The URL can be used to link to this page

Home My WebLink About12-4443IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CIVIL DIVISION MM C_ _ CITIGROUP MORTGAGE LOAN TRUST, INC., lzo L41q OivifN P r MORTGAGE PASS THROUGH CERTIFICATES, SERIES NO.: ?3' _ --? -? C 2006-WF2, o -o ©-x TYPE OF PLEADING Plaintiff, pC_- VS. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D. Castillo; FILED ON BEHALF OF: Defendants. TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 Stateview Blvd.. MAC # X7801-013. Ft. Mill. SC 29715 AND THE DEFENDANT: 2798 Ritner Highway Carlisle, PA 17015-9428 CER I HE THE LOCATION OF BY THIS LIEN IS FOR ATTY FILE No.: XCP 167958 US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2 COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 Ashleigh Levy Marin, Esquire Pa I.D. #306799 Ralph M. Salvia, Esquire Pa I.D. #202946 Jaime R. Ackerman, Esquire Pa I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office( a?zuckerizoldbere.com File No.: XCP- 167958/pl s ao 6 Io 3 75fj aK? a4ggY8? a-7s1 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for Citigroup CIVIL DIVISION Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2 NO.: Plaintiff, VS. Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D. Castillo; Defendant(s). NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for Citigroup CIVIL DIVISION Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2 NO.: Plaintiff, vs. Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D. Castillo; Defendant(s). AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua Iquier otra reclamacion o remedio solicitado por el demandante, puede ser dictado en contra suva por la Corte. Usted puede perder dinero o propiedades u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO O NO PUEDE PAGAR LINO, LLAME O VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for Citigroup CIVIL DIVISION Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2 NO.: Plaintiff, VS. Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D. Castillo; Defendant(s). CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2, (hereinafter "plaintiff") through its servicing agent WELLS FARGO BANK, N.A. located at 3476 Stateview Blvd., MAC # X7801-013, Ft. Mill, SC 29715. 2. Defendant, Macaria Castillo deceased date of death 09/03/2011. 3. Defendant, Marilyn C. Proctor a/k/a Marilyn Proctor, is an individual whose last known address is 2798 Ritner Highway, Carlisle, PA 17015-9428. 4. Defendant, Marylou D. Castillo, is an individual whose last known address is 5141 College Gardens Court, San Diego, CA 92115-1105. 5. On or about January 6, 2006, Macaria Castillo by her Attorney-in-Fact Marilyn Proctor executed a Note in favor of Wells Fargo Bank, N.A. in the original principal amount of $62,910.00. 6. On or about January 6, 2006, as security for payment of the aforesaid Note, Macaria Castillo, unmarried, by her Attorney-in-Fact Marilyn Proctor made, executed and delivered to Wells Fargo Bank, N.A. a Mortgage in the original principal amount of $62,910.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 9, 2006, in Mortgage Book Volume 1936, Page 4540. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 7. The Mortgage was assigned by Wells Fargo Bank, N.A. to US Bank National Association as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2, pursuant to an assignment of mortgage dated April 23, 2012 and recorded on April 26, 2012 in the Office of the Recorder of Deeds for Cumberland County, Instrument #201212197. 8. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest being contractually due for the March 2012 payment, and pursuant to the terms of the aforesaid Mortgage, after written notice of said default to Defendant(s), the entire principal balance and accrued interest due thereunder has been accelerated. 9. Defendants Macaria Castillo, Marilyn C. Proctor and Marylou D. Castillo, adult individuals, all as joint tenants with right of survivorship, are the record owners of the aforesaid mortgaged premises. Upon the death of Macaria Castillo who died on 09/03/2011, all decedent's right, title and interest in the aforesaid mortgaged premises is vested to Marilyn C. Proctor a/k/a Marilyn Proctor and Marylou D. Castillo by operation of law as surviving tenant by the entirety. 10. On April 16, 2012, Defendant(s) were mailed a Notice of Intention to Foreclose Mortgage, in compliance with Act 6 of 1974, 41 P.S. §101, et seq. 11. The amount due and owing Plaintiff by Defendant(s) is as follows: Principal $58,729.34 Interest through 06/27/2012 $2,019.59 Escrow Balance ($162.35) Late Charges $72.57 Inspection Fees $45.00 BPO/Appraisal Fee $285.00 Total $60,989.15 plus interest on the principal sum ($58,729.34) at the daily per diem amount of $13.68, and all other additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff, including but not limited to, late charges, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums to the above amount due and owning when incurred. 12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $60,989.15, with interest thereon at daily per diem amount of $13.68 plus additional late charges, and costs (including additional escrow advances), addi Kattorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Dated: ?1 (-?') 19- ZUCKE BY: Scott A. Di 'tterick, Esquire; PA I.D. #55650 Kimberl A Bonner, Esquire; PA I.D. #89705 Joel A. A rman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP-167958/pl 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908)233-8500;(908)233-1390 FAX Email: Office@zuckergoldberg.com AN, THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A Prepared by: LAURA ANDERSON WELLS FARGO BANK, N.A. 4041 ESSEN LANE #300 BATON ROUGE, LA 70809- Return To: WELLS FARGO BANK N.A. FINAL DOCUMENTS 8999 1000 BLUE GENTIAN ROAD EAGAN. MN 55121-1663 Premises: 162 E PENN STREET CARLISLE, PA 17013 Parcel Number: J 69 SpA.-e Above This Line For Rocordin(l Data MORTGAGE - - DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3. 11. 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document. which is dated JANUARY 6, 2006 together with- all Riders to this document. (B) "Borrower" is MACARIA CASTILLO. UNMARRIED Borrower is the mortgagor under this Security Instrument. (C) "Lender" is WELLS FARGO BANK, N.A. Lender is a National Association organized and existing under the laws of THE UNITED STATES OF AMERICA PENNSYLVANIA- Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT FORM 3039 1101 F'a9c 1 pr 18 InMals: SPA01A Hav 06:0`15 ? 11 J? 0K 1 OOG 'u" !,540 Lender's address is P. 0. BOX 5137, DES MOINES, IA 50306-5137 Lender is the mortgagee under this Security Instrument. (D) "Note " means the promissory note signed by Borrower and dated JANUARY 6, 2006 The Note states that Borrower owes Lender SIXTY-TWO THOUSAND NINE HUNDRED TEN AND NO/100 Dollars (U. S. S ......ti2,9,10.00 .............) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JANUARY 1, 2036 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note. plus interest, any prepayment charges and late charges due under the Note, and all sums due tinder this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Hider [? Planned Unit Development Rider ® 1-4 Family Rider VA Rider ? Biweekly Payment Rider a] Other(s) [specify] Prepayment Rider (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. (1) "Community Association Dues. Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft. or similar paper instrument, which is initiated through an electronic, terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation. settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to. or destruction of. the Property: (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation: or (iv) misrepresentations of. or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on. the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note. plus (ii) any amounts under Section 3 of this Security Instrument. S('n02 now 1z%11ru0 Page 2 ,r ig 1niri3; 0" L FORM 3039 1/01 ml') t v ' (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (ii) the performance of Borrower's convenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of CUMBERLAND [Type or Recording Jurisdiction] [.Mime of ?eccrding Jurisdict:or, LEGAL DESCRIPTION IS ATTACHED HERETO AS SCHEDULE "A" AND MADE A PART HEREOF. THIS IS A PURCHASE MONEY MORTGAGE. which currently has the address of 162 E PENN STREET [Street] CARLISLE [City], Pennsylvania 17013 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements: appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." SP A!)3 Nr.v ; I;,i3:uu Pu•)e :; A 1+1 Inthals C FORM 3039 1101 1~ 1 93 3!6-:'?.1?.;c51r e) BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest. Escrow Items. Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on. the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However. if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency; instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier. such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2, Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Nole; (b) principal due under the Note, (c) amounts due tinder Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges. second to any other amounts due under this Security Instrument, and then to reduce the principal SNAU•1 Hw 1111)3 (1tl P,t ji• d of lb 1161w h': ?Y\C FORM 3039 1101 j A I-) SK 1 93Z) ,20`: X43 balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge, If more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due, Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date. or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for; (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or, encumbrance on the Property, (b) leasehold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section 5- and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues. Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument. as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the SPAo4 Ilev t 1011 0U Pa.IQ , ..d 1.4 wliah': N? L FORM 3039 1/01 M r' 9K 1 93G{'U" I- 15 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 tinder 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 there is a shortage of Funds held in escrow: as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA. but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items. Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded: or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given. Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. bNArni Rnv 1cvn5:uu f d_pe .:r l t h iii ils.Y,? FORM 3039 1101 Ni 9K 193??u'45 5 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible 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 Emergency Management Agency in connection with the review of any food zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage. at Lender's option and Borrower's expense. Lender is under no obligation to Purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property. or the contents of the Property, against any risk. hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear, interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee andlor 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 l)y Lender, shall be applied to restoration or repair of the Property. if the restoration or repair is economically feasible and Lender's security is not lessened During such repair and restoration period; Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has beer. completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration SPnb? Hev 1U205 Iii) P.r lr 7 of IF, Initi,,k . IY 1 L FORM 3039 1/01 !V1 e 9 -) 1e tl ,^ M V I I? V V L in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due: with the excess, if any. paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property. insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amorlnts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy; establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control, 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Properly only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause. Lender may inspect the interior of the improvements on the sPAuA Nav in A d 1.9 In ti;ds; I. `?.. FORM 3039 1101 9 K 1 93'S 'P -J- 1:.547 Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8, Borrower's Loan Application. Borrower shall be in default if, during the Loan application process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to. representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy. probate. for condemnation or forfeiture. for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Properly, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument: (b) appearing in court: and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes. but is not limited to. entering the Property to make repairs, change locks, replace or board up doors and windows. drain water from pipes, eliminate building or other code violations or dangerous conditions, and have i.ttilities turned on or off. Although Lender may take action under this Section 9. Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate 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 SIlAU Rev 11 11 nu na to st of t6 FARM 3039 1101 substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact the 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 designed payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designed payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time. and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer. any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance: in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures.. to request and obtain SPA !(I R"V 11 1,l ini f': y4 to FORM 3039 1/01 8K I 9jbIU?4,J49 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 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 partiai taking, destruction; or loss in value is less than the amount of the sums secured immediately before the partial taking. destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower. or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, 1'Y\G SPAti kev 11 01 nn I'a?p: 11 r,.l t± 11.0i0s'_ FORM 3039 1101 8K 19 J, 5 0 whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and. if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material 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 Properly are hereby assigned and shall be paid to Lender, All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including. without limitation. Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13, Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, 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. Subject to the provision of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14, Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the SrA 12 Rev 1 1/03NU I a,yv 12 u1 1L1 111,11:d S h? L FORM 3039 1101 DIti9') r r, ' ? 51 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 a 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) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be 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 conflicting provision. 5P n is r+-.v IV0,Uu raga i .