The URL can be used to link to this page

Home My WebLink About12-3648POWERS, KIRN & JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 ALYK L. OFLAZIAN, ESQUIRE Id No. 312912 RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-2090 i `m t_ `D CT!'! t Y ATTORNEYS FOR PLAINTIFF BANK OF AMERICA, N.A. S/B/M COURT OF COMMON PLEAS COUNTRYWIDE BANK FSB 1800 TAPO CANYON ROAD MAIL STOP #SV-103 SIMI VALLEY, CA 93063 CIVIL DIVISION CUMBERLAND COUNTY PLAINTIFF VS RICHARD M. MCBETH JR. 93 WEST VINE STREET SHIREMANSTOWN, PA 17011-6345 DEFENDANT NOTICE NO. a :S(l q B 6-01 COMPLAINT IN MORTGAGE FORECLOSURE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 McBeth, Richard M. Jr. tbs. ' a g )v3 ?. a IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. McBeth, Richard M. Jr. POWERS, KIRN & JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 ALYK L. OFLAZIAN, ESQUIRE Id No. 312912 RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 1 IT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-2090 ATTORNEYS FOR PLAINTIFF BANK OF AMERICA, N.A. SB/M COUNTRYWIDE BANK FSB 1800 TAPO CANYON ROAD MAIL STOP #SV-103 SIMI VALLEY, CA 93063 PLAINTIFF VS RICHARD M. MCBETH JR. 93 WEST VINE STREET SHIREMANSTOWN, PA 17011-6345 DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION NO. CUMBERLAND COUNTY COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE Bank of America, N.A., s/b/m Countrywide Bank, FSB (hereinafter referred to as "Plaintiff') is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Richard M. McBeth Jr., (hereinafter referred to as "Defendant") is an adult individual residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between the Defendant and itself as Mortgagee. The Mortgage, dated June 3, 2008, was recorded on June 30, 2008 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Instrument Id. No. 200822063. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. McBeth, Richard M. Jr. 4. 5. 6 7 8 The mortgage secures the indebtedness of the note executed by the Defendant, on June 3, 2008 in the original principal amount of $101,250.00 payable to Plaintiff in monthly installments with an interest rate of 5.625%. A copy of the note is attached and made a part hereof as Exhibit `B'. The land subject to the mortgage is 93 West Vine Street, Shiremanstown, PA 17011-6345. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. Richard M. McBeth Jr. is the Record Owner of the mortgaged property located at 93 West Vine Street, Shiremanstown, PA 17011-6345. The Mortgage is now in default due to the failure of the Defendant to make payments as they became due and owing. The date of Defendants default is November 1, 2011. As a result of the default, the following amounts are due: Principal Balance $96,629.98 Interest from 10/1/2011 to 5/8/2012 $3,274.61 Accumulated Late Charges $87.42 City Tax Payment $263.33 Property Inspection Preservation $30.00 Cost of Suit and Title Search $550.00 Attorneys Fees and Costs $1,300.00 TOTAL $102,135.34 9. 10 plus interest from 5/9/2012 at $14.8509 per day, costs of suit and attorney's fees. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Pennsylvania law requires a plaintiff in mortgage foreclosure action to provide a Notice of Intention to Foreclose ("Act 6 Notice") to a defaulting residential mortgage debtor, pursuant to 41 P. S. Section 101 et seq. McBeth, Richard M. Jr. _ 11. The Act 6 Notice of Intention to Foreclose was required, and Plaintiff sent the Notice pursuant to 41 P.S. Section 101 et seq., to the Defendant by regular and certified mail on January 3, 2012. A copy of the Notice is attached and made a part hereof as Exhibit `C'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant, in the sum of $102,135.34 together with the interest from 5/9/2012 at $14.8509 per day, plus reasonable attorney's fees and costs of suit, which Plaintiff is obligated to pay for services rendered. POWERS, K)KN & JAVARDIAN, LLC BY: ?Gregory Jkvvaydian, Esquire Id. No. 55669 ?Mary F. Kennedy, Esquire Id. No. 77149 ? eghan K. Boyle, Esquire Id. No. 201661 an P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff McBeth, Richard M. Jr. EXHIBIT `A' ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA. 17013 717-240-6370 Instrument Number - 200822063 Recorded On 6I W008 At 11:34:52 AM * Instrument Type - MORTGAGE Invoice Number - 24091 User ID - AF * Mortgagor - MCBEM RICHARD M JR * Mortgagee - COUNTRYWIDE BANK FSB * Customer - US RECORDINGS *'FEES STATE WAIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $39.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $66.50 * Total Pages -19 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RLC01tDER O D J;DS rao * - Information denoted by an asterisk may change during the verification process and may not be reflected on tbis page. 1111111111111111 ? ' J w Phone: (856)810-4900 Recording Requested by & When Recorded Return To: iNG US Recordings, Inc. 2925 Country Drive Ste 201 St.,Paul, MN 55117 Parcel Number: 37-23-0557-246 Premises: 93 W VINE ST SHIREMMSTOWN PA 17011-6345 I (Space Above This Line For RecoWtog Data( -. MORTGAGE 00019315760406008 [DOC ID $#] - r ,r DOC ID #: 00019315760406008 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security instrument" means this document, which is dated JUNE 03 , 2 0 0 8 together with all Riders to this document. (B) "Borrower" is RICHARD M MCBETH JR. Borrower is the mortgagor under this Security Instrument. (G) "Lender" is COUNTRYWIDE BANK, FSB Lender Is a FED SVGS BANK organized and existing under the laws of THE UNITED STATES . Lender's address is 1199 North Fairfax St. Ste.500 Alexandria, VA 22314 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated JUNE 03, 2008 The Note states that Borrower owes lender ONE HUNDRED ONE THOUSAND TWO HUNDRED FIFTY and 00/100 Dollars (U.S. $ 101, 250. