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HomeMy WebLinkAbout12-4553FILED-OFFICE OF TI T_ FRCTfION0 A Y MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 1 r 20112 !J1 23 Ad.s Ii: 0S CUMBERLAND COUNTY PCE N,',115 1 LVANIPk Attorney for Plaintiff File: 45.19796 DEUTSCHE BANK NATIONAL. TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1, MORTGAGE PASS- THROUGH CERTIFICATES,SERIES 2005-HE1 475 Crosspoint Parkway Getzville, NY 14068, COURT OF COMMON PLEAS CUMBERLAND COUNTY -SSA No.. , CIVIL ACTION/RESIDENTIAL OWNER Plaintiff, OCCUPIED MORTGAGE FORECLOSURE Vs. Michael V. Chuklochak, Original Mortgagor 118 South 31St Street Camp Hill, PA 17011, and Denita L. Chuklochak, Original Mortgagor and Real Owner 118 South 31St Street Camp Hill, PA 17011, Defendants 7 ?a?Y NOTICE You have been sued in court. If you wish to defend against the claims set forth the following pages, you must take action within twenty (20) days after th complaint and notice are served, by entering a written appearance personally by attorney and filing in writing with the Court your defenses or objections to tt claims set forth against you. You are warned that if you fail to do so the case m. proceed without you and a judgment may be entered against you by the cou without further notice for any money claimed in the complaint or for any oth claim or relief requested by the plaintiff. You may lose money or property or oth rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON T HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE T PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you wit] verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR THE CUMBERLAND COUNTY HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1, MORTGAGE PASS- THROUGH CERTIFICATES,SERIES 2005-HE1 475 Crosspoint Parkway Getzville, NY 14068, Plaintiff, No.. OCCUPIED MORTGAGE FORECLOSURE Vs. Michael V. Chuklochak, Original Mortgagor 118 South 31St Street Camp Hill, PA 17011, and Denita L. Chuklochak, Original Mortgagor and Real Owner 118 South 31St Street Camp Hill, PA 17011, Defendants COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1, MORTGAGE PASS- THROUGH CERTIFICATES,SERIES 2005-HE1 (the "Plaintiff'), is registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 475 Crosspoint Parkway, Getzville, NY 14068. 2. Defendants, Michael V. Chuklochak, Original Mortgagor and Denita L. Chuklochak, Original Mortgagor and Real Owner, (collectively, the "Defendants"), are adult individuals. Defendant Denita L. Chuklochak is the real owner of the premises hereinafter described by virtue of a Deed dated August 19, 2011, recorded August 23, 2011 under Instrument 20112333; The Deed is attached hereto as Exhibit "A" and made a part hereof. 3. Defendant Michael V. Chuklochak, Original Mortgagor, upon information and belief, resides at 118 South 31 St Street, Camp Hill, PA 17011. Defendant Denita L. Chuklochak, Original Mortgagor and Real Owner, upon information and belief, resides at 118 South 31 St Street, Camp Hill, PA 17011. 4. On September 21, 2004, in consideration of a loan in the principal amount of $120,000.00, the Defendants executed and delivered to Decision One Mortgage Company, a note (the "Note") with interest thereon at 6.54 percent per annum, payable as to the principal and interest in equal monthly installments of $761.65 commencing November 2, 2004. The N is attached hereto as Exhibit "B" and made a part hereof. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC a mortgage (the "Mortgage") dated September 21, 2004, recorded on Septem 28, 2004 in the Department of Records in and for the County of Cumberland under Mortgage Book 1882, Page 1113. The Mortgage is attached hereto as Exhibit "C" and made a part 6. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded A 1, 2011 under Instrument 201121233. The recorded Assignment of Mortgage is attached as Exhibit "D" and made a part hereof. 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 118 South 31 St Street, Camp Hill, PA 17011. A legal description of the Mortgaged Premises is attached hereto as Exhibit "E" and made a part hereof. 8. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due December 2, 2009, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Principal Balance .................................... $112,234.90 Accrued but Unpaid Interest from 11/2/09 to 7/2/12 ........................................$19,573.76 Escrow Advance ........................................$11,408.11 Foreclosure Fees .............................................$275.00 Property Inspection Fees ................................$208.50 Partial Payment Adjustment .................... ......$372.06 Reasonable Attorney's Fees ........................$1,450.00 TOTAL as of 07/02/2012 ........................ $144,778.21 Plus, the following amounts accrued after July 2, 2012: Interest at the Rate of 6.54 percent per annum (20.0550 per diem); Late Charges per month if applicable. 10. Plaintiff has fully complied with Section 403 of Act No. 6, 41 P. S. § 403, known as the Loan Interest Protection Law by mailing to the Defendants at 118 South 31 St Street, Camp PA 17011, as well as to the address of residence listed in paragraph 3 of this document on 3, 2012, the Notice pursuant to Act No. 6 and the applicable time periods have expired. The Notices are attached hereto as Exhibit "F" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $144,778.21, plus the following amounts accruing after July 2, 2012, to the date of judgment: (a) interest of 20.0550 per day, (b) late charges per month if applicable, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC Dater 1. 2A t 2, PafRtkl-.-'E? k Esquire Attorney for P ai tiff VERIFICATION C C:--? r? hereby states that he/6?e)is 4t , 4 Bank of America, N.A., successor by merger to BAC Home Loans Servicing, L.P., Servicing Agent for Plaintiff in this matter, that heEe 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 his er owledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswo falsification to authorities. I } Z Name: P Ian E ??1 r? iC, Title: sfis/?tc?n ?Jill4-g-ia ? ?5 SLrICESSvR ??iT 4M,Qrt clek Ir P_>c?e_ 44r,6,e boa s S e f u e k f' k-rtc?#-?.e'n_aP 1? of {lZt,?stt _ fO? ? POOL- &, 19Y,3 Oa AA- W ci.e,2 5 ? l? a r-%n ??c? ?k ? f}8 g l'? ? t 7-JO 0 =" T I 1d1r A f Prepared By: Stuart J. Magdule, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA 17110 Return To: Stuart J. Magdule, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA 17110 Parcel Id# 01-21-0273-425 THIS DEED THIS DEED, made the (9 'day of 691, , 2011, between MICHAEL V. CHUKLOCHAK, an adult individual, hereinafter called AND DENITA L. CHUKLOCHAK, an adult individual, hereinafter called WITNESSETH, that the said Grantor for and in consideration of the sum f ONE ($1,00) DOLLAR lawful money of the United States of America, unto the Grantor in hand well aid truly paid by the said Grantee at or before the seating and delivery of these presents, the receipt wh reof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed and co firmed, and by these presents does grant, bargain, sell, alien, enfeoff, release, convey and confirm, unto he said Grantee, Grantee's heirs, successors and assigns forever: ALL THAT CERTAIN tract or parcel of land and premises, situate, lying anbeing in the Borough of Camp Hill, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly d-.scribed as follows: BEGINNING at a point on the western boundary line of Thirty-First Street, for Girard Avenue, said point being three hundred six and seven tenths (306.7) feet measured southw along Thirty-First Street from the southwest corner of Chestnut Street and Thirty-First Street; the westerly direction along a line at right angles to Thirty-First Street, two hundred thirty-seven and tenths (237.5) feet to a point on the eastern boundary line of a fifteen (15) feet wide alley; thence northerly direction along said alley, forty and seven tenths (40.7) feet to a point; thence in an east, direction along a line at right angles to Thirty-First Street, two hundred twenty-nine and eight ten: (229.8) feet to a point on the western boundary line of Thirty-First Street; thence in a southerly di along Thirty-First Street, forty (40) feet to a point, the place of BEGINNING. 05/02/2012 12:06:04 PM CUMBERLAND COUNTY Inst.# 2011 in a y - Page 1 of 4 HAVING THEREON ERECTED a two story brick dwelling house and twb car concrete block garage and known as 118 Thirty-First Street, Camp Hill, Pennsylvania. BEING the same premises which Harry E. Whipkey, a single individual, by his eed dated June 2 2002 and recorded July 2, 2002 in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 252 at Page 2491, granted and conveyed unto enita L, Chuklochak and Michael V. Chuklochak. UNDER AND SUBJECT, NEVERTHELESS, to all easements, re encumbrances and other matters of record or that which a physical inspection or survey of the would reveal. THIS IS A CONVEYANCE FROM HUSBAND TO WIFE AND THEREFORE EXEMPT FROM THE PAYMENT OF PENNSYLVANIA RE TY TRANSFER TAX, TOGETHER with all and singular the buildings and improvements, ways, streets alleys, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, wh soever unto the hereby granted premises belonging, or in any wise appertaining, and the reversio and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, cl m and demand whatsoever of the said Grantor in law, equity, or otherwise, howsoever, of, in and to the sa a and every part thereof. TO HAVE AND TO HOLD, the above described parcel or piece of ground, with any and all improvements erected thereon the hereditaments and premises hereby granted w th the appurtenances unto the said Grantee, and the Grantee's heirs, successors and assigns, for the use and benefit of the Grantee and the Grantee's heirs, successors and assigns forever, subject as aforesaid. AND the said Grantor, and the heirs, successors and assigns of the Grantor, does o and agree to and with the said Grantee and the Grantee's respective heirs, successors and assigns, said Grantor and the Grantor's heirs, successors and assigns, all and singular the hereditame premises hereby granted or mentioned and intended to be so, with the appurtenances, unto the Grar Grantee's heirs, successors and assigns, against the Grantor and the Grantor's heirs, successors and and against all and every person and persons whomsoever lawfully claiming or to claim the sam( part thereof, by, from or under him, her, them or any of them, shall and will, subject as of SPECIALLY WARRANT and FOREVER defend. the and and or 05/0212012 12:06:04 PM CUMBERLAND COUNTY )nst.# 2011 3332 - Page 2 of 4 above written. IN WITNESS WHEREOF, said Grantor has executed this deed the day and ar first Signed, Sealed and Delivered In the Presence of Michael V. Chuklochak COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF On this, the II 'day of , 2011, before me, a Notary Public, in and fax the Commonwealth of Pennsylvania, the undersigned officer personally appeared MIC L V. CHUKLOCHAK, known to me for satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Nowlal Jwnn®A, badley, Notary Pubk Not Public SURUO&WA TAP., D"PIM COW* MYconw dill a toll " My Commission Expires: MEnaea, PMPIMA M ARIMUTM Of I hereby certify that the precise residence of the Grantee is 118 November Drive, Apt. 3, Camp Hill, PA 17011. ome for Uantee 05/02/2012 12:06:04 PM CUMBERLAND COUNTY Inst.# 2011 3332 - Page 3 of 4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201123332 Recorded On 8/23/2011 At 8:38:08 AM *Instrument Type - DEED Invoice Number - 92064 User ID - M 13L * Grantor- CHUKLOCHAK, MICHAEL V * Grantee - CHU KLOCHAK, DENITA 1, * Customer - DENITA CHUKLOCHAK * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CAMP HILL SCHOOL $0.00 DISTRICT CAMP HILL BORO $0.00 TOTAL PAID $63.00 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ? d j7 . RECORDER O D 2DS rrso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. uu111111111iiuiuWi 05102/2012 12:06:04 PM CUMBERLAND COUNTY Inst.# 201113332 - Page 4 of 4 ?" r P NOTE ?SEPTEWBER 21 , 2004 CAMP HILL _ PENNSYLVANIA [Date] [City] [State] 118 SOUTH 31ST STREET, CAMP HILL, PENNSYLVANIA 17011 [Property ,Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $120,000.C0 (this amount is called "Principal"). plus interest, to the order of the Lender. The Lender is'Decislon One Mortgage Company, LLC. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyon-. who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder. " 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay int est at a yearly rate of 6.54%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 2ND day of each month beginn:,ng on NOVEMBER 2, 2004. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be a plied to interest before Principal. If, on OCTOBER 2, 2034, I still owe amounts under this Note, I will pay those amoun in full on that date, which is called the "Maturity Date." I will make my monthly payments at 6060 J.A. Jones Drive, Suite 1000, Charlotte, North Carolina 2828 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $761.65. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doings . I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder m y apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in th amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the i terest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) y such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sum already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN cale dar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0 0 of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late paymen . (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdu amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as escribed above, the Note Holder will still have the right to do so if I am in default at a later time. iAmmmm?nna??i?iinuiuiniu ? _ ? 