-< 1 1.9 Inili'd s: r? <L FORM 3039 1/01 BK 1 93G?'6" 1 ,?! S( As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa: and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument, 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 not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred: (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order: (c) certified check: bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer, Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However. this right to reinstate shall not apply in the case of SIIA14 Ruv 11rP,.;U0 f ,i,1e 1.1 ?,1 18 Ini!1,11s: FORM 3039 1/01 H 19 3GFG, `,553 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 or servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline; kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health. safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action. as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environment 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 Properly. 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 9PA15 Hev 1(1-05 an Va.)v 15 •t '0 Ini::aL.:_ ty1C FORM 3039 1101 t1--\ P BKI93r x:554 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 mantenance 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 reguiatory 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 party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further Inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified. Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22. including. but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence. Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted tinder 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. 101A16 H,mv 1i) W; uu P;iga N 0 18 I11il!A1%!-hA(- FORM 3039 1101 IT\ P SKI 93J1'`-.D55 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it Witnesses: SNAP Hev 1212PWO p:+gN I! r,1 19 ;j (Seal) MACARIA CASTI LO Borrower By Her Attorney-In-Fact Marilyn Proctor ?ndiars r?l FORM 3039 1101 9;? 1936PG';1-56 Certificate of Residence 1. ,?U?_ /? the correct address of the within-named Mortgagee is P. O. BOX 5137, DES MOINES, IA 50306-5137 Witness my hand this 6TH day of JANUARY, 2006 t , do hereby certify that Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the 6TH day of JANUARY. 2006 before me, the undersigned officer, personally appeared MACARIA CASTILLO, UNMARRIED By Her Attorney-In-Fact Marilyn Proctor known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, My Commission Expires: ' otary rland County [Amil AL public March 4, 20 07 Tinc of officer SPA16 Hev 12:27 041 Inlti•tlti'_?t?h Nue 1n vl 1; FORM 3039 1/01 BK 1 9?G ???, 557 First American Title Insurance Company Commitment Number- > SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN property located in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, and bounded and described as follows: On the North by East Penn Street; on the East by lot now or formerly of John Peters' heirs; on the South by an alley; and on the West by Lot of Ethel M. Hockenberry and formerly of the deceased Vnaldre D. Hockenberry. CONTAINING 20 feet in front on East Penn Street and extending 118 feet, more or less, to the aforesaid alley. HAVING THEREON ERECTED a 2 story frame house known and numbered as 162 East Penn Street, Carlisle, Pennsylvania. BEING THE SAME premises which Edward J. Stum, 11 and Lisa M. Houtz, by Deed dated May 23, 2003 and recorded June 3, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 257 Page 2241, granted and conveyed unto Edward L. Stum, 11 and Lisa M. Stum, Husband and Wife, Grantors herein. ALTA Commitment Schedule C (05818/05818/25) K193?1-ro 558 VERIFICATION Geeta Sheth, hereby states that ?e/she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that Ye/she 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 h/s/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Geeta Sheth DATE: ?S41 0 2 ? 2vl 2 . Title: Vice President Loan Documentation 032-PA-V3 Zucker, Goldberg & Ackerman, LLC XCP-167958 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2 Plaintiff, VS. Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D. Castillo; Defendant(s). CIVIL DIVISION NO.:, rn m_ U? ! ?3 t ?. M NOTICE OF RESIDENTIAL 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) 243-9400 extension 2510 or (800) 822-5288 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 (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. Zucker, Goldberg & Ackerman, LLC XCP-167958 IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. TIDS PROGRAM IS FREE. ZUCKER, GOLDBERG & ACKERMAN, LLC By: Dated: July , 2012 Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP-167958/jab 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XCP-167958 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: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: State: Zip: Yes ? No ? Listing date: Price: $ Realtor Phone: Yes ? No ? State: Zip: Home: Office: Cell: Other: How long? State: Zip: Home: _ Office: Cell: Other: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: _ Loan Number: Second Mortgage Lender: Type of Loan: _ Loan Number: Total Mortgage Payments Amount: Date of Last Payment: Primary Reason for Default: Included Taxes & Insurance: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Date you closed your loan: Zucker, Goldberg & Ackerman, LLC XCP-167958 Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Automobile #1: Amount owed: Automobile #2: Amount owed: Amount Owed: Value: Model: Year: Model: Value: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. Monthly amount: 2. Monthly amount: 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/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Fax: Year: Zucker, Goldberg & Ackerman, LLC XCP-167958 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 ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's 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 I/we am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: V Proof of Income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) V Listing agreement (if property is currently on the market) Zucker, Goldberg & Ackerman, LLC XCP-167958 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for Citigroup CIVIL DIVISION Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2 NO.: Plaintiff, vs. Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D. Castillo; Defendant(s). REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 1. Defendant lives in the subject real property, which is defendant's primary residence; 2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Signature of Defendant Date Date Zucker, Goldberg & Ackerman, LLC XCP-167958 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for Citigroup CIVIL DIVISION Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2 NO.: Plaintiff, vs. Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D. Castillo; Defendant(s). CASE MANAGEMENT ORDER AND NOW, this day of ,20 ,the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in Cumberland County Courthouse, Carlisle, Pennsylvania. at the 1. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 2. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Zucker, Goldberg & Ackerman, LLC XCP-167958 Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 3. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 4. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, Zucker, Goldberg & Ackerman, LLC XCP-167958 3 IN THE COURT OF COMMON PLEAS OF CU ...,. J MBERLAND COUNTY, PENNSYLVAIVd'A`', ^' = ._. , 1 , _ ~,~ LJI~~i 'r ~~ ~ a US BANK NATIONAL ASSOCIATION, AS TP;USTEE FOR CIVIL DIVISION ~- = ~~=~ _ CITIGROUP MORTGAGE LOAN TRUST, INC., ~.~, :~~-, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES NO.: 12-4443 CI\/IL -°- `~~' ~' -- 2006-WF2 _ ~ - ~_ , _ ; TYPE OF PLEADING - ~~ Plaintiff, vs. AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO Pa.R.C.P., 404 Marilyn C. Proctor a/k/a Marilyn Proctor;. Marylou D. Castillo; FILED ON BEHALF OF: Defendants. US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-W F2 Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Joel A. Ackerman, Esquire- PA I.D. #202729 Ashleigh Levy Marin, Esquire-PA I.D. #306799 Ralph M. Salvia, Esquire- PA I.D.. #202946 Jaime R. Ackerman, Esquire- PP, I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, N.1 07092 (908) 233-8500 (908) 233-1390 FAX officeCc~zuckereoldberE.corri Fila_ No.: XCP- 167958/jab Tucker, Goldber{; ~~ Rckerman, LLC XCP-167358 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for Citigroup CIVIL DIVISION Mortgage' Loan Trust, Inc., Mortgage Puss-Through Certificates, Series 2006-WF2 NO..: 12-4443 CIVIL Plaintiff, vs. Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D. Castilla; Defendant(s). AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT PURSUANT TO Pa.R.C.P 404 I, Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Joel Ackerman, Esquire, Ashleigh Levy Mar'n, Esquire, Ralph M. Salvia, Esquire, Jaime R. Ackerman, Esquire, attorney for Plaintiff, US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass=Through Certificates, Series 2006-WF2, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff"s Complaint in Mortgage Foreclosure on Defendant pursuant to Pa. R.C. P. 404 as folPows: 1. Defendants, Marcaria Castillo, Marilyn C. Proctor and Marylou D. Castilla7, adult individuals; all as joint tenants with right of survivorship are the record owners of the real property. 2. On or about July 28, 2012, the counsel for Plaintiff served Defendants, Marcaria Castillo, Marilyn C. Proctor and Marylou D. Castillo, adult individuals, all as joint tenants with right of survivorship, with true and correct copies of PlaintifYs Complaint in Mortgage Foreclosure„ via Certified Mail, Return Receipt Requested and Firsi: Class U.S. Mail, Postage Pre-paid to 5141 COLLEGE GARDENS CT, SAN DIEGO CA 92115-1105. A true and correct copy of said Certified Mail Receipts and Return Receipts is marked Exhibit "A", attached hereto and made a part hereof. L.ucker, Goldberg & Ackerman, I_LC XCP-167~i58 Plaintiiff's counsel hereby certifies that Defendants, Marcaria Castillo, Marilyn C. Proctor and Marylou D. Castillo, adult individuals, all as joint tenants with right of survivorship, were served w th Plaintiff's Complaint in Mortgage Foreclosure in accordance with Rule of Civil Procedure ~t04; regarding service outside the Commonwealth. Respectfully Submitted: ZUCKER, GOLDBERG & AQAI~AN, LLC By: Scott /~ Dietterick, Esquire; Pa. I.D. #55650 Kimberly A. Bonner, Esquire; Pa. I.D. #89705 Joel A. Ackerman, Esquire; Pa LD. #202729 Ashleigh Levy Marin, Esquire; Pa I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jairne R. Ackerman, Esquire; PA I.D. #311032 ~=~ 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 {908) 233-8500; ('908) 233-1390 FAX office@zuckergoldberg.com Sworn to and subscribed before m is ~=day of _~,4 ~~~ ~` , 2012. Nota blic ..~ MY COMMISSION EXPIRES: EC~WAR Com~r~ission #H`383239 Norrry Pot,~;~ State of New Jersey MY `~ -gym,mission Expires i~arc_~ZD14 ~'_ucker, Go(dberf; ~ Ackerman, LLC 7CCP-167558 EXHIBIT a ~_ucker, Goldberk & Ackerman, i~~C XC~-1675)58 _ _-,--- ,,1 ~ ~.._..... ~, - 1 ',.~''~, ~ "'fl V 0 l ~ +I - II ~' ~ j ; ~ i .+ ' a DU'~ ~ Z ~~ ~. v ~ X 7 ~ ~ rv a ~• - 1 T U n - ~ r- ~ ~ ~ nR ~ ~C~~ c .~. ~p ~F ~. - ~. .~~ s~ -..~ . tr+ ..n .~ .a 0 0 tr' a ru v- tr+ N C] 0' ~ ~ W 1 Q r RJ N Dino -, n~,>>yw Y'nn°' ;. ~ o c~ ~- ~ ~~ ~ --~ ~ 0 1 J\ T /~~ +n ai N (~ N 7 O W .-. O~ ~ u. . ~ I a a ~e ~ t> ~ ro ~a 7~NI <.~ ~ U) (4 '7. 1} 1~ :4 i4 17 1~ .~ ID 0 Yt -~_~ , 'n €~ ~_ 'q.~ ~~ ~ .. ~ ~ ~ ~' .,.0 ~~ ~ o ..~ .~ CJ ~~ ~"' ~ ='- "~ ~~ ~~ ; _ a ~ ' w= n- ~- - 4 --1 "'O N ~ ~. ~ ~} Q ~ .:~ ~ ~ ~ ~ Y~ ~. ~ ~~ Q~ a ~ ~ _ ~ ~ .:.. ~ ~Q `` ~ ~ ~Q 0 ~ ~~ ~ ~ ~ _ ~ ~~ r r c7 s ~F f -~ ~r ~/ f =-1 ;;v .; a i r: ~ •.'~'` c.! a~ ~y ~, t~ f j77 Y ~ 1 `` ~,7 ~~ ~y ~ "" m r J' .~~ ?~ . ~~~. i a W Y ~ ~~ ~ ~ c d o f ~ s i ~} .... (~ ~ ~ ,. .. ._ ,~-~--- Qffsciai USP; I I i (n tJt ~ Z 'A; .~ d C-) o C an r' t7 Q G' N yrn.-. co ~} ~. N } -' a7 C7 ~" m p G7 ~~ ~~ .~ r 0 O Q' .D fV br w 0 o^ ~ use QN1 A. G] .~ ~ Q, n ~ ~_~ ~ ~ ~). ~ ~ Q ~ .;~~ Q ~ ~ ni m `m f) o 7 S N G7 1• ~~ a. "A c"i a ~ _ • ~ n~ .n J Y! ---i, 1~ t:D '. !~ i ', cD ;~ ~~ C ~ ~ ~ ~ ~ ~ 0' ~ ~~ ~ o °~ - Q. ~... ~ ~ ~ f1J ! ...a ~ ~ _ ~ "~~ ~ r u d ~ ~ ~- ... ~ ~ t ~ ~ ^ ..O ~ ~ ~, y _ fA m _~'A1 yyy2 N a ~3 3 ~_ C T ~ d yy ,,c.~~7. Gn W v nm 3 ~S ~~ ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~4u~,tp ~t ~uwbr~.r~~~ C? ~` R: ,~,. ,~~ ~.~ ¢FFi~E ~ ~ '€~£ Sr;~FtIFF :_ ~_,a"ue it, L~~E2 AEG 2 { ~ l0~~ 2? ~~JM~RL~;t~~D Ct~~ ~.~,,+, ~'EP~NSYL`JA~ti US Bank National Association vs. Marylou D. Castillo (et al.) _ Case Numb 2012-4443 SHERIFF'S RETURN OF SERVICE 08/08/2012 01:33 PM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 8, 2012 at 1333 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Marilyn C. Proctor, by making known unto James Proctor, Husband of Marilyn C. Proctor at 2798 Ri#ner Highway, Carlisle, Cumberland County, Pennsylvania 17013 its cont nt and at the same time handing to him personally the said true and correct copy of the same. Request f r service at 162 E. Penn Street, Carlisle, Pennsylvania 17013 is vacant. DEPUTY 08/09/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent se. and inquiry for the within named defendant to wit: Marylou D. Castillo, but was unable to locate her in bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Marylou D. Castillo. Request for service at 162 E. Penn Street, Carlisle, Pennsylvania 170' was attempted and the residence is vacant. Request for service at 2798 Ritner Highway, Carlisle, Pennsylvania 17015 the Defendant was not found. James Proctor, Defendants Brother in Law advise Deputies, Marylou D. Castillo currently resides at 5141 College Gardens Court, San Diego, California 92115. SHERIFF COST: $61.00 SO ANSWERS, August 09, 2012 RON R ANDERSON, SHERIFF jc; countySuite Sheriff, Teieosoft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION File No. 12-4443 CIVIL US Bank National Association,as Trustee for Citigroup Amount Due $62,172.97 Mortgage Loan Trust,Inc.,Mortgage Pass-Through Certificates,Series 2006-WF2, Interest from 09/20/2012 to date of sale $4,883.76 1' Plaintiff, vs. Costs n , Marilyn C.Proctor a/k/a Marilyn Proctor;Marylou D. co tv C'= Castillo; <C; *°-- X" '. *'C) r Defendants. 2. TO THE PROTHONOTARY OF THE SAID COURT: ' J The undersigned hereby certifies that the below does not arise out of a retail installment sale,contract of account based on a confession of judgment,but if it does,it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs upon the following described property of the defendant(s): See Exhibit"A"attached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County,for debt,interest and costs,as above,directing attachment against the above-named garnishees)for the following property(if real estate,supply six copies of the description; supply four copies of lengthy personality list): and all other property of the defendant(s)in the possession,custody or control of the said gamishee(s). (Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s) described in the attached exhibit. _ } DATE: G Signature: t 0 Print Name: Scott A.Meddick,Esquire Kimberly A.Bonner,Esquire /� Joel Ackerman,Esquire a5� lJ� Ashleigh Levy Marin,Esquire ! Ralph M. Salvia,Esquire Do Jaime R.Ackerman,Esquire 10 �� Address: Zucker,Goldberg&Ackerman, LLC 200 Sheffield Street,Suite 101 Mountainside,NJ 07092 Attorney for: Plaintiff 1 Telephone: 908-233-8500 r OL Supreme Court ID No.: 55650 J J 89705 202729 -202946 (,L 311032 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY LOCATED IN THE FIRST WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA,AND BOUNDED AND DESCRIBED AS FOLLOWS: ON THE NORTH BY EAST PENN STREET; ON THE EAST BY LOT NOW OR FORMERLY OF JOHN PETERS'HEIRS; ON THE SOUTH BY AN ALLEY; AND ON THE WEST BY LOT OF ETHEL M. HOCKENBERRY AND FORMERLY OF THE DECEASED VNALDRA D. HOCKENBERRY. CONTAINING 20 FEET IN FRONT ON EAST PENN STREET AND EXTENDING 118 FEET,MORE OR LESS, TO THE AFORESAID ALLEY. HAVING THEREON ERECTED A TWO STORY FRAME HOUSE KNOWN AND NUMBERED AS 162 EAST PENN STREET, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH MACARIA CASTILLO, SINGLE INDIVIDUAL, BY DEED DATED AUGUST 21, 2006 AND RECORDED AUGUST 24, 2006 IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA, IN DEED BOOK VOLUME 276,PAGE 1511, GRANTED AND CONVEYED UNTO MARCARIA CASTILLO, MARILYN C. PROCTOR AND MARYLOU D. CASTILLO, ADULT INDIVIDUALS, ALL AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. TAX MAP NO.: 02-21-0318-042. Zucker,Goldberg&Ackerman,LLC XCP-167958 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association,as Trustee for CIVIL DIVISION Citigroup Mortgage Loan Trust,Inc.,Mortgage Pass-Through Certificates, Series 2006-WF2, NO.: 12-4443 CIVIL Plaintiff, Execution No.: VS. Marilyn C. Proctor a/k/a Marilyn Proctor; < >C--) Marylou D. Castillo; :;_1 C) Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2,Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 162 East Penn Street, Carlisle, PA 17013. 