Portfolio Servicing, inc. 1 Mail Confirmation SPS Confirmation Number: 1357567 I M MI gill Certified Tracking Number: 70112000000266568572 Request Date: 12/2112011 1:44:00 PM Letter Information Loan Number: Additional Loan Number(s): Bitting Type: Name or Company: SANDRA DIEHL Attention: Address: 120 DEERFIELD RD City: CAMP BILL State: Oennsytvania Zip Code: 17011 Contact Number: Notes: Letter Code: Sender's Information Name: Morgan Higl?ee Department: Document ntrol Cost Center: 10150 Location: Salt Lake Ci , Utah Phone Number. 801-313-2208 Email Address: morgan.hig @spservicing_com Shipping Label Page l of I VIWTW TATES. FOSTQL .SERVK.& Attach certified or express mail label. If needed, cut along dotted lines and affix shipping label to envelope with clear tape. •! Y Y Y Y ar YY Ya!!E %'E P!! •!!?lfaf t E!!' a!!!• s i SANDRA DIEHL a 120 DEERFIELD RD CAMP HILL, Pennsylvania 17011 ¢Y YYt Y4!l Cb a: e!Yl4aPrllk +?4 F-ti C rs a.4 f.3• I 9SISELECT portfiolio SEWICING, iru. 12/2) /2011 Account Number. LAWRENCE D1FHL Property Address: 120 DEERFIELD RD 120 llEERFIELD RD CAMP HILL PA 17011 CAA4P 111 LL PA 17011 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2 Home Equity Pass-Through Certificates, Series 2007-2 (hereinafter wre, us or ours) on your property located at 120 DEERFIELD RD, CAMP HILL. PA 17011, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,719.71 for the months of 10/01/2011 through 1211/2011 (a total of 3 months). Late charges and other charges have also accrued to this date in the amount of $ 21234. 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 ,1;5,371.47. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $5,3 71 .47, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: Select Portfolio Servicing PO Box 65450 Salt Lake City, UT $4165-0450 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 wilt be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Therito pay o,,fjthe 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 )lay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if. they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you care the default within the thirty day period you will not be required to pay attorney's fees. LR064 ? Pagcl0f4 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 day period and foreclosure proceedings have begun, you still have the fight to cure the default crud prevent the sale at any time up to one hour before the Sherfg's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or othe charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirement under the mortgage. It is estimated that the earliest date ghat such a Sheriffs sale could be held would be approximately four (4) months from the date of this N lice. A notice of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cu?e the default will increase the longer you wait. You may find out at any time exactly what the required ayment will be by calling us at the following number: (800) 635-9698. This payment must be in cash, hier's check, certified check or money order and made payable to us at the address stated above. You should realize that a She s sale will end your ownership of the mortgaged property and your right to remain in it. If you co tinue to live in the property alter the Sherifrs sale, a lawsuit could be started to evict you. You have additional rights to hel protect your interest in the property. YOU HAVE T 14F RIGHT TO SELL TItE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEIST, OR TO BORROW MONEY FROM ANOTHER L ING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE TH RIGIfI' TO HAVE TIES DEFAT T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cum the default, the mor age will he restored to the same position as if no default had occurred. However, you are not entitled to 's right to cure your default more than three times in any calendar year. Account Servicing Your account is being serviced b Select Portfolio Servicing, Inc. (SPS). Please be aware that the holder of your mortgage has limited accoun level information about your account. The mortgage holder has designated SPS, as servicer of your account, maintain your account, enforce your mortgage document provisions, and answer all of your questions about account. Please direct all questions regarding your account or this Notice to SPS: Select Portfolio Servicing, Inc. P.O. Box 65250 Salt Lake City, UT 84165 (800) 635-%98 You Have Options to Avoid Fo losure! SPS is committed to home ion and offers many customer assistance programs designed to help customers avoid foreclosure. The programs are offered at no cost to our customers and may include special payment annangements, strtrcturecl payment plans, or loan modifications. SPS is a participant in the federal government's Making Home Affo le Program to help you keep your home if you are eligible. Even if you -are not eligle'for the Making Ho a Affordable Program, you may be eligible fora workout plan or other similar solution, which could incl an SPS loan modification. If you would like to learn more about these programs, please contact our Pri Collections Department Our toll-free number is (800) 635-9698 and representatives are available betty n the hours of 8 am. and I 1 p.m. Monday through Ifiursday, 8 a_m. to 9 p-m. Friday and Saturday from 8 a. . to 12 p.m., Eastern Time. LR064 j Page 2 of 4 Counseling Home ownership counseling m be available to you by contacting a IHUl)-approved counseling agency. You may call (800) 569-4287 or 131) (800) 877-8339 for the housing counseling agency nearest you, or go to their website at: www.hud.gov. You may be eligible for assistance from the Homeownership Preservation Foundation which may be reached at (888) 995-HOPE (4673), or from another foreclosure avoidance agency. Additional Options Under the: Active service members and vete foreclosure protections under th€ encourage you to assert and pro States. If you or your spouse is Guard or as a member of a reset notice of the active duty military application requirements, please 4 Sincerely, Desiree Phillips Select Portfolio Servicing, Inc. ervicemembers Civil Relief Act (SCRA) ans of the United States military may be entitled to certain interest rate and SCRA. If you are a member or veteran of the United States military, we xt your rights as a member or veteran of the armed forces of the Untied tying on active military duty, including active military duty of the National e component of