111LE ?R,?,?.:, (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Thosb expenses include, for example, reasonable attorneys fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will b by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address i the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by maili; first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the p. made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or e of this Note is also obligated to do these things. Any person who takes over these obligations, including the obiiga a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. T; Holder may enforce its rights under this Note against each person individually or against all of us together. Thi; that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Di "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Di means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protectioi to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), d same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the p which I make in this Note. That Security Instrument describes how and under what conditions I may be required immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows; If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior writt consent, Lender may require immediate payment in full of all sums secured by this Security Instrumei 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 sh provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 witt which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sui prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrume without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. V DENITA L (Sign PAY TO THE ORDER OF WITHOUT RECOURSE D I ION ONE MORT AG COMPANY, LLC BY: dra- Kelh Asst. OW42 FY ATE FIXED RATE NO --Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form given I give it by ven a ons of Note means given ad the make (Seal) Only] 1101 (page 2 0,+ 2 pages) IT CR0BERT p, ZIEGLER. RECORDER OF OEl:OS , Afier Recording Return To: 9 SEP 28 RM 11 SZ Decision One Mortgage Company, LLC 6060 J.A. Jones Drive, Suite 1000 Charlotte, North Carolina 28287 P9 I iS 0: 0I - 2a - 0275 (S? Above This Une For Ret orftS Data) -w Loan Number MIN: 100077910002721237 MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3. 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used In this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated SEPTEMBER 21, 2004, together with all Ricers to this document. (B) "Borrower" is MICHAEL V CHUKLOCHAK and DENITA L CHUKT.OCHAK. Borrower is the mortgagor under this Security Instrument. (C) "HERS" is Mortgage Electroalc Registration Systems, Inc. MFRS is s separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS Is the mortgages under this Sectirity Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, Ml 48501-2026, tel. (888) 679-MERS. (D) "Linder" is Decision One lMortgage Company, LLC. Lender Is a LIMITED LIABILITY COMPANY organized and existing under the laws of NORTH CAROLINA. Leader's address is 6060 J.A. JONES DRIVE, SUITE 1000, CHARLOTTE, NORTH CAROLINA 28287. (E} "Note" means the promissory note signed by Borrower and dated SLPTFIABER 21, 2004. The Note stapes that Borrower owes Leader ONE HUNDRED TVMNTY THOUSAND AND 00/100du Dollars (U31120,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 2, 2034. (I) "Property" means the property that is described below under the heading "Transfer of Rights in the Property-" (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and laze charges due under the Note, and all sums due under this Security Instrument, plus interest. PLKNSYLVAMA-Sio`le FamityFeasle NWWFr* dla Mac UNIFORM WffIRt1Mi= Form UP 1101 (page I of ll pages) 16181110mnmlf? l BK 1882PG I I i I 05/02/2012 12:07:05 PM CUMBERLAND COUNTY tnst.# 20043P51 1 - Page 1 of 15 (Hl "Hiders" 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 0 Condominium Rider © Second Home Rider 11 Balloon Rider OPlaoned Unit Development Rider ?Other(s) [specify] ? 1.4 Family Rider Biweekly Payment Rider (1) "Applicable 1aw° means all controlling applicable federal, state and local stances, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (A "Community Association Dues, Fees, and Ammmags" means sit dues, fees, assessments and other cbErges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. X "Electra tic Funds Transfer" means any trsnafer of f ods, 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 fnattcial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine traasactions, transfers initiated by telephone, wire transfers, and animated clearinghouse transfers. (L) "Escrow Items" means those itaffi that are described in Section 3. (MI "MimmIlaneom Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third patty (other than insuratu.Y proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (it) 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. (N) "Mortgage Insurance" means inaurattce protecting lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (it) any announts under Section 3 of this Security Instrument. (P) "RESPA" meatus the Real Estate Settlanent Procedures Act (12 U.S.C. 42601 et seq.) and its im;-I t ming 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 Inamiment, "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 RfSPA. lty "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 hu trumect. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument somm to Lender: (t) cite repayment of the Loan, and all renewals, extmions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Fender's suaccum and assigns) and to the succ essor& and assigns of MERS the following described property located to the County of CUMBERLAND [Type of Rawrding twiedicslonl [Name of Recording luriadialon[ SEE ATTACHED SCHEDULE "A" PCINKYLVANIA-Single Famtly4saok M effredfe Mare r NUMDRM r 4TRUMUff Form 3039 1101 oqe 2 of 14 pages) SKI88.2PGI 114 05102/2012 12:07:05 PM CUMBERLAND COUNTY Inst.# 20043511 - Page 2 of 15 Tax Pared Identification Number, 01-21.0273425 which currently has the address of 118 SOUTH 31ST STSEET [Street] CAI1itp HILL Pennsylvania 17011 ('Property Addnas'): [City) [Zip Code] TOGETHER WITH all the improvements now or betreafter erected on the property, and all easemou, appurtenances, and fixtures now or hereafter a part of the property. All replacemmu and tldddtions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the 'Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Bo--rower in this Security Iastrumcot, but, if necessary to comply with law or custom, NMS (as nominee for Lender and Leader's successors and assigns) has the right: to exercise any or all of tboae interests, including, but not limited to, the right to foreclose sad sell the Property, and to take may action required of Leader including, but not limited to, releasing and canceling this Security instrument, BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the rigit 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 aping all claims ant demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform cmenants 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, Intorest, Escrow Item, 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 Now and this Security Lastrament shall be made in U.S. currency. However, if any check or other instrument received by Leader as payment under the Note or this Security dasaument is returned to Lender unpaid. Leader may require that any or all subsequent payments due under the No:e and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) casa; (b) money order; (c) certified check, bank ebeck, treasurer's check or cashier's check, provided any such cheep is drawn upon an institution whose deposits are imtued by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Leader 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. Linder tray 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 uuch payments are accepted. It each Periodic Payment is applied as of its scheduled due date, that Leader need not pry interest on unapplied funds. PONSrivANIA-Single FsmUy-raode KWFraddk Mw uNBPMM IMSTRilkMT Form 3039 1101 (page 3 of 14 pages) B{ 1882PG I I I'S 0510212012 12:07:05 PM CUMBERLAND COUNTY Inst.# 20049511 - Page 3 of 15 Lender may hold such unapplled tltnda until Borrower male- 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 tbem to Borrower. If not applied earlier, such fiords will be applied to the outstanding principal bolatex tinder the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the f ihm against Leader shall relieve Borrower from making payments due under the Note and this Security lastrametat or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Insumnent, and then to reduce the principal behests of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any lase charge doe, the paytmmt 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 excels exists after the payment is applw 10 the hill payment of one or mote periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to say 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 attend or postpone the due due, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Linder on the day Periodic Paymcats are due tinder the Now, until the Note is paid in full, a sum (the 'Funds") to provide for payment of aniounts due for: (a) taxes arc. assessments and other items which can attain priority over this Security Instrument as a lion or encumbrance on the Property; (b) leasebold payments or ground rents on the Property, if any; (c) premium for any and all insurance required by Leader under Section 5; and (d) Mortgage Insurance premiums. if any, or say nuns payable by Borrower to Leader in lieu of the payment of Mortgage bastuance 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 Commualty Association Does, Fees, and Asseaments, if any, be escrowed by Borrower, sad such dues, few and assessments shall be an Escrow hem. Borrower shall promptly furnish to Lender all notice of amounts to be paid under this Section, Borrower shall pay Leader the Funds for Escrow items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Recite. Lender may waive Borrower's obligation to pay to Lemdbr 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 say Escrow Items for which payment of Funds has been waived by Lender and, if Leader requires. shall furnish to Lender receipts evidencing such payment within such lime 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 May to Leader any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in weardance with Section 15 and, upon such revocation, Borrower shall pay to Leader 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 tinder RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender ahall estimate the smoaru of Funds due an the basis of current data and reasonable estimates of expenditures of future Escrow Item or otherwise in accordance with Applicable Law. PEMNMVANIA-Single Family-Fam4 MWFrodde Mac UNUU M 04MUMENT Form 3039 1/01 (page 4 of l4 pages) BK i 882PG l ! 16 CUMBERLAND COUNTY InstA 20049511 - Page 4 of 15 05/0212012 12:07:05 PM I The Funds shall be held in an Institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if mender is an institution whose deposits are so inutred) or m any Federal Horne Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Leader shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Item, unless Lender pays Borrower interest an the Punch sad Applicable Law permits Lender to matte such a charge. Unless an agreement is nude in writing or Applicable Law requires interest to be paid on the Funds, bender shall not be required to pay Borrower say interest or earnings tin the Fuadf_ 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, Lander stall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds hold In escrow, as defined under RESPA, bender shall notify Borrower as requited by RESPA, and Borrower shall pay to Lender the annual necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to twice up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums segued by this Security Iostnunient, Lender shall promptly rchmd to Borrower any Funds held by Lender. 4. Charges; Lieu, Borrower shall pay all taxes, usessmeats, 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 Asusaments, 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 satiaWwry to Lender subordinating the lien to this Semirity Instrument. If Leader determines that any part of the Property Is subject to alien which can attain priority over this Security Instrument, Lender Ray give Borrower a notice identifying the lien. Within 10 days of the date on whist that notice is given. Borrower shall satisfy the lien or take one or more of the actions set forth above in t]is Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by bender in connection with this Loan. 3. Property Ineuranco. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against Ions 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, 7bs insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentetaea can change during the term of the Lasn. 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 ?ay, 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 subaequent charges each true 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 say flood zone determinstion rest lbrig from an objection by Borrower. PEMSYLVANIA-Smgle Fatally-Fanok MadFlrodek Mae UNIFORM 1N6TRUMiNT Form 3939 1101 (page S of 14 pager) DA"1882PG 1 1 17 0510212012 12:07:05 PM CUMBERLAND COUNTY Inst,# 200439511 -Page 5 of 15 If Borrower fails to maintain any of the coverages described above. Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lauder U under uo Obligation to purchase any particular type or amount of coverage. Tberefore, such cov=V shall cover Leoder, but might or might not pmotetx Borrower, Borrower's equity in the Property, or the contents of the Property, against say risk, bawd or liability and alight provide greater or lesser coverage than was previously in effect. Borrower aclmowledges that the cost of the insurance coverage so obtained might significantly exceed the cast of insurance that Borrower could have obtained. Any amounts disbursed by Leader under this Section S shall become additional debt of Borrower secured by this Security Imtrament. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such tateteat, upon notice from Leader to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be sobeet to Lender's right to disapprove rich policies, shall include a standard mortgage clause. and shall name Lander as mortgagee and/or as an additional loss payee. Lender shall have the tight to hold the polities and renewal certificates. If Lander requires, Borrower shall promptly give to Lanier all ra eipts 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 tame Lender as mortgagee and/or as an additional loss payee. In the event of loss. Borrower shall give prompt notice to the insurarce carrier and Lender. Lander may matte 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 requited by Lender, shall be applied to restoration or repair of the Property, if flu 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 instance proceeds until lender has had an opportunity to impeet such Property to ensure the work has been cocipleted to Lender's satisfaetion, provided that such inspection shah be undertaken promptly. land may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Leader shall not be required to pay Borrower any interest or earnings on such proceeds. Pees for public adjusters, or other third patties, twined by Borrower shall rot be paid out of the nmrance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the excess, If any, paid to Borrower. Such insurance proceeds shall be applied In the order provided for in Section 2. If Borrower abandons the property, Lender may tile, negotiate and settle any available insurance claim and related mauers. if Borrower does not respond within 30 days to a notice from Lander 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, Bo.