1. Name and Address of Owner(s)or Reputed Owner(s): MARCARIA CASTILLO, MARILYN C. PROCTOR AND MARYLOU D. CASTILLO, ADULT INDIVIDUALS, ALL AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP 2798 Ritner Highway Carlisle,PA 17015-9428 AND 5141 College Gardens Court San Diego, CA 92115-1105 2. Name and Address of Defendant(s)in the Judgment: MARILYN C. PROCTOR A/K/A MARILYN PROCTOR 2798 Ritner Highway Carlisle, PA 17015-9428 MARYLOU D. CASTILLO 5141 College Gardens Court San Diego, CA 92115-1105 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, INC.,MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-WF2 Plaintiff 4. Name and Address of the last record holder of every mortgage of record: US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, INC.,MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-WF2 Plaintiff WELLS FARGO BANK,N.A. P.O. Box 5137 Des Moines, IA 50306-5137 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 Zucker Gof&� rr,&Ackerman,LLC XCII-167058 UNKNOWN TENANT OR TENANTS 162 East Penn Street Carlisle, PA 17013 UNKNOWN SPOUSE 2798 Ritner Highway Carlisle, PA 17015-9428 AND 5141 College Gardens Court San Diego, CA 92115-1105 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. ZUCKER GOLDBERG&ACKERMAN, LLC Dated: l l ( '\3 BY: Scott A. Diett 'ck, Esquire, PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh Levy Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 File No.: XCP-167958 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com Tucker.Goldberg.&Ackerman,I_L(;' \('f'-1 67958 0 Exhibit,'X , LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY LOCATED IN THE FIRST WARD OF THE BOROUGH OF CARLISLE,CUMBERLAND COUNTY,PENNSYLVANIA,AND BOUNDED AND DESCRIBED AS FOLLOWS: ON THE NORTH BY EAST PENN STREET; ON THE EAST BY LOT NOW OR FORMERLY OF JOHN PETERS'HEIRS; ON THE SOUTH BY AN ALLEY;AND ON THE WEST BY LOT OF ETHEL M. HOCKENBERRY AND FORMERLY OF THE DECEASED VNALDRA D. HOCKENBERRY. CONTAINING 20 FEET IN FRONT ON EAST PENN STREET AND EXTENDING 118 FEET,MORE OR LESS, TO THE AFORESAID ALLEY. HAVING THEREON ERECTED A TWO STORY FRAME HOUSE KNOWN AND NUMBERED AS 162 EAST PENN STREET,CARLISLE,PA, 17013. BEING THE SAME PREMISES WHICH MACARIA CASTILLO, SINGLE INDIVIDUAL, BY DEED DATED AUGUST 21, 2006 AND RECORDED AUGUST 24,2006 IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA, IN DEED BOOK.VOLUME 276, PAGE 1511,GRANTED AND CONVEYED UNTO MARCARIA CASTILLO, MARILYN C.PROCTOR AND MARYLOU D. CASTILLO,ADULT INDIVIDUALS, ALL AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. TAX MAP NO.: 02-21-0318-042. Zucker,Goldberg&Ackerman,LLC XCP-167958 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, N PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2 NO.: 12-4443 CIVIL --z _ `� C,, .r_CD „ - - Plaintiff, � = r ^ VS. Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D. Castillo; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Marilyn C. Proctor a/k/a Marilyn Proctor 2798 Ritner Highway Carlisle, PA 17015-9428 AND 162 East Penn Street Carlisle, PA, 17013 AND 5141 College Gardens Ct San Diego, CA 92115-1105 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 9/4/2013 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 162 East Penn Street, Carlisle,PA, 17013 Zucker,Goldberg&Ackerman, LLC XCP-167958 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-4443 CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D. Castillo A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty(30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle,PA 17013 Phone(800) 990-9108 (717)249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker,Goldberg&Ackerman,LLC XCP-167958 • 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG &ACKERMAN, LLC Dated: 3 t �' BY: Scott A. Di eric , Esquire, PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh Levy Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 File No.: XCP-167958 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker,Goldberg&Ackerman, LLC XCP-167958 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY LOCATED IN THE FIRST WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, AND BOUNDED AND DESCRIBED AS FOLLOWS: ON THE NORTH BY EAST PENN STREET; ON THE EAST BY LOT NOW OR FORMERLY OF JOHN PETERS'HEIRS; ON THE SOUTH BY AN ALLEY; AND ON THE WEST BY LOT OF ETHEL M. HOCKENBERRY AND FORMERLY OF THE DECEASED VNALDRA D. HOCKENBERRY. CONTAINING 20 FEET IN FRONT ON EAST PENN STREET AND EXTENDING 118 FEET, MORE OR LESS, TO THE AFORESAID ALLEY. HAVING THEREON ERECTED A TWO STORY FRAME HOUSE KNOWN AND NUMBERED AS 162 EAST PENN STREET, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH MACARIA CASTILLO, SINGLE INDIVIDUAL, BY DEED DATED AUGUST 21, 2006 AND RECORDED AUGUST 24, 2006 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 276, PAGE 1511, GRANTED AND CONVEYED UNTO MARCARIA CASTILLO, MARILYN C. PROCTOR AND MARYLOU D. CASTILLO, ADULT INDIVIDUALS, ALL AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. TAX MAP NO.: 02-21-0318-042. Zucker,Goldberg&Ackerman,LLC XCP-167958 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4443 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST,INC.,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006-WF2 Plaintiff(s) From MARILYN C.PROCTOR A/K/A MARILYN PROCTOR;MARYLOU D.CASTTLLO I (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEES)as follows: and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $62,172.97 L.L.: $.50 Interest FROM 9/20/2012 TO DATE OF SALE-$4,883.76 Atty's Comm: Due Prothy:$2.25 Atty Paid: $209.75 Other Costs: Plaintiff Paid: Date: 3121113 David D.Buell,Prothono (Sea)) By: Deputy REQUESTING PARTY: Name: ASHLEIGH LEVY MARIN,ESQUIRE Address: ZUCKER,GOLDBERG&ACKERMAN,LLC 200 SHEFFIELD STREET,SUITE 101 MOUNTAINSIDE,NJ 07092 Attorney for: PLAINTIFF Telephone:908-233-8500 Supreme Court ID No.306799 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates,Series 2006-WF2, NO.: 12-4443 CIVIL Plaintiff, TYPE OF PLEADING vs. Pa. R.C.P. RULE 3129.2(C)AFFIDAVIT OF SERVICE Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou OF DEFENDANT/OWNER AND D. Castillo; OTHER PARTIES OF INTEREST Defendants. FILED ON BEHALF OF: US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass- Through Certificates, Series 2006-WF2 COUNSEL OF RECORD FOR THIS PARTY: ZUCKER,GOLDBERG &ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D.#55650 Kimberly A. Bonner, Esquire- PA I.D.#89705 Joel A.Ackerman, Esquire- PA I.D.#202729 Ashleigh L. Marin, Esquire- PA I.D.#306799 Ralph M. Salvia, Esquire- PA I.D. #202946 Jaime R.Ackerman, Esquire- PA I.D.