the armed forces of the United States, please seM written mice to SPS immediately. If you have questions regarding eligibility and ill us at (800) 635-9698. Esta carta oontiene informac' n importante concerniente a sus derecho& Por favor, hagala traducir_ Nuestros represents tes bilingues estan a su disposiciin pare contestar cualquier pregunta Its ndo al telefono 14K*-831-0118 y marque la option 2. This communication from a debt collector is an attempt to Collect a debt and any information obtained will be used for that purpose. LR064 m adOdvwF" T. LAWRENCE DIEHL 124 DEERFIELD RD CAMP HILL PA 17011 w? - Page 3 of 4 U'S. Pos?I se' ?? CERTIFIF-D Shipping Confirmation Select Portfolio Servicing, Inc. 1 Mail Confirmation SPS Confirmation Number: 1358026 01111111011111) Certified Tracking Ntimber: 70112000000266569500 Request Date: 12/22/20119.46:00 AM Letter Information Loan Number: Additional Loan Numbers): Billing Type: Name or Company: LAWRENCE DIEHL Attention: Address:. 120 DEEERFtELD RD City: CAMP HILL, State: Pennsylvania Zip Code: 17011 Contact Number. Notes: Letter Code: Senders Information Name: Morgan Higbee Department: Docum?nt Control Cost Center: 10150 Location: Salt Labe City, Utah Phone Number. 801-311-2298 Shipping Label Email Address: morganlhigbee@spservicing.com Page 1 of t tJ1LljWS7tSd"t . PCKTL LMt Attach certified or expres$ mail label. If needed, cut along dotted lines and affix shipping label to envelope with clear tape. «..««..4...«.....r.l4r..r.rrr..... . „ LAWRENCE DISH x 120 DEEERFIELD D CAMP HILL, Penn ylvania 17011 «er4e.l r.. r•lE4r. e.rs?•4tt.4rrc.r.r _ .?._._ ht?p:1. ... 12/22/2011 VERIFICATION The undersigned, an officer of Select Portfolio Servicing, Inc., the instant Plaintiff, or its servicing agent, being authorize}) to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the forego Ilog Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in tho ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THt T FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C. . SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: C Name Title Document Control Officer Company: Select Portfolio Servicing, Inc. 120 Deerfield Road, Camp Hill, PA 19077 File No. 09-15577 U.S. BANK NATIONAL ASSOCIATIQN, as Trustee on behalf of the Holders of the Home E mly Assest Trust 2007-2 Home Equity Pass-Throu h Certificates Series 2007-2, laintiff(s) LAWRENCE P. DIEHL and SANDRA L. DIEHL NOTICE OF vs. TPefendant(s) RESiDENTIAL M IN THE COURT O COM c ` _ F MON PLEAS CUMBERLAND COUNTY PENNS'??QN IA1 '? rv r , J ' r c, -tr -iC' ?' TI r} C7 Civil MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served whh a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a er, you must take the following steps to be eligible for a conciliation conference. First, within twenty 20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 exten on 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge tin you. Once you have been appointed a legal representative, you must promptly meet with that legal rep sentative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepay on your behalf. If you and your legal representative complete a financial worksheet in the format attached ereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a repre tative of your lender in an attempt to `work out reasonable arrangements with your lender before the mortoge foreclosure suit proceeds forward. If you are represented b a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation confer nce. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resoluti n proposal can be prepared on your behalf, If you and your lawyer complete a financial worksheet in the forma attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which ust be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you o so and a conciliation conference is scheduled, you will have an opportunity to meet with a repres tative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SA YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS iOTICE. THIS PROGRAM IS FREE. MAY 2 ,2012 _ Date Respectfully submitted: l.r--? l ignature of Counsel for aintiffJ Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Cou of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the follow?ng information tothe best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes E] No ? Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: _ Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments (Amount: $ Included Taxes & Insurance: Date of Last Payment: Is the loan in Bankruptcy? 1 Yes ? No ? Email: # of people in household: How long? If yes, provide names, looation of court, case number & attorney: Assets ount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile # 1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed; Value: Other transportation autgmobiles,_boats, motorcycles): Model: Year: Amount owed: Value MonAbly Inenme Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days:Co-Borrower Pay Days: MonthlExpenses: (Pl4se only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE -? ? AMOUNT Mortgage food 2°4 Mortgage Utilities Car Payment(s) Condo/Nei . Fees Auto Insurance Med. not covered Auto fueUre airs Other Prop- vavment Install. Loan Pa ent Cable TV Child Su rt/Alim. Spending Money Da (Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on income &. Expenses: Have you been working: With a Housing Counseling Agency? Yes ? Non If yes, please provide the Counseling Agency: Counselor: _ Phone (Office): lowing information: Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes[] No ? If yes, please indicate the' status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquen y? Yes ? No If yes, please indicate the 'status of those negotiations: Please provide the follow?ng information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name) Phone: Servicing Company (Narne): Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V( Proof of income ?t Past 2 bank statements Proof of any exp ted income for the last 45 days Copy of a current?ut iity bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) V Listing agreemen? (if property is currently on the market) I/We. authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe aan/ a under no obligation to use the services provided by the above named U.S. BANK NATIONAL AS50C TIALTION, as Trustee : IN THE COURT OF COMMON PLEAS' OF on behalf of the Holders of the Ho a Equity Assest