-rower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar u such rights are applicable to the coverage of the Property. Leader may use the insurance prcceeds either to repair or restore the Property or to pay amounts unpaid under the ?Vote or this Security Instrument, whether or not than 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 due of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating cirtammtaoces exist which are: beyond Borrower's control. FENNSYLV A,NIA-Sinme FamilyFamis VAWTraddls Mac UN=gM Ramt1MY1VT Foam 3039 1/01 (page 6 of 14 pages) BK { 882PG 1 118 05/0212012 12:07:05 PM CUMBERLAND COUNTY Inst.# 20043P511 - Page 6 of 15 7, Preservation, Maintenance and Protection of the Property; Ynepections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property, whether ar 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 eeonomicaliy feasible, Borrower shall promptly repair the property if damaged to avoid farther deterioration or damage, if insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. !.ender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to inch 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 peseons or entities acting at the direction of Borrower or with Borrower's knowledge or cowent 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 coticerning Borrower's occupancy of the Property as Borrower's principal resider= 9. Protection of Lender's Intererd In the Property and Rights Undw this Securlty bmtrament. If (a) Bo-rower fails to perform the covenants and Agreement& contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lager's interest in the Property and/or rights under this Security Instrument (such as a proceeding in baalwptcy, probate, for condemnation or forfeiture, for enfpmement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's late= in the Property and rights under this Security Instrument, including protecting amdlor assessing the value of the Property, and securing and/or repairing the Property. I end 'a actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Iustrurrtent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or oft. 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 Larder incurs no liability for not tatting any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower seared 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 lemehold, Borrower shall comply with all the provisions of the loan. If Borrower acquires fee title to the Property, the icaschold and the fee title shall not merge unless Lender agrees to cue merger in writing. PENNSYLVAMSingle Family-Fang M&wW* dk Mae UNMRM IN914t1 MEY r Form 3039 1101 (page 7 of 14 pages) BX.1882FG I 1 19 05102/2012 12:07:05 PM CUMBERLAND COUNTY Inst.# 200430511 - Page 7 of 15 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maleuain the Mortgage ltmraoce in effect. If, for any raison, the Mortgage Insurance coverage required by Leader 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 suastantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the coat to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage saris[[[ selected by Leader. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pap to Lender the amount of the separately designated payments that were due when the lasuraoce coverage ceased to be in effect. Lender will accept, use and retain tbeue payments as a non-refumdabie loan reserve in diem of Mortgage Insurance. Such loss reserve shall be non•refandable, notwithstanding the fact that the Loath is ultimately paid in full, and Lender shall not be requited to pay Borrower any interest or earnings on sucb lose 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 Leader requires separately deaignated payments toward the premiums for Mortgage huunnoe. If Leader required Mortgage Insurance u a condition of making the Loan and Borrower was retuired to make separately designmed payments toward the premiuwa for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance 1a effect, or to provide a non-ref indeble Ions 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 mimburm Leader (or any entity that purchases the Note) for certain lessee it may incur if Borrower does not repay the Lose as agreed. Borrower is trot a party to the Mortgage Insurance. Mortgage inaurers evaluate their total risk on all such insurance in forte firm time to time, and may enter into agreements with other parties that shun or modify their risk, or reduce loans. These agreements are on terms and conditions that arc satisfactory to the mortgage insurer and the other patty (or parties) to than agreements. These agreements may require the mortgage Insurer to make payments using any source of fronds tha: the mortgage insurer any have available (which may include funds obtained from Mortgage Insurance prenniuau). As a result of than agreements, Leander, 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 rnortguge 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 sham of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements; will not affect the wmowts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Lora, Such agnsmanta wLB no inenan the amount Harrower will owe for Mortgage Insurance, and they will not entitle Borrower to airy refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance --I- the Homeowners Protection Act of 1996 or any other law. These rights may include the right to receive certain disclosures, to requent and obtain cancellation of the Modgage Insurance, to have the Mortgage Insurance terminated automatically, andfor to receive a refund of any Mortgage Ltnuaase premiums that were unearned at the time of inch cnnesBa on or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender, PENNSVLVANtA-Single Family-Fannie Maenke&le Mae UNIFORM INSTRUMENT Form 3039 1191 (page 80f]4 pages) $K 1882PG 1 120 0510212012 12:07:05 PM CUMBERLAND COUNTY inst.# 200419511 - Page 8 of 15 If the Property is damaged, such Miacdiwroous 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, Gender shall have the right to hold such Miscellaneous Proceeds until lender has had an opportunity to inspect such Property to easure the work has been completed to Leader's satisfaction, pnvided 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 trade In writing or Applicable Law requires interest to be paid on sueb MiaceUaneous Proceeds, Leader stud) 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 them due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds ahall 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 aurae 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 Lramediatcly before the partial taking, destruction, or loss in value is equal to or grow than the arrount of ft 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 aunts secured by this Security Inrtrument shall be reduced by the smount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or ion in value diNided by (b) the fair market value of the Property immediately before the partial taking, dammion, or loss in value. Any balance shall be paid to Borrower, In the event of a partial taking, destruction, or ions 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 leas 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 Miacellaneouts Proceeds (hall be applied to the sums secured by this Security Ina mracut whether or not the sutras are then due. If the Property is abandoned by Borrower, or if, after notice by Leader 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, Leader is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the stuns seamed by this Security Instrument, whether or not then due. "Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Leader's interest in the Property or rights under this Security lnatturoeat. 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 ruLng that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Leader's interest In the Property or rights under this Security insttutnem. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shill be paid to Leader. 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. PLMNSYLYANIA-Single FamityFamtle MaalFredAle hoc UNDURM MMUMANT Form 3039 1101 (Me 9 of 14 pager) OX71882PG 1 121 05/02/2012 12:07:05 PM CUMBERLAND COUNTY Inst.# 2004 9511 - Page 9 of 15 12. Borrower Not 1Redeaasedl Forbaaranee By Lm kr 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 Stroceaaors 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 seeuuod by this Security Instrument by resson of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Leader in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Succeasors in Interest of Borrower or in amounts lea than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy, 13. Joint and Several Ll"ty, Co-dgnen; 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 insammeat but does not execute the Note (a %D-sigacr"): (a) is co-signing this Security hurtrtment only to mortgage, grant and convey the co-signers interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security lostrurnent; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accornmodations with regard to the terms of this Security instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Leader, "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 rhls Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender, 14. Lima Charges. Lender may charge Borrower foes for services performed in connection with Bo=rower's default, for the purpose of protecting Leader's Interest in the Property and rights under this Security Insirumenu, including, but not limited to, attorneys' fees. property inspection and valuation fees. In regard to an)' other fees, the absence of express authority In this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are Wre:sdy prohibited by this Sv=ity 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 limier, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the perailited 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 parial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's so eptance of any such refund made by direct payment to Borrowex will constitute a waiver of any right of action Borrower might have arising out of such overcharge, 19, 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 ]naUumeat 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 sem by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicabic Law expressly requires otherwise. The uotim address shall be the Property Andreae unless Borrower its des4nated it substitute notice address by notice to Leader. Borrower shall pnxWtiy notify Lender of Borrower's change of address. If Leader specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. Thule may be only one PENNMVAN1A•Sin$1e FamilyFunde Mufftm a Mae UNUIORM INSTRUMENT Form 3039 1/01 (page l6 of It pages) BK 1882 PG 1 12.2 05/02/2012 12:07:05 PM CUMBERLAND COUNTY Inst.# 20043 511 - Page 10 of 15 designated notice address under this Security Inatrimtent at any one time. Any mice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herela unless I andix bas detignated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to L.mder until actually received by Lander, If any notice required by this Security Instnunent is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. Id. Governing Law; $everacbility; Rules of Consirmcdon. 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 Instrtuneut 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 nilew, but such silence shall no- be construed as a prohibition against agreement by contract. in the event that any provision or claws 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. As used in this Security Instrument: (a) words of the masculine gentle sball rasa and Include corresponding neuter words or words of the feminine gander: (b) wads in the singular shall mesa 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 itunvment. 18. Tramder of the Property or a Bendhial Lstatied 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 bermfrcial interests transferred in a bond for dad, contract for dead, 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 Leader'tt prior written consent, Lender nay require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exerdsed by lend er if such exercise Is prohibited by Appiable Law. If Lender exercises this option, Lander 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 socordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these suna prior to the expiration of this period, Lander may Invoke any remedial permitted by this Security inauument wibout Anther notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower aha;l have the right to have enforcement of this Security Instrument discontinued at my time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of axle contained in this Security Instrument; (b) such other period as Applicable Law might specify for the ktminstion of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Thee conditions are that Borrower: (a) pays Lecder all sum which then would be due under this Security I=uu nm and the Now as if no acceleration had occurred; (b) tames any default of any other covenants or agneemnens; (e) pays all expenses incurred in enforcing this Security lasmutient, Including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lwder'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 thin Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. I ender may require that Borrower pay such reinstate ant sums and expenses in one or more of the following forms, u sdackd by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's cbwk, provided any such check is drawn upon in institution whose deposits are insured by a federal agency, itstru mentality or entity; or (d) Electronic Ponds Transfer, Upon reinstatement by Borrower, this Security Instnimeaat and obllgatl0ns assured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not spp-y in the case of acceleration under Section 18. PWNSYLVANIA-Single Family-Faaak MuJFteddta Mae UNIFORM INFMIJIM NT Yom 3039 1/01 (Kge 11 of 14 pages) 0510212012 12:07:05 PM 8K 1882PG 1123 CUMBERLAND COUNTY I W4 2004391511 - Page 11 of 15 20. Sale of Note; Change of Loan Services; Notice of Grievance, The Note or a partial nascent in the Note (together with this Security instrument) can be sold one or mom