#311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 Q1-`' (908) 233-1390 FAX can s-- t) officePzuckergoldberg.com -- _' CO File No XCP- 167958/dsc `-' -0 ry Zucker, Goldberg&Ackerman, LLC XCP-167958 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for • CIVIL DIVISION Citigroup Mortgage Loan Trust, Inc., Mortgage . • Pass Through Certificates, Series 2006-WF2 • NO.: 12-4443 CIVIL Plaintiff, vs. • • • Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D. Castillo; Defendants. Pa.R.C.P. RULE 3129(c)AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Daniel Schlesinger, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendants, Marcaria Castillo, Marilyn C. Proctor and Marylou D. Castillo, adult individuals, all as joint tenants with right of survivorship, are the record owners of the real property. 2. On or about May 25, 2013, Defendants Marilyn C. Proctor and Marylou D. Castillo were served with Plaintiff's Notice of Sheriff's Sale of Real Property Pursuant to Pa. R.C.P. 3129, via Certified Mail, return receipt requested at the address of 2798 Ritner Highway, Carlisle, PA 17015. True and correct copy of said Notices and Proofs of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about July 28, 2013, Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit"B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Zucker, Goldberg&Ackerman, LLC XCP-167958 Interest were served with Plaintiffs Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER, GOLDBERG &ACKERMAN, LLC Attorneys for Plaintiff Dated: August "4° , 2013 '- ■ — DANIEL SCHLESINGER Paralegal/Legal Assistant Sworn to and s •scribed sefore me this day of August, 2013 No : Public MY COMMISSION EXPI' • SHEREZA DEONARINE Notary Public of New Jersey ID#2407261 My Commission Expires 4/12/2018 Zucker, Goldberg&Ackerman, LLC XCP-167958 4oel f‘t. „,,. „ EXHIBIT A Zucker, Goldberg&Ackerman, LLC XCP-167958 Oc co• 0 Q m m0- Z O po o D ▪ 5 r r C) N XI CO Er 1■1111■11111111=■11•11110 33 o- - mZQ- o�__EMIESEEESIME Din 0- _ ru _ O�∎∎ ° N� do O N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association,as Trustee for CIVIL DIVISION Citigroup Mortgage Loan Trust, Inc., Mortgage . Pass-Through Certificates, Series 2006-WF2 NO.: 12-4443 CIVIL Plaintiff, vs. Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D. Castillo; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Marylou D. Castillo 5141 College Gardens Court San Diego,CA 92115-1105 AND 2798 Ritner Highway Carlisle, PA 17015-9428 AND • 162 East Penn Street Carlisle,PA, 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle,PA 17013 on 9/4/2013 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 162 East Penn Street, Carlisle,PA, 17013 Zucker,Goldberg&Ackerman,LLC XCP-167958 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-4443 CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Marilyn C. Proctor a/k/a Marilyn Proctor;Marylou D. Castillo A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes),will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square,Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights,you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S.Bedford Street Carlisle,PA 17013 Phone(800)990-9108 (717)249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. .x;,. Zucker,Goldberg&Ackerman,LLC =}}' XCP-167958 2. After the Sheriffs Sale,you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387,before presentation of the petition to the Court. ZUCKER GOLDBERG&ACKERMAN, LLC Dated: f BY; �� It ' ,//Scott A. Die'-rric squire; PA I.D.q #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A.Ackerman,Esquire; PA I.D. #202729 Ashleigh Levy Marin, Esquire; PA I.D. #306799 Ralph M. Salvia,Esquire;PA I.D.#202946 Jaime R. Ackerman,Esquire; PA T.D. #311032 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 File No.:XCP-167958 (908)233-8500; (908)233-1390 FAX E-mail: Office @zuckergoldberg.com VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker,Goldberg&Ackerman,LLC XCP-167958 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY LOCATED IN THE FIRST WARD OF THE BOROUGH OF CARLISLE,CUMBERLAND COUNTY,PENNSYLVANIA,AND BOUNDED AND DESCRIBED AS FOLLOWS: ON THE NORTH BY EAST PENN STREET; ON THE EAST BY LOT NOW OR FORMERLY OF JOHN PETERS'HEIRS; ON THE SOUTH BY AN ALLEY;AND ON THE WEST BY LOT OF ETHEL M. HOCKENBERRY AND FORMERLY OF THE DECEASED VNALDRA D.HOCKENBERRY. • CONTAINING 20 FEET IN FRONT ON EAST PENN STREET AND EXTENDING 118 FEET,MORE OR LESS,TO THE AFORESAID ALLEY. HAVING THEREON ERECTED A TWO STORY FRAME HOUSE KNOWN AND NUMBERED AS 162 EAST PENN STREET, CARLISLE,PA, 17013. BEING THE SAME PREMISES WHICH MACARIA CASTILLO, SINGLE INDIVIDUAL, BY DEED DATED AUGUST 21, 2006 AND RECORDED AUGUST 24,2006 IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA,IN DEED BOOK VOLUME 276,PAGE 1511, GRANTED AND CONVEYED UNTO MARCARIA CASTILLO, MARILYN C.PROCTOR AND MARYLOU D. CASTILLO,ADULT INDIVIDUALS,ALL AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. TAX MAP NO.: 02-21-0318-042. Zucker,Goldberg&Ackerman,LLC 'ci XCP-167958 Otil Official U ps e w l V N� q ' ? „.o ^ r.r ►4. 'Situ 13 73 -"'"'".. N 0 co N I. - gin 2 ig n T 13 can . ...ham 7A V ' ri ' - Q7 CD ti �` `1 ... el c cp .dj C �/ in R� ,� Q ] w (� Q. p @ 41 '1"'� z A 3 a CA el o o % - ) tr N r^* o fn 0 2. G a v °� ow � ra c O w C Z —4 Ill 0 01 —I --1 M almi 71 N = co 2 13 .• 0 — 0 (i) CD CD x• .....- ... , .,-.. .. . I 0 0 06 ... ...... 1 I 1 i 0) ..... ......1. rn I X 0 — < 0 CD CD :- ....._. m CO Q0 = CD _ — ....... I > - •--....- to : , -7.- 0 OM .......... a) CI) MID 1■111.1 ....... . ,..■ MI ■ ..... su — ... ..__ ._.... r- 0 T a fit p 0 cn — 1 UP . I I ii: 1 s °x 0 N+. S 4 4p a q N n .-4 O ! D r.O -.;:k0� .9 o v Zoo' a tcPbO. �% `4*: tss o � � N O O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association,as Trustee for CIVIL DIVISION Citigroup Mortgage Loan Trust,Inc.,Mortgage . Pass-Through Certificates, Series 2006-WF2 NO.: 12-4443 CIVIL Plaintiff, ' vs. Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D. Castillo; Defendants. NOTICE OF SHERIFF'S SALE ;: OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Marilyn C. Proctor a/k/a Marilyn Proctor 2798 Ritner Highway Carlisle,PA 17015-9428 AND 162 East Penn Street Carlisle, PA, 17013 AND 5141 College Gardens Ct San Diego, CA 92115-1105 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle,PA 17013 on 9/4/2013 at 10:00am prevailing • local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. • (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A"). The LOCATION of your property to be sold is: 162 East Penn Street, Carlisle,PA, 17013 Kvj Zuc ker,Goldberg&Ackerman,LLC XCP-167958 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-4443 CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Marilyn C. Proctor a/k/a Marilyn Proctor;Marylou D. Castillo A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes),will be filed by the Sheriff thirty(30)days after the sale,and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle,PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights,you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. • Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S.Bedford Street Carlisle,PA 17013 Phone(800)990-9108 (717)249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker,Goldberg&Ackerman,LLC XCP-167958 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387,before presentation of the petition to the Court. ZUCKER GOLDBERG&ACKERMAN,LLC Dated: 3 i I f BY: A & ''_ .1_A Scott A. Di eric ,Esquire; PA I.D.#55650 Kimberly A. Bonner,Esquire; PA.I.D. #89705 Joel A.Ackerman,Esquire;PA I.D. #202729 Ashleigh Levy Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire;PA I.D.#202946 Jaime R. Ackerman,Esquire; PA I.D.