Trust 2007-2 Home Equity Pass-T rough Certificates : CUMBERLAND COUNTY, PENNSYLVANIA Series 2007-2, Plaintiff(s) V5. LAWRENCE P. DIEHL AND SANDRA L DIEHL Defendant(s) CIVIL FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential ]Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant s the owner of the real property which is the subject of this mortgage foreclosunaction; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant as been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant I Date Signature of Defendant Date SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r., = C=1 r:? -mil Jody S Smith ? -R Chief Deputy o rn :3r 3vo -tn ' Richard W Stewart -.c N :0' Solicitor .G o z~ C fM C: } , US Bank National Association ge vs. Case Mirri r Lawrence P. Diehl (et al.) 2012-2736 SHERIFF'S RETURN OF SERVICE 05/07/2012 08:47 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 7, 2012 at 2047 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Sandra L. Diehl, by making known unto herself personally, at 120 Deerfield Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DEPUTI'----- 05/07/2012 08:47 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 7, 2012 at 2047 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Lawrence P. Diehl, by making known unto Sandra Diehl, Wife of Defendant at 120 Deerfield Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $59.00 May 09, 2012 7a7T RYAN BURGETT, DE SO ANSWERS, RON R ANDERSON, SHERIFF U.S. BANK NATIONAL ASSOCIATION :IN THE COURT OF COMMON PLEAS OF As Trustee of the Holders of the Home :CUMBERLAND COUNTY, PENNSYIs AL A U:x Equity Asset Trust 2007-2 Home Equity Pass: rn m ?. i Through Certificates Series 2007-2 rte- ?; Plaintiff w "'' .-? -drx C) vs : d LAWRENCE P. DIEHL and SANDRA L. DIEHL Defendants DOCKET NO 12-2736 CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: Defendants are the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendants live in the subject real property, which is defendants' primary residence; 3. Defendants have been served with a "Notice of Residential Mortgage Foreclosu Diversion Program" and have taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: G? Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Defendants DATE: July 20, 2012 CERTIFICATE OF SERVICE AND NOW, this 20th day of July 2012, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Request for Conciliation Conference by mailing a true and correct copy via United States first class mail, addressed as follows: Barbara A. Fein, Esquire THE LAW OFFICES OF BARBARA A. FEIN, P.C. 721 Dresher Road, Suite 1050 Horsham, PA 19044 LAW OFFICES OF MARK K. EMERY C By:? Mark K. Emery U.S. BANK N.A., as Trustee of the Holders of the Home Equity Asset Trust 2007-2 Home Equity Pass Through Certificates Series 2007-2, Plaintiff VS. LAWRENCE P. DIEHL and SANDRA L. DIEHL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 12-2736 CIVIL CASE MANAGEMENT ORDER AND NOW, this o?*7_4 day of July, 2012, the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on A/ /.Z, at /m. in chambers k4"" No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintifflender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, i J. ? Barbara Fein, Esquire 721 Dresher Road, Suite 1050 Horsham, PA 19044 c For the Plaintiff g'- -i rn` ? Mark K. Emery, Esquire w 410 North Second StreetN Harrisburg, PA 17101 c a For the Defendants 3 :rim ieS p? ?eGl CIN US BANK NATIONAL ASSN. as Trustee on behalf of the holders of the Home Equity Asset Trust 2007-2, Home Equity Pass-Through Certificates, Series 2007-2, Plaintiff vs. LAWRENCE P. DIEHL and SANDRA L. DIEHL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 12-2736 CIVIL IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this ~ ~ day of November, 2012, because of a scheduling conflict in this office, the conciliation conference in this matter set for November 16, 2012, is continued to Friday, November 30, 2012, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin Hess, P. J. ~ ~ ".' ~/ Barbara A. Fein, Esquire z c mar= 721 Dresher Road, Suite 1050 ~~'r . t Q Horsham, PA 19044 3' x °D --~~ For the Plaintiff ~ `~ T?c~ s~ Z ~ ~ z~, Esquire / Mark K. Emery 3'" ~ , ~ , 410 North Second Street -r, ~ ,, --~ -~~ Harrisburg, PA 17101 For the Defendants rlm C'DpiCS qua, /r~ ~~/fr~z ~~ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCLA.TION, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2, Home Equity Pass-Through Certificates, Series 2007-2, Plaintiff, NO. 12-2736 Civil. v. LAWRENCE P. DIEHL and SANDRA L. DIEHL, Defendants. ORDER AND NOW, upon consideration of the Parties' mutual agreements and intentions as stated in and under a separate instrument identified as the "Settlement Agreement and Release of Claims" as executed by the Parties andlor their counsel of record, and upon fi~rther consideration of the representations made by Parties' respective counsel as their clients' mutual desires to resolve matters ~s between them and. to move forward with the Mortgage Foreclosure herein above captioned TT IS HEREBY ORDERED AND DECREED that the instant Mortgage Foreclosure Civil Action herein captioned is henceforth and forthwith removed from. the Cumberland County Residential Mortgage Foreclosure Diversion Program. The Cumberland County Prothonotary shall note the record and~dockef to reflect same. Effective thisdafe, the stay of Mortgage Foreclosure proceedings is lifted and vacated. BY THE COURT: CONSENTED TO NOVEMBER 7, 012 t l ~C(~ 1~1 ~ `/ BY: Barbara A. Fein, Esquire On Behalf of Plaintiff PA Attorney ID No. 53002 .' Y ~ ~ e. Mark K. Emery, Esquire °~ On Behalf of the Defendants . ~'.- FA Attorney ID No. 7278 ~9P;es rr•~.1'~l it ~a ~~ ~ A ~~- Kevin Adair Hess, J. ~,r _,..3 ~~ . ' _ ,.. " -~ 'i rr ~ ~ ~~-:- ~ .