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JULY 01, 2 0 3 8 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the (F) ""Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Mortgage-PA 1005--PA(05107) Page 2 of 17 Form 3039 1101 DOC ID #: 00019315760406008 ? Adjustable Raie Rider ? Condominium Rider H Second Home Rider ? Balloon Rfder ? Planned Unit Development Rider 1.4 Family Rider El VA Rider ? Biweekly Payment Rider ED Other(s) [specify] LEGAL DESCRIPTION (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed an Borrower or the Property by a condominium association, homeowners association or similar organization. (,l) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term Includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid tinder the coverages described in Section 5) for. (1) damage to, or destruction of, the Property; (if) condemnation or other taking of all or any part of the Property; (III) conveyance in lieu of condemnation; or (tv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the Note, plus (it) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken tide to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instnunent secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the Mortgage-PA 1006--PA (05/07) Page 3 of 17 Form 3039 1101 f ? DOC ID ##: 00019315760406008 COUNTY of CUMBERLAND [type of RecmdbrgJod%Hc0onl [Name of RmordingJurisdicdonl SEE EXHIBIT."A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 93 W VINE ST, SHIREMANSTOWN istre"ityl Pennsylvania 17011-6345 ("Property Address"} : [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shalt also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property.' COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note aril any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items Mortgage-PA 1006-PA (06/07) Page 4 of 17 Form 3039 1/01 DOC ID ##: 00019315760406008 pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in US. currency, However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument Is returned to Lender unpaid Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment went to bring the Loan current, without waiver of any rights hereunder or proudice to its rights to refuse such payment or partial payments In the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unappdied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such fiords or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or In the future against Lander shall relieve Borrower from malting payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described In this Section 2, all payments accepted and applied by Lender shall be applied In the following order of priority: (a) Interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remahft amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be apples to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid In full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note Is paid In full, a sum (the "Funds") to provide for payment of amounts due for (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, If any, or any sums payable by Borrower to Lender In lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed Mortgage-PA 1008--PA (05107) Page 5 of 17 Form 3039 1101 DOC ID #I: 00019315760406008 by Borrower, and such dues, fees and assessments shall be an Escrow Item, Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be In writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrowers obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower Is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revolve the waiver as to any or all Escrow Items at any time by a notice given In accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender an Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Fluids In an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise In accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (Including Lender, If Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank, Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender can agree In writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held In escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If dm Is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage In accordance with RESPA, but In no more than 12 monthly payments. If there Is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency In accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, If any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any hen which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien In a manner acceptable to Mortgage-PA 1006--PA (05/07) Page 6 of 17 Form 3039 1101 DOC ID #: 00019315760406008 Lender, but only so long as Borrower is performing such agreement; (b) contests the lien In good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to alien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice Is given, Borrower shall satisfy the lien or take one or more of the actions set forth above In this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. s. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not lhnited to, earthquakes and flood, for which Lender requires Ins=nce. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Zmergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Insau rent. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,-upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree In writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is Mongage-PA 1006--PA (05107) Page 7 017 Form 3039 1/01 DOC ID #: 00019315760406008 not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lenders satisfaction, provided that such inspection sW be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds'. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Fender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claW4 then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or, otherwise,, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's p txApal'residence for at least one year after the date of occupancy, unless Lender otlcenwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property ff damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds fbr'the repairs and restoration in a single payment or in a series of progress payments as the work is completed If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the iruerior of the improvements on the Property. Lender shall give Borrower notice at the tirne of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender Mortgage-PA 1006--PA (05/07) Page 8 of 17 Form 3039 1/01 DOC SD #: 00019315750405008 with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enfmx*riW of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lendees Interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument, (b) ' appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position In a bankruptcy proceeding. Securing the Property includes, but is not ltnnited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, elinaInate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It Is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Leader under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fad