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HomeMy WebLinkAbout12-4973#12-1081 POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 Meghan K. Boyle, Esquire Id. No. 201661 Sean P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215-942-2090 COURT OF COMMON PLEAS JAMES B. NUTTER & COMPANY 4153 BROADWAY KANSAS CITY, MO 64171 PLAINTIFF VS. ANN G. RUTHERFORD F/K/A ANN G. BORDNER, 32 WILLIAM PENN DRIVE CAMP HILL, PA 17011 DEFENDANT -w ?Z, . cnr- - a axe T - ` Attorneys for Plaintiff CIVIL DIVISION CUMBERLAND COUNTY No. IA- 1/473 Civ i f-Frot COMPLAINT IN MORTGAGE FORECLOSURE NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 143.75 Po A77" a 79 /?? IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. #12-1081 POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 Meghan K. Boyle, Esquire Id. No. 201661 Sean P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215-942-2090 JAMES B. NUTTER & COMPANY 4153 BROADWAY KANSAS CITY, MO 64171 PLAINTIFF VS ANN G. RUTHERFORD F/K/A ANN G. BORDNER, 32 WILLIAM PENN DRIVE CAMP HILL, PA 17011 DEFENDANT No. Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. James B. Nutter & Company (hereinafter referred to as "Plaintiff") is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Ann G. Rutherford f/k/a Ann G. Border, hereinafter referred to as Defendant is an adult individual. 3. Plaintiff brings this action to foreclose on the mortgage between Ann G. Rutherford f/k/a Ann G. Bordner and itself as Mortgagee. The Mortgage dated October 9, 2009, was recorded on October 26, 2009 in the Office of the Recorder of Deeds in Cumberland County Instrument Number 200936238. A copy of the Mortgage is attached hereto as Exhibit 'A'. 4. The Mortgage secures the indebtedness of a Note executed by Ann G. Rutherford f/k/a Ann G. Bordner on October 9, 2009 in the original principal amount of $259,500.00 payable to Plaintiff with an interest rate of 3.244%. A copy of the Note is attached and made a part hereof as Exhibit'B'. 5. Pursuant to the Note, immediate payment of the principal and interest is due if the property ceases to the principal residence of a Borrower for other reasons then death. 6. Plaintiff received notification on February 9, 2012 that the property was vacant. 7. The land subject to the mortgage is 32 William Penn Drive, Camp Hill, PA 17011. A copy of the Legal Description is attached as part of the Mortgage as Exhibit'A' and incorporated herein. 8. Ann G. Rutherford f/k/a Ann G. Bordner are the Record Owner of the mortgaged property located at 32 William Penn Drive, Camp Hill, PA 17011. 9. The Mortgage is now in default due to the failure of Defendant to occupy the property. As a result of the default, the following amounts are due: Principal Balance $126,233.56 Interest to 08/01/2012 $340.72 MIP $10.94 Cost of Suit and Title Search $550.00 Attorney's Fees $1,300.00 TOTAL $128,435.22 plus interest from 8/2/2012 at $11.00 per day, costs of suit and attorney's fees. 10. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 11. Pennsylvania law requires that a plaintiff in a mortgage foreclosure issue a Notice of Intention to Foreclose ("Act 6 Notice"), when a mortgage is residential under 41 P.S. §§ 101 et seq. 12. The Act 6 Notice of Intention to Foreclose was required and was sent to the Defendant by regular and certified mail on June 26, 2012, pursuant to 41 P.S. § 403. A copy of the Act 6 Notice is attached and made a part hereof as Exhibit'C'. WHEREFORE, Plaintiff requests the Court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiffs favor and against the Defendant in the sum of $128,435.22 together with the interest from 8/2/2012 at $11.00 per day, costs of suit and attorney's fees. POWERS, KIRN & JAVARDIAN, LLC By: ? Gregory Javardian, Esquire Id. No. 55669 ? Mary F. Kennedy, Esquire Id. No. 77149 ? Me han K. Boyle, Esquire Id. No. 201661 ? an P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, 111, Esquire Id. No. 312653 Attorneys for Plaintiff EXHIBIT `A' Prepared by and Return to: Madison Settlement Services 300 Frederick Street Sec. 5 Hanover, PA 17331 M 4) 3 0 ILIA Cast Number: 441-94-40206-"2-M } r? C,ommtnnweafth of Penmrytvartfa OPEN-BND MOR'f GAGE (HOME EQUl7Y COIN"RS110N) TKIS MORTGAGE SECURES A REVERSE MORTGAGE LOAN THl$ MORTGAGE ("Scou rimy Instrument") is given an October 09, 2009. 