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HomeMy WebLinkAbout12-4599 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAMA rt 4..' DEUTSCHE BANK NATIONAL TRUST COMPANY, AS CIVIL DIVISION ,'- TRUSTEE FOR RBSGC 2007-B, nn Q `?' s ? ,V?? PO ! NO.. I off' y --? Plaintiff, n __ vs. TYPE OF PLEADING _ C71 Derick Hammond; CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendant. FILED ON BEHALF OF: TO: DEFENDANT Deutsche Bank National Trust Company as YOU ARE HEREBY NOTIFIED TO PLEAD TO THE , ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS Trustee for RBSGC 2007-B FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINSTYOU. COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 Stateview Blvd.. MAC # X7801-013. Ft. Mill. SC 29715 AND THE DEFENDANT: 1414 Leslie Avenue Alexandria, VA 22301 CERTIFICATE I HERE CEI THE R ESI LOCATION OF BY THIS LIEN IS ATTORNEY FOR PLAINTIFF ATTY FILE NO.: XCP 167616 ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 Ashleigh Levy Marin, Esquire Pa I.D. #306799 Ralph M. Salvia, Esquire Pa I.D. #202946 Jaime R. Ackerman, Esquire Pa I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office(@zuckerRoldbere.com File No.: XCP- 167616/bga ?S L7 Wcj C,-) --4cD Ca ?3 3 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (197 ), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINT FF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS F THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWI G FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HA E RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME A 14D ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. Y U SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN T IS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLEC? A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for CIVIL DIVISION RBSGC 2007-B Plaintiff, NO.: vs. Derick Hammond; Defendant(s). NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pag s, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case ay proceed without you and a judgment may be entered against you by the court without further notice or any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You ay lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YO R LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO R TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for CIVIL DIVISION RBSGC 2007-B Plaintiff, NO.: VS. Derick Hammond; Defendant(s). AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de la notificaci de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecenc esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en s contra. Se le advierte de que si usted falla en tomar accion como se describe anteriormente, el c, puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada er demands 0 cua Iquier otra reciamaci6n o remedio solicitado por el demandante, puede ser dictado contra suva por la Corte. Usted puede perder dinero o propiedades u otros derechos importantes par usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR UNO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DOI PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 3s la E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for CIVIL DIVISION RBSGC 2007-B Plaintiff, NO.: vs. Derick Hammond; Defendant(s). CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Deutsche Bank National Trust Company, as Trustee for RBSGC 2007-13, by attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Deutsche Bank National Trust Company, as Trustee for RBSGC 2007- (hereinafter "plaintiff") through its servicing agent WELLS FARGO BANK, N.A. located at 34 Stateview Blvd., MAC # X7801-013, Ft. Mill, SC 29715. 2. Defendant, Derick Hammond, is an individual whose last known address is 14 Leslie Avenue, Alexandria, VA 22301. 3. On or about November 22, 2006, Derick Hammond executed a Note in favor Prosperity Mortgage Company in the original principal amount of $189,600.00. 4. On or about November 22, 2006, as security for payment of the aforesaid N Derick Hammond, a single person, made, executed and delivered to Prosperity Mortgage Company, a Mortgage in the original principal amount of $189,600.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 29, 2006, in Mortgage Book Volume 1974, Page 2630. A true and correct copy of sa d Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit attached hereto and made a part hereof. 5. The Mortgage was assigned by Prosperity Mortgage Company to Wells Fargo N.A., successor by merger to Wells Fargo Home Mortgage, Inc., pursuant to an assignment mortgage dated October 15, 2007 and recorded on November 13, 2007 in the Office of the Recorder of Deeds for Cumberland County, Instrument #200742649. I 6. The Mortgage was further assigned by Wells Fargo Bank, N.A., successor by merg?r to Wells Fargo Home Mortgage, Inc. to Deutsche Bank National Trust Company, as Trustee for RBSGC 2007-13, plaintiff herein, pursuant to an assignment of mortgage dated March 22, 2012 and recorded on March 26, 2012 in the Office of the Register of Deeds for Cumberland County, Instrument #201208570. 7. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest being contractually due for the December 2011 payment, and pursuant to the terms of the aforesaid Mortgage, after written notice of said default to Defendant(s), the entire principal balance and accrued interest due thereunder has been accelerated. 8. Derick Hammond, adult individual, as sole owner, is the record and real owner of t e aforesaid mortgaged premises. 9. On January 17, 2012, Defendant(s) were mailed a Notice of Intention to Forec Mortgage, in compliance with Act 6 of 1974, 41 P.S. §101, et seq. 10. The amount due and owing Plaintiff by Defendant(s) is as follows: Principal $164,345.71 Interest through 07/05/2012 $7,377.96 Escrow Advance $1,539.69 Late Charges $364.20 Inspection Fees $90.00 Total $173,717.56 plus interest on the principal sum ($164,345.71) at the daily per diem amount of $29.83, and all othor additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff, including but not limited to, late charges, costs (including escrow advances) and Plaintiff's attorney 3' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to ad such additional sums to the above amount due and owning when incurred. 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff s not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. T WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due pf $173,717.56, with interest thereon at daily per diem amount of $29.83 plus additional late charge, and costs (including additional escrow advances), additio atto neys' fees and costs and f6r foreclosure and sale of the mortgaged premises. j ZUCKER, OL B & A RMAN, LLC BY: Dated: (} Scott A. ie teric , Esq P I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP-167616/bga 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A '7 1,17 j -1 tR. R. D?E (' ?c 2066 NOU 29 Pal 2x11$ Prepared By: PROSPERITY MORTGAGE COMPANY 4440 BROOKFIELD CORPORATE DR„ CHANTILLY, VA 201510000 Return To: WFHM FINAL DOGS X9999-OJM 1000 BLUE GENTIAN ROAD EAGAN, MN 55121 Parcel Number: 33-34-2415003 Premises: 26 E BURD STREET SHIPPENSBURG [Space Above This Line For Recortllng Datal 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 NOVEMBER 22, 2006 together with all Riders to this document. (B) "Borrower" is DERICK HAMMOND, A SINGLE PERSON Borrower is the mortgagor under this Security Instrument. (C) "Lender" is PROSPERITY MORTGAGE COMPANY PENNSVLV.&NIA Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 NMFL ; CM) Rev 12/1*7291 a.-6(PA) (0608) Page 1 of to Initial VMP Mortoage Solution, Inc. (9oo1BX 1974PG2630. l ii Lender is a GENERAL PARTNERSHIP organized and existing under the laws of THE Lender's address is P. 0. BOX 17 3 3 9, Bi MINNESOTA !SID 212971339 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated NOVEMBER 22, 2006 The Note states that Borrower owes Lender ONE HUNDRED EIGHTY NINE THOUSAND SIX HUNDRED AND 00/100 Dollars (U. S. $ ******189, 600. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 01, 2036 (E) "Property" means die property that is described below under the heading "Transfer of Rights in the Property. " M "Loan" means the debt evidenced by, the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider ? Condominium Rider El Second Home Rider ? Balloon Rider El Planned Unit Development Rider ® 1-4 Family Rider El VA Rider O Biweekly Payment Rider 0 Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have die effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and oilier charges that are imposed on Borrower or die Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other d?an a transaction originated by cl?eck, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or oilier taking of all or any part of die Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, die value and/or condition of the Property. (M) "Mortgage Insurance" meads insurance protecting Lender against die nonpayment of, or default on, the Loan. -6(PA) (owe) 8KI974PG263I Inftl Pape 2 of 18 Form 3039 1/01 N "Periodic Payment" means die regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Rea[ Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs die same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to die Property, whether or not that party has assumed Borrower's obligations under die Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of die Loan, and all renewals, extensions and modifications of tie Note; and (ii) die performance of Borrower's covenants and agreements under this Security Instrument and die Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY [Type of Recording Jurisdictionl of CUMBERLAND [Name of Recording Jurisdiction): FOR LEGAL: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX ;17339, BALTIMORE, MD 212971339 which currently has die address of 26 E BURD STREET 26 E BURD STREET SHIPPENSBURG [Street] ("Property Address"): [City], Pennsylvania 17257 [Zip Code] TOGETHER WITH all die improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of die property. All replacements and additions shall also be covered by this Security Instrument. Ali of the foregoing is referred to in this Security Instrument as die "Property." (0- •6{PA) mos) irAt ` ?? Pipe 3 of 15 Form 3039 1101 OK-19-74 4 PG 2 6 3 2 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey tie Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under tie Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as' payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's cl?eck or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with die notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the-time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring die Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to die outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in die order in which it became due. Any re?naining anioui?ts shall be. applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce (lie principal balance of die Note. If Lender receives a?payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to die 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 die extent that, each paynieut can be .6( PA) (06081 Pepe l of 10 Form 3039 1101 BK`.I93hPG2633' paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on tine day Periodic Payments are due under the Note, until die Note is paid in full, a suns (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance oil the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under. Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the paymment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of announts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender' may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be. deemed to be a covenant and agreement contained in this Security Instrument, as die 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 die amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximunh amount a lender can require under RESPA. Lender shall estimate the amount of Funds due.on die basis of current data and reasonable estimates of expenditures of future Escrow Items or odherwise in accordance with Applicable Law. The Funds shall be held in all institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay die Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings oil tine Funds. Borrower and Lender can agree in writing, however, that interest ?® fi1PAl losoe? Inili Ir: page 6 of 10 form 3039 1101 BK."1;974PG 2634 shall be paid on the Funds. Leader shall give to Borrower, without charge, an annual accounting of.the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage- of Funds held in escrow, as defined'under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for. a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for die periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice; which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each tithe '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 its connection with die review of any flood zone determination resulting from an objection by Borrower. •61PA1 io5o8! Init' Pape a of i a Form 3039 1/01 BK'1974PG2635 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of die Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of die insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from die date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have die right to hold tie policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, die Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may snake proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not die underlying insurance was required by Lender, shall be applied.to restoration or repair of die Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a• single payment or in a series of progress payments as die work is completed. Unless all agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid -to Borrower. Such insurance proceeds shall be applied in die order provided for in Section 2. If Borrower abandons the Property,, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a clainh, then Lender may negotiate and settle die claim. The 30-day period will begin when the notice is given. In 'either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering die Property, insofar as such rights are applicable to the coverage of die Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. -6WA? loaoa1 in Pipe 7 of 10 Form 3039 1101 6K:1.9.74.PG2636 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 die Property as Borrower's principal residence for at least one year after die date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair die Property, allow tie Property to deteriorate or commit waste oil the Property. Whetter or not Borrower is residing in tie Property, Borrower shall maintain die Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring die Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the'repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore die 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 die Property. Lender shall give Borrower notice at die time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with die Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the' Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this, Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this • Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned die Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of die Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering die 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 oil or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. VW?-61PA) iosoe) Inid Pepe a of Is Form 3039 1101 BK1'974PG2637 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrutnent.'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 oil a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in wfiting. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay die premiums required to maintain tike Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay die premiums required to obtain coverage substantially equivalent to die Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to,Borrower of die Mortgage Insurance previously in effect, from ant alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender die amount of the separately designated payments that were due when die insurance coverage ceased to be in effect. Lender will accept,. use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding tie fact that die Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward die premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to.make separately designated payments toward the premiums for-Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law: Nothing in this Section 10 affects Borrower's obligation to pay interest at tie rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may iticur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and die other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). Asa result of these agreements, Lender, any purchaser of die Note, another insurer, any reinsurer, any other entity, or any affiliate of any of (lie foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, die arrangement is often ternhed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. ®R -61 PA) (olioe) Poe a or 16 Form 3039 1 /01 BK4974PG2638 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment. of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have die right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings_on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, die Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in die order provided for in Section 2. In the event of a total taking, destruction, or loss in value of die Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with tie excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of die Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than die amount of the sums secured by this Security Instrument immediately before die partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by die amount of die Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before die partial taking, destruction, or loss in value divided by (b) die fair market value of die Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in. value of the Property in which tie fair market value of die Property immediately before die partial taking, destruction, or loss in value is less than die amount of the sums secured immediately before die partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sutras are then due. If tie Property is, abandoned by Borrower, or if, after notice by Lender to Borrower that die Opposing Party (as" defined in the next sentence) offers to make an award to settle a claim for damages; Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply die Miscellaneous Proceeds either to restoration or repair of the Property or to the sunhs secured by this Security Instrument, whether or not then due. "Opposing Party" means die dhird party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in die Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action-or proceeding to be nitia 6tPA) losoel Pipe ho or to Form 3039 1101 BKI974PG2639 T dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otlierwise modify amortization of die sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, ally Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assWmeS Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce die charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, (lie reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under die Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Ins unne t shall be deemed to I ni -6(PA) Iowa) Page 11 or 18 Form 3039 1101 BKT974PG2640 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure, There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy tiie corresponding requirement under this Security 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of die jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which call be given effect without die conflicting provision. . As used in this Security Instrument: (a) words of the 'masculine gender shall mean and include corresponding neuter words or words of die feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in die Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, tie intent of which is die transfer of tide by Borrower at a future date to a purchaser. If all or any part of,the Property or any' Interest in tie Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such' exercise is prohibited by Applicable Law. . If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from die date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument widhout further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower; (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or v1yi?-6MA) tosoat tr:t Poe 12 or as Form 3039 1101 BK' V9 7.4 PG'2,6 41 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in die Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash;' (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in die Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also nhight be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to, which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter die Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Leader may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will lie deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy die notice and opportunity to. take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where die Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" ineans a condition that can .cause, contribute to, or otherwise trigger an Environmental Cleanup. -G(PA) losoe? iry??a Page 13 or 1a Form 3039 1101 BK'147 4 PG 2 6 4 2 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Envi'ronntental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of .Hazardous Substances that are generally recognized to be appropriate to .normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, dernand, 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 Envirorllnental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of,any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Properly. If Borrower leanls, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for au Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that falhtre to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further Inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured as specified, Lender at its option may require immediate payment in full of all sums. secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to die extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. , 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money nortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on d>e Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. In a -61 PA) (orioe) Page 14 of 16 Form 3039 1 /01 BK 1974PG2643 t BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: al) DERICK HAI10 -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower -6(PA) roeoef Pape Is of Ia _ .(Seal) Borrower (Seal) -Borrower (Seal) -Borrower _ (Seal) Borrower Form 3039 1/01 6K'1'974PG2644 COMMONWEALTH OF PENNSYLVANIA, County ss: Oil this, the day of ??? apQ (p before me, the undersigned officer, personally appeared DERICK HAMMOND known to me (or satisfactorily proven) to be die person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/diey executed die same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: MONWEALTH OF PENNSYLVAMA Notft Seal p gam HoNry is cumlvdaw ???' Comrtxsston EMW SApr 2E Member, ?ennwn..o-...-.-.iqton 0,`N: ^:aties 't'itle of Officer Certificate of R itlencG?Q / ?/ die correct address o die within-named Mortgagee i P.O. BOX 17339, BALTIMORE, MD Irtitiel -6(PA) tasoet Papa 1e or 1e Form 3039 1101 ' do hereby certify Uiat 212971339 Witness my baud Uiis day of Ndv?j??-' ??D Agent Mo gagec Ot"I974PG2645 Schedule "A" ALL that certain Lot of ground, together with improvements thereon erected, lying and being situate on the aside of East Burd Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the South side of East Burd Street on line of property now or formerly of the Be stle Company, thence Eastwardly 38 feet to a point on line of land formerly of R. Bruce Clippenger, now or formerly of David Shoemaker and Lynne Shoemaker, his wife; thence Southwardly by the latter 65 feet; the nce Westwardly by said property now or formerly of the Beistle Company, 38 feet; thence Northwardly by the said lands now or formerly of the Beistle Company, 65 feet to a point, the place of BEGINNING. BEING the same real estate which Anthony M. House, by his deed dated and intended to be reco ded immediately prior to the recording of this mortgage, granted and conveyed to Derick Hammond, Mortg gor herein. I Ccrti.fy this to be recordc( In Cumberland County PA ' o, (N41i ??- 'PAO .2 ? rat ? Recorder of Deec 8K 1974PG2646' T VERIFICATION Damaris Stephanie Beltran, hereby states that h she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that I(/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi /her -nformation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ?LLl. 6 - U11 Name: Damaris Stephanie Beltran Title: Vice President Loan Documentation 032-PA-V3 File #: 167616 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for RBSGC 2007-B vs. Plaintiff, C ) I ,va Derick Hammond; Defendant(s). CIVIL DIVISION NO.: [o?'w5 / / 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, u may be able to participate in a court-supervised conciliation conference in an effort to resolve t is 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 MidP nn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of he appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you o so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MiclPenn Legal Service or the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proce ds forwa rd. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIR BY THIS NOTICE. TIDS PROGRAM IS FREE. Zucker, Goldberg & Ackerman, XCP-167 ZUCKER, LD ER AN, LLC By: Dated: July , 2012 Scott A. Di ferick, Esqui A I . #55650 Kimberly A. Bonner, Esquire; A I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP-167616/jab 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, XCP-167 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete. your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Primary Reason for Default: Included Taxes & Insurance: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Date you closed your loan: Yes ? No ? Listing date: State: Zip: Price: $ Realtor Phone: Yes ? No ? Home: Cell: State: Office: _ Other: How long? State: Zip: Home: Office: Cell: Other: How long? Zip: Zucker, Goldberg & Ackerman, XCP-167 r Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. Monthly amount: 2. Monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/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: Counselor: Phone (Office): Fax: Email: Zucker, Goldberg & Ackerman, XCP-167 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 delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use/refer th information to my lender/servicer for the sole purpose of evaluating my financial situation for possibly mortgage options. I/We understand that I/we am/are under no obligation to use the services provide by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V Proof of Income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter V Listing agreement (if property is currently on the market) r Zucker, Goldberg & Ackerman, L T _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for CIVIL DIVISION RBSGC 2007-B Plaintiff, NO.: vs. Derick Hammond; Defendant(s). REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 1. Defendant lives in the subject real property, which is defendant's primary residence; 2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participat in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understa d that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unw rn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Signature of Defendant Date Date Zucker, Goldberg & Ackerman, XCP-167 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for CIVIL DIVISION RBSGC 2007-B Plaintiff, NO.: VS. Derick Hammond; Defendant(s). CASE MANAGEMENT ORDER AND NOW, this day of ,20 ,the defendant/borrower in the a captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in Cumberland County Courthouse, Carlisle, Pennsylvania. at the 1. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Workshei (Form 2) which has been completed by the defendant/borrower. Upon agreement of the part in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to made may be extended. Upon notice to the Court of the defendant/borrower's failure to sere the completed Form 2 within the time frame set forth herein or such other date as agreed up( by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. The defendant/borrower and counsel for the parties must attend the Conciliation Conference person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable Zucker, Goldberg & Ackerman, XCP-1671 resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 3. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary paym ni and to vacate in the near future in exchange for not contesting the matter; offering the lende a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 4. All proceedings in this matter are stayed pending the completion of the scheduled conciliatio conference. BY THE COURT, Zucker, Goldberg & Ackerman, XCP-16T SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith a?t?'Vr T iE- CRJ T Fr"N Chief Deputy . ' 12 AUG - 3 AM 13: 0 5 Richard W Stewart Solicitor OF= CE -sP CUMBERLAND COUNT Y PENNSYLVANIA Deutsche Bank National Trust Company vs. Case Numbe Derick Hammond 2012-4599 SHERIFF'S RETURN OF SERVICE 07/27/2012 06:14 PM - William Cline, Corporal, who being duly sworn according to law, states that on July 27, 20 at 1814 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Occul of 26 E. Burd Street, Shippensburg, Pennsylvania 17257, by making known unto Cory Hess, current occupant at 26 E. Burd Street, Shippensburg, Cumberland County, Pennsylvania 7257 its contents a at the same time handing to him personally the said true and correct copy 9) the ame. WILLIAM CLINE, DEPUTY 07/30/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent sea and inquiry for the within named defendant to wit: Derick Hammond, but was unable to locate him in h 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 Derick Hammond. Reques for service at 26 E. Burd Street, Shippensburg, Pennsylvania 17257 is residential apartments. Derick Hammond is thought to be residing at 1414 Leslie Avenue, Alexandria, Virginia 22301. 07/30/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent sea and inquiry for the within named defendant to wit: Derick Hammond, but was unable to locate him in hi 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 Derick Hammond. Requesi for service at 9 E. Burd Street, Shippensburg, Pennsylvania 17257 is residential apartments. Derick Hammond is thought to be residing at 1414 Leslie Avenue, Alexandria, Virginia 22301. SHERIFF COST: $100.00 SO ANSWERS, July 30, 2012 4RON ANDERSON, SHERIFF nt is ccun.tySuite ShF;fi K, Telersoft. Inc. r ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR RBSGC 2007-B, Plaintiff, VS. Derick Hammond; Defendant. CIVIL DIVISION NO.: 12-4599-CIVIL TYPE OF PLEADING AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO Pa.R.C.P., 404 FILED ON BEHALF OF: Deutsche Bank National Trust Company, as Trustee for RBSGC 2007-B Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Joel A. Ackerman, Esquire- PA I.D. #202729 Ashleigh Levy Marin, Esquire-PA I.D. #306799, Ralph M. Salvia, Esquire- PA I.D. #202946 Jaime R. Ackerman, Esquire- PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX officeC@zuckereoldbere.com File No.: XCP-167616/jab - ?, m rte- x' o G 7 C. PQ Zucker, Goldberg & Ackerman, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for CIVIL DIVISION RBSGC 2007-B Plaintiff, NO.: 12-4599-CIVIL VS. Derick Hammond; Defendant(s). AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT PURSUANT TO Pa.R.C P 404 I, Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Joel Ackerman, Esquire, Ashleigh Marin, Esquire, Ralph M. Salvia, Esquire, Jaime R. Ackerman, Esquire, attorney for Plaintiff, Deutsche Bank National Trust Company, as Trustee for RBSGC 2007-B, being duly sworn according to law dep se and make the following Affidavit regarding the service of Plaintiffs Complaint in Mortgage Foreclos re on Defendant pursuant to Pa.R.C.P. 404 as follows: 1. Defendant, Derick Hammond is the record owner of the real property. 2. On or about August 3, 2012, the counsel for Plaintiff served Defendant, Hammond, with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure, via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Pre-paid to 1414 Leslie Avenue, Alexandria, VA 22301. A true and correct copy of said Certified Mail Receipt and Return Receipt is marked Exhibit "A", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, I XCP-1676 3. Plaintiffs counsel hereby certifies that Defendant, Derick Hammond, was served With Plaintiffs Complaint in Mortgage Foreclosure in accordance with Rule of Civil Procedure 404, regarding service outside the Commonwealth. Respectfully Submitted: ZUCKER, GOLDBERG ERMAN, LLC By: tt A. Dietterick, Esquire; Pa. I.D. #55650 Kimberly A. Bonner, Esquire; Pa. I.D. #89705 Joel A. Ackerman, Esquire; Pa I.D. #202729 Ashleigh Levy Marin, Esquire; Pa I.D. #306795 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX office@zuckergoldberg.com Sworn to and s scrib efore me this LOI y of '2012. Notary Public N SHEREZA DEONARINE Notary Public of New Jersey ID# 2407261 My Commission Expires 4112/2016 Zucker, Goldberg & Ackerman, XCP-167 EXHIBIT A Zucker, Goldberg & Ackerman, L XCP-1676 A D CD oxi 3 CL m D N N W O J r CD c? D CD 7 C CD v= 0 X, n=i - 3= 3 n r 0- o- _o 0 0 0' ru o- r ti N u- r 02 r 0 USPS.c--m? - 71-2.ck &- Confirm E iglmh Cuatomeer Servi, a USPS Mobile Aorusps.cofi Pager 1 of 1 Quick Tools Ship a Package Send Mail Track & Confirm GET EMAIL UPDATES VOUR LABEL NUMBER SERVICE j 71969006929612264810 Check on Another