- -- tl , ~/~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U.S. BANK NATIONAL ASSOCIATION, COURT OF COMMON PLEAS as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2, Home Equity Pass-Through NO. 12-2736 Civil -'ry Certificates, Series 2007-2, mco C_ Plaintiff, - � V. CD -� -7-, LAWRENCE P. DIEHL D c ry and SANDRA L. DIEHL, ' �LJ Defendants. PRAECIPE TO ISSUE WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County,against Lawrence P.Diehl and Sandra L.Diehl,Defendant(s),and real property situated at 120 Deerfield Road, Lower Allen Township, Cumberland County, Pennsylvania. r0. AMOUNT DUE $25%000.00 INTEREST calculated at the legal rate of 6% (per diem rate of$42.58) from December 17, 2012 through the date on which the property is sold at Sheriffs Sale. $ SUBTOTAL $ June 4, 2013 n S) Barbara A. Fein, Esquire lC nIol� W '���1 a Attorney I.D. No. 53002 �"'�� I 721 Dresher Road, Suite 1050 �9'60 Horsham, PA 19044 03•-)S �t (215) 653-7450 File-No. 09-15577 . .as 1 � . so 0, It?c 7 e# 15 y ALL THAT CERTAIN parcel known as Lot No. 92, Section"F",Allendale, Lower Allen Township, County of Cumberland, State of Pennsylvania, according to a plan of Allendale for Mid State Development, Inc.,by William B. Whittock,R.P.E. dated March 31, 1978 and recorded in Plan Book 35,Page 25,more particularly bounded and described as follows,to wit: BEGINNING at a point on the Southwestern right-of-way line ofDeerfield Road, a 50 foot right-of-way, said point being located and referenced in a Southeasterly direction along the Southwestern right-of-way line of Deerfield Road a distance of 590.67 feet from a curve with a radius of 15.00 feet and an arc length of 21.65 feet connecting the Southwestern right-of-way line of Deerfield Road with the Southern right-of-way line of Fieldstone Road, a 50 foot right-of-way;thence along the Southwestern right-of-way line of Deerfield Road South 39 degrees 02 minutes 52 seconds East, a distance of 100.00 feet to a point at the Northeast comer of Lot No. 93,.thence along Lot No. 93,South 50 degrees 57 minutes 08 seconds West,a distance of 100.00 feet to a point at Section "E" Allendale;thence along Section"E"Allendale North 39 degrees 02 minutes 52 seconds West, a distance of 100.00 feet to a point at the Southwest corner of Lot No. 91; thence along Lot No. 91 North 50 degrees 57 minutes 08 seconds East, a distance of 100.00 feet to a point the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 120 Deerfield Road. BEING Parcel No. 13-25-0010-234 e THE LAW OFFICES OF BARBARA A. FEIN P.C. 0 T FR0T�{%_0TA't� � File No.09-15577 Barbara A. Fein, Esquire/I.D. No. 53002 Kristen D. Little, Esquire/I.D. No. 79992 2013 JUN -6 P11 2: 34 721 Dresher Road, Suite 1050 CUMBERLAND COUNTY Horsham, PA 19044 PENNSYLVANIA Phone (215) 653-7450/Fax (215) 653-7454 Email: generalinfo @lobaf.com Attorneys for Plaintiff COURT OF COMMON U.S. BANK NATIONAL ASSOCIATION, as CUMBERLAND COUNTY AS trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2, Home Equity Pass-Through Certificates, Series 2007-2, NO. 12-2736 Civil Plaintiff, V. LAWRENCE P. DIEHL and SANDRA L. DIEHL, Defendants. AFFIDAVIT UNDER PA. RCP RULE 3129 U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2, Home Equity Pass-Through Certificates, Series 2007-2, Plaintiff in the above captioned mortgage foreclosure action,sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 120 Deerfield Road, Lower Allen Township, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: Lawrence P. Diehl 120 Deerfield Road Camp Hill, PA 17044 Sandra L. Diehl 120 Deerfield Road Camp Hill, PA 17044 Lawrence and Sandra Diehl c/o .Mark K. Emery, Esquire 410 North Second Street Harrisburg, PA 17101 2. Name and address of each Defendant named in the judgment: Lawrence P. Diehl 120 Deerfield Road Camp Hill, PA 17044 Sandra L. Diehl 120 Deerfield Road Camp Hill, PA 17044 Lawrence and Sandra Diehl C/o Mark K. Emery, Esquire 410 North Second Street Harrisburg,PA 17101 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17103 Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 Bonnie K. Miller, Tax Collector 2233 Gettysburg Road Camp Hill, PA 17011 SABR Mortgage Loan 2008-1 REO Subsidiary LLC 1661 Worthington Road, #100 West Palm Beach FL 33409 4. Name and address of the last recorded holder of every mortgage of record: U.S. Bank National Association, as trustee, Plaintiff c/o Select Portfolio Servicing, Inc. 3815 South West Temple Salt Lake City, UT 84115 Mortgage Electronic Registration Systems, Inc. As nominee for Equifirst Corp. 500 Forrest Point Circle Charlotte, NC 28273 Mortgage Electronic Registration Systems, Inc. As nominee for Equifirst Corp. P.O. Box 2026 Flint MI 48501 LVNV Funding P.O Box 740281 Houston, TX 77274-0281 Resurgent Capital Services LP 15 S Main St#400 Greenville, SC 29601 Sherman Acquisition LLC Alegis Corporation 9700 Richmond Avenue Suite 160 Houston, TX 77042 PYOD LLC 625 Pilot Road, Suite 5 Las Vegas NV 89119 5. Name and address of every other person or entity which has any record lien on the property: None. 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 120 Deerfield Road Camp Hill, PA 19077 Domestic Relations Section 13 N. Hanover St P.O. Box 320 Carlisle PA 17013 PA Department of Public Welfare Bureau of Child Support Enforcement 1303 North 7th Street Harrisburg, PA 17105 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 8018 Harrisburg, PA 17110-8018 PA Department of Revenue Bureau of Compliance Sheriff Sale Section P.O. Box 218230 Harrisburg, PA 17128-1230 PA Department of Revenue Bureau of Compliance 7th Floor, Strawberry Square Harrisburg, PA 17128 The Internal Revenue Service 1000 Liberty Ave., Room '704 Pittsburgh, PA 15222 Commonwealth of Pennsylvania Department of Revenue Strawberry Square Harrisburg,PA 17128 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa:C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 4, 2013 THE LAW OFFICES OF BARBARA A. FEIN,P.C. BY: �CG� Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 t THE LAW OFFICES OF BARBARA A. FEIN,P.C. �_ �:''. 'r _ ,1=; File No.09-15577 Barbara A. Fein, Esquire/I.D. No. 53002 Kristen D. Little, Esquire/I.D. No. 79992 2013 721 Dresher Road, Suite 1050 - Horsham, PA 19044 CUMBERLAND COUNTY Phone (215) 653-7450/Fax (215) 653-7454 PE WS YLVAN1 q Email: generalinfo @lobaf.com Attorneys for Plaintiff COURT OF COMMON PLEAS U.S. BANK NATIONAL ASSOCIATION, as CUMBERLAND COUNTY trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2, Home Equity Pass-Through Certificates, Series 2007-2, NO. 12-2736 Civil Plaintiff, V. LAWRENCE P. DIEHL and SANDRA L. DIEHL, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Lawrence P. Diehl Lawrence and Sandra Diehl 120 Deerfield Road c/o Mark K. Emery, Esquire Camp Hill, PA 17044 410 North Second Street Sandra L. Diehl Harrisburg, PA 17101 120 Deerfield Road Camp Hill, PA 17044 Your house at 120 Deerfield Road,within the Lower Allen Township,Cumberland County, is scheduled to be sold by the Cumberland County Sheriffs Department on September 4, 2013, at the Cumberland County Court House, I Courthouse Square, Carlisle, Pennsylvania, to enforce the Court iudgment of$25000.00 obtained by Plaintiff. U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2, Home Equity Pass-Through Certificates, Series 2007-2, against you.. NOTICE OF OWNERS'RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this She'riff s Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments,late charges,costs and reasonable attorneys'fees due. To find out how much you must pay,you may call Jessica McVittie at (215) 653-7450. 