'Ilse mWSagurr is Ara G. Rmber%rd, We Am G. BOr+shew, a SWI t psaraorn, whose address is 32 W91arn Petra Drivmc, Camp Hilt, PA 1.7011 ("Borrowerei, 'Mis Sowrity t is given to Jaunts B. Netter & Company, wbich is orb AM existing undw the laws of Mme, and wl ove. address is 41W Broom, Kw au City, MO "I I L ("L ). Bornmww has agreed to repay to LoWer amounts whicb l,catder is obbowd to advasm including fief we advances, under the terms of a Hors Equity Conversion Looft Agneesm cant dated the same date as this Sawdrity Instrument ("Lou Agreennesta The agmentent to ropy is ev 1cocad by Borrowers Noce dated the sranm date as mbar Security last ("Noce"). This Socrioty lit sacum to Lemhar. (a) dm repayment of the debt evidenced by the Note, including all tia ma advances, with inowest at a rate subject to adjushmw, and all rmewals, extensions and modifications of the Nom, up to a caamti nom principal anvxwt of 'twrro Howdred 119ty-lulin+e 'YUessad Five Hundred and ii#i11A0 Dsmiltta (U.94259,); (b) the Payment of *0 other sua:o, writh interrat, advanced under Pan V*pb 5 to prow the amity of this Security lnstruin eat or odtervA ne dtae suedes the teak of thin Security lit; and (c) the pa oe of Bamow ees covenants and agrawnents under this Seamy lnstnu neat and the Note. The tuft debt, indudmg all amarrnu described in (a), and (c) abovr;, if am paid earlier, is dime and payable an July IS, 2M. For this pnpooe, Borrow does bnvby nwr% grant and convey to Lender the following descrtiibcd property located w tart ba iaadC oonty, Ptauwyivo nia, which hat the adefresrr of 32 WM= Ptsm Drbe, C"* . PA. 17611. and is described more fly an Exhibit A atte:tad to and berr by incorporated into this Mortgage (" lapeerty Address") ' OGETWK WITH all the im4mmroverr its now or bereaft r erected an the propeft)? and all easements, rights, appCartennncm„ and fixtures now at beftatter a part ofthe property. All replacements and additkw shall also be cxrvered by this Security lnztrwrment. All of the lioregaing is re rred to in this Security Instrument as the .ply." BORROWER 0OVE4ANTS that Harrower is k wfWy scud of the awe hertmby conveyed and has the tight to rimottgage, pram and convey the Property and that the ftWerty is unumumberei Horrowwer warrants and will defend generally the title to the Property against aft damns sand doma* s, subpmt to any anc m tnaeaa of reco rd. MS SEC'URMY 14STRUMNT owNues tuilbrnrt. covenaag for national uw and non-uniform its with limited variations byjarisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS, Borrower and Lender giant and agree as follsows: 1. Payment of Prirnetpat sad Intre"St. Gorr we' wben dim the principal of and interest on, the debt evidenced by the Trott. PA I-Man -I_ 2. payn"t of Rope q C h"es. Harrower "I pay all property chat-sca troosisting of axes, ground rests, flood and humd test praniatak and special assessments in a timely trammel', and shall provide midence of payment to treader, unless Leader pop pmp" dwga by arithW&g rM& f-em rrsntsthly payawnsts due to the SOMMver or by arming web porno eft to a live of credit as provided for in the Lams AgreWnentz 3. Flrrc, Road acrd Otter tllamnrd bmrsom Bexv*a shall insure all imp ove nests on the ProWerty, whether sow in existowe or %&Mg hotly aft"d, aping any Ina , caabarrht s„ and c omialm es, including fppme. This insurance shall be maastaiaed in the s omits„ to the extent and fgrr the periods requireed by Lender or the Secretary of }lousing and Urban Develop Borrower shall also inseare all ftWovernents m the Property, wbetbest' now in existence or subsequently awal, against loss by floods to ibe east required by the Sa:retary. All insurance shag ba curried with coaipumies approved by Leader. 