times without prior notice to Borrower. A sale might result in it change in the entity (known u the "Loan Servicer") that collects periodic Payments dce under the Note and this Security lasnnmtent and performs other mortgage loan servicing obligations under the Note, this Seourity Instrument, and Applicable Law. Tbere also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a chugs of the Loan Services, Borrower will be given written notice of the change which will state the name and address of the new Loan Sesvicer, the address tD which payments should be made and any other information RESPA requires in connection with a nodoc of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Now, 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 stay 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 parry has breached any provision of, or any duty owed by reason of, Shia 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 petiod after the giving of such notice to rote corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be donned 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 paucities and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) 'Environmental Law' means federal laws and laws of tbo jurisdiction where the Property is located that relate to health, safety or euvironmrratal protection; (c) "Envirottmratal Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presem, use, disposal, storage, or release of any Hazardous Substatces, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is In violation of any Environmental law, (b) which creates an Environmental Condition, or (c) which, due to the ptrsenoe, use, or release of a Hazardous Substance, creates a condition that adversely affecro the value of the Property. The preceding two sentences Shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized w be appropriate to normal residential uses and to aah atemsnce of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmeaud 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 effects the value of the Property. If Borrower learns, or is notified by any governmesual or regalatory authority, or my 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 wiLi Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. FLM3VLVANiA-Sine1a Pamily-Fan H&v7redme Mw W4VMM INMUNZNT Form 3@34 1/01 (page 12 of 14 pages) 8K 188ZPG 11:24 05102/2012 12:07:05 PM CUMBERLAND COUNTY inst.# 20043 511 - Page 12 of 15 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agme as follows: 22. Acceleration; Remedies. Leader shell give notice to Borrower prior to acceleration following Borrower's breach of any covenaat or agreement in this Security Insttimresnt (but not prior to acceleration under Section 18 unless Applinble Law provides: otherwise). Lender shill notify Borrower of, among other things., (a) the default; (b) the action required to ewe the deflauhl (c) when the default numa be cured; and (d) that fall= to cure the default se specified may reaWt in acceleration of the sums secured b) this Security Instrument, foreclosure by judicial proesafti; and sale or the Property. Leader shall further Inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the secs-e?testce of a default or any other ddanse of Borrower to aeeelecation and foreclosure. If the default is act cured as specified, Lender at its option may require immediate payment In full of all sum secured by this Security Instreent withma further demand and may foreclose this Security Inuumment by judicial proceeding. Ltvdw shell be entitled to collect all dcpetsea incurred In pursuing the rem"m provided in this Section 22, including, but not 6mIW to, attorneys' few and costa of title evidence to the extent permitted by Applk@Wo Law. 23. Relate. Upon payment of all stuns secured by this Somrity Instrument, this Security lnstrurn nt aid the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation coats. Lender may charge Borrower a fee for miming this Security Instrument, but only if the fee is pad to a third party for serrces rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives sad releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour pri)r to the commencetnent of bidding at a sheriffs sale or other We pursuant to this Security Instrument. 26, Purchase Money Mortgage, If any of the debt secured by this Security Instsw=L is lent to Borrower to acquire title to the Property, this Security Instrument shalt be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rata payable after a Judgment is ent:red on the Note or in in action of mortgage foreclosure ahall be the rate payable from time to time under the Note. PENN( YI.VANIA•Single Famtly-Faade KWFrs"kMat %=RM 114$t'Rt1MBNT Form 3039 1101 (page 13 of 14 pages) B"1-8'8 2 PG 1 125 05/02/2012 12:07:05 PM CUMBERLAND COUNTY Inst.# 200439511 - Page 13 of 15 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, V,?i ogee: V, J, U (Sea() MICHAEL V CHUKIACHIAK -Borrower DENITA L CHUKI.OCHAK Borrower _(Sesl) (Seal) -Borrower .Borrower STATE OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) On this, the ?S day of any , before me, the undessiSued officer, personally appeared M1CH!AEL V CHVIKLOCKAK and DENITA L C RUKIACHAK , known to me ,for satisfactorily proven) to be the person(s) whose name(s) share subscribed to the within instrument, and rilS Iedged that bRs*tbey executed the same for the purposes therein contained. y witness whereof, I hereunto set m hand and official seal. - NOTARIAL SEAL Title of officel' 0 bl r G M -' /bpfttpit M. Rid1K MUM P0104 ` #T.. OWV Na sort, Cumberitttd OQW4 My Commission Expires: _ yfy Com gosion Ertpirtt pd 91, Typed or printed same: N Z 1 Yl . ICATE OF RESIDENCE I, do hereby certify that the correct of the within-named lender is 6060 J.A. JONES DRIVE, SMITE 1000, CHARLOTTE, NORTH AROLINA 28287, witness my hand thi9 day of Agent of Lender. P07gSYLVANIA-Sinak Family-Fsnak hU6Treddk Mac UNIFORM tNSTRtW,KT Form 3039 1/01 (page 1 f of l4 pages) rtify this to be ;I" tmuerlalid County 1` r; ti? r .F ..:. v w Recorder of Dt;cut? 01882PG 112-6 05/0212012 12:07:05 PM CUMBERLAND COUNTY Inst.# 200431511 - Page 14 of 15 ALL THAT CERTAIN tract or parcel of land and prernises, situate, lying and being in the B( of Camp Hill in theCounty of Cumberland and Commonwealth of Pennsylvania, more parti described as follows: BEGINNING at a point on the Western boundary line of Thirty First Street, formerly GirardAvenu saidpoint being three hundred six and seven tenths (3063) feet measured Southwardly along Thir First Street from the Southwest comer of Chestnut Street and Thirty First Street; THENCE in Westerly direction along a line at right angles to Thirty First Street two hundred thirty seven and fii tenths (237.5) feet to a point on the Eastern boundary line of a fifteen (15) feet wide alley, THENC in a Northerly direction along said alley forty and seven tenths (40.7) feet to a point; THENCE an Easterly direction along aline at right angles to Thirty First Street two hundred twenty nine at eight tenths (229.8) feet to a point on the Western boundary line of Thirty First Street; THENCE a Southerly direction along Thirty First Street forty (40) feet to a point, the Place of BEGINNIN( HAVING THEREON ERECTED a two story brick dwelling house and two car concrete garage and Lmown as 118 Thirty First Street, Camp Hill, Pennsylvania. Exhibit "A" .l 82PG1127 05102/2012 12:07:05 PM CUMBERLAND COUNTY lnst.# 200439511 - Page 15 of 15 Ex it Recording Requested By: Bank of America / Prepared By: Aida Duenas 888-603-9011 450 E. Boundary St. Chapin, SC 29036 When recorded mail to: CoreLogic 450 E. Boundary St. Attn: Release Dept. Chapin, SC 29036 1111P W111111111 11l11gl1111111 DoclD# 63 Tax ID: O1-21-0273-425 Property Addres3: 118S31stSt Camp Hill, PA 17011-4509 Property Location: Borough of C&MP HILL PAO•AM 14006113 72012011 7 This spwr rot Rewdues em ?i0u06sKINr MIN N: 100077910002721237 MFRS Phone #: 888-679.6377 ASSIGNMENT OF MORTGAGE For Value Received, the undersigned holder of a Mortgage (herein "Assignor") whose address is 3300 S.W. 34TH AVENUE, SUITE 101 OCALA, FL 34474 does hereby grant, sell, assign, transfer and convey unto DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR THE HOLDERS OF MORGAN STANLEY ADS CAPITAL I INC.TRUST 2005-HE1, MORTGAGE PASS- THROUGH CERTIFICATES,SERIES 2005 -HE I whose address is 1761 E ST ANDREW PL, SANTA ANA, CA 92705 all beneficial interest under that certain Mortgage described below together with the note(s) and obligations therein described and the money due and to become due thereon with interest and all rights accrued or to accrue under said Mortgage. Original Lender. DECISION ONE MORTGAGE COMPANY, LLC Mortgagor(s): MICHAEL V CHUKLOCHAK AND DENITA L CHUKLOCHAK Date of Mortgage: 9121/2004 Original Loan Amount. $120,000.00 Recorded in Cumberland County, PA on: 9128/2004, book 1882, page 1113 and instrument number NIA This Mortgage has not been assigned unless otherwise stated below: IN WITNESS WHEREOF, the undersigned has caused this Assignment of Mortgage to be executed on 71 15?? MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. _.,_. By: Chester Levings, Assistant Secretary 05102/2012 12:07:27 PM CUMBERLAND COUNTY Inst.# 2011 21233 - Page 1 of 3 State of California County of Ventura On 47 12-V60, before me, Nt?4J"Zrc[ (."G Notary Public, personally appeared Chester Levings, who proved to me on the basis of satisfactory evidence to be the person(p) whose name(s) isAft subscribed to the within instrument and acknowledged to me that he%heklwy executed the same in hisAterAtmir authorized capacity(iss), and that by his/hwAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. T certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph iMrue and correct. and official seal. Notary Public: (Seal) My Commission Expires: 1,0Z71/3 1 hereby certify that the address of the within named assignee is: 1761 E ST ANDREW PL, SANTA ANA, CA 92705 Signature Wit w ? ComtanMaloa# tt111110i1 lrrftla? rnbk • cafltornk LM Mpsiu rawly #t Comm. EX Iret Oct 31, 2013 13o-RAvWCK ",4 45-L V 444 L*- 44 0510212012 12:07:27 PM CUMBERLAND COUNTY Inst.# 2011: !1233 - Page 2 of 3 1 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201121233 Recorded On 8/1/2011 At 11:24;45 AM Total Pages - 3 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 90889 User ID - SW * Mortgagor - CHiJKLOCHAK, DENITA L * Mortgagee - MORGAN STANLEY ABS CAPITAL INC TRUST 2005-HEl * Customer - WELLS FARGO BANK * FEES STATE 'WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $23.50 $11.50 $10.00 $2.00 $3.00 $50.50 I Certify this to be recorded in Cumberland County PA Certification Page DO NOT DETACH This page is now part of this legal document. RECORDER 04 DS - Information denoted by an asterisk may change during the verification process and may not be reftec(ed on this page. VIRIIII0WOKIIII? 05/02/2012 12:07:27 PM CUMBERLAND COUNTY InstA2011 X1233 - Page 3 of 3 ALL THAT CERTAIN tract or parcel of land and prernises, situate, lying and being in the of Camp Hill in theCounty of Cumberland and Commonwealth of Pennsylvania, more pE described as follows: BEGINNING at a point on the Western boundary line of Thirty First Street, formerly Girard Avenu saidpoint being three hundred six and seven tenths (306.7) feet measured Southwardly along Thir First Street from the Southwest corner of Chestnut Street and Thirty First Street; THENCE in Westerly direction along a line at right angles to Thirty First Street two hundred thirty seven and fn tenths (237.5) feet to a point on the Eastern boundary be of a fifteen (15) feet wide alley, THENC in a Northerly direction along said alley forty and seven tenths (40.7) feet to a point; THENCE an Easterly direction along aline at right angles to Thirty First Street two hundred twenty nine ar eight tenths (229.8) feet to a point on the Western boundary line of Thirty First Street; THENCE a Southerly direction along Thirty First Street forty (40) feet to a point, the Place of BBGINNIN( HAVEING THEREON BRECTED a two story brick dwelling house and two car concrete garage and known as 118 Thirty First Street, Camp Hill, Pennsylvania. Exhibit "A" 05/02/2012 12:07:05 ?M 8K 182PG 1 127 Inst.# 200439511 -Pagel 6 of 15 CUMBERLAND COUNTY 1 Bankof America Home Loans PO Box 9048 Temecula, CA 92569-9048 Send Payments to: P.O. Box 15222 Wilmington, DE 1 9886-522 2 Send Correspondence to: PO Box 5170, MS SV314B Simi Valley, CA 93065 ME,- EXHIBIT F 2261710775 20120503-7 ?Illllll.lllllllr-'III III luln'III '-IIIIIIII.-II,II...III' .... I Michael V Chuklochak 118 South 31 st Street Camp Hill, PA 17011 C3_"445 BLQPA 114091 Bankof America ,• Home Loans P.O. Box 942073 Simi Valley, CA 93094-1288 Michael V Chuklochak 118 South 31st Street Camp Hill, PA 17011 Account Number Michael V Chuklochak 118 South 31st Street Camp Hill, PA 17011 NOTICE OF INTENT TO FORECLOSE MORTGAGE Este es un aviso importante respecto a su derecho de ocupar su case. Favor de traducirlo de inmediato. (This is an Important notice concerning your right to live in your home. Have it translated at once.) Our records indicate that you transferred all or a part of your interest in the above referenced property and/or allowed your m rtgage loan to be assumed; however, you were not released from contractual liability for the loan. Therefore, you are still cont actually responsible for repayment of this debt. We regret to advise you that this loan is in default, and we are prepared to initiate foreclosure proceedings. The following letter was sent to the current owner of the property: The MORTGAGE held by Deutsche Bank (morgan Stanley) (hereinafter we, us or ours) on your property located at 118 So Street Camp Hill, PA 17011 IS IN SERIOUS DEFAULT because you have not made the monthly payments for the months of Monthly Charaes: 12/02/2009 12/02/2011 Send Payments to: P.O. Box 15222 Wilmington, DE 19886-5222 May 3, 2012 Account No.: Property Address: 118 South 31 st Street Camp Hill, PA 17011 Current Servicer: Bank of America, N.A. Late charges and other charges have also accrued to this date in the amount of $571.20 Late Charaes: 02/02/2011 $571.20 Other Charaes: Uncollected Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this $26,669.90. 31 st , is You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $26,669. 0, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either y cash, cashier's check, certified check or money order, and made at Bank of America, N.A. at P.O. Box 15222, Wilming n, DE 1 988 6-522 2. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payr its. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the c ance to pay off the original mortgage in monthly Installments. If full payment of the amount of default is not made within THIRTY (30 DAYS, we also intend to Instruct our attomeys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclo d your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you ure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually inc rred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if hey are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you ure the default within the thirty (30) day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you haven not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the del u/t and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amou t of the This communication is from Bank of America, N.A., the servicer of your home loan. Please write your account number on all checks and correspondence. We may charge you a fee (of up to $40.00) fcr any payment returned or rejected by your financial institution, subject to applicable law. C31445 BLQPAI 14 1 DW42D11 Payment Instructions: • Make your check payable to Bank of America, N.A. • DonY send cash • Please include coupon with your payment For all full month payment periods, interest is calculatedon a monthlybesis. Accordingly, interest for all full months, including February, is calculated as 301380 of annual interest, irrespective of the actual number of days in the month. For partial months, interest calculated r-AlZ daily on m the bens of a 385 day year. LAC Balance Due for charges listed above: $26,669.90 as of M?y 3, 2012. Please updals e-mail informal on on the reverse side Of this coupon. BLQPAI IIIII - `I'II II I"dIII ...III IIILIIIIII I-11111111-111-111-11--1"I Bank of America, N.A. PO BOX 15222 Wilmington, DE 19886-5222 1-800-669-0102 $18,279.84 $7,290.36 $0.00 $528.50 ($0.00) $26,669.90 Atltldional Principai Addr7ional Esaow cnecx Total 038030270300002666990002666990 1: 58 6 9 900 581: 380 30 2 7011' unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale [and perform any other requirements under the mortgage]. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately six (6) months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. 'You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-669-0102. This ?ayment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you d ontinue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPE TY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTI TUTION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT O THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT A -L THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SAL E, [AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE NDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED Y ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Bank of America, N.A., the servicer of your home loan, is required by law to inform you that this communication is fro a debt collector. This communication is from Bank of America, N.A., the servicer of your home loan. E-mail use: Providing your e-mail address below will allow us to send you information on your account. How we post your payments: All accepted Account Number: 38030270 payments of principal and interest w 1l be applied to Michael V Chuklochak E-mail address: the longest outstanding Installmen. due, unless otherwise expressly prohibited or Iim ted by law. If you submit an amount in addition to our scheduled monthly amount, we will apply you payments as follows: (i) to outstanding month) payments of principal and interest, (ii) escrow deli encies, (iii) late charges and other amounts you ow in connection with your loan and (iv) to reduce a outstanding principal balance of your loan. Pleas specify if you want an additional amount applied to f ture payments, rather than principal reduction. Postdated checks: Postdated checks will be processed on the date received nless a loan counselor agrees to honor the date written on the check as a condition of a repayment pl n. Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your income and expense information available so we can discuss which option(s) could work for you. Options to consider if your goal is to stay in your home Imo: 11 0. 1 :.:.::::::.::::;.:;;:•.. 1 Home A federal government program that allows you to repay the loan on newly agreed upon terms, W hich Affordable may include lowering the interest rate, placing past due amounts at the end of the loan, and/or Modification extending the term of the loan. You may be eligible for this program if you meet the following Program requirements: (RAMP) • The home is your primary residence and you currently live in it. • The amount you owe on the first mortgage is equal to or less than $729,750 for a single-fam ily home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or $1,403,400 for a 4 nit property • You have experienced a hardship that has impacted your income. For example, a significan t increase in your mortgage payment OR reduction in your income OR other hardship. • Your mortgage was obtained before Jan. 1, 2009. • Your payment on your first mortgage (including principal, interest, taxes, insurance and homeowner's association dues, if applicable) is more than 31 % of your current gross income . To calculate this, divide your first mortgage payment by your gross income (income before taxe ). Loan If you can bring your loan payments up to date, we will accept the funds needed to bring the loa up Reinstatement to date until the day of your foreclosure sale. Repayment A temporary agreement which allows for the repayment of the unpaid, past due amount along wi th Plan regular mortgage payments. This may include principal, interest, fees, and/or costs assessed to our loan. Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments f or a Forbearance period of time, to allow you to re-establish your ability to make the required payments. Agreement Loan Repay the loan on newly agreed upon terms, which may include lowering the interest rate, placi g Modification amounts past due at the end of the loan, and/or extending the term of the loan. (non-HAMP) Partial Claim If you have a Federal Housing Administration (FHA) loan and your payments are past due but yo u (FHA loans are now able to make your regular monthly mortgage payment, this program is designed to bring your Only) loan up to date by creating a second mortgage/lien on your property for the amount that is past ue. Options to consider if you cannot or do not wish to stay in your home Home Designed to help borrowers who are eligible for the Home Affordable Modification Program (HA P) Affordable but were unsuccessful in securing a permanent modification through the program. HAFA provide s the Foreclosure option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A short sale is a transac ion Alternatives in which you sell your property for less than the total amount owed on the loan (subject to agree ment Program by your servicer/lender/investor), resulting in the release of our lien on your home and avoidance of (HAFA) foreclosure. A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfe r ownership of your property to us in order to avoid foreclosure. Short Sale/ Offered to borrowers who are not eligible for HAMP or other home retention alternatives. With a short Preforeclosure sale, you sell your property for less than the total amount owed on the loan (subject to agreemen t by Sale your servicer/lender/investor), resulting in the release of our lien on your home and avoidance o (non-HAFA) foreclosure. Deed in Lieu of Offered to borrowers not eligible for HAMP or other home retention alternatives, and who were of Foreclosure able to sell the property through a short sale. With a deed in lieu of foreclosure, you agree to (non-HAFA) voluntarily transfer ownership of your property to us in order to avoid foreclosure. ,4' t We are here to help you. Please call us today. 226010775 Hay Opciones Disponibles Para Ayudarle a Evitar la Ejecucion Hipotecaria Liame al numero que aparece en la notificacibn adjunta para obtener mss informacion Cuando (lame, tenga la informacion de sus ingresos y gastos disponibles para qua podamos discutir cual opc16n(es) pueden funcionar para usted. Opciones a considerar si su objetivo es permanecer on su casa ...........,.::...,.. . . ....... ....................... ....................................................... ............. :: :: :: Home Affordable Un programa del gobierno federal qua le permite pagar el pr6stamo bajo los nuevos t6rminos Modification acordados, que pueden incluir la reduccibn de la tasa de inter6s, agregando la cantidad adeu ada Program (HAMP) al final del pr6stamo, y / o extender el plazo del pr6stamo. Usted puede ser elegible para este programa si cumple con los siguientes requisitos: • La casa es su residencia principal y actualmente vive an ella. La cantidad adeudada en la primera hipoteca debe ser igual o menos que $729,750 d6lar s pare una vivienda unifamiliar, $934,200 d6lares para una propiedad de 2 unidades, $1,12 9,250 d6lares para una propiedad de 3 unidades o $1,403,400 para una propiedad de 4 unidad s • Ha experimentado una dificultad que he afectado sus ingresos. Por ejemplo, un aumento significativo en su pago hipotecario O reduccibn de sus ingresos U otras dificultades. • Obtuvo su hipoteca antes del 01 de enero 2009. • Su pago de la primera hipoteca (incluyendo principal, inter6s, impuestos, seguro y cuotas de asociaci6n de propietarics, si se aplica) debe ser m6s del 31 % de sus ingresos brutos act ales. Para calcular esto, divide su pago hipotecario por sus ingresos brutos (ingresos antes de impuestos). Restablecimiento Si usted puede traer sus pagos del pr6stamo hipotecario al dia, se le aceptar6n los fondos del Pr6stamo necesarios para que el pr6stamo este al dia hasta la fecha de la venta judicial. Plan de Pago Un acuerdo temporal qua permite el pago de la cantidad adeudada, cantidad del pago atrasa o junto con los pagos regulares de la hipoteca. Esto puede incluir principal, inter6s, honorarios /c costos aplicados a su pr6stamo. Acuerdo Un acuerdo por el cual nos comprometemos a no proceder con la ejecuci6n hipotecaria y/o Temporal de colecci6n de pagos por un periodo de tiempo, pare permitirle que restablezca su habilidad de Tolerancia hacer los pagos requeridos. Modificaclon de Pagar el pr6stamo bajo los nuevos t6rminos acordados, que puede incluir la reducci6n de la L isa Pr6stamo de inter6s, agregando la cantidad adeudada al final del pr6stamo, y/o extender el plazo del (no por medio pr6stamo. de HAMP) Reclamo Parcial Si usted tiene un pr6stamo de la Administraci6n Federal de Vivienda (FHA) y sus pagos estb (solamente vencidos, pero ahora puede hacer sus pagos regulares mensuales de la hipoteca, este progr ma prestamos de la estb disehado para que su pr6stamo este at dia mediante la creaci6n de una segunda hipote a / FHA) gravamen sobre su propiedad por la cantidad adeudada. Opciones a considerar si no puede o no desea quedarse on su casa LN {. n...... ......:. ?:.::? .. T...... :v::•:r.::L•:?.,,,+.,?:•5:•::::':: NOW ^::ii>: }ii::: };i::G:.:::¢:>: ;::>:,c,::::'L:;? :;v};vii+fi:LLi:j:L%+';i•:.::;i;:: •i: is ?: : is ii:: i::::ii:ii'.u: i::::: ii: +. i:: is iiii:: i•. :••': •; X.X id"I •. ....•?: ..•'.II . ................... i...:... . i ::: .? i:r'Ci:::: <: ...: ..:..............:............... Home ................:....:..:..... :.. :........... :.: .:..... :..... :.:.. :. :..:.:::.:.:. ::..:: ..:.: :.::::::.:.:.:::.:.:.. ........: ...:.... :.: .::.:. :.: ::. :.: ::::. :::::. :::.:: :.:::::: ::.::: :. ::: ::..: ....:: ..:: ..:. DiseFiado pare ayudar a los prestatarios qua son elegibles para el Programa de Home Affordabl ...: ...:: :::. Affordable Modification (HAMP), pero no tuvieron 6xito en obtener una modificaci6n permanente a travbs d el Foreclosure programa. HAFA ofrece la posibilidad de una venta corta y, si no tiene 6xito, una entrega de Alternatives escritura para evitar juicio hipotecario. Una venta corta es una transacci6n en la que usted ven a su Program propiedad por menos de la cantidad adeudada en el pr6stamo (sujeto a previo acuerdo de su (HAFA) administrador / prestamista / inversionista), resultando en la liberaci6n de nuestro derecho de retenci6n sobre su propiedad y evitar la ejecuci6n hipotecaria. Una entrega de escritura pare a itar juicio hipotecario es una transacci6n en la que usted est6 de acuerdo de transferir voluntariame to las escrituras de su propiedad a nosotros con el fin de evitar la ejecuci6n hipotecaria. Vents Corta/ Se ofrece a los prestatarios que no son elegibles pare HAMP u otras alternatives de retenci6n d Venta antes de hogar. Con una yenta corta, usted vende su propiedad por menos de la cantidad total adeudad en Ejecucion el pr6stamo (sujeto a un acuerdo por su administrador / prestamista / inversionista), resultando n la Hipotecaria (no liberaci6n de nuestro derecho de retenci6n sobre su propiedad y evitando la ejecuci6n hipoteca ia. por medio de HAFA) Entrega de Se ofrece a los prestatarios que no son elegibles para HAMP u otras alternatives de retenci6n d Escritura Para hogar, y que no pudieron vender la propiedad a trav6s de una yenta corta. Con una entrega de Evitar Juicio escritura para eviller juicio hipotecario, usted est6 de acuerdo a transferir voluntariamente las Hipotecario escrituras de su propiedad a nosotros para evitar la ejecuci6n hipotecaria. (no por medio de HAFA) Estamos aqui para ayudarle. Por favor llamenos hoy. BankofAmerica -4w Nome Loans PO Box 9048 Temecula, CA 92589-9048 2261710776 Send Payments to: P.O. Box 15222 Wilmington, DE 1 9886-522 2 Send Correspondence to: PO Box 5170, MS SV314B Simi Valley, CA 93065 Denita L Chuklochak 118 South 31 st Street Camp Hilt, PA 17011 M 20120503-7 C3_"445 BLQPA1 14091 Bankof America .010• Home Loans P.O. Box 942073 Simi Valley, CA 93094-1288 Send Payments to: P.O. Box 15222 Wilmington, DE 1 9 8 86-5222 May 3, 2012 Denita L Chuklochak 118 South 31 st Street Camp Hill, PA 17011 Account No.! Property Address: 118 South 31st Street Camp Hill, PA 17011 Current Servicer: Bank of America, N.A. NOTICE OF INTENT TO FORECLOSE MORTGAGE Este as un aviso importante respecto a su derecho de ocupar su case. Favor de traducirlo de inmediato. (This is an Important notice concerning your right to live in your home. Have it translated at once.) Our records indicate that you transferred all or a part of your interest in the above referenced property and/or allowed your mortgage loan to be assumed: however, you were not released from contractual liability for the loan. Therefore, you are still contractually responsible for repayment of this debt. We regret to advise you that this loan is in default, and we are prepared to initiate foreclosure proceedings. The following letter was sent to the current owner of the property: The MORTGAGE held by Deutsche Bank (morgan Stanley) (hereinafter we, us or ours) on your property located at 118 South 31st Street Camp Hill, PA 17011 IS IN SERIOUS DEFAULT because you have not made the monthly payments for the months o Monthly Charges: 12/02/2009 $18,279.84 12/02/2011 $7,290.36 Late charges and other charges have also accrued to this date in the amount of $571.20 Late Charges: 02/02/2011 $571.20 Other Charaes: Uncollected Late Charges: $0.00 Uncollected Costs: $528.50 Partial Payment Balance: ($0.00) TOTAL DUE: $26,669.90 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this etter, is $26,669.90. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $26,669. 0, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either y cash, cashier's check, certified check or money order, and made at Bank of America, N.A. at P.O. Box 15222, Wilming n, DE 1 98 86-522 2. If you do not cure the default within THIRTY (30) DAYS, we intend to exeroise our right to accelerate the mortgage payme ts. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the c ance to pay off the original mortgage In monthly installments. If full payment of the amount of default is not made within THIRTY (30 DAYS, we also intend to instruct our attomays to start a lawsuit to foreclose your mortgaged property. If the mortgage Is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you ure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually Incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if hey are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you ure the default within the thirty (30) day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have n t cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the de_ ult and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amou t of the This communication is from Bank of America, NA., the servicer of your home loan. Please write your account number on all checks and correspondence. We may charge you a fee (of up to $40.00) for any payment returned or rejected by your financial institution, subject to applicable law. C3_1445 BLQPAI 14 91 08142011 Payment Instructions: • Make your check payable to Bank of America, NA. • Don't send cash • Please include coupon with your payment For all full month payment periods, interest is calculated on a monthlybasis. Accordingly, interest for all full months, including February, is calculated as 301360 of annual interest, irrespective of the actual number of days in the month. For partial months, interest is calculated daily on the basis of a 365 day year. Account Numbet Denita L ChuklocnaK 118 South 31 st Street Camp Hill, PA 17011 Balance Due for charges listed above: $26,669.90 as of M y 3, 2012. Please update e-mail mformalion en the reverse side f this coupon. BLQPAI Ado'itlonal PAnCpal AddUionaf Escrow 17Check Total InIIIIIIII'I...P'II'-I'IIIII '111'II'IIIII 1-1,11-11111I'IIIII11 Bank of America, N.A. PO BOX 15222 Wilmington, DE 19886-5222 1-800-669-0102 038030270300002666990002666990 e: 58 P. 9 900 58a: 3 80 30 2 70lie unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale [and perform any other requirements under the mortgage]. It is estimated that the earliest date that) such a Sheriffs sale could be held would be approximately six (6) months from the date of this Notice. A notice of the date of th Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. Y u may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-669-0102. This p yment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you Oontinue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPE TY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTI UTION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT -To THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT AIL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, [AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED Y ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you ?re not entitled to this right to cure your default more than three times in any calendar year. Bank of America, N.A., the servicer of your home loan, is required by law to inform you that this communication is from a debt collector. This communication is from Bank of America, N.A., the servicer of your home loan E-mail use: Providing your e-mail address below will allow us to send you information on your account. How we post your payments: All accepted Account Number: 38030270 payments of principal and interest I be applied to Denita L Chuklochak E-mail address: the longest outstanding Installmen due, unless otherwise expressly prohibited or lim ted by law. If you submit an amount in addition to our scheduled monthly amount, we will apply you payments as follows: (1) to outstanding month) payments of principal and interest, (ii) escrow deft encies, (iii) late charges and other amounts you ow in connection with your loan and (iv) to reduce a outstanding principal balance of your loan. Pleas specify if you want an additional amount applied to f ture payments, rather than principal reduction. Postdated checks: Postdated ecks will be processed on the data received mess a loan counselor agrees to honor the date written on the check as a condition of a repayment pl n. Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your income and expense information available so we can discuss which option(s) could work for you. Options to consider if your goal is to stay in your home dil •>:: in. . :. : Home A federal government program that allows you to repay the loan on newly agreed upon terms l cn Affordable may include lowering the interest rate, placing past due amounts at the end of the loan, and/or Modification extending the term of the loan. You may be eligible for this program if you meet the following Program requirements: (RAMP) The home is your primary residence and you currently live in it. • The amount you owe on the first mortgage is equal to or less than $729,750 for a single-fam ly home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or $1,403,400 for a 4 nit property • You have experienced a hardship that has impacted your income. For example, a significan increase in your mortgage payment OR reduction in your income OR other hardship. • Your mortgage was obtained before Jan. 1, 2009. • Your payment on your first mortgage (including principal, interest, taxes, insurance and homeowner's association dues, if applicable) is more than 31 % of your current gross income . To calculate this, divide your first mortgage payment by your gross income (income before taxes ), Loan If you can bring your loan payments up to date, we will accept the funds needed to bring the loo up Reinstatement to date until the day of your foreclosure sale. Repayment A temporary agreement which allows for the repayment of the unpaid, past due amount along wi h Plan regular mortgage payments. This may include principal, interest, fees, and/or costs assessed to our loan. Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments f r a Forbearance period of time, to allow you to re-establish your ability to make the required payments. Agreement Loan Repay the loan on newly agreed upon terms, which may include lowering the interest rate, placin g Modification amounts past due at the end of the loan, and/or extending the term of the loan. (non-HAMP) Partial Claim If you have a Federal Housing Administration (FHA) loan and your payments are past due but yo u (FHA loans are now able to make your regular monthly mortgage payment, this program is designed to bring your Only) loan up to date by creating a second mortgage/lien on your property for the amount that is past ue. Options to consider if you cannot or do not wish to stay in your home Home Designed to help borrowers who are eligible for the Home Affordable Modification Program (HA P) Affordable but were unsuccessful in securing a permanent modification through the program. HAFA provide s the Foreclosure option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A short sale is a transac ion Alternatives in which you sell your property for less than the total amount owed on the loan (subject to agree ment Program by your servicer/lender/investor), resulting in the release of our lien on your home and avoidance of (HAFA) foreclosure. A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfe r ownership of your property to us in order to avoid foreclosure. Short Sale/ Offered to borrowers who are not eligible for HAMP or other home retention alternatives. With a hort Preforeclosure sale, you sell your property for less than the total amount owed on the loan (subject to agreemen t by Sale your servicer/lender/investor), resulting in the release of our lien on your home and avoidance o (non-HAFA) foreclosure. Deed in Lieu of Offered to borrowers not eligible for HAMP or other home retention alternatives, and who were of Foreclosure able to sell the property through a short sale. With a deed in lieu of foreclosure, you agree to (non-HAFA) voluntarily transfer ownership of your property to us in order to avoid foreclosure. We are here to help you. Please call us today. 2261L710776 Hay Opciones Disponibles Para Ayudarle a Evitar la Ejecucion Hipotecaria Liame al n6mero que aparece en la notificaci6n adjunta para obtener mss informaci6n Cuando llama, tenga la informaci6n de sus ingresos y gastos disponibles para qua podamos discutir cual opci6n(es) pueden funcionar para usted. Opciones a considerar si su objetivo es permanecer en su casa +.?i:•:•:•i. .. :ry':•L'v:;>:i:L+2;::yY;i <i Cii:ti$i;ii::iiii'::{::::::::i::::v: :% :3i;i;ii »;;;::i:e::•.; ?::::3i:;:;:i;;::>?;;::::::>::: i. .: :: :::::: :::::::.................................... ....................................................... : ? :::::: ::.:::::::: ?:::: ?::: ::w iiii:•>:•i..... ... ::::::i:{t:::::: ........... iS:!.?:•?iiiii Home Affordable . . . . ?::::. :::.? . .. Un programa del gobierno federal qua le permite pagar el pr6stamo bajo los nuevos t6rminos Modification acordados, qua pueden incluir la reducci6n de la tasa de inter6s, agregando la cantidad adeu ada Program (HAMP) al final del pr6stamo, y / o extender el plaza del pr6stamo. Usted puede ser elegible pare este programa si cumple con los siguientes requisitos: • La case as su residencia principal y actualmente vive an ella. • La cantidad adeudada an la primera hipoteca debe ser igual o menos que $729,750 d6lar s pare una vivienda unifamiliar, $934,200 d6lares para una propiedad de 2 unidades, $1,129 ,250 d6lares pare una propiedad de 3 unidades o $1,403,400 para una propiedad de 4 unidade • He experimentado una dificultad qua ha afectado sus ingresos. Par ejemplo, un aumento signifcetivo en su pago hipotecario O reducci6n de sus ingresos U otras dificultades. • Obtuvo su hipoteca antes del 01 de enero 2009. • Su pago de la primera hipoteca (incluyendo principal, inter6s, impuestos, seguro y cuotas e asociaci6n de propietarios, si se aplica) debe ser mss del 31% de sus ingresos brutos act ales. Para calcular esto, divide su pago hipotecario par sus ingresos brutos (ingresos antes de impuestos). Restablecimiento Si usted puede traer sus pagos del pr6stamo hipotecario al dia, se le aceptar6n los fondos del Pr6stamo necesarios pare que el pr6stamo este al dia haste la fecha de la venta judicial. Plan de Pago Un acuerdo temporal qua permite el pago de la cantidad adeudada, cantidad del pago atrasa junto con los pagos regulares de la hipoteca. Esto puede incluir principal, inter6s, honorarios o costos aplicados a su pr6stamo. Acuerdo Un acuerdo par el cual nos comprometemos a no proceder con la ejecuci6n hipotecaria y/o Temporal de colecci6n de pagos par un periodo de tiempo, pare permitirle qua restablezca su habilidad de Tolerancia hacer [as pagos requeridos. Modlficaci6n de Pagar el pr6stamo bajo ]as nuevos t6rminos acordados, que puede incluir la reducci6n de la t sa Pristamo de inter6s, agregando la cantidad adeudada al final del pr6stamo, y/o extender el plaza del (no por medio pr6stamo. de HAMP) Reclamo Parcial Si usted tiene un pr6stamo de la Administraci6n Federal de Vivienda (FHA) y sus pagos est6n (solamente vencidos, pero ahora puede hacer sus pagos regulares mensuales de la hipoteca, este progr ma prestamos de la est6 diserlado pare que su pr6stamo este al dia mediante la creaci6n de una segunda hipotec / FHA) gravamen sabre su propiedad par la cantidad adeudada. Opciones a considerar si no puede o no desea quedarse en su casa :i::ii.:xi::r<:i is ;:ii:::c:::i::i:zzx:isii: ? zi<:?;x::>:: ?%:>i: ?:: ? r i •:: ?::i::si r i::ir•:ii ii;::ii iii::ii:x:i: :. i ......................................:,................., ..... . Home ..................................... . Diserlado pare ayudar a los prestatarios qua son elegibles pare el Programa de Home Affordabl e Affordable Modification (HAMP), pero no tuvieron 6xito an obtener una modificaci6n permanente a trav6s d al Foreclosure programa. HAFA ofrece la posibilided de una venta corta y, si no tiene 6xito, una entrega de Alternatives escritura para evitar juicio hipotecario. Una venta corta es una transacci6n en la que usted ven a su Program propiedad par menos de la cantidad adeudada an el pr6stamo (sujeto a previc acuerdo de su (HAFA) administrador / prestamista / inversionista), resultando an la liberaci6n de nuestro derecho de retenci6n sabre su propiedad y evitar la ejecuci6n hipotecaria. Una entrega de escritura pare a iter juicio hipotecario es una transacci6n an la qua usted est6 de acuerdo de transferir voluntariame to las escrituras de su propiedad a nosotros con el fin de evitar la ejecuci6n hipotecaria. Vents Corte/ Se ofrece a los prestatarios que no son elegibles pare HAMP u otras alternatives de retenci6n d Venta antes de hogar. Con una venta corta, usted vende su propiedad par menos de la cantidad total adeudad an Ejecuci6n el pr6stamo (sujeto a un acuerdo par su administrador / prestamista / inversionista), resultando a n la Hipotecaria (no liberaci6n de nuestro derecho de retenci6n sabre su propiedad y evitando la ejecuci6n hipoteca ia. por medio de HAFA) Entrega de Se ofrece a los prestatarios qua no son elegibles pare HAMP u otras alternativas de retenci6n d Escritura Para hogar, y que no pudieron vender la propiedad a trav6s de una venta corta. Con una entrega de Evitar Juicio escritura pare evitar juicio hipotecario, usted est6 de acuerdo a transferir voluntariamente las Hipotecario escrituras de su propiedad a nosotros pare eviler la ejecuci6n hipotecaria. (no por medlo de HAFA) Estamos aqui para ayudarle. Por favor llamenos hoy. 1664 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-HEl 475 Crosspoint Parkway Getzville, NY 14068, Plaintiff, THE COURTS Vs. Michael V. Chuklochak, Original Mortgagor 118 South 31 St Street Camp Hill, PA 17011, and Denita L. Chuklochak, Original Mortgagor and Real Owner 118 South 31 St Street Camp Hill, PA 17011, C') C N ?r N ?