Item What's your label (or receipt) number? Manage Your Mail STATUS OF YOUR ITEM DATE d TIME Delivered August 03, 2012, 11:54 am Notice Left August 01, 2012, 11:47 am Processed through August 01, 2012, 2:16 am USPS Sort Facility Processed through July 31, 2012,11:13 pm LISPS Sort Facility I LEGAL ON USPS.COM Privacy Policy > Government Services > Terms of Use , Buy Stamps & Shop , FOIA > Print a Label with Postage > No FEAR Act EEO Data, Customer Service > Site Index > Copyright©2012 USPS. All Rights Reserved ON ABOUT.USPS.COM About USPS Home Newsroom) Mail Service Updates > Forms & Publications > Careers , Register I Sign in Search USPS.Com or Track Shop Business LOCATION FEATURES ALEXANDRIA, VA 22314 Certified Mail' j Return Receipt Electronic ALEXANDRIA, VA 22301 MERRIFIELD, VA 22081 DULLES, VA 20101 OTHER USPS SITES Business Customer Gateway Postal Inspectors Inspector General Postal Explorer) https://tools-usps.aim/go/TrackConfimiAction.action 8/8/012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4599 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for RBSGC 2007-11; Plaintiff(s) From DERICK HAMMOND (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $176,016.55 L.L.: $.50 Interest from 9/18/12 to date of sale -- $13,184.86 Atty's Comm: Due Prothy: $2.25 Atty Paid: $248.75 Other Costs: Plaintiff Paid: Date: 6/28/13 , t�� David D.Buell,Prothonotaryy.�- yyyy (Seal) `-Bv: /J 2, E Deputy REQUESTING PARTY: Name: JAIME R.ACKERMAN,ESQUIRE Address: ZUCKER,GOLDBERG&ACKERMAN,LLC 200 SHEFFIELD STREET, SUITE 101 MOUNTAINSIDE, NJ 07092 Attorney for:PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 311032 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION File No. 12-4599-CIVIL Deutsche Bank National Trust Company,as Trustee for Amount Due $176,016.55 RBSGC 2007-B, Interest from 09/18/2012 to date of sale $13,184.86 Plaintiff, VS. Costs ' Derick Hammond; x rm cam- �-I r- Defendant. TO THE PROTHONOTARY OF THE SAID COURT: _C_ - cam ` The undersigned hereby certifies that the below does not arise out of a retail installment sale,contr t opmco>is based on a confession of judgment,but if it does, it is based on the appropriate original proceeding filed pu s6n10 Act,-7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt,interest and costs upon the following described property of the defendant(s): See Exhibit"A"attached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs,as above,directing attachment against the above-named garnishee(s)for the following property(if real estate, supply six copies of the description; supply four copies of lengthy personality list): and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s). (Indicate)Index this writ against the garnishee(s)as a lis pendens against real es a of the defendant(s) described in the attached a 'bit. E.�"Xa DATE: Signature: Print Name: Scott A.Di ri 'Elwi Kimberly, .Bonner,Esquire S Joel Ack rman, Esquire .50 PD A� Ashleigh Levy Marin,Esquire Ralph M. Salvia,Esquire loo .OD 0-2,F Jaime R.Ackerman,Esquire 103. '75 " Address: Zucker,Goldberg&Ackerman,LLC 1(P. 50 200 Sheffield Street, Suite 101 f. PQ A-r,-y Mountainside,NJ 07092 Attorney for: Plaintiff Telephone: 908-233-8500 Supreme Court ID No.: 55650 89705 202729 306799 202946 a•o15 �VE 311032 5 O LL O'I9rl0q Zucker.Goldberg&Ackerman. I.,,.C' `F lG1-1 67616 2*a9a#Ia RE 0-li lgwd Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND, TOGETHER WITH IMPROVEMENTS THEREON ERECTED, LYING AND BEING SITUATE ON THE SIDE OF EAST BURD STREET, IN BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF EAST BURD STREET ON LINE OF PROPERTY NOW OF FORMERLY OF BEISTLE COMPANY; THENCE EASTWARDLY 38 FEET TO A POINT ON LINE OF LAND FORMERLY OF R. BRUCE CLIPPENGER, NOW OR FORMERLY OF DAVID SHOEMAKER AND LYNNE SHOEMAKER, HIS WIFE: THENCE SOUTHWARDLY BY THE LATTER 65 FEET; THENCE WESTWARDLY BY SAID PROPERTY NOW OR FORMERLY OF BEISTLE COMPANY, 38 FEET; THENCE NORTHWARDLY BY THE SAID LANDS NOW OR FORMERLY OF BEISTLE COMPANY, 65 FEET TO A POINT, THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 26 East Burd Street, Shippensburg, PA, 17257-1338. BEING the same premises which ANTHONY M. HOUSE, MARRIED ADULT INDIVIDUAL, by Deed dated November 22, 2006 and recorded November 29, 2006 in and for Cumberland County, Pennsylvania, in Deed Book Volume 277, Page 3779, granted and conveyed unto Derick Hammond, adult individual, as sole owner. Tax Map No.: 33-34-2415-003. Zucker,Goldberg&Ackerman, LLC XCP-167616 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION c ' Trustee for RBSGC 2007-13, : c N0.: 12-4599-CIVIL MM --r Plaintiff, �> VS. Execution No.: ---{ cp -r Derick Hammond; p ca c Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for RBSGC 2007-B, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 26 East Burd Street, Shippensburg, PA 17257-1338. 1. Name and Address of Owner(s) or Reputed Owner(s): DERICK HAMMOND, ADULT INDIVIDUAL, AS SOLE OWNER, 1414 Leslie Avenue Alexandria, VA 22301 2. Name and Address of Defendant(s) in the Judgment: DERICK HAMMOND 1414 Leslie Avenue Alexandria, VA 22301 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR RBSGC 2007-B Plaintiff 4. Name and Address of the last record holder of every mortgage of record: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR RBSGC 2007-B Plaintiff Zucker,Goldberg& Ackerman, L.I.C.' XCP-167616 PROSPERITY MORTGAGE COMPANY P.O. Box 17339 Baltimore, MD 21297-1339 WELLS FARGO BANK,N.A., SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. 1000 Blue Gentian Rd - X9999-01 M, Eagan, MN 55121-7700 AND 3476 Stateview Blvd Fort Mill, SC 29715 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 26 East Burd Street Shippensburg, PA 17257-1338 UNKNOWN SPOUSE 1414 Leslie Avenue Alexandria, VA 22301 Zucker.Goldberg&Ackerman.LI.0 XC:;P-107616 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ZUCKER GOLDBE ACKE N, LLC Dated: /� BY: Scott A. Die ck, Esquire; PA I.D. #55650 Kimberly A onner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh Levy Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032, 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 File No.: XCP-167616 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com Zucker,Goldbcrg&Ackerman.Ld..(. X01-167616 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND, TOGETHER WITH IMPROVEMENTS THEREON ERECTED, LYING AND BEING SITUATE ON THE SIDE OF EAST BURR STREET, IN BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF EAST BURD STREET ON LINE OF PROPERTY NOW OF FORMERLY OF BEISTLE COMPANY; THENCE EASTWARDLY 38 FEET TO A POINT ON LINE OF LAND FORMERLY OF R. BRUCE CLIPPENGER,NOW OR FORMERLY OF DAVID SHOEMAKER AND LYNNE SHOEMAKER, HIS WIFE: THENCE SOUTHWARDLY BY THE LATTER 65 FEET; THENCE WESTWARDLY BY SAID PROPERTY NOW OR FORMERLY OF BEISTLE COMPANY, 38 FEET; THENCE NORTHWARDLY BY THE SAID LANDS NOW OR FORMERLY OF BEISTLE COMPANY, 65 FEET TO A POINT, THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 26 East Burd Street, Shippensburg, PA, 17257-1338. BEING the same premises which ANTHONY M. HOUSE, MARRIED ADULT INDIVIDUAL, by Deed dated November 22, 2006 and recorded November 29, 2006 in and for Cumberland County, Pennsylvania, in Deed Book Volume 277, Page 3779, granted and conveyed unto Derick Hammond, adult individual, as sole owner. Tax Map No.: 33-34-2415-003. Zucker,Goldberg&Ackerman,LLC XCP-167616 v� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION Trustee for RBSGC 2007-B Plaintiff, N0.: 12-4599-CIVIL � , vs. w -vim �cars s.... r-n-� Derick Hammond; =n C-- -�r- r Defendant. "'.�� co 4 C. :ham NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Derick Hammond 1414 Leslie Avenue Alexandria, VA 22301 AND 26 East Burd Street Shippensburg, PA, 17257-1338 AND 9 Burd Street Shippensburg, PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/4/2013 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 26 East Burd Street, Shippensburg,PA, 17257-1338 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-4599-CIVIL Zucker,Goldberg&Ackerman,LLC XCP-167616 r THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Derick Hammond A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten(10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights,you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker,Goldberg&Ackerman, LLC XCP-167616 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER, GO RMAN, LLC BY: Dated: 01Pv91t Scott A. D' tterick, squire; PA I.D. #55650 3 Kimberly . Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 .