2 You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment,if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings.You may need .----an--at,torney-t-o-assert-yo-ur-Ti-ghts-.--T-he-sooner-you-contact-one,t-he--more-ch-ance-you-wil-I have of--- stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Jessica McVittie at (215) 653-7450, or by calling the Cumberland County Sheriffs Department at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the sale bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened,you may call Jessica McVittie at(215)653-7450 orbycalling the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty(30)days. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution date. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. Lawyer Referral Service (717)249-3166 Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (800) 990-9108 w ALL THAT CERTAIN parcel known as Lot No. 92, Section T",Allendale,Lower Allen Township, County of Cumberland,State of Pennsylvania,according to a plan of Allendale for Mid State Development, Inc.,by William B. Whittock,R.P.E.dated March 31, 1978 and recorded in Plan Book 35,Page 25,more particularly bounded and - described as follows,to wit: BEGINNING at a point on the Southwestern right-of-way line ofDeerfield Road,a 50 foot right-of-way,said point being located and referenced in a Southeasterly direction along the Southwestern right-of-way line of Deerfield Road a distance of 590.67 feet from a curve with a radius of 15.00 feet and an arc length of 21.65 feet connecting the Southwestern right-of-way line of Deerfield Road with the Southern right-of-way line of Fieldstone Road,a 50 foot right-of-way;thence along the Southwestern right-of-way line of Deerfield Road South 39 degrees 02 minutes 52 seconds East,a distance of 100.00 feet to a point at the Northeast corner of Lot No. 93,thence along Lot No. 93, South 50 degrees 57 minutes 08 seconds West,a distance of 100.00 feet to a point at Sections"E" Allendale;thence along Section"E"Allendale North 39 degrees 02 minutes 52 seconds West,a distance of 100.00 feet to a point at the Southwest corner of Lot No. 91;thence along Lot No. 91 North 50 degrees 57 minutes 08 seconds East, a distance of 100.00 feet to a point the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 120 Deerfield Road. BEING Parcel No. 13-25-0010-234 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-2736 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE,ON BEHALF OF THE HOLDERS OF THE HOME EQUITY ASSET TRUST 2007-2, HOME EQUITY PASS-THROUGH CERTIFICATES,SERIES 2007-2 Plaintiff(s) From LAWRENCE P.DIEHL,AND SANDRA L.DIEHL (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $250,000.00 L.L.: $.50 Interest CALCULATED AT THE LEGAL RATE OF 6%(PER DIEM RATE OF$42.58)FROM DECEMBER 17,2012 THROUGH THE DATE ON WHICH THE PROPERTY IS SOLD AT SHERIFF'S SALE Atty's Comm: Due Prothy: $2.25 Atty Paid: $207.75 Other Costs: Plaintiff Paid: Date: 6%6/13 CZid D. Buell,P By: Deputy REQUESTING PARTY: Name:BARBARA A.FEIN,ESQUIRE Address: LAW OFFICES OF BARBARA A. FEIN 721 DRESHER ROAD,SUITE 1050 HORSHAM,PA 19044 Attorney for: PLAINTIFF Telephone: 215-653-7450 Supreme Court ID No. 53002 A THE LAW OFFICES OF BARBARA A. FEIN, P.C. File No.09-15577 Barbara A. Fein, Esquire/I.D. No. 53002 Kristen D. Little, Esquire/I.D. No. 79992 721 Dresher Road, Suite 1050 Horsham, PA 19044 Phone (215) 653-7450/Fax (215) 653-7454 Email: generalinfo @lobaf.com Attorneys for Plaintiff COURT OF COMMON PLEAS U.S. BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY as trustee, on behalf of the holders of . t the Home Equity Asset Trust 2007-2, Home Equity Pass-Through Certificates, NO. 12-2736 Civil M ?:r Series 2007-2, r-7- T, ; Plaintiff, V. S C7 :X r-.- LAWRENCE P. DIEHL --a and SANDRA L. DIEHL, Defendants. AFFIDAVIT OF SERVICE I, Theresa Carr,Paralegal to Barbara A. Fein,Esquire,Attorney for the Plaintiff,U.S.Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2, Home Equity Pass-Through Certificates, Series 2007-2,hereby certify that I have served a true and correct copy of the Notice of Sheriffs Sale of Real Property on the Defendants, Lawrence P. Diehl and Sandra L. Diehl, on June 26, 2013, by certified mail, postage pre-paid, and evidenced by the return receipt executed by the Defendant,Lawrence P.Diehl,originals of which are attached hereto. THE LAW OFFICES OF BARBARA A. FEIN,P.C. Sworn to fore me this BY: (1, day of , 2013 Theresa Carr, Paralegal to Barbara A. Fein, Esquire Attorney for Plaintiff Notary Publi cc. Cumberland Count),Sheriffs Department. English Customer Service USPS Mobile Register/Sign In USS CON p Search USPS.com or Track Packages Ouick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm GET EMAIL UPDATES; _TNT DET d5' YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE&TIME LOCATION FEATURES 70123480000238713393 Delivered June 26,2013,8:49 am CAMP MLL,PA 17011 Certified Mail- ; Nonce Left June 17,2013,4:04 pm ?CAMP HILL,PA 17011 i I Depart USPS Sort June 16,2013 HARRISBURG,PA 17107 Facility ' I Processed through June 16,2013.1:17 am 'HARRISBURG,PA 17107 - j USPS Sort Facility ' Processed through June 15,2013,8:35 am LANCASTER PA 17604 USPS Sort Facility i Depart USPS Sort June 14,2013 PHILADELPHIA,PA 19176 Facility i I Processed Through June 14,2013.9:25 pm PHILADELPHIA,PA 19176 I j USPS Sort Facility j Check on Another item What's your label(or receipt)number? 