= w Gd xG Defendants 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 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 extensio 2510 and request appointment of a legal representative at no charge to you. once you have beer 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 within twenty (20) days of the appointment date. During that meeting, you must FORM 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL rr? r`~° -, 01:. ryi PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 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 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 representativf 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 Conferenc with the Court, which must be filed with the Court within sixty (60) days of the service upon 3 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 forty: IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully 121A i I" Date Patric Esquire Milstead & so iates, LLC 220 Lake Dri e ast, Suite 301 Cherry Hill, 08002 856-482-1400 856-482-9190 (f) PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 THE COURTS FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # 1 BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your 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: Home: Cell: Office: Other: How long? First Mortgage Lender: Tvne of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Tvne of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Pavment: State: Zip: Yes ? No ? Listing date: Price: $ Realtor Phone: Yes ? No ? State: Zip: Home: Office: Cell: Other: How long? Zip: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? 45.19796 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 1666 THE COURTS If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount Owed: _ Value: Automobile #2: Model: Amount Owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount Owed: Value Monthly Income Name of Employees: 1 I_ 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 2n Mortgage Utilities Car Payment(s) Condo/Nei . Fees Auto Insurance Med. not covered Auto fuel/re airs Other prop. payment Install. Loan Payments Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: C.numelor- Phone (Office): Fax: 45.19796 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 Year: Year: 2 THE COURTS Email: 1 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 know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: ? Proof of income ? Past 2 bank statements ? Proof of any expected income for the last 45 days ? Copy of a current utility bill ? Letter explaining reason for delinquency and any supporting documentation (hardship letter) ? Listing agreement (if property is currently on the market) Phone: Phone: Date PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 ~ __ SHERIFF'S OFFICE OF CUAIIBERLAND COUNTY ', Ronny R Anderson F f{, -.~I~~ Sheriff t~1;,,, %?~ ~~ ~~~~~~,~i~~' ~4tyttitr 4 L~rf~~+A Jody S Smith ~:. , ~~:.,~ 2i~~~ AUG 28 AM 9~ 28 Chief Deputy J~a1 i~.1q, 4 Richard W Stewart ''" ~~~ .: ~~~ ~~~YY Solicitor c~rr,cE ~ ..c s~~~tr¢ ~ .`~'(.~AtNfil~- Deutsche Bank National Trust Company Case Numbe vs. 2012-4553 Michael V Chuklochak (et al.) SHERIFF'S RETURN OF SERVICE 07/31/2012 07:20 PM -Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michael V. Chuklochak, but was una le to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Mich el V. Chuklochak. Deputies attempted service at 118 S. 31st Street, Camp Hill, Pennsylvania 17011 on my 31, 2012 at 1920 hours. Michael V. Chuklochak was not found at this residence. Michael V. Chuklochak's ex wife advised Deputies, he is thought to be residing in North Carolina since August 20 1. 08/06/2012 05:05 PM -Robert Bitner, Deputy Sheriff, who being duly swom according to law, s#ates that on August 2012 at 1705 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice' Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Denita Chuklochak, by making known unto herself personally, at 118 S. 31st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. _ SHERIFF COST: $64.00 SO ANSWERS, a~~11-- August 10, 2012 RONI~'S~ R ANDERSON, SHERIFF 6, of L. f~l CcuntySuite SheriN, "feleosoft, Inc. c _ _ MILSTEAD& ASSOCIATES, LLC �;• BY: Patrick J. Wesner, Esquire ID No. 203145 �` •4 220 Lake Drive East, Suite 301 r•! +',w' t.° �f Cherry Hill,NJ 08002 PEMAIS y( V (856)482-1400 Attorney for Plaintiff ` t,�A File No. 8.19796 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR THE CUMBERLAND COUNTY HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1, MORTGAGE PASS- THROUGH CERTIFICATES,SERIES 2005-HE1, No.: 2012-04553 Plaintiff, Praecipe to Reinstate Complaint in Vs. Mortgage Foreclosure Michael V. Chuklochak, Original Mortgagor and Denita L. Chuklochak, Original Mortgagor and Real Owner, Defendants. TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. MILSTEAD &ASSOCIATES, LC Patrick J. Wesner, EAluirc, Attorney ID No. 200 45 —1-A C, MILSTEAD & ASSOCIATES, LLC BY:D No. 155011 Wlliams, Esquire 200� GI��`�� 220 Lake Drive East, Suite 301 1 JO 15 ' Cherry Hill,NJ 08002 `�`�` ' 'ER ' 15' 5 7 (856)482-1400 PENNs/ coup- Attorney p for Plaintiff File# 8.19796 /A DEUTSCHE BANK NATIONAL TRUST ? COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR THE CUMBERLAND COUNTY HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1, MORTGAGE PASS-THROUGH No.: 2012-04553 CERTIFICATES,SERIES 2005-HE1 Plaintiff, Vs. Michael V. Chuklochak, Original Mortgagor Denita L. Chuklochak, Original Mortgagor and Real Owner Defendant. MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 and R.C.P. 3129.2 (c)(1)(i)(C). TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, comes Plaintiff, by its attorney Robert W. Williams, Esquire, and moves this Honorable Court for an Order permitting Alternative Service upon the Defendant, Michael V. Chuklochak, by posting and tacking a copy of the Complaint and all subsequent pleadings that require personal service upon the property known as 118 South 31St Street, Camp Hill, PA 17011 ("Premises") and by regular and certified mail to the Premises and all known addresses for the Defendant, and avers in support thereof: 1. Plaintiff filed suit against the Defendant in Mortgage Foreclosure. 2. Plaintiff is the mortgagee. 3. Plaintiff has made attempts to effectuate service of the Complaint upon Defendant, Michael V. Chuklochak. Service was attempted on the Defendant at property address of 118 South 31St Street, Camp Hill, PA 17011. A copy of the Sheriff's Return is attached herewith and made a part hereof as Exhibit"A." 4. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit"B" and made a part hereof. Said investigation revealed an alternate address of 9300 Cedar River Road, Huntersville,NC 28078. 5. Plaintiff has made attempts to effectuate service of the Complaint upon Defendant, Michael V. Chuklochak. Service was attempted on the Defendant at 9300 Cedar River Road, Huntersville,NC 28078. A copy of the Service Return is attached herewith and made a part hereof as Exhibit"C." 6. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. 7. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendant and by posting at the mortgaged property. 8. Pennsylvania Rule of Civil Procedure 3129.2 (c)(1)(i)(C) states that when service by special order of the court is permitted, a notice of sheriff's sale may be served in the same manner, without further application to the court. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant, Michael V. Chuklochak, by posting and tacking a copy of the Complaint and all subsequent pleadings in mortgage foreclosure that require personal service on the mortgaged premises known as 118 South 31St Street, Camp Hill, PA 17011 (the "Premises") and by regular and certified mail to the Premises and 9300 Cedar River Road, Huntersville,NC 28078. Respectfully submitted, STEAD : ' SSO I TES, LLC 41111r vow obert W. Williams, Esquire Attorney ID No.: 315501 R..-x».-.-gym--n _.,., ..sue.,, .. �Ma�s. _ +wu..awrc..im arcerFS.Y±kw.t+ve < m. ,<.. MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856) 482-1400 Attorney for Plaintiff File# 8.19796 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR THE CUMBERLAND COUNTY HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1, MORTGAGE PASS- THROUGH No.: 2012-04553 CERTIFICATES,SERIES 2005-HE1 Plaintiff, Vs. Michael V. Chuklochak, Original Mortgagor Denita L. Chuklochak, Original Mortgagor and Real Owner Defendant. AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE STATE OF NEW JERSEY SS COUNTY OF CAMDEN I, Robert W. Williams, Esquire, being duly sworn according to law, hereby depose and say that the facts set forth below are true and correct to the best of my knowledge, information and belief 1. Plaintiff filed suit against the Defendant in Mortgage Foreclosure. 2. Plaintiff is the mortgagee. 3. Plaintiff has made attempts to effectuate service of the Complaint upon Defendant, Michael V. Chuklochak. Service was attempted on the Defendant at property address of 118 South 31St Street, Camp Hill, PA 17011. A copy of the Sheriff's Return is attached herewith and made a part hereof as Exhibit"A." 4. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit"B" and made a part hereof. Said investigation revealed an alternate address of 9300 Cedar River Road, Huntersville,NC 28078. 5. Plaintiff has made attempts to effectuate service of the Complaint upon Defendant, Michael V. Chuklochak. Service was attempted on the Defendant at 9300 Cedar River Road, Huntersville,NC 28078. A copy of the Service Return is attached herewith and made a part hereof as Exhibit"C." 6. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. 7. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendant and by posting at the mortgaged property. 8. Pennsylvania Rule of Civil Procedure 3129.2 (c)(1)(i)(C) states that when service by special order of the court is permitted, a notice of sheriffs sale may be served in the same manner, without further application to the court. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. • stead &Associates, LLC Robert W. Williams, Esquire Attorney ID No.: 315501 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff File# 8.19796 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR THE CUMBERLAND COUNTY HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1, MORTGAGE PASS-THROUGH No.: 2012-04553 CERTIFICATES,SERIES 2005-HE1 Plaintiff, Vs. Michael V. Chuklochak, Original Mortgagor Denita L. Chuklochak, Original Mortgagor and Real Owner Defendant. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE I. INTRODUCTION This matter comes before the Court upon the Motion of Plaintiff, for an order permitting special service pursuant to Pa.R.C.P. 430(a) and 3129.2 (c)(1)(i)(C)upon the Defendant, Michael V. Chuklochak(the "Defendant"). II. FACTS Plaintiff filed suit against the Defendant in Mortgage Foreclosure. Plaintiff is the mortgagee. Plaintiff has made attempts to effectuate service of the Complaint upon Defendant, Michael V. Chuklochak. Service was attempted on the Defendant at property address of 118 South 31St Street, Camp Hill, PA 17011. A copy of the Sheriff's Return is attached herewith and made a part hereof as Exhibit"A." Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit`B" and made a part hereof. Said investigation revealed an alternate address of 9300 Cedar River Road, Huntersville,NC 28078. Plaintiff has made attempts to effectuate service of the Complaint upon Defendant, Michael V. Chuklochak. Service was attempted on the Defendant at 9300 Cedar River Road, Huntersville,NC 28078. A copy of the Service Return is attached herewith and made a part hereof as Exhibit"C." Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendant and by posting at the mortgaged property. Pennsylvania Rule of Civil Procedure 3129.2 (c)(1)(i)(C) states that when service by special order of the court is permitted, a notice of sheriff's sale may be served in the same manner, without further application to the court. III. LEGAL ARGUMENT According to Pa.R.C.P. 430(a), a plaintiff may petition the court to provide an alternative method of service if the plaintiff cannot effectuate service upon the Defendant. The rule requires the affidavit presented in support of the motion for alternative service to state"the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made."Pa.R.C.P. 430(a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Rule 430 provides in pertinent part: If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a). It is well settled that, pursuant to Pa.R.C.P. 430(a), a method of substituted service which is reasonably calculated to give actual notice depending upon"what is reasonable under the circumstances, considering the interest at stake and the burden of providing notice" is acceptable. Romeo v. Looks, 369 Pa. Super. 608, 616 (1987). If it is determined that service of the Complaint by special order of the court is appropriate, then service of the notice of sheriffs sale may be served in the same manner. Pa. R.C.P. 3129.2 (c)(1)(i)(C). ("[i]f a defendant has been served with original process pursuant to a special order of court under Rule 430, subdivision(c)(1)(i)(C) provides further that the notice of sale may be served in the manner provided by the order of court for service of original process. It is not necessary to return to the court for a second order of service.") (comments to Pa. R.C.P. 3129.2) The instant matter is a mortgage foreclosure action. Clearly, service upon the Defendant at the property subject to the action is reasonably calculated to provide notice to the Defendant in light of the efforts already made by the Plaintiff to effectuate personal service. Plaintiff has attached an affidavit to its Motion which sets forth the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants. The Motion and the affidavit illustrate that Plaintiff has made a good faith effort to effectuate service under normal methods. Substituted service in this instant is appropriate under Pa.R.Civ.P. 430(a) and 3129.2 (c)(1)(i)(C). IV. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rules of Civil Procedure 430 and 3129.2 (c)(1)(i)(C) directing service of the Complaint and all subsequent pleadings which require personal service by certified and regular mail to the mortgaged premises for Defend. • .'y .e sting the mortgaged premises. Iv i Bert W. Williams, Esquire Attorney ID No.: 315501 MILSTEAD &ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff File No. 8.19796 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR THE CUMBERLAND COUNTY HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1, MORTGAGE PASS- THROUGH No.: 2012-04553 CERTIFICATES,SERIES 2005-HE1 Plaintiff, Vs. Michael V. Chuklochak, Original Mortgagor Denita L. Chuklochak, Original Mortgagor and Real Owner Defendant. CERTIFICATE OF SERVICE I, Robert W. Williams, Esquire, counsel for Plaintiff, hereby certify that a copy of the foregoing Motion for Alternative Service was served on the following person by first class mail, postage prepaid, on the day of V1 , 2014. Michael V. Chuklochak 118 South 31St Street Camp Hill, PA 17011 Michael V. Chuklochak 9300 Cedar River Road Huntersville,N : :0 8 _ Robert W. Willia , Esquire Attorney ID No.: 315501 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ��tr0., a Cutihtrirzffe -r- c Y C� Jody S Smith 1 Chief Deputy -. Richard W Stewart OFFICE OF TEE st€ERIFF Deutsche Bank Natioral Trust Company Case Number vs. Michael V Chukbchak(et a.) 2012-4553 SHERIFF'S RETURN OF SERVICE 07/31/2012 07:20 PM-Rorny R.Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michae'V. Chuklochak, but was unable to locate him in his bailiwick. He ther&ore returns the within Complaint in Mortgage Foreclosure and Notice of Residantial Mortgage Foreclosure Diversion P-ogran as not found as to the defendant Michael V. Chuklochak. Deputies attempted service at 118 S. 31st Street, Camp -fill, Pennsylvania 17011 on July 31, 2012 at 1920 hours. Michael V. Chuklochak was not found at this residence. Michael V. Chuklochak's ex wife advised Deputies, he is thought to be residing in North Carolina since August 2011. 08/06/2012 05:05 PM-Robert Bilner, Deputy Sheriff,who being duly sworn according to law, states that on August 6, 2012 at 1705 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named cefendant,to wit: Denita L. Chuklochak, by making known unto herself personally, at 118 S. 31st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. R BERT BITNER, DEF SHERIFF COST:$64.00 SO ANSWERS, August 10, 2012 RONNY R ANDERSON, SHERIFF • (c;CountySWte Shenf,Teleosok,Inc. EXHIBIT "B" RMT SERVICES LLC "You Seek and TAe Find' Number: 45.19796 Date: July 30, 2012 Plaintiff: Bank of America Vs.Defendant: Michael Chuklochak Denita Chuklochak County: Cumberland Person to Locate: Michael Chuklochak XXX-XX-XXXX AFFIDAVIT OF GOOD FAITH INQUIRY LAST KNOWN ADDRESS 1) 118 South 31st Street,Camp Hill.PA 17011 SEARCH OF LOCAL TAX AUTHORITY Inquiry with local lax office was inconclusive due to the lack of records available for Cumberland County. INQUIRY OF THE CREDIT BUREAU Inquiry with credit bureau,confirms the most current mailing address for Michael Chuklochak as address #1 listec above. Please see document attached. No social security number was available for Michael Chuklochak. SEARCH OF LOCAL PHONE DIRECTORY AND OPERATOR INQUIRY The telephone company operator has address#1 above listed to Michael Reber, but a(hone number is unavailable. (814)270-3052,(717) 802-4348, (882) 300-8194,(717) 802-6109 are four phone numbers used from the credit bureau listings. VERBAZ-TELEPH-ONEINQTJIR S7CONTACTSc (814)270-3052: 7-30-12 at 3:54 p.m. person you called is unavailable, try call again later. (717) 802-4348: 7-30-12 at 3:52 p.m. automated voice message system, "Lindsey" (882) 800-8194: 7-30-12 at 3:54 p.m. not a valid number (717) 802-6109: 7-30-12 at 3:55 p.m. not in service Neighbors closest to 118 South 31st Street 116 South 31st Street: 7-30-12 at 3:55 p.m. female had no idea 119 South 31st Street: 7-30-12 at 3:56 p.m. female had no idea 120 South 31st Street: 7-30-12 at 3:57 p.m. answering machine I CERITFY INDER PENALTY CF PERJURY,THAI THE FOREGOING IS 'UE AND CCRRECT,-O I •?ST TF MY KNORLEDGE.I UNDERSTAND FALSE STATEMENTS HEREIN ARE MADE SJBJECT TO THE PENALTIES RELATING TO UN C' IO.TO 0 TIES AFFIANT: �`►����,`� Li SA ANN THOMAS avne Huber ID#2379717 SEE band subscribed n,�Y P,'g1COF 3 be• :�this 11 ��- .. •� , Name&Address Telephone Dale Reported MICHAEL CHUKLOCHAK r I 9300 CEDAR RIVER RD . .: . .. - . (814) 270-3052 : 05/18/2012 • • - . . : HUNTERSV.LLE, NC 23078-7847 ... : :• ..• i MICHAEL V CHUKLOCHAK 118 31ST S'" • • . ..- • • . „ 01/11/2012 : - . : CAMP HILL, PA 17011 . . . MICHAEL V CHUKLOCHAK 118 21ST S . • .:•• . .. 08/14/2011 CAMP HILL, PA 17011 ..: .: . : . .. .. - . .. . MICHAEL V CHUKLOCHAK .. : - . 4. 118 S 31ST ST .. . : . . . . • . 08/11/2011 • : - .•• CAMP HILL, PA 17011 • : - : • : . • : : . .-, MICHAEL CHUKLOCHAK 69 SCHRADER AVE (717) 802-4348 :- . 08/03/2011 JDHNSTOWN, PA 15902-3347 ...• , . MICHAEL CHUKLOCHAK 118 S 31ST ST (717) 802-4348 05/16/2011 CAMP HILL,PA 17011 MICHAEL V CHUKLOCHAK • i..- 118 31ST ST I . . 1 01/24/2011 (717) 802-4348 : : - . - - ---- i--CAMP-1-11ELT-PA-17041-- - - - -- : i . MICHAEL CHUKLOCHAK 118 S 31ST ST • : . (717) 802-4348 .. 12/20/2010 ..••• CAMP HILL,PA 17011 : ...• • ■ .• MICHAEL CHUKLOCHAK 118 31ST S I , (717) 802-4348 11/24/2010 CAMP HILL, PA 17011 ..- • - MICHAEL CHUKLOCHAK .: ..• 118 31ST ST ; - • .. „• 06/14/2010(717) 802-4348 : . . : ..• . . . : CAMP HILL, PA 17011 : ...• - : . : .. .. • • . MICHAEL CHUKLOCHAK 118 31ST ST .. : . . , • • (717) 802-4348 , • . . 05/14/2010 CAMP HILL,PA 17011 : I . . • . . MICHAEL V CHUKLOCHAK 118 31ST ST . . 02/16/2010 ; • CAMP HILL,PA 17011 .• . • • . . MICHAEL CHUKLOCHAK 118 31ST ST • (717) 802-4348 02/02/2010 CAMP HILL,PA 17011 . , ; • ; I . MICHAiiVCHUK10 CHAK--- 118 31ST ST .. 11/13/2009 • • CAMP HILL,PA 17011 .. ; • • .. . . : MICHAEL CHUKLOCHAK .. • ; I : 118 S 31ST ST • : (882) 800-8194 • 11/10/2009 • : CAMP HILL,PA 17011-4509 • MICHAEL V CHUKLOCHAK 118 31ST ST .. . i • (717) 802-4348 • . 11/06/2009 CAMP HILL,PA 17011 .•• : i ; ••••• . I i .: . ----••-- ' • _ MICHAEL V CHUKLOCHAK • • i .. 1 • 118 31 ST . .; • 11/05/2009 • • CAMP HILL,PA 17011 . • • . I . : - -- 1-MICHAEL CHUKLOCHAK---- -- -- - ---1 _ ..'' 118 S 31 ST 11/03/2009 : I CAMP HILL,PA 17011 • . I • ,--- MICHAEL CHUKLOCHAK : 1 118 S 31ST ST • . I • : , 03/06/2009 CAMP HILL, PA 17011 .. • • . . • • • • • - . . - . . : MICHAEL V CHUKLOCHAK • .. • I . i 118 31ST ST • • . : • . i • . (717) 8D2-6109 : • • . 12/21/2008 CAMP HILL,PA 17011 .1 . .• :• : 1 ..____ • 1 MICHAEL CHUKLOCHAK 11/17/2008 i ' . . • . . 118 31ST ST , . CAMP HILL,PA 17011 .:-• ..•-• :-•: ...• . . ...••• : ..-• 1 ..••- ., .. . : . : MICHAEL CHUKLOCHAK ..i• 118 S 31ST ST .•.••• . . ..• ..• .:•• : . ...-• 04/15/2008 ...• .., CAMP HILL,PA 17011 ..• : ...• ...• ...•- .. :• ...-. . . .•• : . :••• ..••- ,• ... 1 MICHAEL V CHUKLOCHAK - 118 31S T ST : ..• : ...• ..; :• (717) 802-6109 : :.• - . 03/24/2008 : CAMP HILL, PA 17011 • . ..••• . s.. ...•- ..-• : MICHAEL CHUKLOCHAK 11831ST ST • . • i• ..•-• : .. . 02/21/2007 • .•- ...• : CAMP HILL, PA 17011 .-.- : I ..• ..-•• . ..••• ...' . .:•• I MICHAEL CHUKLOCHAK ..-• ...•• . :•••- 118 31ST ST ...-- .--• : ...• . : 03/09/2006 : ..-• ,•-• ...- ..•- : . ..•-- CAMP HILL,PA 17011 .•••- : ..• . ; .: . . : ...• , :•• ...- : MICHAEL CHUKLOCHAK 118 S 31ST ST ! ..• 03/03/2006 ...• .• ..••• • • CAMP HILL,PA 17011 , ...•• .., ...• , i .••• : • 1 I MICHAEL CHUKLOCHAK 118 S 31S T .. ..•„ i .••: ..• : i• 03/03/2006 • ..--• ,• CAMP. HILL, PA 17011 1 .:•• .•• • .. . MICHAEL CHUKLOCHAK -I 118 SOUTH 31ST ST 07/05/2006 CAMP HILL, PA 17011 1 i 1 i ... : MICHAEL CHUKLOCHAK . 1185 31 S T S T . ,•••• : ... : . • :-.• 07/04/2006 CAMP HILL, PA 17011 ...- .• .•••- . . :••• .s• MICHAEL CHUKLOCHAK 118 S 31 ST : .:• .:: .. 07/04/2006 ..••• CAMP HILL,PA 17011 ..•-•- .. .•••' • ..• . 1 .: ..••• .-- . . : MICHAEL CHUKLOCHAK 118 S 31S T ST .. 05/22/2006 • 1 , CAMP HILL, PA 17011 ..- : .• - , MICHAEL V CHUKLOCHAK 1 : 118 31ST ST .. . i 04/14/2006 CAMP HILL, PA 17011 ..-. „ ..•" .:- .:- .. ..- • I : : • I : r--' MICHAEL V CHUKLOCHAK i• • 118 31 ST • • . ..: 1 ..••• . 03/06/2006 I ..1 CAMP HILL, PA 17011 .-.: • : .. .•• : : ..--- ..• :..- • - : ... _ . „ MICHAEL V CHUKLOOHAK : • • . . , „-- ..•••' . . .••• ..• • 03/04/2006 .•••• CAMP HILL, PA 17011 .:". .••• I i .. .••• .•••• . 1 ..••• MICHAEL VINCENT CHUKLOCHAK 118 31ST S .•. : : . 03/04/2006 CAMP HILL, PA 17011 .•-• ..• MICHAEL CHUKLOCHAK .:••. 118 18TH ST ..••• : : 1 . • ..: „•- 02/13/2006 : ..: CAMP HILL, PA 17011 ..••- „ ..•- .:•• : I : . MICHAEL CHUKLOCHAK : r 118 SOUTH 31ST STREET : - • : ..••• 01/26/2006 CAMP HILL, PA 17011 . ..: : I ..- .•-• 1 ..••- MIKE CHUKLOCHAK : _ : . : :' " 118_31ST_S7 .. _ _______ 12/28/2005 CAMP HILL, PA 17011 ...• : .., ... . . MICHAEL V CHUKLOCHAK I I • 118S 31ST ST 10/26/2005 ..: CAMP HILL, PA 17011 1 1 .. : . .-: MICHAEL CHUKLOCAK ..• • 118S 31ST STREET 1 1 10/20/2005 CAMP HILL, PA 17011 .. . : .••• _ . . • MICHAEL V CHUKLOCHAK 118 31ST STREE S 08/10/2005 i . EXHIBIT "C" r 1 235 SOUTH 13TH STREET OP= PHILADELPHIA, PA 19107 NA 'P5 PHONE: (215)546-7400 FAX: (215)985-0169 `Services for Professionals Inc. National Association of Philadelphia Association Professional Process Servers of Professional Process Servers Deutsche Bank National Trust Company, et al • COURT Court of Common Pleas of Pennsylvania • -VS- COUNTY Cumberland County Michael V. Chuklochak, et al • CASE NUMBER 2012-04553 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control# CSI08687-1 COUNTY OF PHILADELPHIA: Reference Number 8.19796 SERVICE INFORMATION On 4 day of December,2013 we received the Reinstated Mortgage Foreclosure Complaint lt1b41LG for service upon Michael V. Chuklochak,Original Mortgagor at 9300 Cedar River Road Huntersville, NC 28078 ***Special Instructions*** n Served Date Time Accepted By: In the manner described below. r j Personally served. Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. J Manager/Clerk of place of residence lodging r Agent or person in charge of office or usual place of business Other Description of Person Age _ Height Weight Race Sex Other Not Served Date lat} 13 Time 5 30 pm Not Served Information Moved n Unknown r No Answer L- Vacant Other The Process Server, being duly sworn, LIANA POMALES Sworn to and subscribed before me this deposes and says that the facts set forth herein are true and correct to the best of their NOTARY PUBLIC Q y knowledge, information and belief. MECKLENBURG COUNTY ( , da of i- NORTH CAROLINA - MY COMMISSION EXPIRES° 't IST 17,201•4 I •Aft, ! Process Server/Sheriff mQ� C/��CY�■ . Public Law Firm Phone (856)482-1400 Fo Patrick J.Wesner, Esquire ServeBy Date 12/27/2013 Milstead and Associates Filed Date 220 Lake Drive East #301,Woodland Falls Corp. Park Reinstated 11/25/2013 Cherry Hill, NJ 08002 ORIGINAL 338MKC MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire () J.4 1 ID No. 315501 220 Lake Drive East, Suite 301 . 7 `+' E (.Af ND ��� �.' Cherry Hill,NJ 08002 PENNS YLVAN f A (856) 482-1400 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR THE CUMBERLAND COUNTY HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1, MORTGAGE PASS- THROUGH CERTIFICATES,SERIES 2005-HE!, No.: 2012-04553 Plaintiff, Vs. Entry of Appearance Michael V. Chuklochak, Original Mortgagor, and Denita L. Chuklochak, Original Mortgagor and Real Owner, Defendant(s). ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR THE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2005-HE1, in the above captioned matter. I .TEAD&ASSOCIATES, LLC Nobert W. Williams, Esquire Attorney ID No. 315501 MILSTEAD & ASSOCIATES, LLC Attorney for Plaintiff BY: Robert W. Williams, Esquire ID No. 315501 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856) 482-1400 File # 8.19796 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR THE CUMBERLAND COUNTY HOLDERS OF MORGAN STANLEY ABS c= ' CAPITAL I INC.TRUST 2005-HE!, -sag �- rri 2E ZIPO MORTGAGE PASS- THROUGH No 2012-04553 ;n CERTIFICATES,SERIES 2005-HE1 `' Plaintiff, c VS. =ft Wit': Michael V. Chuklochak, Original a , c 1r` Mortgagor Denita L. Chuklochak, Original Mortgagor and Real Owner Defendant. ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 and R.C.P. 3129.2 (c)(1)(i)(C). AND NOW, upon consideration of Plaintiff's Motion for an Order Granting Alternative Service,pursuant to Pennsylvania R.C.P. 430 and R.C.P. 3129.2 (c)(1)(i)(C) and any response thereto: IT IS on this -z day of Va....,a.7 , 2014, hereby ORDERED that the Motion for Alternative Service is GRANTED. IT IS FURTHER ORDERED that service of the Complaint in mortgage foreclosure, and all legal papers that require personal service pursuant to R.C.P. 3129.2 (c)(1)(i)(C), shall be served on Defendant, Michael V. Chuklochak, by 1) posting the mortgaged premises known as 118 South 31St Street, Camp Hill, PA 17011 (the "Premises") and 2) by regular and certified mail to the mortgaged premises and 9300 Cedar River Road, Huntersville,NC 28078. C-0") �/y�� BY T E COURT•I' C.dli/ J. i/a i/ii MILSTEAD &ASSOCIATES, LLC t 0 1r�CltV0TA, r BY: Robert W. Williams, Esquire ""'FEB -5 AH 11' 52 ID No. 315501 , # �� 220 Lake Drive East, Suite 301 PENNSYLVANIA ANo LINTY Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff File No. 8.19796 DEUTSCHE BANK NATIONAL TRUST i COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR THE CUMBERLAND COUNTY HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1, MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2005-HE1, No.: 2012-04553 Plaintiff, Vs. Entry of Appearance Michael V. Chuklochak, Original Mortgagor and Denita L. Chuklochak, Original Mortgagor and Real Owner, Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR THE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2005-HE1, in the above captioned matter. l EAD ASSOC TES, LLC W. Williams, Esquire Attorney ID No. 315501 MILSTEAD &ASSOCIATES LLC t �� f PR0 T 0ti0TAa BY: Robert W. Williams, Esquire ID No. 315501 2011,- FEB -5 AH 11 s 53 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 CUMBERLAND COUNTY (856) 482-1400 Attorney for P1ainPNNSYLVAIfA File No. 8.19796 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR THE CUMBERLAND COUNTY HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005-HE1, MORTGAGE PASS- THROUGH CERTIFICATES,SERIES 2005-HE1, No.: 2012-04553 Plaintiff, Vs. Praecipe to Reinstate Complaint in Mortgage Foreclosure Michael V. Chuklochak, Original Mortgagor and Denita L. Chuklochak, Original Mortgagor and Real Owner, Defendants. TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. MI, TEAE�# ASSOCIATES, LLC RotVrt W. Williams, Esquire Attorney ID No. 315501 -PSI Q C I a i - 3t)1 a)a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - Jody S Smith y rtt f1} _f Chief Deputy ?O l FEf3 25 + 2 5 Richard W Stewart Solicitor MBERL AND Gt UNI Y PENNSYLVANIA Deutsche Bank National Trust Company Case Number vs. 2012-4553 Michael V Chuklochak(et al.) SHERIFF'S RETURN OF SERVICE 02/12/2014 11:46 AM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Michael V Chuklochak, pursuant to Order of Court by"Posting"the premises located at 118 S 31st Street, Camp Hill Borough, Camp Hill, PA 17011 with a true and correct copy according to law. a AMANDA EBERSOLE, DEPUTY SHERIFF COST: $50.95 SO ANSWERS, February 18, 2014 RONNY R ANDERSON, SHERIFF