that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of malting the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Mongege-PA 1006•-PA (05/07) Page 9017 Form 3039 1/01 DOC ID #: 00019315760406008 Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided In the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance In force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage Insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be d acterized as) a portion of Borrowees payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurees risk, or reducing losses. If such agreement provides that an aftlhiate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the Insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made In writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair Is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or Mortgage-PA 1006--PA (05107) Page 10 of 17 Form 3039 1101 DOC ID #: 00019315760406008 loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the, fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property Immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or lass in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument whether or not the sums are then due. If the Property Is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails) to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of anion in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, In Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's Intend in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's Interest in the 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 shallbe paid to Lender. All lfscellaneous Proceeds that are not applied to. restoration or repair of the Property shall be applied In the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of motion of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bminver or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be,joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer': (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security instrument; and, (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security instrument or the Note without the co-signer's consent. Mortgage-PA 1006--PA (05107) Page 11 of 17 Form 3039 1/01 DOC ID ##: 00019315760406008 Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligation under this Security Inshv mmt in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted So that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) arty sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refnnd.reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Leander in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice addrless if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another Address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable law requirement will satisfy the corresponding requirement under this Security Instrument. M Governing Law; SeverabiIIty; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicttng provision. Mortgage-PA 1006--PA (05/07) Page 12 of 17 Form 3039 1/01 DOC ID #: 00019315760406008 As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender,, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives We discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest In the Property, Including, but not limited to, those beneficial interests transferred In a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property Is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall net be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is given in accordance with Section 15 within which Borrower trust pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might spec* for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as If no acc eletaiion had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrumew, and (d) takes such action as Lender may reasonably require to assure that Lenders interest in the Property and rights under this Securky Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fiilly effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to. Borrower, A sale might result in a change In the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. if there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of Mortgage-PA 1006-PA (06107) Page 13 of 17 Form 3039 1101 DOC ID #: 000193155760406008 servicing. If the Note Is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given In compliance with the requirements of Section lb) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action pmvistons of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutant, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive mterials; (b) "Env'ironmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" Includes any response action, remedial action, or removal action, as defined In Environmental Law: and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Enviromnental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or In the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private parry, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration Mortgage-PA 1006--PA (05107) Page 14 of 17 Form 3039 1/01 DOC ID #: 00019315760406008 under Section IS unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the defaultas specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall farther inform Borrower of the right to reinstate after acceleration and the right to astort in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, bender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect an expenses incurred in pursuing the remedies provided in this Section 22, Including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums mired by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. Mortgage-PA 1006--PA (05107) Page 15 of 17 Force 3039 1101 DOC ID #: 00019315760406008 27. Interest Rate After Judgment Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. (Sea)) -Borrower (Seal) -Borrower Mortgage-PA 1006--PA (05107) Page 16 of 17 Form 3039 1101 (Seal) Borrower DOC ID #: 00019315760406008 COMMONWEALTH OF PENNSYLVANIA, &-.10f4teb d`•A County ss: On this, the ? day of CM 4 ?-. before me, the undersigned officer, personally appeared known to me (or satisfactorily proveh) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Q'A4 2)7fZ0 iZ Fim UAM R 10 KM ow "ft WA MW 0000 bn moss ion V. 2010 X, {?A'f'rl .r ., fiQ n!!En• the correct address of the within-named Witness my hand this Title of Officer day certify that This is to certify thst this document was prepared by a kY - d- Agent of Mortgagee a44?