'Kind' LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy> Government Services, About USPS Home, Business Customer Gateway, Terms of Use> Buy Stamps&Shop) Newsroom, Postal Inspectors> FOIA, Print a Label with Postage Mail Service Updates> Inspector General> No FEAR Act EEO Data, Customer Service, Forms&Publications> Postal Explorer> Delivering Solutions to the Last Mile, Careers> Site Index> Copyrightm 2013 USPS.Ali Rights Reserved. COMPLETE •N COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. i nature item 4 if Restricted Delivery is desired. gent • Print your name and address on the reverse Addressee so that we can return the card to you. B. .ceived by( ed Name) ate of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery ddress different from item 1? Yes t. Article Addressed to: If el YES,enter d 13 elivvery address below: No Lawrence P. Diehl /�fff°� �/I Vv- ' 120 Deerfield.Road ttc�.c— �� /70 Camp Hill, PA 17044 3. Service Type PO:ertified Mail ❑Express Mail ---- -- --_ --- _ ❑Registered JIM eturn Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2 7012 -3460 0002 3871. 3393 JMcV Ps Form 3811, February 2004 Domestic Return Receipt 04 gss-t7 . 1 wi&T595-02•M-1540 i 1 of] English Customer Service USPS Mobile Register/Sign In "USPS.Co[W Search USPS.com or Track Packages Quick Toots nick SCcalnn Ship a Package Send Mail Manage Your Mail Shop Business SOILItioll5 Find Find USPS Loratinns . Buy Stamps til.'raCk & Confirm Ftid a ZF Cafe^° F4,li Mal chWngerr'addrl5f - - . GETEMAILUPDATES INT YOUR LABEL NUMBER SERMCE STATUS OF YOUR ITEM DATE b TIME LOCATION FEATURES 70123480000238712921 Delivered June 26.2013,8:49 am CAMP HILL,PA 17011 ;Certified Mail- Notice Left June 17,2013,4:04 pm CAMP WILL,PA 17011 Depart LISPS Sort June 16,2013 ;HARRISBURG,PA 17107 Facility Processed through June 16,2013,1:17 am HARRISBURG,PA 17107 USPS Sort Facility Processed through June 15.2013,8:35 am LANCASTER PA 17604 USPS Sort Facility Depart USPS Sort June 14,2013 -PHILADELPHIA,PA 19176 - Facility i - Processed through June 14,2013,9:25 pm PHILADELPHIA,PA 19176 LISPS Sort Facility Check on Another Item What's your label(or receipt)numbeO LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy> Government Services> About USPS Home Business Customer Gate"> Terms of Use> Buy Stamps&Shop) Newsroom, Postal Inspectors FOIA, Print a Later with Postage> Mail Service Updates> Inspector General No FEAR Act EEO Data> Customer Service, Forms&Publications Postal E)q)lorer> Delivering Solutions to the Last Mile> Careers Site Index> Copyrights 2013 LISPS.Ali Rights Reserved. COMPLETE • • DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. gent • Print your name and address on the reverse ❑Addresses so that we can return the card to you. 11iiaAeceived by(TRdated Name) ate f Delivery • Attach this card to the back of the mailpiece, , 1 or on the front if space permits. D. Is delivery aWdress different from ftem 11 A Yes 1: Article Addressed to: If YES,enter delivery address below: ❑No Sandra L. Diehl I�"�A L'/0 ve ' &L. 120 Deerfield Road HtLb Camp Hill, PA 17044 3. Service Type Certified Mail ❑Express Mail Registered etum Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2' 7012 3460 - 0002 3871- 2921 JMcy i PS Form 3811, February 2004 Domestic Return Receipt-A _ ss-77 N �sQ2595-02-M-1540; I of I _ _ U�1 v�J ' a, �o THE LAW OFFICES OF BARBARA A. FEIN, P.C. File No.09-15577 Barbara A. Fein, Esquire /I.D. No. 53002 Kristen D. Little, Esquire/I.D. No. 79992 721 Dresher Road, Suite 1050 Horsham, PA 19044 Phone (215) 653-7450/Fax (215) 653-7454 Email: generalinfo @lobaf.com Attorneys for Plaintiff COURT OF COMMON PLEAS U.S. BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2, Home Equity Pass-Through Certificates, NO. 12-2736 Civil Series 2007-2, Plaintiff, mco cam_ =M r r ' V. C:j LAWRENCE P. DIEHL _ and SANDRA L. DIEHL, c.,,> c Defendants. c a AFFIDAVIT OF SERVICE I, Jessica McVittie , Paralegal to Barbara A. Fein, Esquire, Attorney for the Plaintiff, U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2,Home Equity Pass-Through Certificates, Series 2007-2,hereby certify that I have served a true and correct copy of the Notice of Sheriffs Sale of Real Property on Mark K. Emery, Esquire, Attorney of Record for the Defendants, Lawrence P. Diehl and Sandra L. Diehl, on June 26, 2013, pursuant to Pennsylvania R.C.P.440,by certified mail,postage pre-paid,and evidenced by the return receipt executed by Christina Keim, who is an employee of the Defendant's Attorney, Mark K. Emery, Esquire, originals of which are attached hereto. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Sworn to before me this 1t"k BY: day of Judy I , 2013 Jessica McVittie, Paralegal to Barbara A. Fein, Esquire Attorney for Plaintiff C t)T�VEAt{YAF PENNSYLVANIA NOTARIAL SEAL • cc. Cumber la��d County Sheriffs Departmerri. John A.LaRue 111,Notary Public Upper Dublin Twp,Montgomery County My commission expires Marcb 31,2014 English Customer Service USPS Mobile Re glister I Sign In AZ US! S.Com, Search USPS.cont or Track Packages Quick Tools Slip a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm GET t -ATISS�j YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE&TIME LOCATION FEATURES 17011234600002387112938 Depart USPS Son June 17,2013 i HARRISBURG,PA 17107 Certified Mail- Facility Processed through June 16,2013,10:03 pm HARF4SBL1RG,PA 17107 LISPS Sort Facility I Depart USPS Sort June 14,2013 PHLA DELPHIA,PA 19176 Facility Processed through June 14,2013,9,.25 prn 1 PHILADELPHIA,PA 19176 USPS Sort Facility Check on Another item What's your label(or receipt)number? LEGAL ON USPS.COM ON ABOUTUSPS.COM OTHER LISPS SITES Pri%ecy Policy r Government Senices> About LISPS Hanes Business Customer Gateway Terms of use> Buy Stamps&Shop, Newsroom) Postal Inspectors) FOIA) Print a Label with Postage) Mail Service updates> Inspector General t W FEAR Act EEO Data, Customer Service, Forms&Publications> Postal E)plorer Delivering Solutions to the Last Mile y Careers Site Index, Copyright*2013 USPS.All Rights Reserved, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A.Ision4t Ure, item 4 if Restricted Delivery is desired. 13 Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. calved by(Printed Name) C)Date of Delivery ■ Attach this card to the back of the mailplece, -41 / 1—k_X5--/3 or on the front if space permits. (�41 .1-i5h A- eollj'aa item 1? 0 Yes D. Is delivery address different from 1. Article Addressed to: If YES,enter delivery address below:. 13 No Lawrence and Sandra .Diehl c/o Mark K. Emery., Esquire 410 North Second Street 3. Service Type Harrisburg, PA 17101 I gCertlied Mail 0 impress Mail Ma Registered getum Receipt for Merchandise 13 Insured Mail .O.D. 4 Restricted Delivery?(Extra Fee) C3 Yes 2. 7012 3460 0002 3871 2938 jmcv PS Form 3811,February 2004 Domestic Return Receipt 13645-02-M•1540 I of] J i, f 7Y.1L., iffi�� lf.i-S rte• .. THE LAW OFFICES OF BARBARA A. FEIN, P.C. '3 A1.1 12 �"6 it l O o9-IS577 Barbara A. Fein, Esquire/I.D. No. 53002 Kristen D. Little, Esquire/I.D. No. 79992 E,,'!