'Me insut policies and any renewals shall be held by Linder and shall include lo a payable clauses in favor at and its a adept" to, Lander. In the event of loss, Borrower shalt give Lender is diate notice by mail, tartlet may snake proof of loss if not made proar"ly by Brorrrawer. Frith houraoce ompany concanal is be reby authorized sad directed to make payrruot for such kiss to Lender, instead of to Bonrow-er and Lawler Jointly lawance proceeds shall be APPW to restom m or repair of the daa uged Property, if this restoration or repair is eoaae mically llas'eble sled Lm Ws security is not teamed. If the restarsraim or repair is no economically feasible or pi's security would be lessened, the insurance proceeds shall be applied list to the reduction of any indebtediam under a Second Note and Seoaasd Sr+m * hubu neat held by dm Secretary on the PnVe ty and thorn to the sc ion of the indebtedness under the Nowt and this Stonily Instrument. Any ctooss in ausa ce pwateds over an amount required to pay all outstanding ink under than Note and this Security lastrtame nt malt be paid to the entity legally entitled themo. In the &"w of foreclosure of this Security Iatxrurm a or other traassfer of tithe to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to irssizence policies in farex shalt pawn to the purc*asar. e. O nncy, Prrerervadoa, Ma€rttattnane sand' Prot" m of the Property Borravot 's Lass Aprpllcadoa; Le Bomr* rr shall occupy, easlaNdt, and un the Phroperty as Borrx wilds pine ell residesce air the execution of Ibis Security lastru mt and Borrower (or at feast am Borrow, if'hibially more than one person are Borrowers) shall continue to occupy the, Piraperty as B rrnwWz principal residam for the term of the Security Instrument. "'Principal reddeaW AA bow the pastas nuaraing as in de Lams Amt. Borrower shell ra am it wage or dbseroy, damage at s ndally change the Property or allow the Property to deteri v*A reasonable wear and tear owep?tud. Borrower abadl aim be in ems t if Borrower, during the two application perocess, gavel materially tie or inavouive inibran ion or materneau to Lender (Err fluted to provide Leader with any aenteriaI iusl smation) in connection with loam evidenced by the Note, rrcludiag, but not titnited to, representsl+oro concerning Boea+oNUees occupancy of the Property as a priclprt rea r, if this Se aarity Instrument on a leaa>aboK Ba *%w *A +amoy with the provide= of the least. if Borrower acquires; fee title to the Property, the leasehold and fee title shall ,oat be merged unlen Lander agrees to the mxgw in writiesg. S. Charm to Beprrwftr and P rotecdoo of Le *s to In Me Pnipwq. Borrower shall pay all govaurventarl at musticipal chsorgea, f m nod impo"m that are no hweluded is Paragraph 2. Borrower shall pay diem obligatusns an dm dowly to the nutty wbkh is m W the payaamt. If fiulum to pay wadd adversely affect Leader's fi tea its the Pnappc rty, qm Lender's reaper Barrcwear shag prorapdy fumish to Lender tecapts evilas ong thm psyraents. Borrower droll promptly discharge any hen which has priority over this Security IdOwnew in the maemxr provided in Pauapasph 12(c). If Borrower ails to make these payments or the property charges required by Pwsgrspb 2, or fails to pexfarot any other covenants and afire seams of d in this Stocky bu mment, at them is a leagri prroceaftes that nay significantly a!lbet Laandet't rights in the Property (suede as a proceeding in bamirruptesy, for cand aanation or to ens force laws or regulatiow , then Leader may do and pay whatever is necessary to protect the. value of the Property PA 14 MarqW -2- and lender's rights in the Property, including pays mt of taai`es, hazard ittsmare and other item mentioned in Paragraph 2. To pnim Londe s security in the Property, Leader itWl advance and charge to Borrower all amounts due to the Secretary for the Mortgage Insurance Prradanrstr (* IIM as deltrned in the Low Agee ment as well as all sum cleat to the loan se rvicer for savic ing acavkies ("Savieing