/wo?er 7"eo? l1Jo?osa k k?A9eJo+4 Mortgage-PA 1006-PA (05107) Page 17 of 17 Form 3039 1/01 > , 3 l ' LEGAL DESCRIPTION EXHIBIT A ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF SHIREMANSTOWN, COUNTY OF CUNWRLAND, AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT AT THE NORTHWEST CORNER OF LOT 5F ON THE PLAN OF TOTS HERB t4AFTER MENTIONED, WHICH POINT IS ALSO ON THE DIVIDING LINE BETWEEN LOTS 5E AND 5F ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE, NORTH SEVENTY-EIGHT (78) DEGREES THIRTY-FOUR (34) MINUTES EAST, SIXTY-TWO AND SEVENTEEN HUNDREDTHS (62.17) FEET TO A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND CERTAIN COMMON AREAS SHOWN ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING IJNE, SOUTH ELEVEN (11) DEGREES TWENTY-SIX (26) MINUTES EAST, EIGHTEEN AND THIRTY HUNDREDTHS (18.30) FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS 5F AND 50 ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE, SOUTH SEVENTY-EIGHT (78)DEGREES THIRTY-FOUR (34) MINUTES WEST, SIXTYTWO AND SEVENTEEN HUNDREDTHS (62.17) FEET TO A POINT AT THE DIVIDING LIMB BETWEEN THE WITHIN DESCRIBED LOT AND CERTAIN COMMON AREAS SHOWN ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE, NORTH SEVBNMEN (17) DEGREES TWENTY-SIX (26) MINUTES WEST, EIGHTEEN AND THIRTY HUNDREDTHS (18.30) FEET TO A POINT ON THE NORTHWEST CORNER OF LOT 5F, SAID POINT MARKING THE PLACE OF BEGINNING. BEING LOT 5F ON THE PLAN OF SECTION 2 OF SHMEMAN GARDENS, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 26, AT PAGE 142. TAX ID #: 37-23-0557-246 BEING ALL AND THE SAME LANDS AND PREMISES CONVEYED TO RICHARD M. MCBETH RL BY KATHY L. LACIER AND ANDREW D. MCWILLIAMS, CO-EXECUTORS OF THE LAST WILL AND TESTAMENT OF A. DOROTHEA MCWILLIAMS, DECEASED IN A FIDUCIARY DEED EXECUTED 7/3/2006 AND RECORDED 7/24/2006 IN BOOK 275, PAGE 4012 OF THE CUMBERLAND COUNTY, PENNSYLVANIA LAND RECORDS. iIll lli U45893414--01OP lE MRTGABE US Recordings 1K EXHIBIT `B' prepared by. AGNES L. LUMPKIN JUNE 03, 2008 IDete) NOTE SHIREMANSTOWN Icityl PENNSYLVANIA ISratel 93 W VINE ST, SHIREMANSTOWN, PA 17011-6345 [Properly Addrml 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $101, 250.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is COUNTRXNIDE BANK, FSB I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who Is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.625 96. The interest rate required by this Section 2 is the rate I will pay both before and after any default described In Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the FIRST day of each month beginning on AUGUST 01, 2008 I will make these payments every month until I have paid all of the principal pnd interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of Its scheduled due date and will be applied to interest before Principal If on JULY 01, 2038 , I still owe amounts under this Note, I will pay those amounts In full on that date, which Is called the "Maturity Date." I will make n monthly payments at P.O. Bar 660694, Da an, Tx 75266-0694 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $582.85 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the anmunt of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes In the due date or in the amount of my monthly payment unless the Note Holder agrees In writing to those changes. 5. LOAN CHARGES If a law. which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected In connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted Ilmit: and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Cfor Overdue Payments If the Note Holder not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it Is due. I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 °,o of my overdue payment of principal and Interest, I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. MULTISTATE FIXED RATE NOTE-Single Family-FarmTe Mae/Freddie Mac UNIFORM INSTRUMENT 0 (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even If. at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time, (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately In full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering It or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by malting It by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person, is fully and personally obligated to keep all of the promises made in this Note. Including the promise to pay the full amount owed. Any person who Is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations. Including the obligations of a guarantor, surety or endorser of this Note. Is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person Individually or against all of us together. This means that any one of us may be required to pay 311 of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in somejurisdictlons. 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 some date as this Note. protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment In full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower Is not a natural perm and a beneficial interest In Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment In full of all sums secured by this Security Instrument. However. this option shall not be exercised by Lender If such exercise is prohibited by Applicable Law. If bender exercises this option, Lender shall give Borrower notice of acceleration. The notice shalt provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) ic»n c ax. , -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] Fixed Rate Note 200SN-XX (03/07) Page 2 or 2 Form 3200 1101 EXHIBIT `C' BankofAmerica i?tle Loans P.O. B0042073 Sing Vaeey, CA 93094-1286 Richard M McBeth 93 W Vine St Shiremanstown, PA 17011-6345 Send Payments to P.O. Box 15222 Klb"ton, DE 199865222 January 3, 2012 Certiffed Mail: 7196 9006 9295 6694 4583 Return Receipt Reauested Regular Mail Property Address: 93 W Vine St Shiremanstown, PA 17011-6345 Current Servicer: Bank of America, N.A. NOTICE OF INTENT TO FORECLOSE MORTGAGE Este as un aviso importante respacto a su derecho de ocuper su case. Favor de traducirio de inmedlato. (This is an important notice concerning your right to live in your home. Have it translated at once.) Our records Indicate that you transferred all or a part of your interest In the above referenced property and/or allowed your mortgage loan to be assumed; however, you were not released from contractual liability for the loan. Therefore, you are still contractually responsible for repayment of this debt. We regret to advise you that this loan Is In default, and we are prepared to initiate foreclosure proceedings. The following letter was sent to the current owner of the property. The MORTGAGE held by Freddie Mac (hereinafter we, us or ours) on your property located at 93 W Vine St Shiremanstown, PA 17011-8345 IS IN SERIOUS DEFAULT because you have not made the monthly payments for the months of., Monthly Charges: 11/0112011 12/0112011 $771.17 $1,887.74 Late charges and other charges have also accrued to this date in the amount of $58.28 Late Charges: 11/01/2011 $5828 Other Charges: Uncollected Late Charges: $0,00 Uncollected Costs: $0.00 Partial Payment Balance: 1? TOTAL DUE: $2,497.19 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 $2.497.19. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $2,497. 19, plus any addlgonai monthly payments and late charge which may fag due during this period. Such payment must be made either by cash, cashler's check, certlfled check or money order, and made at Bank of America, N.A. at P.O. Box 15222, MnImington, DE 19886-5222. If you do not cure the default within THIRTY (30) DAYS, we intend to exerrlse our tight to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage In monthly installments. If full payment of the amount of default is not made within THIRTY (30)'DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage Is foreclosed your mortgaged property wN be sold by the Sherfff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, If legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty (30) day period, you will not be required to pay attorney's fees. This communication Is from Bank of Amelice. NA, the servicer of ykwrhome loan. F%Mwdk ymr excel nuabee m al d=b a'd CWesPW dews. V& may dwWyma Im lolupto540D0ibr mrypsymentmbrmda mjmbdbyy"Onardel IndANM subled b epperabIshW. aLI445 eAPA1 UM leaasmt Payment berbruwtlons: 19315/804-3 ccount Number Udm yev dm&payeue to 8s* d . Richard M McBeth Balance Due forchxWs fisted above: $2,497.19 as of January 3, 2DI2. Amsim NA 93 W Vine St • DlnlPleasereirdude nd conxuponwlhycur Shlremanstovm, PA 17011-6345 PZ7 BLOPAt For al Iva mmih pyment perbda. AdINOrW s '11if "IrI.11-11-TI1II"' 111??'??1??'??1j'1????""??111 Essow d IIA emir. AAcmdnpy.Meredb o l Bank of America, N.A. f er imospecm , blar the sdWw ber of drys In use nrnh t7rU PO BOX 15222 lay Forpedial *i his" is calaAod Wilmington, DE 19886-5222 logy m ur bade c1 s 3l5dayyaa. 1-888-872-6514 1931576043000002497190DO249719 t: 58 69 900 58r: l9 3 l 5 760 bile We may also sue you personally for the, unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the safe at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale [and perform any other requirements under the mortgage]. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately stx (5) months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment wig be by calling us at the following number. 1-MB-8724514. 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 and your ownership of the mortgaged property and your right to remain In ft. If you continue to live In the property after the Sheriffs sale, a lawsuit could be started to evict you. ,ie You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE. [AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the defarrlt, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times In any calendar year. Bank of America. N.A, the servicer of your home loan, is required by law to inform you that this communication is from a debt collector. This communication is from Bank d America, NA, the servicer of your hone loan. How we post your psymerds: AN accepted payments at principal and interest will be applied to the bngest mftWdtkg InstaYrwq its, unless of erwiss expressly prdiftd or Ibndap by law. H you submft an amount in addition to ydre seheduted nnnddy amount, we will apply your payments as fblkm: (r) b cuLSWrdng narrdey payments of principal and ibmK (d) escrow dehciwrciss, (a) fete charges and other amounts you on b rnrnecden wft h your ban and (iv) w reduce titq outstertdatg pdndpst balance or your ban. Plasse specify I you want an addidonal amount applied to kWm payrnenu. rather than principal reduction. Postdated checks: Postdated chador will be processed on the date received unless a loan counaebr agrees b harm the data wfflm on the check as a oomftn of a repayrnent plan. Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your income and expense information available so we can discuss which option(s) could work for you. Options to consider if your goal is to stay in your home A Home A federal government program that allows you to repay the loan on newly agreed upon terms, which Affordable may include lowering the interest rate, placing past due amounts at the end of the loan, and/or Modification extending the term of the loan. You may be eligible for this program if you meet the following Program requirements: (RAMP) • The home is your primary residence and you currently live in it. • The amount you owe on the first mortgage is equal to or less than $729,750 for a single-family home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or $1,403,400 for a 4 unit property • You have experienced a hardship that has impacted your income. For example, a significant increase in your mortgage payment OR reduction in your income OR other hardship. • Your mortgage was obtained before Jan. 1, 2009. • Your payment on your first mortgage Including principal, interest, taxes, Insurance and homeowner's association dues, if applicable) is more than 31% of your currant gross income. To calculate this, divide your first mortgage payment by your gross income (income before taxes). Loan If you can bring your loan payments up to date, we will accept the funds needed to bring the loan up Reinstatement to dale until the day of your foreclosure sale. Repayment A temporary agreement which allows for the repayment of the unpaid, past due amount along with Plan regular mortgage payments. This may include principal, interest, fees, and/or cosis assessed to your loan. Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments for a Forbearance period of time, to allow you to re-establish your ability to make the required payments. Agreement Loan Repay the loan on newly agreed upon terms, which may include lowering the interest rate, placing Modification amounts past due at the and of the loan, and/or extending the term of the loan. (non-RAMP) Partial Claim If you have a Federal Housing Administration (FHA) loan and your payments are past due but you (FHA loans are now able to make your regular monthly mortgage payment, this program is designed to bring your Only) loan up to date by creating a second mortgageilien on your property for the amount that is past due. Options to consider if you cannot or do not wish to stay in your home Home Designed to help borrowers who are eligible for the Home Affordable Modification Program (HAMP!) Affordable but were unsuccessful in securing a permanent modification through the program. HAFA provides the Foreclosure option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A short sale is a transaction Alternatives in which you sell your property for less than the total amount owed on the loan (subject to agreement Program by your servicerllenderlnvestor), resulting in the release of our Hen on your home and avoidance of (HAFA) foreclosure. A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfer ownership of your property to us in order to avoid foreclosure. Short Sale/ Offered to borrowers who are not eligible for HAMP or other home retention alternatives. With a short Preforeclosure sale, you sell your property for less than the total amount owed on the loan (subject to agreement by Sale your servicerAenderlinvestor), resulting in the release of our lien on your home and avoidance of (non-HAFA) foreclosure. Deed In Lieu of Offered to borrowers not eligible for HAMP or other home retention ailernatives, and who were not Foreclosure able to sell the property through a short sale. With a deed in lieu of foreclosure, you agree to (non•HAFA) voluntarily transfer ownership of your property to us in order to avoid foreclosure. We are here to help you. Please call us today. 7196 9006 9295 6894 4583 Hay Opciones Disponibles Para Ayudarle a s , Evitar is Ejecucion Hipotecaria Llame al n6mero que aparece en la notificaci6n adjunta para obtener mss informaci6n Cuando [lame, tongs [a informaci6n de sus ingresos y gastos disponibles pare quo podamos discutir cual opel6n(es) pueden funcionar pars usted. Options a considerar si au objetivo es permanecer an su casa Home Affordable Un programs del gobterno federal que le permite pagar at pr6stamo bajo [as nuevos 16rrdnos Modification ecordades, que pueden incluir Is reducci6n de Is tasa de inter6s, agregando Is cardidad adeudada program (HAMP) at final del pr6stamo, y to extender of plaza del pr6stamo. Usted puede ser elegible pars este programs si cumple con los siguientes requisitos: • La casa as su residencia principal y actualmente vive an ella. • La cantidad adeudada en Is primers hipoleca debe ser igual o mends que $729,75D d6lares pars una vivienda unifamiliar, $934,200 d6lares pars una propiedad de 2 unidades, $1,129,250 d6lares pare una propiedad de 3 unidades o $1,403,400 pars una propiedad de 4 unidedes • Ha experimentedo una dificutted que he afectado sus ingresos. Par ejemplo, un aumento significativo an su pago hipotecario O reducci6n de sus ingresos U otras dificullades. • Obtuvo su hipoteca antes del 01 de enero 2009. • Su pago de Is primers Npoteca (incluyendo principal, inter6s, impuestos, seguro y cuotas de asociacibn de propietarios, si se aplica) dabs ser mds del 31 % de sus ingresos brulos actuates. Para calcular esto, divide su pago hipotecario par sus ingresos brutos (ingresos antes de impuestOS). Restablecim[ento Si usted puede traer sus pagos del pr6stamo hipotecario at die, se to aceptardn los fondos del Pr6stamo necessrios pars qua at pr6stamo este of dia pasta Is fecha de Is venta judicial. Plan de Pago Un acuerdo temporal que permits at pago de Is cantidad adeudada, canidad del pago atrasado junto con los pagos regulares de is hipoteca. Esto puede incluir principal, inter6s, honorarios y/o costos aplicados a su pr6stamo. Acuerdo Un acuerdo par of coal nos comprometemos a no proceder con Is ejecuei6n hipotecaria y/o Temporal de colecci6n de pagos par un perfodo de tiempo, pare permitide qua restablezca su habilidad de Tolerancla hater los pagos requeddos. Modificaet6n de Pager at pr6stamo bajo los nuevos t6rminos acordedos, que puede Induir Is reduccibn de Is tars Pr6stamo de inter6s, agregando Is confided adeudada at final del pr6stamo, y/o extender el plaza del (no par media pr6stamo. de HAMP) ial Si usted tiene un pr6stamo de la Administraci6n Federal de Vivienda (FHA) y sus pagos est6n E vencidos, pero shore puede hacer sus pagos regulares mensuales de la hipoteca, ests programa la est6 diseilado pare que su pr6stamo este at dia mediante la creaci6n de una segunda hipoteca A) gravamen sabre su propiedad par Is canfidad adeudada. Options a considerar si no puede o no desea quedarse en su casa Home gal Ill. Dise6ado papa ayudar a los prestatartos que son elegibles pars of Programs de Home Affordable Affordable Modification (HAMP), pero no tuvieron 6x1to en obtener una modificaci6n permanente a trav6s del Foreclosure programs. HAFA ofrece Is posibilidad de una vents corta y, si no tiene 6xito, una entrega de Alternatives escritura pare evitarjuicio hipotecario. Una vents corta es una transacci6n an Is qua usted vende su Program propiedad par menos de la cantided adeudada an el pr6stamo (sujeto a previo acuerdo de su (HAFA) administrador / prestamista / inversionista), resullando en Is liberaci6n de nuestro derecho de retenci6n sabre su propiedad y evitar Is ejecuei6n hipotecaria. Una entrega de escritura pare eviler juicio hipotecario es una transacci6n en Is qua usted estd de acuerdo de transferir voluntariamente las escdturas de su propiedad a nosotros con el fin de evitar Is ejecuei6n hipotecaria. Yenta Carta/ Se ofrece a los prestatarios que no son elegibles para HAMP u Was alternatives de retenci6n de Vents antes de hogar. Con una vents corta, usted vende su propiedad por menos de Is cantided total adeudada en Ejecucion at pr6stamo (sujeto a un acuerdo por su administrador / prestamista / inversionista), resultando an Is Hipotecaria (no liberacibn de nuestro derecho de retenci6n sobre su propiedad y evitando Is ejecuei6n hipotecaria. par media de HAFA) Entrega de Se ofrece a los prestatariios que no son elegibles pars HAMP u otras alternativas de retenci6n de Escritura Para hogar, y que no pudieron vender Is propiedad a trav6s de una vents corta. Con una entrega de Ev'rtar Juic[o escritura pare evitarjuicio hipotecario, usted esth de acuerdo a transferir voluntariamente las Hipotecario escrituras de su propiedad a nosotros pare eviter Is ejecucl6n hipotecaria. (no par media de HAFA) Estamos aqui para ayudarle. Por favor 116 menos boy. r I , VERIFICATION hereby states thati0she is ['SSis?