-:-R L A N1 D C 01 N T`( 721 Dresher Road, Suite 1050 l ` oLV�+ �9 ' Horsham, PA 19044 Phone (215) 653-7450/Fax (215) 653-7454 Email: generalinfo @lobaf.com Attorneys for Plaintiff COURT OF COMMON PLEAS U.S.BANK NATIONAL ASSOCIATION, as CUMBERLAND COUNTY trustee, on behalf of the holders of the Hoire Equity Asset Trust 2007-2, Home Equity NO. 12-2736 Civil Pass-Through Certificates, Series 2007-2, Plaintiff, V. LAWRENCE P. DIEHL and SANDRA L. DIEHL, Defendants. CERTIFICATION OF NOTICES OF SALE TO LIENHOLDERS I, Jessica McVittie, Paralegal to'Barbara A. Fein, Esquire, attorney for Plaintiff, hereby certify that upon information and belief, diligent efforts have been made to identify all persons/entities having mortgages,judgments, liens,or other interest in the subject premises of the foreclosure proceeding, and that such persons/entities have been sent Notices'of Sheriffs Sale (attached hereto as Exhibit "A") and that said Notices were duly served upon them in accordance with Pennsylvania Rule of Civil Procedure Rule 3129. (Proof of mailing with a postmark date of July 30, 2013, is appended hereto and incorporated herein by reference as Exhibit "B"). I declare under penalty of perjury that the foregoing is true and correct. THE LAW OFFICES OF BARBARA A. FEIN, P.C. July 31, 2013 < BY: Jessica cVittie, Paralegal to Barbara A. Fein, Esquire Attorney for Plaintiff cc. Cumberland County Sheriffs Department. THE LAW OFFICES OF BARBARA A. FEIN, P.C. 721 Dresher Road, Suite 1050 Horsham,PA 19044 NEW JERSEY OFFICE Barbara A.Fein,Esquire Phone:(215)653-7450 Kristen D.Little,Esquire 20000 Horizon Way,Suite 900 Fax: (215)653-7454 Mount Laurel,NJ 08054-4318 Members of Pennsylvania Direct E-mail:BarbaraF@Iobafcom Phone: (856)596-5552 and New Jersey Bars Direct Phone Ext. 102 Fax: (856)596-5589 NOTICE OF CUMBERLAND COUNTY SHERIFFS SALE TO: All Parties in Interest and Claimants Improvements: Detached, Two Story, Single Family, OWNER(S): Lawrence P. Diehl Residential Dwelling Sandra L. Diehl Cumberland County PROPERTY: 120 Deerfield Road CCP No. 12-2736 Civil Lower Allen Township County of Cumberland,PA Please be advised that the above captioned property(and any improvements thereon) is scheduled to be sold by the Cumberland County Sheriffs Department on September 4, 2013, at the Cumberland County Court House, I Courthouse Square,Carlisle,Pennsylvania. This sale is scheduled pursuant to a judgment entered in the amount of $250,000.00in the Court of Common Pleas for Cumberland County. Our records indicate that you may hold a mortgage or judgment on the property which may be extinguished(removed)by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten(10)days after the filing of the schedule. You may call the You may call the Cumberland County Sheriffs Department at (717) 240-6100 for the date on which the distribution schedule will be posted. Sincerely, THE LAW OFFICES OF B ARA A. FEIN,P.C. Barbara A. Fein, Esquire Attorney for Plaintiff Dated: File No. d9-15577 EXHIBIT `A' 4 it ALL THAT CERTAIN parcel known as Lot No. 92, Section"F",Allendale,Lower Allen Township, County of Cumberland, State of Pennsylvania, according to a plan of Allendale for Mid State Development, Inc.,by William B. Whittock,R.P.E. dated March 31, 1978 and recorded in Plan Book 35,Page 25,`more particularly bounded and - described as follows,to wit: BEGINNING at a point on the Southwestern right-of-way line ofDeerfield Road, a 50 foot right-of-way,said point being located and referenced in a Southeasterly direction along the Southwestern right-of-way line of Deerfield Road a distance of 590.67 feet from a curve with a radius of 15.00 feet and an arc length of 21.65 feet connecting the Southwestern right-of-way line of Deerfield Road with the Southern right-of-way line of Fieldstone Road,a 50 foot right-of-way;thence along the Southwestern right-of-way line of Deerfield Road South 39 degrees 02 minutes 52 seconds East, a distance of 100.00 feet to a point at the Northeast comer of Lot No. 93,thence along Lot No. 93,South 50 degrees 57 minutes 08 seconds West,a distance of 100.00 feet to a point at Section"E" Allendale; thence along Section "E"Allendale North 39 degrees 02 minutes 52 seconds West, a distance of 100.00 feet to a point at the Southwest corner of Lot No. 91;thence along Lot No. 91 North 50 degrees 57 minutes 08 seconds East, a distance of 100.00 feet to a point the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 120 Deerfield Road. BEING Parcel No. 13-25-0010-234 NAME AND The Law Offices of Barbara A.Fein,P.C. Indicate type of mail Registered Check appropriate block for -JMCV 1/3 Diehl 09-15577 ADDRESS 721 Dresher Road,Suite 1050 ❑ Insured Registered Mail: Affix stamps here if issued as certificate of OF SENDER Horsham,PA 19044 ❑ C.O.D. ❑ With Postal Insurance mailing or for additional copies of this bill. ❑ Certified ❑Express Mail ❑ Without Postal Insurance POSTMARK AND DATE OF RECEIPT Line Number Name of Addressee,Street,and Postage Fee Handling Act.Value Insured Due R.R.Fee S.D.Fee S.H.Fee Rest.Def Fee of Post-Office Address Charge (If Regis.) Value Sender If Remarks Article C.O.D. I Cumberland Tax Claim Bureau .46 .44 1 Courthouse Square Carlisle, PA 17103 2 Lower Allen Township Authority .46 .44 120 Limekiln Road +� New Cumberland,PA 17070 3 Bonnie K. Miller,Tax Collector .46 .44 ?j 2233 Gettysburg Road evi- Camp Hill,PA 17011 _ 4 SABR Mortgage Loan 2008-1 .46 .44 O�SHf.