#311032 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 File No.:XCP-167958 (908)233-8500; (908)233-1390 FAX E-mail: Office @zuckergoldberg.corn VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. • Zucker,Goldberg&Ackerman,LLC • XCP-167958 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY LOCATED IN THE FIRST WARD OF THE BOROUGH OF CARLISLE,CUMBERLAND COUNTY,PENNSYLVANIA,AND BOUNDED AND DESCRIBED AS FOLLOWS: ON THE NORTH BY EAST PENN STREET;ON THE EAST BY LOT NOW OR FORMERLY OF JOHN PETERS'HEIRS; ON THE SOUTH BY AN ALLEY;AND ON THE WEST BY LOT OF ETHEL M. HOCKENBERRY AND FORMERLY OF THE DECEASED VNALDRA D. HOCKENBERRY. CONTAINING 20 FEET IN FRONT ON EAST PENN STREET AND EXTENDING 118 FEET, MORE OR LESS,TO THE AFORESAID ALLEY. • HAVING THEREON ERECTED A TWO STORY FRAME HOUSE KNOWN AND NUMBERED AS 162 EAST PENN STREET, CARLISLE,PA, 17013. BEING THE SAME PREMISES WHICH MACARIA CASTILLO, SINGLE INDIVIDUAL,BY DEED DATED AUGUST 21, 2006 AND RECORDED AUGUST 24,2006 IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA,IN DEED BOOK VOLUME 276,PAGE 1511, GRANTED AND CONVEYED UNTO MARCARIA CASTILLO, MARILYN C.PROCTOR AND MARYLOU D. CASTILLO,ADULT INDIVIDUALS,ALL AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. TAX MAP NO.: 02-21-0318-042. Zucker,Goldberg&Ackerman,LLC XCP-167958 I N ' UPS��Q��Y; � �,.�C?�iiGta (I a m o �- c .0 tr. Fit N �Z • Q N cfl 5. N W Zu CA a • .� �9 m a. a cs 0 • a r,, v n J 7-t 0 � o N N a O Q Vi t to 0 ' C 4, m ca In . N 0. P ff 7 iu a ...., w ec © -- N w ,..I.. rn (an T. ...--i . —I rn ....... U) ---4 11 ° ......... g. CO -... X ..7 •■• rn .... ) ......_ IN■IN ,.-.. .... ,-- -....... ...... Cl......i 0 .... 0 rn :::: --. .1.• -- 0 al rt, cr .............. m .--- --- - CO ..., •••■■• .-- N d •■ ...77. al■•■•••■•111■01. 1~0..IIIIMPIllx~0111/0 111.0.. ...MMIPIMIP ...... tri ...... ................ --7.- COco 9113 .... (10 sm.11111111 ".......................................... .... ••.. (1) we ■ ......,... SD 1■.. ... ......-. = •-.... ..... • ...- .....- r- ___._ -...... -c le S 0 3 4.0 4..0 - . 0 2 (.1 z et, Er ie. IR 61 "71 CD --1. CD C° 0 1:1 IV 1 i_________CL J EXHIBIT B Zucker, Goldberg&Ackerman, LLC XCP-167958 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association,as Trustee for CIVIL DIVISION Citigroup Mortgage Loan Trust, Inc.,Mortgage . Pass-Through Certificates,Series 2006-WF2 NO.:12-4443 CIVIL Plaintiff, vs. • Marilyn C. Proctor a/k/a Marilyn Proctor; Marylou D.Castillo; Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P.3129(b) TO: UNKNOWN TENANT OR TENANTS UNKNOWN SPOUSE 162 East Penn Street 2798 Ritner Highway Carlisle, PA 17013 Carlisle,PA 17015-9428 COMMONWEALTH OF PENNSYLVANIA PA DEPT.OF REVENUE-INHERITANCE TAX DEPARTMENT OF WELFARE DIVISION P.O. Box 2675 Dept.280601 Harrisburg, PA 17105 Harrisburg, PA 17128-0601 CUMBERLAND COUNTY TAX CLAIM BUREAU UNKNOWN SPOUSE Cumberland County Courthouse 5141 College Gardens Court One Courthouse Square San Diego,CA 92115-1105 Carlisle,PA 17013 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY DOMESTIC RELATIONS P.O. Box 5137 OFFICE Des Moines, IA 50306-5137 Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle,PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania,and to the Sheriff of Cumberland County,directed,there will be exposed to Public Sale in: the Cumberland County Courthouse,1 Courthouse Square,Carlisle, PA 17013 • On 9/4/2013 at 10:00am,the following described real estate which Marcaria Castillo,Marilyn C. Proctor and Marylou D.Castillo,adult individuals,all as joint tenants with right of survivorship are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: Zucker,Goldberg&Ackerman,LLC XCP-167958 167958D1004C07232013P1 162 East Penn Street, Carlisle,PA 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A"). • • Zucker,Goldberg&Ackerman,LLC XCP-167958 167958D1004C07232013P2 The said Writ of Execution has been issued on a judgment in the action of US Bank National Association,as Trustee for Citigroup Mortgage Loan Trust, Inc.,Mortgage Pass- Through Certificates,Series 2006-WF2 Plaintiff vs. Marilyn C.Proctor a/k/a Marilyn Proctor,et al Defendant(s) at EX. NO. 12-4443 CIVIL in the amount of$62172.97 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty(30)days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10)days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice,you should contact your attorney as soon as possible. ZUCKER,GOLDBERG&ACKERMAN, LLC Dated: it a,Le l 13 BY: Ofl"lOLkVY1 , • Scott A.Dietterick, Esquire; PA I.D.#55650 Kimberly A. Bonner, Esquire; PA I.D.#89705 Joel A.Ackerman,Esquire; PA 1.D.#202729 Ashleigh Levy Marin,Esquire; Pa 1.D.#306799 Ralph M.Salvia; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D.#311032 200 Sheffield Street,Suite 301 Mountainside, NJ 07092 File No.:XCP-167958 (908)233-8500;(908)233-1390 FAX • E-mail: Office @zuckergoldberg.com Zucker,Goldberg&Ackerman,LLC XCP-167958 167958D1004C07232013P3 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY LOCATED IN THE FIRST WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA,AND BOUNDED AND DESCRIBED AS FOLLOWS: ON THE NORTH BY EAST PENN STREET;ON THE EAST BY LOT NOW OR FORMERLY OF JOHN PETERS' HEIRS;ON THE SOUTH BY AN ALLEY;AND ON THE WEST BY LOT OF ETHEL M.HOCKENBERRY AND FORMERLY OF THE DECEASED VNALDRA D.HOCKENBERRY. CONTAINING 20 FEET IN FRONT ON EAST PENN STREET AND EXTENDING 118 FEET, MORE OR LESS,TO THE AFORESAID ALLEY. HAVING THEREON ERECTED A TWO STORY FRAME HOUSE KNOWN AND NUMBERED AS 162 EAST PENN STREET,CARLISLE, PA,17013. BEING THE SAME PREMISES WHICH MACARIA CASTILLO,SINGLE INDIVIDUAL, BY DEED DATED AUGUST 21,2006 AND RECORDED AUGUST 24,2006 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 276,PAGE 1511,GRANTED AND CONVEYED UNTO MARCARIA CASTILLO, MARILYN C. PROCTOR AND MARYLOU D.CASTILLO,ADULT INDIVIDUALS,ALL AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. TAX MAP NO.:02-21-0318-042. • Zucker,Goldberg&Ackerman,LLC XCP-167958 167958D1004C07232013P4 Page 1 of 4 NOTICE TO LIENHOLDERS UNlTEDIST/1TE'S ctisP°0 POSTALSERVICES ,. ,,,�,r4 2.4741V-"IL'afflAnuzeiaammv ---"2"--am" lie =,r .i a. .arNEv Howes This Certificate of Mailing provides evidence that mail has been presented to LISPS*form his r,. i>�LId• and International mail. .. sr't�...: .` ' v� 01.200 From' Scott A.Dietterick, Esquire y. � r — ZIPCODE 0 7092 c/o Zucker,Goldberg&Ackerman, LLC '�� 6 2013 200 Sheffield Street,Suite 101 mum Mountainside, NJ 07092 V F ./4111223111 ' XCP-167958/sde TEAM C TD' UNKNOWN TENANT OR TENANTS Postmark Here 162 East Penn Street Carlisle, PA 17013 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 UNITED STATES �� '` i POSTAL SERVICES ', �� ti-= z ■ • ■ ■ `r :�`.1`.. ,r-7,114 $PITNEY BOWES , 01 20° This intern tin of Mailing provides evidence that mall has been presented to U r r 1.r • and lnumational mall. �l �'� e 2 1M • `"'T Tk r�, :-2036 JUL 26 2013 From: Scott A. Dietterick, Esquire �J r� ', ITNCE=,;r AI . FROM ZIPCODE 0 7092 —'t c/o Zucker,Goldberg&Ackerman, C fin ' 6 2013 200 Sheffield Street,Suite 101 OW i Mountainside, NJ 07092 (� Pf XCP-167958/sde TEAM C To' COMMONWEALTH OF PENNSYLVANIA Postmark Here DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 l i Page 2 of 4 NOTICE TO LIENHOLDERS taEs ,....0,':-.r.::s .0 - MUTED STATES iki;:.,fi„t.W't 44:2--:%aqN......... POSTAL:SERVICE �� " 3�;#�'? oz ,�, ; `,-..;.* � ..3. 0004 .� 1.2 TMs Certificate of Mailing provides evidence that mad has been presented to LISP•for mad"/� - 28203& 0( 00 and International mall. �" / ' •l�FROM zf jUL 26 2013 From: Scott A. Dietterick,Esquire 6 -Q,3 _ E 07092 c/o Zucker,Goldberg&Ackerman, LLC 200 Sheffield Street,Suite 101 �Ses _ i Mountainside, NJ 07092 XCP-167958/sde TEAM C To: CUMBERLAND COUNTY TAX CLAIM BUREAU Postmark Here Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 UNITED STATES y� �fi WIIIII POSTAL SERVlCEe r�L l i' , - .. 0 p(YNEY S r14,;.ti:1._ ,tit,- ' $ 01 200 Th6Grtfca[eof Mailing provides evdence that mall has been pnantSdtoU5PS•form i.;};1'.ti" 2- 2013 and International mall. +F.L',�+�1!;'� 02 1M JUL k:it'I� .r'-: 0004282036 From: Scott A. Dietterick, Esquire .� ;rt .