+}r i Vre of Bank of America, N.A., s/b/m Countrywide Bank FSB (the plaintiff in this matter, tha(h-eYshe is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of is er knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: 11\0-k ,'a t eJ)z. Name: yt? :t???< Siu Title: BANK OF AMERICA N.A McBeth, Richard M. Jr. POWERS, KIRN & JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 ALYK L. OFLAZIAN, ESQUIRE Id No. 312912 RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-2090 Iv i^o {1,,??t 4?Y1d'.t il ?; I3 'LAIN!D COiJL1TY FENNSYL.VANI ATTORNEYS FOR PLAINTIFF BANK OF AMERICA, N.A. S/B/M COURT OF COMMON PLEAS COUNTRYWIDE BANK FSB 1800 TAPO CANYON ROAD MAIL STOP #SV-103 SIMI VALLEY, CA 93063 PLAINTIFF VS RICHARD M. MCBETH JR. 93 WEST VINE STREET SHIREMANSTOWN, PA 17011-6345 DEFENDANT CIVIL DIVISION CUMBERLAND COUNTY NO. 102.3 (04S NJ L. I COMPLAINT IN MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with 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 lawyer 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 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative you must promptly meet with that legal representative 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 prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto 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 representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer you and your lawyer must take the following steps to be eligible for a conciliation conference. 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 resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty 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 m with a representative 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 SAVE YOUR HOME YOU MUS CT QUIC Y AND TAKE THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. XA "go r k. cz, Date ectfully submitted, ? regory y Javardian, Esquire Id. No. 55669 ? Mary F. Kennedy, Esquire Id. No. 77149 ? eghan K. Boyle, Esquire Id. No. 201661 Sean P. Mays, Esquire Id. No. 307518 ?Alyk L. Oflazian, Esquire Id. No. 312912 ?Richard J. Nalbandian, III, Esquire Id. No. 312653 Attorneys for Plaintiff McBeth, Richard M. Jr. w Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court 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 following information to the best of your knowledge CUSTOMER/ PRIMARY APPLICANT Borrower name(s): Property Address: City: Is the property for sale? Yes ? No ? Realtor Name Realtor Phone State: Zip:_ Price: $ Borrower Occupied? Yes ? No ? Mailing Address (if different) City Phone Numbers: Home: Other: Email: Number of people in household _ CO-BORROWER Mailing Address: City: State Phone Numbers: Office: Cell: Email: Number of people in household _ FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number Second Mortgage Lender: Type of Loan Loan Number Total Mortgage Payments Amount: $ Insurance:$ Date of Last Payment: Primary Reason for default: State Listing date: Zip: Office: Cell: How long: Zip: Home: Other: How long: Date You Closed Your Loan: Included Taxes McBeth, Richard M. Jr. w Is the loan in Bankruptcy? Yes ? Nor-1 If yes provide names, location of court, case number & attorney Assets Amount 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 (automobiles boats motorcycles Model) Model: Year: Amount owed $: Value: $_ McBeth, Richard M. Jr. 2. 3. Additional Income Description (not wages): 1. monthly amount $ 2. monthly amount $ MONTHLY INCOME Name of Employers 1. Borrower Pay Days: Co-Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd Mortgage $ Utilities $ Car Payment(s) $ Condo/Neigh. Fees $ Auto Insurance $ Med not covered $ Auto fuel/repairs $ Other prop payment $ Install Loan Payment $ Cable TV $ Child Support/Alimony $ Spending Money $ Day/Child Care Tuition $ Other Expenses $ Amount Available for Monthly Mortgage Payments Based on Income Expenses: Phone Office: Fax: 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 delinquency Yes ? No ? Have you been working with a Housing Counseling Agency? Yes ? No ? If yes please provide the following information Counseling Agency: Counselor: McBeth, Richard M. Jr. If yes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact (Name) Phone Servicing Company (Name) Contact: Phone, AUTHORIZATION 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 am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date McBeth, Richard M. Jr. Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T-EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian, Esquire 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (tel) 215-942-9690 (fax) 215-942-9695 Attention: Megan O'Brien (tel) 215-942-9690 ext. 1313 meaan(a) i avardianlaw. com McBeth, Richard M. Jr. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,'Owov of £umb? t b n ? t'}` Y . OFFICEOF 7HE$?-ERIFF 2 1 AM' 81: 'PPSYl..V;.iA Bank of America, NA vs. Richard M. McBeth, Jr. Case Number 2012-3648 SHERIFF'S RETURN OF SERVICE 06/18/2012 03:52 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2012 at 1552 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Richard M. McBeth, Jr., by making known unto Grace High, adult in charge at 93 W. Vine Street, Shiremanstown, 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: $43.00 June 19, 2012 RYAN BURGETT, DE SO ANSWERS, 6z xooa----- RON R ANDERSON, SHERIFF (c) CountySuite Shenff. Teleasoft. Inc. M Zm G -- c Anthony T. McBeth, Esq 407 North Front Street, First Floor Harrisburg, PA 17101 ` (717) 238-3686 `? , atmlaw1@verizon.net --? Attorney for Defendant f 4C BANK OF AMERICA, N.A., S/B/M : IN THE COURT OF COMMON PLEAS OF COUNTRYWIDE BANK FSB, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 12-3648 CIVIL RICHARD M. MCBETH, JR., : MORTGAGE FORECLOSURE Defendant NOTICE TO PLEAD TO: Bank of America, N.A. c/o Sean P. Mays, Esquire Powers, Kim, Javardian, LLC Attorneys for Plaintiff 1310 Industrial Boulevard #101 Southampton, PA 18966 You are hereby notified to plead to the Answer and New Matter raised herein withi twenty (20) days of service of the attached pleading upon you, or judgment may be ente against you. moony T. I&BeIV, sq. Attorney for Defen a t 407 North Front St., first Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 BANK OF AMERICA, N.A., S/B/M : IN THE COURT OF COMMON PLEAS OF COUNTRYWIDE BANK FSB, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 12-3648 CIVIL RICHARD M. MCBETH, JR., : MORTGAGE FORECLOSURE Defendant DEFENDANT'S ANSWER WITH NEW MATTER 1. Admitted. 