� PA� REO Subsidiary LLC 1661 Worthington Road,#100 West Palm Beach FL 33409 JUL 5 Mortgage Electronic Registration .46 .44 f Systems, Inc. As nominee for Equifirst Corp. 500 Forrest Point Circle 71 co �o Charlotte,NC 28273 C' 3:a r_I 6 Mortgage Electronic Registration 46 .44 I TI r— Systems,Inc. As nominee for C,� z Equifirst Corp. R+o W Hl� P.O. Box 2026 �;o O Flint MI 48501 00 1 W O N 7 l% LVNV Funding .46 .44 1/ P.O.Box 740281 Houston,TX 77274-0281 Total Number of Pieces Total Number Of Pieces POSTMASTER,PER(Name of receiving employee) The full declaration of value is required on all domestic and international registered mail. The maximum Listed by Sender Received at Post Office indemnity payable for nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to limit of$500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise insurance is$500. The maximum indemnity payable is$25,000 for Registered Mail,$400 for COD and$400 for Insured Mail. Special handling charges apply on to Third-and Fourth-Class parcels. Special delivery service also includes special handling service. FORM MUST BE COMPLETED BY TYPEWRITER,INC OR BALL POINT PEN *U.S.Government Printing Office 1983-396-297 NAME AND The Law Offices of Barbara A.Fein,P.C. Indicate type of mail Registered Check appropriate block for JMCV 2/ 3 Diehl 09-15577 ADDRESS 721 Dresher Road,Suite 1050 ❑ Insured Registered Mail: Affix stamps here if issued as certificate of OF SENDER Horsham,PA 19044 ❑ C.O.D. ❑ With Postal Insurance mailing or for additional copies of this bill. ❑ Certified ❑Express Mail ❑ Without Postal Insurance POSTMARK AND DATE OF RECEIPT Line Number Name of Addressee,Street,and Postage Fee Handling Act. Value Insured Due Sender R.R. S.D. S.H. Rest.Def.Fee of Article Post-Office Address Charge (If Regis.) Value If C.O.D. Fee Fee Fee Remarks 1 l Resurgent Capital Services LP .46 .44 15 S Main St#400 Greenville, SC 29601 2 Sherman Acquisition LLC .46 .44 2 Alegis Corporation 9700 Richmond Avenue Suite 160 Houston,TX 77042 3 PYOD LLC .46 .44 625 Pilot Road, Suite 5 Las Vegas NV 89119 4 l Tenant/Occupant .46 .44 120 Deerfield Road ----� " Camp Hill,PA I'-1 O( � RS ;AM Pq 5 Domestic Relations Section .46 .44 ~ ' A WIN "'S`;O O UitIIT� N.Hanover St JUL J 0 2013 m w P..O. Box 320 ct v Carlisle PA 17013 XJ w V A 00 6 PA Department of Public Welfare .46 .44 Bureau of Child Support Enforcement z""� 9 c C: 1303 North 7th Street C'r-Q z Harrisburg,PA 17105 M o 7 Commonwealth of Pennsylvania .46 .44 :° 00 m Department of Public Welfare m P.O. Box 8018 Harrisburg,PA 17110-8018 Total Number of Pieces Total Number of Pieces POSTMASTER,PER(Name of receiving employee) The full declaration of value is required on all domestic and international registered mail. The maximum Listed by Sender Received at Post Office indemnity payable for nonnegotiable documents under Express Mail document reconstruction insurance is ` $50,000 per piece subject to limit of$500,000 per occurrence. The maximum indemnity payable on Express / v Mail merchandise insurance is$500. The maximum indemnity payable is$25,000 for Registered Mail,$400 17 l/ for COD and$400 for Insured Mail. Special handling charges apply on to Third-and Fourth-Class parcels. Special delivery service also includes special handling service. FORM MUST BE COMPLETED BY TYPEWRITER,INC OR BALL POINT PEN *U.S.Government Printing Office 1983-396-297 z NAME AND The Law Offices of Barbara A.Fein,P.C. Indicate type of mail Registered Check appropriate block for JMCV 3/3 Diehl 09-15577 ADDRESS 721 Dresher Road,Suite 1050 ❑ Insured Registered Mail: Affix stamps here if issued as certificate of OF SENDER Horsham,PA 19044 ❑ C.O.D. ❑ With Postal Insurance mailing or for additional copies of this bill. ❑ Certified ❑Express Mail ❑ Without Postal Insurance POSTMARK AND DATE OF RECEIPT Line Number Name of Addressee,Street,and Postage Fee Handling Act.Value Insured Due Sender R.R. S.D. S.H. Rest.Def.Fee of Article Post-Office Address Charge (If Regis.) Value If C.O.D. Fee Fee Fee Remarks 1 ` PA Department of Revenue .46 .44 l Bureau of Compliance Sheriff Sale Section P.O. Box 218230 Harrisburg,PA 17128-1230 2 PA Department of Revenue .46 .44 Bureau of Compliance 7th Floor, Strawberry Square Harrisburg,PA 17128 3 The Internal Revenue Service .46 .44 1000 Liberty Ave.,Room 704 Pittsburgh,PA 15222 4 Commonwealth of Pennsylvania .46 .44 Department of Revenue l Strawberry Square �4/ "l A Harrisburg,PA 17128 �T. 3.o 0 s UL 4 0 2013 w �� Ci(D- ,t w t CJ rn 1� N Ali 6 "_ '/` ' zl c X09 C,r-0z f7i C) 7 J•w ON Total Number of Pieces Total Number of Pieces POSTMASTER,PER(Name of receiving employee) The full declaration of value is required on all domestic and intemational registered mail. The maximum Listed by Sender Received at Post Office indemnity payable for nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to limit of$500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise insurance is$500. The maximum indemnity payable is$25,000 for Registered Mail,$400 u for COD and$400 for Insured Mail. Special handling charges apply on to Third-and Fourth-Class parcels. Special delivery service also includes special handling service. FORM MUST BE COMPLETED BY TYPEWRITER,INC OR BALL POINT PEN *U.S.Government Printing Office 1983-396-297 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Ittr tit Cumbe.j AI ;;_a;_ - .. Jody S Smith Chief Deputy `. i' — r Richard W Stewart r Solicitor QFFfCE OF THE SHERIFF it 4 i L°PENNSYLVANIA t L,i f CO fl t t fr US Bank National Association Case Number vs. 2012-2736 Lawrence P. Diehl (et al.) SHERIFF'S RETURN OF SERVICE 06/24/2013 08:20 PM - Deputy Jason Kinsler, 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 120 Deerfield Road, Lower Allen -Township, Camp Hill, PA 17011, Cumberland County. 06/24/2013 08:20 PM - Deputy Jason Kinsler, being duly sworn according to law, attempted service to the Defendant, to wit: Lawrence P. Diehl at 120 Deerfield Road, Lower Allen Township, Camp Hill, PA 17011. The address was found to be vacant. 06/24/2013 08:20 PM - Deputy Jason Kinsler, being duly sworn according to law, attempted service to the Defendant, to wit: Sandra L. Diehl at 120 Deerfield Road, Lower Allen Township, Camp Hill, PA 17011. The address was found to be vacant. 07/16/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Sandra L. Diehl, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found" at 120 Deerfield Road, Camp Hill, PA 17011 and 8 East Manor Avenue, Enola, PA 17025, both properties are vacant, did not leave a forwarding at post office. 07/16/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Lawrence P. Diehl, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 120 Deerfield Road, Camp Hill, PA 17011 and 8 East Manor Avenue, Enola, PA 17025, both properties are vacant, did not leave a forwarding at post office. 09/04/2013 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 17013, on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Barbara A. Fein on behalf of U.S. Bank National Association, as Trustee on behalf of the Holders of the Home Equity Asset Trust 2007-2, Home Equity Pass-Through Certificates, Series 2007-2, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $972.29 SO ANSWERS, 6;7 September 27, 2013 RONR ANDERSON, SHERIFF . ,<Z) a-fr Q3,24-a (c)CcuntySuite Sheriff,Telecsoft,Inc 96, c",3