� MAt ED FROMZiPCODE 07092 — c/o Zucker,Goldberg&Ackerman, LLC �� ``' 200 Sheffield Street,Suite 101 3 diNt Mountainside, NJ 07092 GSA ! XCP-1679 A C Tot CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Postmark Here Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 Page 3 of 4 NOTICE TO LIENHOLDERS e P� t1NITED STS TES •V i.4 Si':�1 z 8 , ` gym �!, wt//N��EY BOWESn AQST11LS RV10E STFIE1 ln'"1tfL 021M 01.200 i*.r�itl I 0004282036 JUL 26 2013 ThlsGrtifkatLefi agrngprovklesevkknc ethatmallhasbeenpremntadtoUSPS f mai ng.This fon .4.:...;../-*��Jj%� and ltermtional mail it/4 * MAQ FROM ZU5CODE 0 70 92 From: Scott A. Dietterick, Esquire e c/o Zucker,Goldberg&Ackerman,LLC 6 413 200 Sheffield Street,Suite 101 r Mountainside, NJ 07092 4S.PS XCP-167958/sde TEAM C To' WELLS FARGO BANK, N.A. Postmark Here P.Q. Box 5137 Des Moines, IA 50306-5137 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 OP UNITED STATES - � r. i z , ,Y X51.F I E:Q: • T -')-• .�amv',may wavgts I. I OST,AL SERVICE@ * .�.r, $ 01.20 ° F r f r -s - 0 2 1M This Certificate of Mailing provides evidence that mail has been presented to UPS for to Thls farm '. �% r�._ 0004282036 JUL 26 2013 . and International mall. A((ED FROM ZIP CODF�O 70 92 — From: �`r/i� .fzt �_ .. . - Scott A. Dietterick,Esquire c. d/o Zucker,Goldberg&Ackerman,LLC\ ZOl`� 200 Sheffield Street,Suite 101 UspZ Mountainside, NJ 070924 XCP-167958/sde TEAM C To' UNKNOWN SPOUSE Postmark Here 5141 College Gardens Court l San Diego,CA 92115-1105 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 ' Page 4 of 4 NOTICE TO LIENHOLDERS UNITED STATES` ,_4; . PITNEY actou This Certificate ofMaiW+;provides evidence that man has been presented toUSP. for malting Lf•,r.;+ ri0;k 0004282036 $ 01.200 and International mail. l` MAILED F JUL 2s 2013 {f ROM-ZIP CODE 0 7032- ^� From: Scott A. Dietterick, Esquire �' � ��`� c/o Zucker,Goldberg&Ackerman, LL /,j 4 200 Sheffield Street,Suite 101 l Mountainside, NJ 07092 %/=•6 XCP-167958/sde T AM C To: PA DEPT.OF REVENUE-INHERITANCE TAX DIVISION Postmark Here Dept.280601 Harrisburg, PA 17128-0601 ` County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 �t E1C 6� P '40 UJ11ITE�?;ST/lTES s ..: . 4 This Certiflateof Mating provides evidence that mail has been presented toUSPS•f maSng.ThTsL :. •tt,,{�'„�` r .. M $ 01•20 and lnternationalmail. y Girt ra{011:14* :2036 JUL 26 201 3 From' Scott A. Dietterick, Esquire :F+' ',1" D FROM ZIP-CODE 07092 1." C/O Zucker,Goldberg&Ackerman, LLC &s, i 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 XCP-167958/sde TEAM C To' UNKNOWN SPOUSE Postmark Here 2798 Ritner Highway Carlisle, PA 17015-9428 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 17.,L E OFF Sheriff ` `"` CIE` TH: Pi O jHG ^v tit at arat brtr oio , Jody DS eputy Smith .Y � r{! i p Chief Deputy Richard W Stewart }' , Solicitor QFFIGE pF THE SHERIFF PENNSYLVANIA US Bank National Association vs. Case Number Marilyn C Proctor a/k/a Marilyn Proctor(et al.) 2012-4443 SHERIFF'S RETURN OF SERVICE 06/28/2013 William Cline, Deputy, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be James Proctor, who accepted as"Adult Person in Charge"for Marilyn C. Proctor, at 2798 Ritner Highway, Carlsle, PA, Cumberland County. 07/01/2013 Sheriff Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice of Sheriffs Sale and Legal Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Marylou D. Castillo at 5141 College Gardens Ct, San Diego, CA 92115 07/03/2013 11:38 AM- Deputy Ronald Hoover, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 162 East Penn Street, Carlisle- Borough, Carlisle, PA 17013, Cumberland County. 07/12/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriff's Sale and Legal Description by certified mail, return receipt requested, to the within named defendant, to wit: Marylou D. Castillo, by mailing a copy of the within documents to the defendant's last known address of 5141 College Gardens Ct, San Diego, CA 92115 on 7/1/13 The return receipt card was recieved by the Cumberland County Sheriffs Office on July 12, 2013 signed by Signature of Recipient Illegible on delivery date not indicated by postal carrier on return receipt card. The return receipt card is hereto attached. 09/05/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Scott Dietterick, on behalf of U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2006-WF2, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $952.01 SO ANSWERS, November 21, 2013 RONNK ANDERSON, SHERIFF .pppl. . sue as- 1-1--",1-a- 9J9. W (c)CountySuite Sheriff,Teleosoft.Inc. /• '" 30es(Oc7 On May 21 , 2013 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 162 East Penn Street, Carlisle, as, Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: May 21, 2013 CD By: N Real Estate Coordinator • LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-4443 Civil Term US BANK NATIONAL ASSOCIATION vs. MARILYN C. PROCTOR a/k/a MARILYN PROCTOR, Marylou D. Castillo Atty.: Scott Dietterick ALL THAT CERTAIN property lo- cated in the First Ward of the Borough of Carlisle,Cumberland County,Penn- sylvania,and bounded and described as follows: ON the north by East Penn Street; on the east by lot now or formerly of John Peters'heirs;on the south by an alley;and on the west by lot of Ethel M. Hockenberry and formerly of the deceased Vnaldra D. Hockenberry. CONTAINING 20 feet in front on East Penn Street and extending 118 feet, more or less, to the aforesaid alley. HAVING THEREON ERECTED a two story frame house known and numbered as 162 East Penn Street, Carlisle,PA, 17013. BEING the same premises which Macari A Castillo, single individual, by deed dated August 21, 2006 and recorded August 24,2006 in and for Cumberland County, Pennsylvania, in Deed Book Volume 276, Page 1511, granted and conveyed unto Marcaria Castillo, Marilyn C. Proc- tor and Marylou D. Castillo, adult individuals, all as joint tenants with right of survivorship. TAX MAP NO.: 02-21-0318-042. 83 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 9 day of August, 2013 jai✓�_/ i • Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. • 1900 Patriot Drive atriotXews Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. chip This ad ran on the date(s)shown below: '12-4443 BANK NA 07/28/13 ASSOCIATION MARILYN C PROCTOR A/K/A 08/04/13 MARILYN PROCTOR 08/11/13 Marylou D.Castillo Atty: Scott Matto** ALL THAI' CERTAIN PROPERTY LOCATED IN THE FIRST WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, Sworn o aid ubscrib=d befi re m z,his 3 day of August, 2013 A.D. PENNSYLVANIA, AND BOUNDED ANDDESCRIBED AS FOLLOWS: ON THE NORTH BY EASE PENN Alt • STREET ON THE EAST BY LOT NOW OR FORMERLY OF JOHN PETERS' • 'ublic HEIRS;ON THE SOUTH BY AN ALLEY; AND ON THE WEST BY LOT OF EIHEL M. HOCKENBERRY AND FORMERLY OF THE DECEASED VNALDRA D. HOCNBERRY. Ct�MMONWEALTti ors CONTAINING 20 FEET IN FRONT ON Notarial Seat Public FORES IDALLETANDE NDING Holly Lynn wasfel,Notarb 118 FEE'I MORE OR LESS, TO THE Washington Twp•,DauDec.12,20 AFORESAID ALLZ?Y. Commission Expires Dec.12,2016 HAVING THEREON `ERECTED A My TWO STORY MEMBER,PENNSYLVANIA AS OF NOTARIES W STORY FRAME HOUSE KNOWN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which U.S. Bank,N.A. as Trustee for Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Cert Series 2006-WF2 is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 21st day of March, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4443, at the suit of U.S. Bank, N.A. as Trustee for Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Cert Series 2006-WF2 against Marilyn C. Proctor a/k/a Marilyn Proctor and Marylou D. Castillo is duly recorded as Instrument Number 201401521. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this D2/ day of I._ _ A.D. p7 © /y Vii` 4j1 r 411 , /mg Recorder of Deeds Recorder of Deeds,Cumberland County,Carlisle,PA f My Commission Expires the First Monday of Jan.2018