Feel as defivedd the Loan Ag ea tt. Any am mts dhsbtaxed by Under under this Paragraph shall booonte an additional debt of Borrower as provided for in the Lan Agreement and shall be se etwed by this Security lnstrtryent. ti. Ikon, Leader or its agent nwy tatter on, ire *a or snake appraisals of the Proerty in a reasr rise rnatiner and at reasoaalle tip ptmvitkd that. Leader shall give the Borrower notice prior to nay inslvetion or a sisal spca'rty ng a PAPOW Cate the i=50Ea<irou or VIPPI soh which WAM be related to Leaada s intervo in the Property: It the Prsrl" is vaea m or aNtodmted or the Isaac is in dt fwk Leader may take rmonable cairn to protect and pr w+e such vacwt at *bmxkoW Property without notice to the Borrow. I Can dem attlon. The proceeds of any award or claim for damages„ direct or conseqatatiaL in connection with any condenwation, or other taking of airy part of the Prropearty, or Ibr c o nverace in pl= tbf lion shall be paid to Lmder. 1"be proceeds shall be applied trust to the redixtion olany iendebtedom under the Second Note and Second Smmity tit lid by the Secrietsry on the Ptoperty, and these to the ruction of the indebted under the Note owed this Sawrity lnashounsab7rt. Asy acess praoee& over an amnount reored to pay all outstaring indebtedness under the Note and ibis Se cushy lastraaneat wall be paid to the entity legally entitled thereto. S, lees, Leader nay stillest &w and charges sutharizM by the Secretary 9. Croamu for Amleratloay of Debt. (a) Due and Pgabte. Lem may rebgetire inunerdife payment in fm of all sums secured by this Security lit it (i) A Bortvwar dies and the Property is not the ptin6pal rttsidea w of at least one surviving Borrower; or (ii) All of a. Borrower's title in the Property (or his or her tbcmficW honest ieml a trust owning tU of part of the Property) is sold or odwrwbe transfm~!dd and no other Borro r re wins (a) tide to the Property in lido sib (b) a leasehold under a lease fiber to less than 99 year's which is renewable or a tease havial; a retraining peened of not lest the 50 years beyond the date of the 1tJt)tly birthday of the 3'ount3d Borrower, or (c) a Iife estate in the Property (or retains a be neftial interest in a trust with such an interest in the Propeny). (b) Dame gad Pard& witlb 5ecr+etuy Appr-ovaL Lender may require iumnedift pa}wacast in full of all autos se curd by this Security lit, upon approval by an authorized mpreastative ortbe Se axtwy, it: (ii) The Prope dy as to be tine spat resideaceof a Borrower (br reasons tuber than deft sad the Propoly is not the pr l residence of at least on other Bwower, or (ii) For a period of bataW dm twelve (12) consecu ive rnoatbss, a Bonv werr tridls to physically occupy the Propme ty because of physical at menial iciness wid the Property is no the principal reMence of at least one other Borrower, or (iii) An obligation olthe &xnower under this Shy lasttumrra nt is not perfommd. (c) Notice to Leader. Borrower "I notify Leader wherever any of the events limed in Paragrapbh 9(axii) and (b) occur. (d) Notice to Seerewy sad Borrower Leader shall notify the Semen and Borrower whenever the loon PA I"MM*W -3- becomes clue and payable under Paragraph 9(s)(ii) and (b). Leader shall not have the right to comnuace foreclosurse until Bortvwtr has had thirty (30) days atta notice to either: (i) r?orrva the matter which resulted in the Security Indrumeat coming due; and psy*W-, or (ii) Pay the balance in full: or (iii) Sell the Property Car the lesser of the balance a r 95% of the appraised value and apply the net proceeds of the sale toward the balance. or (iv) Provide the Lrndw with a deed in lieu of foreclosure. (e) Trusts. Canveyaacve of s Bur>xro vWs interest in the Property to a trust which me is the rquirements of the Seat tatadry, or conveyance of a trot's Inwrests in the Plroperty to a Borrower, shall to be considered s conveyance dire purposes of" Pwagraph 9. A trust shall aloe be considered an occupant or be considered as having a principal residence for purposes