-- Attorneys for Plaintiff XCP-167616/pn 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker,Goldberg&Ackerman, LLC XCP-167616 P r J Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND, TOGETHER WITH IMPROVEMENTS THEREON ERECTED, LYING AND BEING SITUATE ON THE SIDE OF EAST BURR STREET, IN BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF EAST BURR STREET ON LINE OF PROPERTY NOW OF FORMERLY OF BEISTLE COMPANY; THENCE EASTWARDLY 38 FEET TO A POINT ON LINE OF LAND FORMERLY OF R. BRUCE CLIPPENGER,NOW OR FORMERLY OF DAVID SHOEMAKER AND LYNNE SHOEMAKER, HIS WIFE: THENCE SOUTHWARDLY BY THE LATTER 65 FEET; THENCE WESTWARDLY BY SAID PROPERTY NOW OR FORMERLY OF BEISTLE COMPANY, 38 FEET; THENCE NORTHWARDLY BY THE SAID LANDS NOW OR FORMERLY OF BEISTLE COMPANY, 65 FEET TO A POINT,THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 26 East Burd Street, Shippensburg, PA, 17257-1338. BEING the same premises which ANTHONY M. HOUSE,MARRIED ADULT INDIVIDUAL, by Deed dated November 22,2006 and recorded November 29, 2046 in and for Cumberland County, Pennsylvania, in Deed Book Volume 277, Page 3779, granted and conveyed unto Derick Hammond, adult individual, as sole owner. Tax Map No.: 33-34-2415-003. Zucker,Goldberg&Ackerman,LLC XCP-167616 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company,as CIVIL DIVISION Trustee for RBSGC 2007-13, NO.: 12-4599-CIVIL Plaintiff, VS. TYPE OF PLEADING Derick Hammond; Pa. R.C.P. RULE 3129.2(C)AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND Defendant. OTHER PARTIES OF INTEREST FILED ON BEHALF OF: Deutsche Bank National Trust Company, as Trustee for RBSGC 2007-B COUNSEL OF RECORD FOR THIS PARTY: ZUCKER,GOLDBERG &ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D.#55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Joel A.Ackerman, Esquire- PA I.D.#202729 Ashleigh L. Marin, Esquire- PA I.D.#306799 Ralph M.Salvia, Esquire- PA I.D.#202946 Jaime R.Ackerman, Esquire- PA I.D.#311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office @zuckergoldberg.com File No.: XCP- 167616/dsc -.� _ — cD Zucker, Goldberg&Ackerman, LLC XCP-167616 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION Trustee for RBSGC 2007-B Plaintiff, NO.: 12-4599-CIVIL VS. Derick Hammond; Defendant. Pa.R.C.P. RULE 3129(c)AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Daniel Schlesinger, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, Deutsche Bank National Trust Company, as Trustee for RBSGC 2007-B, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Derick Hammond, adult individual, as sole owner„ is the record owner of the real property. 2. On or about July 30, 2013, Defendant Derick Hammond was served with Plaintiff's Notice of Sheriff's Sale of Real Property Pursuant to Pa. R.C.P. 3129, via Certified Mail, return receipt requested, at the address of the mortgaged premises, being 1414 Leslie Avenue,Alexandria, VA 212301. A true and correct copy of said Notice and Proof of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about October 21, 2013, Plaintiffs counsel served all other parties in interest with Plaintiffs Notice of Sheriffs Sale according to Plaintiffs Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit"B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that the Defendant/Owner and all other Parties of Zucker, Goldberg&Ackerman, LLC XCP-167616 Interest were served with Plaintiff's Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER,GOLDBERG &ACKERMAN, LLC Attorneys for Plain Dated: October 1 , 2013 INGER Paralegal/Legal Assistant Sworn to and subscribed before me this (r " day of October, 2013 NotarV Public PAUL C. NADRATOWSKI MY COMMISSION EXPIRES: Notary Public of New Jersey ID# 2407850 My Commission Expires 4/27/2016 Zucker, Goldberg&Ackerman, LLC XCP-167616 EXHIBIT A Zucker, Goldberg&Ackerman, LLC XCP-167616 -0 N o� w x °x = c� Cl CD m Z o po o D N N_ r r n r � CD 6' M - - - n = n- xyr , i 00U) v = °� Dm � _ �® - r Dm ° = N Ul C. W = U O � J W -0 — N Ln ru Z O — rn Ln V/ - N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION Trustee for RBSGC 2007-B Plaintiff, NO.: 12-4599-CIVIL VS. Derick Hammond; Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Derick Hammond 1414 Leslie Avenue Alexandria,VA 22301 AND 26 East Burd Street Shippensburg, PA, 17257-1338 AND 9 Burd Street Shippensburg,PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/4/2013 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 26 East Burd Street,Shippensburg,PA, 17257-1338 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-4599-CIVIL Zucker,Goldberg&Ackerman,LLC XCP-167616 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Derick Hammond A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten(10)days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle,PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights,you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S.Bedford Street Carlisle,PA 17013 Phone(800)990-9108 (717)249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. MR Zucker,Goldberg&Ackerman,LLC XCP-167616 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER,GO RMAN,LLC BY: Dated: !'l Scott A.D' 'erick, squire; PA T.D.#55650 l ( Kimberly . Bonner,Esquire; PA I.D.#89705 Joel A.Ackerman,Esquire; PA I.D. #202729 Ashleigh L.Marin,Esquire; PA T.D. #306799 Ralph M. Salvia,Esquire; PA I.D. #202946 Jaime R. Ackerman,Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP-167616/pn 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 (908)233-8500;(908)233-1390 FAX Email: Office@zuckergoldbcrg.com VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker,Goldberg&Ackerman,LLC XCP-167616 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND,TOGETHER WITH IMPROVEMENTS THEREON ERECTED,LYING AND BEING SITUATE ON THE SIDE OF EAST BURD STREET,IN BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA,BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF EAST BURD STREET ON LINE OF PROPERTY NOW OF FORMERLY OF BEISTLE COMPANY;THENCE EASTWARDLY 38 FEET TO A POINT ON LINE OF LAND FORMERLY OF R. BRUCE CLIPPENGER,NOW OR FORMERLY OF DAVID SHOEMAKER AND LYNNE SHOEMAKER,HIS WIFE: THENCE SOUTHWARDLY BY THE LATTER 65 FEET;THENCE WESTWARDLY BY SAID PROPERTY NOW OR FORMERLY OF BEISTLE COMPANY, 38 FEET;THENCE NORTHWARDLY BY THE SAID LANDS NOW OR FORMERLY OF BEISTLE COMPANY,65 FEET TO A POINT,THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 26 East Burd Street,Shippensburg,PA, 17257-1338. BEING the same premises which ANTHONY M. HOUSE,MARRIED ADULT INDIVIDUAL,by Deed dated November 22,2006 and recorded November 29,2006 in and for Cumberland County,Pennsylvania,in Deed Book Volume 277,Page 3779, granted and conveyed unto Derick Hammond,adult individual,as sole owner. Tax Map No.: 33-34-2415-003. Zucker,Goldberg&Ackerman,LLC XCP-167616 i—Official LISPS use ONLY! -n m (A o 3 .« �� coo -•....... r- �y � a �. •"� �Ir �.....� 3 � 3 1 �• rn _'' �. m m ' Cr C- 0 a n p C ......,., m w C3 C a .0 �. Ca_... Er ....�� >rn.�..,.,...�. Ln C3 r h. Ln Ln VA CA ma m m m. CL FD m D TT N ,N W Cr i z v CD COLL r p F � r(n� Q) (E? ' wj n M c� CD . - Q i ,,.,.,..� �.s W n y, m :O O m ,3 ,M f Cr 1Y f to••Mrr Q } r t •o Ln , f _ ADD Ln a a UN3;• O CL CD Co CD r i { n' 1 ' m — cn or — o .-.� to .- -W 0 .._.... i y .wr I U - 1 WM - , ..�• � � fly - ww.W -MM► - I Mfl►1- ' I � fir S - 1 w (, cn 15) � Z CD a 5?0 � C EXHIBIT B Zucker, Goldberg&Ackerman, LLC XCP-167616 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company,as CIVIL DIVISION Trustee for RBSGC 2007-B Plaintiff, NO.: 12-4599-CIVIL VS. Derick Hammond; Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P.3129(bi TO: UNKNOWN TENANT OR TENANTS UNKNOWN SPOUSE 26 East Burd Street 1414 Leslie Avenue Shippensburg, PA 17257-1338 Alexandria,VA 22301 COMMONWEALTH OF PENNSYLVANIA PA DEPT. OF REVENUE-INHERITANCE TAX DEPARTMENT OF WELFARE DIVISION P.O. Box 2675 Dept.280601 Harrisburg, PA 17105 Harrisburg, PA 17128-0601 CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY DOMESTIC RELATIONS Cumberland County Courthouse OFFICE One Courthouse Square Domestic Relations Section Carlisle, PA 17013 13 N. Hanover Street PROSPERITY MORTGAGE COMPANY PO Box 320 P.O. Box 17339 Carlisle,PA 17013 Baltimore, MD 21297-1339 WELLS FARGO BANK, N.A.,SUCCESSOR BY WELLS FARGO BANK, N.A.,SUCCESSOR BY MERGER TO WELLS FARGO HOME MERGER TO WELLS FARGO HOME MORTGAGE, INC. MORTGAGE, INC. 3476 Stateview Blvd 1000 Blue Gentian Rd-X9999-01M, Fort Mill,SC 29715 Eagan, MN 55121-7700 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,directed,there will be exposed to Public Sale in: the Cumberland County Courthouse, 1 Courthouse Square,Carlisle, PA 17013 On 12/4/2013 at 10:00am,the following described real estate which Derick Hammond,adult individual, as sole owner,are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 26 East Burd Street, Shippensburg, PA 17257-1338 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A"). Zucker,Goldberg&Ackerman,LLC XCP-167616 167616DIO04CIO092013PI The said Writ of Execution has been issued on a judgment in the action of Deutsche Bank National Trust Company,as Trustee for RBSGC 2007-B Plaintiff VS. Derick Hammond,et al Defendant(s) at EX. NO. 12-4599-CIVIL in the amount of$176016.55 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty(30)days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10)days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with gagEA s Sale or this Notice,you should contact your attorney as soon as possible. ZUCKER, AN, LLC J'IN r Dated; " BY: Scott A 'ietterick, Esquir , A I.D. 55650 Kimberly A. Bonner, Esquire; PA I.D.