2. Admitted. 3. It is admitted that Plaintiff brings this action. Defendant is unsure of the instrumen number and denies that portion of the averment. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied part. It is admitted that payments were not made. T remainder of the averment is denied as a conclusion of law to which no response required. 8. Denied. After reasonable investigation, Defendant lacks information necessary verify some of the amounts listed. If material, strict proof thereof is demanded. 9. Denied. This averment is a conclusion of law to which no response is required. 10. Admitted. 11. Admitted. WHEREFORE, in part for the reasons set forth in New Matter, Defendant reque this Honorable Court to enter judgment in his favor and against Plaintiff, dismiss Plainti s I . Complaint, tax the costs of this action against Plaintiff and provide any other relief the deems appropriate. NEW MATTER 12. The responses set forth above are incorporated herein by reference. 13. Defendant believes and therefore avers that the calculation in paragraph 8 is not correct and that, even if it is correct, several of the charges are unreasonable unconscionable and unenforceable under Pennsylvania law. 14. Plaintiff's Complaint fails to state a claim upon which relief can be granted in that Plaintiff has not pleaded the circumstances of its entitlement to any relief; specifically, thi mortgage that Plaintiff attaches to its Complaint lists Countrywide Bank FSB as the mortgagee, and Plaintiff details no assignment (certainly not an assignment of record whereby Plaintiff becomes entitled to any relief against this Defendant. WHEREFORE, in part for the reasons set forth in New Matter, Defendant req this Honorable Court to enter judgment in his favor and against Plaintiff, dismiss Plaintiff Complaint, tax the costs of this action against Plaintiff and provide any other relief the Cou deems appropriate. a-- D Al fhony T. McBet , sq. ?- Attorney for Defe dan 407 North Front Fi t Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 3 VERIFICATION I, Richard M. McBeth, Jr., Defendant in the forth in the attached document are true and information and belief. I so state subject to the to unsworn falsification to authorities). JULY 6, 2012 Date BANK OF AMERICA, N.A., S/B/M COUNTRYWIDE BANK FSB, Plaintiff V. RICHARD M. MCBETH, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3648 CIVIL MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Defendant, hereby certify that I have served the attached document by placing same in the United States mail, first class, postage pre-pai addressed as follows: Sean P. Mays, Esquire Powers, Kirn, Javardian, LLC Attorneys for Plaintiff 1310 Industrial Boulevard #101 Southampton, PA 18966 o. -)Q r r- qDt 6 ATitnony . me Attorney for De 407 North Front Harrisburg, PA (717) 238-3686 Supreme Court Esq. irst Floor 17101 D. # 53729 POWERS, KIRN, & JAVARDIAN, LLC F'TH?,CF J .tGREGORY JAVARDIAN, ESQUIRE Id. No. 55669 212 JUL 20 Pty 1: 50 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 COUNT` CUMBERLAND SEAN P. MAYS, ESQUIRE Id No. 307518 pENNSYLVANI A RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 1St FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 ATTORNEYS FOR PLAINTIFF (215) 942-9690 BANK OF AMERICA, N.A., S/B/M COURT OF COMMON PLEAS COUNTRYWIDE BANK FSB PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY RICHARD M. MCBETH, JR, NO. 12-3648 CIVIL TERM DEFENDANT PLAINTIFF'S REPLY TO DEFENDANT RICHARD M. MCBETH. JR.'S NEW MATTER Paragraphs 1 through 11 of the Complaint are incorporated herein as if more fully set forth. 12. Denied. The allegations contained in paragraph twelve (12) are denied as conclusions of law to which no response is required. 13. Denied. The allegations contained in paragraph thirteen (13) of the defendant's New Matter are denied as conclusions of law to which no response is required. By way of further response, all interest, late charges, advances, costs and fees have been properly assessed. The attorney's fees and cost of suit listed in the Complaint are reasonable and in compliance with Pennsylvania law under 41 P. S. § 406. 14. Denied. The allegations contained in paragraph fourteen (14) of the defendant's New Matter are denied as conclusions of law to which no response is required. By way of further response, after a merger between corporations, title to all real estate or any interest therein vests in the surviving corporation without the need for further action and without reverting or being impaired in any way by reason of the merger; therefore, assignment of a mortgage to a predecessor by virtue of acquisition of the predecessor's assets obviates the need for further action on the part of the acquiring corporation, with regard to title to those assets. 15 Pa.C.S. §1929(b). After Bank of America, N.A.'s, acquisition of Countrywide Bank FSB, title to the subject Mortgage, vested in Bank of America, N.A., the acquiring corporation. As a result, Bank of America, N.A., stands in the place of Countrywide Bank FSB, without the need for further action and without reversion or impairment to that title. WHEREFORE, Plaintiff prays for judgment in its favor and against Defendant. DATED: BY: ?Gregory Javardian, Esquire Id. No. 55669 ?Mary F. Kennedy, Esquire Id. No. 77149 ?Meghan K. Boyle, Esquire Id. No. 201661 ? Sin P. Mays, Esquire Id. No. 307518 chard J. Nalbandian, III, Esquire Id. No. 31 Attorneys for Plaintiff POWERS, KIRN, & JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 1st FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEYS FOR PLAINTIFF BANK OF AMERICA, N.A., S/B/M COURT OF COMMON PLEAS COUNTRYWIDE BANK FSB PLAINTIFF VS. RICHARD M. MCBETH, JR., DEFENDANT CIVIL DIVISION CUMBERLAND COUNTY NO. 07-6228 CIVIL TERM CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiff's Reply to Defendant's New Matter was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Anthony T. McBeth, Esq. 407 North Front Street, First Floor Harrisburg, PA 17101 Attorney for Defendant Richard M. McBeth, Jr. DATED: ?-/ f - 2- a 1 Z- BY: ?Gregory Javardian, Esquire Id. No. 55669 ? Mary F. Kennedy, Esquire Id. No. 77149 ? Meghan K. Boyle, Esquire Id. No. 201661 ? Span P. Mays, Esquire Id. No. 307518 MCchard J. Nalbandian, III, Esquire Id. No. Attorneys for Plaintiff 3U '653