ofthis Paragraph 9. (f) Mme Net ttazetrt& Borrower agrees that should this Security Instrument and the Note not be eligible for insurance under the National Housing Act within tight (8) months 6vm the date her K Leader may, at its option, re Vire immediate payment in full of all sums mcured by this Security Int. A written statement of any authorized spat oftbe Secretary dated afte*Ment to eight (8) months fiom the date here, declining to insure this Security Instrument and the Note, shall be deemed conclusive, proof of such inelipVity. Notwithstanding the fnregoisg„ this option may ore be c tercised by l extder when the unavailability of insu a= is solely due to t.endn s tiu ure to remit a mortgage iatamwe premium to the Seattary. dd. Net D dIckney jakwa& Borrower shall have no personal de`smoty for psyct t of the debt secured by this Security Instrument. Lender may vafaree the debt only through sale of the hop", Leader shall sot be permitted to obtain a dear + jadpwat against "Borrower if the Security tit its Roteclused If this Security Instrument is assigned to tc 5earruiry upw demand by the Sccwtiary, Borrower sW not be liable for any dillbreace between the marqM tasumace bansfta paid to Leader and the outmanding atdebrtetlttt K including acaved ink, owed by Borrower at the time of the assignment. 11. Relastateummt. Vocrow has a right to be reinstated if Leader has tequirced immediate payment in foil. This right applies even adltr fmclostwe praam n V art iEaati uw& To re msuite this Security ill, Borrower shall oorrrrt the condition whkh resulted in the regairemeat for axe payment in full. poroelos re costs and reasonable and cuimmy attorneys' fees and cqwasei prtop wly sawed with a keECleaEt m proceeding ethall be added to the principal balance. Upon reinstat t by Bwoww, " Security tttwumetat ad the obligations than it Secures shall rrtrraain is efdtrct sat if Leader head ad required iramedatte payment in died. Hwmvvor, Leader is nd rtgUirexd to permit reiostatetrapat ii:(i)1.aadar has taxpied reinsiatement titer the oommancemom of foreclosure pracoeddiap within two (2) years immediately preceding the commencement of a d%trri i rmcclosure proceeding, (H) Mustatement will prodtade li raclosum on diffemi grounds in the fixture, or (ii) reitxstrlatament will adversely al'Ce a the priority of the Security Instrument. PA I- Mortpgr -4- permit the original hem status to be extended to futum loran advwcM Borrower wit! be cued to have tailed to have performed an obligation under this Security Int. (b) Tact Cktetrn! Prap;,raauc. Borrower shall not participate in a reed estate tax dehrral progasn, if any liens created by the tax deferral am pelt subordinate to this Security Instrument. W Prior Lie:uL Borrower shalt pionrptly discharge any tiro whir has priority over this Security Insmi ent unless &r wrr: (a) agrees in writing to ibe ptnytront of the obligation socurred by the lien in a txuemnctr awe to Gender, (b) contests in Sood taint the lien by, or deim& aga mat wF rtement of the lien in, legal proceedings which in the Lander's opinion operate to p noeut the efi rr n of the lien or forCtitu re of any part of the Property, or (c) secures decal the holder of the lien an agreement wisfiaoy to Lander subordinating the lie to all amounts scooted by this Security Instrument If Leader defenuine s t my part of the Pimpeaty is subject to s lien which my stain priority over this Security Instrument, Lender my giver Borrowers notice identifying the lieu. ewer shat! satisfy the lien or truce one or more ofthe actiraarts sex (crib above within tern (10) days of the giving ornotic e. 13. Relationship to Second Seenrity Int. (a) Second Security tree t In order to sere pa;<yrowts which the Secretary may make to or on behal for )borrower pursuant to Section 255(i)(lXA) of the National Horsing Act and the Lin Agreement, carless otherwise pnovklcd by the Secretary. the Se cremy has required Borrower to execute a Second Note and a Sccwd Security Iszbwnent on the Property. (b) R,etsdosahip