#89705 Joel A. ckerman, Esquire; PA I.D.#202729 Ashleigft,evy Marin, Esquire; Pa I.D.#306799 Ralph M.Salvia; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D.#311032 200 Sheffield Street,Suite 301 Mountainside, NJ 07092 File No.:XCP-167616 (908)233-8500; (908)233-1390 FAX E-mail: Office @zuckergoldberg.com Zucker,Goldberg&Ackerman,LLC XCP-167616 167616D1004C10092013P2 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND,TOGETHER WITH IMPROVEMENTS THEREON ERECTED, LYING AND BEING SITUATE ON THE SIDE OF EAST KURD STREET,IN BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF EAST SURD STREET ON LINE OF PROPERTY NOW OF FORMERLY OF BEISTLE COMPANY;THENCE EASTWARDLY 38 FEET TO A POINT ON LINE OF LAND FORMERLY OF R. BRUCE CLIPPENGER, NOW OR FORMERLY OF DAVID SHOEMAKER AND LYNNE SHOEMAKER, HIS WIFE:THENCE SOUTHWARDLY BY THE LATTER 65 FEET;THENCE WESTWARDLY BY SAID PROPERTY NOW OR FORMERLY OF BEISTLE COMPANY, 38 FEET;THENCE NORTHWARDLY BY THE SAID LANDS NOW OR FORMERLY OF BEISTLE COMPANY, 65 FEETTO A POINT,THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 26 East Burd Street, Shippensburg, PA, 17257-1338. BEING the same premises which ANTHONY M. HOUSE, MARRIED ADULT INDIVIDUAL,by Deed dated November 22,2006 and recorded November 29,2006 in and for Cumberland County, Pennsylvania,in Deed Book Volume 277, Page 3779,granted and conveyed unto Derick Hammond,adult individual,as sole owner. Tax Map No.: 33-34-2415-003. Zucker,Goldberg&Ackerman,LLC XCP-167616 167616DI004C10092013P3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company,as CIVIL DIVISION Trustee for RBSGC 2007-B Plaintiff, NO.: 12-4599-CIVIL VS. Derick Hammond; Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P.3129(b) TO: UNKNOWN TENANT OR TENANTS UNKNOWN SPOUSE 26 East Burd Street 1414 Leslie Avenue Shippensburg, PA 17257-1338 Alexandria,VA 22301 COMMONWEALTH OF PENNSYLVANIA PA DEPT. OF REVENUE-INHERITANCE TAX DEPARTMENT OF WELFARE DIVISION P.O. Box 2675 Dept.280601 Harrisburg, PA 17105 Harrisburg, PA 17128-0601 CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY DOMESTIC RELATIONS Cumberland County Courthouse OFFICE One Courthouse Square Domestic Relations Section Carlisle, PA 17013 13 N. Hanover Street PROSPERITY MORTGAGE COMPANY PO Box 320 P.O. Box 17339 Carlisle, PA 17013 Baltimore, MD 21297-1339 WELLS FARGO BANK, N.A.,SUCCESSOR BY WELLS FARGO BANK, N.A.,SUCCESSOR BY MERGER TO WELLS FARGO HOME MERGER TO WELLS FARGO HOME MORTGAGE, INC. MORTGAGE, INC. 3476 Stateview Blvd 1000 Blue Gentian Rd-X9999-01M, Fort Mill,SC 29715 Eagan, MN 55121-7700 TAKE NOTICE that by virtue of the above Writ of Execution Issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed,there will be exposed to Public Sale in: the Cumberland County Courthouse, 1 Courthouse Square,Carlisle, PA 17013 On 12/4/2013 at 10:00am,the following described real estate which Derick Hammond,adult individual, as sole owner,are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 26 East Burd Street, Shippensburg, PA 17257-1338 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A"). Zucker,Goldberg&Ackerman,LLC XCP-167616 167616DIO04CIO092013PI The said Writ of Execution has been issued on a judgment in the action of Deutsche Bank National Trust Company,as Trustee for RBSGC 2007-B Plaintiff VS. Derick Hammond,et al Defendants) at EX. NO. 12-4599-CIVIL in the amount of$176016.55 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty(30)days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10)days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with "gagEA s Sale or this Notice,you should contact your attorney as soon as possible. ZUCKER, AN, LLC Dated; } By: Scott A ietterick, Esquire A I.D. 55650 Kimberly A. Bonner, Esquire; PA I.D.#89705 Joel A. ckerman, Esquire; PA I.D.#202729 Ashieg ; evy Marin, Esquire; Pa I.D.#306799 Ralph M.Salvia; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D.#311032 200 Sheffield Street,Suite 301 Mountainside, NJ 07092 File No.:XCP-167616 (908) 233-8500; (908)233-1390 FAX E-mail: Office @zuckergoldberg.com Zucker,Goldberg&Ackerman,LLC XCP-167616 167616D1004C10092013P2 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND,TOGETHER WITH IMPROVEMENTS THEREON ERECTED, LYING AND BEING SITUATE ON THE SIDE OF EAST BURD STREET, IN BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF EAST BURD STREET ON LINE OF PROPERTY NOW OF FORMERLY OF BEISTLE COMPANY;THENCE EASTWARDLY 38 FEET TO A POINT ON LINE OF LAND FORMERLY OF R. BRUCE CLIPPENGER, NOW OR FORMERLY OF DAVID SHOEMAKER AND LYNNE SHOEMAKER, HIS WIFE:THENCE SOUTHWARDLY BY THE LATTER 65 FEET;THENCE WESTWARDLY BY SAID PROPERTY NOW OR FORMERLY OF BEISTLE COMPANY,38 FEET;THENCE NORTHWARDLY BY THE SAID LANDS NOW OR FORMERLY OF BEISTLE COMPANY, 65 FEETTO A POINT,THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 26 East Burd Street, Shippensburg, PA, 17257-1338. BEING the same premises which ANTHONY M. HOUSE, MARRIED ADULT INDIVIDUAL,by Deed dated November 22,2006 and recorded November 29,2006 in and for Cumberland County, Pennsylvania,in Deed Book Volume 277, Page 3779,granted and conveyed unto Derick Hammond,adult individual, as sole owner. Tax Map No.: 33-34-2415-003. Zucker,Goldberg&Ackerman,LLC XCP-167616 167616D1004CI0092013P3 Page 1 of 5 NOTICE TO LIENHOLDERS I _ U.S.P=AGE»PITNEYBOWES r 0 d �r_s vd-2- 1 UNIT $T/,lTEE� P sTar sFR vrc o°ZI 07092 $ 001.20° 001.387430 OCT. 21. 201.3. 'lids CertHiwte of Mailing provWas widance that mall has been presented to U5P5•for ma0irr.TMs form ma and international mall. Scott A. Dietterick, Esquire c/o Zucker,Goldberg&Ackerman,LLC - 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 ° �._...._.._., XCP-167616/sde TEAM C T UNKNOWN TENANT OR TENANTS Pasty ark Here , 26 East Surd Street Shippensburg, PA 17257-1338 - County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 753002-000-9065 U.S.PbSTAGE>>PITNEYBOWES UNITED S,7AT- ES j ��, 'a Y ZIP 0.7092 $ 001aZO° POSTAL S'L�RVICfs : 02 1� 000138.74.30 OCT. 21. 201.3. This CertMkate of Ma gins{ProVWes wMena that mail has been presented to LISPS*fort and International me:. From. Scott A. Dietterick, Esquire c/o Zucker,Goldberg&Ackerman,LLC 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 XCP-167616/sde TEAM C COMMONWEALTH OF PENNSYLVANIA P''bnm-artHere ;\ DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9055 Page 1 of 5 Page 2 of 5 NOTICE TO LIENHOLDERS i I POST/UN1TED STdTES W000138.7430OCT US.POSTAGE>>PITNEY eowes 1L SMVi CEs This Cortilkate of Malln`provides widenee that null has been presented to LISPS•for mi ZIP 070 92 $ 001 e w 0 O andInterrmlonelnull. 2 Scott A. Dietterick, Esquire 1 . . . 21. 201.3. c/o Zucker,Goldberg&Ackerman, LLC 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 i XCP-167616/sde TEAM C ' To: CUMBERLAND COUNTY TAX CLAIM BUREAU Pp/stmarkHert' Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 U.S.POSTAGE>>PITNEY BOWES VPOSIALSERVIM , ZIP 07092 @@ 02 1" W 001+20 ThkCenUkateofMalUngprwklaswidence that maAha s been prosentadtousPS•ft: J' . 0001.3874.30OCT. 21. 2013, and International mail Fr°"'t Scott A.Dietterick,Esquire c/o Zucker,Goldberg&Ackerman, LLC 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 XCP-167616/sde TEAM C To: PROSPERITY MORTGAGE COMPANY Postmark Here P.O. Box 17339 r r }` Baltimore, MD 21297-1339 l `+ County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 Page 2 of 5 Page 3 of 5 NOTICE TO LIENHOLDERS IN, U.S POSTAGE»FyrNEY aowe`1,�1V1TE�! T--Tf-$_ ZIP 0.7092-:SE RV���� 02 av� $ QQ1.ZQ° presented toUSPs ' 0001.38.74.300Cr 21. 201.3. : Thb CertRlcate of M■Wn`provides evlderwa that man has 6.m •for malllrq.;..............and Interne0onal map. Promo Scott A. Dietterick, Esquire c/o Zucker,Goldberg&Ackerman, LLC 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 XCP-167616/sde TEAM C To` WELLS FARGO BANK, N.A.,SUCCESSOR BY MERGER TO WELLS Postmark ere %........