of Forst and Second Security. Insft out . Payments oracle by the Secretuy shall not be included in the debt under the Now unless: (i) 11" Secuviiy fnstrarneot is assigned to the Secretary, or (ii) The Secretary accepts reimbursement by the Leader for all payments made by the Secretary, IC the circumstances described in (i) or (i) occur, than all payments by the Secretary, including interest on the payments but excluding late cls:rgea paid by the Secretary, shall be incbaded in the debt under the Noe. (c) Effect an Borrower. What thecae is no *W t or nymbeasementt as described in (bXi) or (ii) and the Secretary rakes paytnrxtta to Borrower-, then Borrower shat) eat: (i) Be required to pay amounts owed under the Nott, or pay any rests and revenues of the Property under Paragraph 19 to Leader or a renewer of the Property, until the Secretary has rmWired payment in ruff of all outstanding pri:o*e! and accrued Warest under the Second Note, or (ti) Be obligated io pay interent or shared gpredation user the Now at any damm wtetber accrued be-five or after the payer by the Secretary, and whether or toot accrued interest has been included in the principal balance under the Nate,. (to No Duty of tit Secretary. The Sorry has an duty to Lender to enibm covenants of the Second Security Laoutnent or to take atoms to preserve the value of the Property , even though Leader may be unable to cobact anio nts. owed ender the Mote because of restrictions in this Pat age 13. 14. Forbear s by Leader Not a Walver. Any Awbeatanc e, by Lender in exercising any tight or re mady shall not be a waiver ot~ or preclude the exercise of wry right or remedy. 13. Saaccestsors and Ash Bound, Joint and Sew Liability. Tths covearem and spec ents of this Security Instrument shall bitted sad benefit &e succors and assigns of Leader. Borrower may not "So any rights or obligations under this Security Instrument or under the Note, except to a trust that meets the requ tints of the Secretary. Borrower's covenants and agreement; shaft be joint and several. IC Notices. Any notice to Borrower provided for in that Security hmto heart mall be given by delivering it or by mailing it by fast class mail carless app ic" law ra pires use ofanother method. The notice %ball be directed to PA 1" tr W -5- the Many Addressor any odw addre all Borrowers jointly designate. Any robot to Leader tdratl be given by first cuss mil to Le `s address stated herein or any address Leander designates by notice to 8c r. Any notice provided for in this Security itsttra etch shall be dearned to have been given to Borrower cr L.eade+r when given as provided in this Paragraph 16. 17. Governing Law; Severabillk r. This Security Castrumart shalt be governed by Fadaral law and elm law of the jurisdiction in why the Propedy is boot. In the ewmnt that any prevision or driest of this Security htstrwnent or the Note conflicts with applicable law, sieb cmffid shall to affect other provisi a of this Seatri`ty lnstrutam or the Now which can be given effiet without the c o afcting proves. To this and the provisions of this Security lnsmnnent and the Note are declared to be sever 18. Borrower's Cory, Borroeer stall be given one confixuted copy of the Note and this Security Wortumt. NON-UNIFORM COVENANTS. Borrower and Leader firtther ommat mW agree as Endows: 19. meant of Resents. Borrower unconditionally aasigas east ftmaz&m to Larder all the .rents and roe emoex of the Property. Borrmvtsr authorizes; Leader` or Lande,e s sgmu to odleci the rents and reverts cad hmby directs each tenant of the Property to pay to rents to Leader or L. er's agmts. However, prig to Lender's notice to Borrower of Hturoce a 's breach ofany covenant or agreement in the Security lrastrusanK Borrower shall called and receive all rents and re;vettahrs oftbe Property as testate for the bmfiit of Leader and Boertsvve r. This miganwat of rents coratitreea an ,abmWe assigntrant and ad as amigment for additional sommity only. if Lender gives notice of breach to