_.�_ �._.._.J FARGO HOME `� MORTGAGE, INC. 1000 Blue Gentian Rd-X9999-01M, Eagan, MN 55121-7700 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 jU.S.POSTAGE*PITNEY BOWES UNITEDSTATES ZIP 07092 02 1" $ 00 1-200 A.ZO° PfJ►ST t G> 1 IC 0001387430 OCT. 21. 2013. This C■Maate of MaIIInS provides a am*that mall has been presented to USPs•for ma and international mail. From: Scott A. Dietterick, Esquire c/o Zucker,Goldberg&Ackerman, LLC 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 XCP-167616/sde TEAM C . � T�sree�.�n■ ��i ..■■■■■■n.�m�Postmark Here _ WELLS FARGO BANK, N.A.,SUCCESSOR BY MERGER TO WELLS f. FARGO HOME MORTGAGE, INC. n„ 3476 Stateview Blvd Fort Mill,SC 29715 .- .. ....- N-7 3 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 Page 3 of 6 i Page 4 of 5 NOTICE TO LIENHOLDERS I -r•�`, U.S.POSTAGE))FMTNEYBOWES j I . TjF ,MTES. j V..�MFOOMALSWVM ZIP 07092 00 This Grtiflwte of Mailints provides evidence that mal has Man prevented to Ms.ford 02 IVY 001-20' and international mall. . 00013874300CT. 21. 2013. Frome Scott A. Dietterick, Esquire c/o Zucker,Goldberg&Ackerman, LLC 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 XCP-167616/sde TEAM C CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Postmark Here F; ' Domestic Relations Section 13 N.Hanover Street PO Box 320 I Carlisle, PA 17013 i County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 t E))Pirry aowEs At UNITED STATES �..�-�• ZIP 0.7092 007 . 02 1YY - AQSTdL SERifCE6 .200 000138.74.300Cr, ThbGrtffintaofMaiingpmNdaawhlenuthatmall hu been presentedtoUSPS•tormam.y..._. 21' 201.3. and international mall. From` Scott A. Dietterick,Esquire c/o Zucker,Goldberg&Ackerman,LLC 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 XCP-167616/sde TEAM C To' PA DEPT.OF REVENUE-INHERITANCE TAX DIVISION % Postmark Here -. Dept.280601. Harrisburg, PA 17128-0601 '. t A County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 Page 4 of 5 J Page 5 of 5 NOTICE TO LIENHOLDERS U.S.POSTAGE »PITNEY BOWES tlVfTE 5TlTES`_ 4Z !700�woa ZIP 07092 02 IVY P p $ 001 C�S�/!t SFRVEC � .20 000138.7430 OCT. 21. 201.3. This Certahate of Ma:bg provldas evWante that maa hss been presented to USPS•for m0wrog.TI.._.... and Imematbnal mall. "cro: ............... Scott A.Dietterick,Esquire c/o Zucker,Goldberg&Ackerman, LLC 200 Sheffield Street,Suite 101 i Mountainside, NJ 07092 j XCP-167616/sde TEAM C To: UNKNOWN SPOUSE Postmark Here 1414 Leslie Avenue Alexandria,VA 22301 i i County of P.Q,:CUMBERLAND l PS Form 3817,April 2007 PSN 7530-02.000-9065 Page 5 of 5 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F(|rD-�FF/[F mpe�mm�r m' ��TU�P�OlAnwnTA�v ^'^- PROTHONOTARY OFFICE OF THE $,PERtFF Y�GFI`027 PM 2: 59 CUMBERLAND PENNSYU/ANiA Deutsche Bank Nationat Trust Company vs. Derick Hammond Case Number 2012-4599 SHERIFF'S RETURN OF SERVICE 09/23/2013 12:22 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Reat Estate Writ, NodceondDeucription.nndSo|eHandbiUinthe above titied action, upon the property ocated at 26 East Burd Street, Shippensburg - Borough, 8hippensbuq], PA 17257, Cumberland County. 10/01/2013 Ronny R. Anderson, Sheriff who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriff's Sale and Legal Description by certified mail, return receipt requested, to the within named defendant, to wit: Derick Hammond, by mailing a copy of the within documents to the defendant's Iast known address of 1414 Leslie Avenue, Aiexandrta, VA on 9/17/13. The return receipt card was recieved by the Cumberland County Sheriffs Office on 09/30/13 signed by Derick Hammond on 9/24/13. 1001/2013 Ronny R. Anderson, being duly sworn according to Iaw, states he served the requested Rea Estate Writ Notice of Sheriff's Sale and Legal Description, in the above titied action, in the foliowing manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Derick Hammond at 1414 Leslie Avenue, Alexndria, VA 22301. 12/03/2013 As directed by Scott Diettorick, Attorney for the Piaintiff, Sheriffs Sale Continued to 1/8/2014 01/08/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Cor|ia|e, PA on January 08, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Scott Dietterick, on behalf of Deutsche Bank National Trust Company, as Trustee for RBSGC Mo Loan Turst Mortgage Loan Pass-Through Certificates, Series 2007-6, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $951.19 SO ANSWERS, February 12, 2014 RON R ANDERSON, SHERIFF (c)w���Sheriff, Teleosoft,/nc. On September 17, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland County, PA, Known and numbered as, 26 East Burd Street, Shippensburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: September 17, 2013 By: Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2012 -4599 Civil Term DEUTSCHE BANK NATIONAL TRUST COMPANY vs. DERICK HAMMOND Atty.: Scott Dietterick ALL THAT CERTAIN lot of ground, together with improvements thereon erected, lying and being situate on the side of East Burd Street, in Bor- ough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of East Burd Street on line of property now of formerly of Beistle Company; thence eastwardly 38 feet to a point on line of land for- merly of R. Bruce Clippenger, now or formerly of David Shoemaker and Lynne Shoemaker, his wife: thence southwardly by the Lafler 65 feet; thence westwardly by said property now or formerly of Beistle Company, 38 feet; thence northwardly by the said lands now or formerly of Beistle Company, 65 feet to a point, the place of BEGINNING. HAVING thereon erected a dwell- ing house being known and num- bered as 26 East Burd Street, Ship - pensburg, PA, 17257 -1338. BEING the same premises which ANTHONY M. HOUSE, MARRIED ADULT INDIVIDUAL, by Deed dated November 22, 2006 and recorded November 29, 2006 in and for Cum- berland County, Pennsylvania, in Deed Book Volume 277, Page 3779, granted and conveyed unto Derick Hammond, adult individual, as sole owner. Tax Map No.: 33 -34- 2415 -003. 60 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lis Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co' 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 atriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and aPI have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor sad Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 13UBLICAThON COPY t: = This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn to -nd subscribed before me this 11 day of November, 2013 AD. Pub ic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Two., Dauphin County My Commission Expires. Dec. 12,2016 2012.4599 CMI Term DEUTSCHE BANK NATIONAL TRUST COMPANY vs. DERICK HAMMOND Atty; Scott Dletterlck ALL THAT CERTAIN LOT OF GROUND, , TOGETHER WITH IMPROVEMENTS THEREON ERECTED, LYING AND 1 BEING SITUATE ON THE SIDE OF EAST BURD STREET, IN BOROUGH OF SHIPPENSBURG, CUMBERLAND r COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF EAST BURD STREET ON LINE OF PROPERTY NOW OF FORMERLY OF BEISTLE COMPANY; I THENCE EASTWARDLY 38 FEET TO A POINT ON LINE OF LAND FORMERLY . OF R. BRUCE CLIPPENGER, NOW OR FORMERLY OF DAVID SHOEMAKER , AND LYNNE SHOEMAKER, HIS WIFE: THENCE SOUTHWARDLY BY THE LAf1ER 65 FEET; THENCE WESTWARDLY BY SAID PROPERTY NOW OR FORMERLY OF BEISTLE COMPANY, 38 FEET; THENCE NORTHWARDLY BY THE SAID LANDS NOW OR FORMERLY OF BEISTLE COMPANY, 65 FEET TO A POINT, THE RACE OFBEGINNING, ' HAVING thereon elected a'dtvelliog house being known and numbered as 26 East Burd Street, Shippensburg, PA,.17257 -1338. BEING the same premises which ANTHONY M. HOUSE, MARRIED ADULT INDIVIDUAL, by Decd dated November 22, 2006 and recorded November. 29, 2006 in and for Cumberland County, Pennsylvania, in Deed Book Volume-277; Page 3779, granted and conveyed unto Derick Hammond, adult individual, as sole owner. Tax Map No.: 33- 34- 2415-003. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Deutsche Bank National Trust Company as Trustee for RBSGC Mortgage Loan Trust Mortgage Loan Pass - Through Certificates Series 2007 -B is the grantee the same having been sold to said grantee on the 8th day of January A.D., 2014, under and by virtue of a writ Execution issued on the 28th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4599, at the suit of Deutsche Bank National Trust Company as Trustee for RBSGC 2007 - B against Derick Hammond is duly recorded as Instrument Number 201406182. IN TESTIMONY WHEREOF, I have hereunto set my hand d seal of said office this O( / day of A.D. 90)11 Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018