Barroww. (a) all reams mcaivod by Bernmear shall be held by Borrowaa as trustee for benefit of Lender" only, to be applied to the tams secured by that Security ltenrm aw, (b) Lender shall be e mitW to collect and receive all of the rem of tots Property, and (c) racb tenant of the 1 hV&ty shall pay all rants clot and ampaid to Lander or Lendet s agent an Lmdaes written de d to the temsmt Borrower tsar not examited any prior rswig at of the teats and has not and will teat perfio m any tract that would prevent Lender from tsxa cising its rights under this Paragraph 19. L.eutler shalt cot be required to easier upon, take control of or mraintatss the Property before oc of giving notice of breach to Borrowetr. liavvmw, Leader at s.l ly upp ed receiver may der so at any tinattc thaw is* hmach. Aay application of rears shall no cure or waive easy dAu t or invalidate any other right or ra etty of Leander. This assignment of nests of the Property shall terminate when tin debt secured by this Security lostsummi is paler in full.. 20 Pa rectetsum Pnwedttt v. It Lender r"Wes immediate payment In full era dw Paragraph 9; Lender may fore dme " Seem* bsulment by jedk d p*udhW lxaader shill its gadded to collect so eqmmes lnewTcrd in punter dw arm pemoldtil In tbb PWftrapb 2% but taint Rea ted to, aftmmys' tees alts! cab of title r. Idenc a to dkt mleat perudited by q*llemble lame. 21. Lkn Prlarttyy. The AW amount seoeuead by thiat Secuuirt lustnrasent shall bane the same priority over any other liens an the Pa+opearty n if The full ascent had been disbursed an the date the initial gist was made, regartkm of the actual daft of any diabrarre menC Tito ass wJM secured by this Security hatrunwat whirl include alt direct payments by Le Wer to Borrower and ail tether kaa advmmen permitted by this Security tnatrunuent for any purposes This lion priority hall apply notwithstanding any State to umhut m taw or reegnlasiaa, except that this lien priority sheD are aft% the psitariity ofany fim for unpaid State or local governmental snit special its or taxes. 22. Atli"" Raft P'UMM t a the 1'+tattx, the marl reared rote" rate of `!'lest and 244f 16W putt (3144%) which aaccwea on the unpaid pmt bahacc ('tad l msat RaW) is sweet to chamM as described below. When the tatemst raft cbmaM the saw adjtnhod kaerast cast will be applied to the renal outitanding principal baianace. to the iute mst rater will the based ripen the One- +looulh Lindens tic PA e"HtwVrre d>- 4l Rate ("I lOW) as ms& available in the "Mo ty Rates" seaetioaa of this Wall Sbvo Journal ("Index") plus a margin.. If the Index is no k"er available, Lender will be required to use any Index prescribed by the Dq mrttate~nt of Housing and Urban Devdopamtat. "Ihe new hi&x will have a bfsteaarical nxwement substantially similar to the original index, and the uew indu and margin will, malt in an annual pemenuV rate that is substantially similar to the trite in e#bse t at the time the oviginad index becomes unavaitabit Lcaokr will perform the calculations described below to deWrnine the new ad uacd interest rase. The interest rate may change on the lust day ofd 1, 2W, and on _ than day of each succeeding yea, 2L the first day of each succeeding nxmth (OC hmW I *Wj until the loan is maid in full. The value of the Index, will be deft ratined, using the toost rectat WM f umlih Mie thirty (30) days befin the Change Daft ("Cts€tnart .hmkx*) Befn cads Changt DMe, the new interest rate Will be calculated by adding a margin to the Cantata Index, 18e ssm of the ar t plus flue t" tnrraxa Index, spttoo to the rate lmiusions below, will be called the "Calculated I t Rai" far eadr Change Dft Thu; CalouldW Interest Rate will be COMpared to the inderest rates in efled kmnoadiotely pier to tbo cu rM Change Daft (dw'°Eat?tirtag Interest Rat"). AnnumMy Adjus1bg Wrlasbk Rait Fettwre • The Calculated Interest Rate will new increase or dame by more than taco Percentage iwinu (2.0%) on any singles Change Date. The intent rate wall never be lumen than five percentage points (5.0%) higher or lower than the Initial Interest hate staged in Paragraph 2 of the Note. Menthlp Adjustling'Varkble Raft Fermat -111 Calculated laatereat Rate will never increase above 13:Z4M The Cakulatod Interest Cate will be adjusted if accessary to wordy with the rates limitation(s) described abo" and will be in tired unfit the out Chop Dafe. At any Mange, Date, iC the Cakttb tad Intel eaat Raft equals the Exisdag Interest Bate, the interest rate will not ch mip 23. R,eltem Upon payment or all tatatas swurW by this Scowity Imaument, this Sretn* Instrument and the estate conveyed shall to nate and bauoom via & Alter mica oca rr a ce, Lsertder sWR discharge and satisfy this Security instrur> t, Borrvwer shall pay any recordation courts. Laattler owy chuge bonower a fate for rtlessing this Security Inert, but only if the fuse is paid to a third potty for services Tendered and the charging of the fee is permitted by appticable law. 24. Waivers. grower, to the t%tW pa d by appticabte law, waives and role s any woo or defects in mweediags to enfaree this Socwdy hnuument, and hereby vraives the battdt of any Pmt or future laws provkhog fear may of exacutiora, extension of tune, exanptiat ftm attadbonent, levy and sale, and boraefted exesttgvtion. 23. Relaas Pula L 13orrowsar's Beane to rt trite Movided in Par pspb t 1 sball eastatsd to one hoer prior to the ctmnarcmcme nt ofbidding at a dwifi's sale or oiler miller pt t 10 this Sawn ity Instru nt. 26. Puachm Ma wy Moor If may of the deli secumd by this Somwity lusbvnstatt is last to Borrower to acquire title to the Prop". this Saecut ity kwument AA be a pale money mor 27. Interest Rats ARtr Jet. Sour deer mgscex that the ivierest ate peyrrlsk after a, nett is eakred on the Note or in an action ofoxvipge ibredowre shall be the rate payable Grope taut to tisane under the Norte. 2$. Ob tory Imo Advuom Lam Ws respoesaibility to mtalm Lorin Advances under the terms of the Low Agrcarnetry suchding Loaf Advanoes of principal to Botxower as well as Loam Advances far interest, 1b1JP, Servicing Firs, and ashen cltturrgea sh oll be obligatory. PA I- Mw -7 29. RMers to this Security Distrumeat If use a mom riders are caaded by Bamower and recopied tosetheer with Ibis Smuity Ilk the Caw ants of each, smeh ruder shalt be iiu porttrad into and stall orsa l end supplement the cotes apd a to ofthis Seavity instrument as ifthe rider(s) were a part orthis Sew* Instrument. [Che ck alfriders; tbatare appliaabk) This is a contract under seal and may be enforced incur 4; Pa.C.S. Section 5529(bl BY S1GI BELOW, Bonower accts and agm to the terms and oawortants catItained in this Security Instrument and in any ruler(s) executed by Bcffw* r and recorded with h. Witncss C,atnlweatth of pemmylvaaahr Cousty of `moo t I< ix, thts G. earf`atrd, instrwaent, an In witness wbe Notary i''uldt" [SEAL) day of 2 befcert men e- L. C' the undersiped office r, permwity appeared Ana known to M (Or Zetit iKtMi ) to be the persenr whose name is abscribed to the within . wWged that be a xacuted the same rear the pwpam therein con aina I hereunto My commission expires; PA I--Ma V9t -a- MOM t : k*"4 ".. . a mmv Cdr w2 ' eet ?art CERT CATS Of SIDENCE OF MORTGAGEE Lvx eatify that the atlbess ofthe withain-owned 989*s) is. 4153 Srwdvray, Kmtm Cltyz MO 64131 or thaived motive ofmwgs s) Print Nate. Tide (tf not Mart tom): mwpgee Print Nanw PA 1" 1N9WDr -9- MEW A Exhibit A to the Mtopp given m Odaber 09, U03, by Ann G. Rndmft vk Am G. Bardeff, a sloe person ("Borro*vr) to Jams IL Netter & CAuq ay t"'Lmdvr*? T'he Property is located in the o wnty of CoubtrUnd, sole of PA, and is described as follows: Drsariptim of Property Ste Attadred U*W Dfte*fim. Exhibit AA ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A STAKE, SAID BEING ON THE NORTH SIDE OF WILLIAM PENN DRIVE ON THE DIVISION LINE BETWEEN LOT NO.27 AND LOT HEREIN CONVEYED; THENCE ALONG THE NORTH SIDE OF WILLIAM PENN DRIVE, SOUTH FIFTY-EIGHT (58) DEGREES TWENTY-ONE (21) MINUTES WEST, A DISTANCE OF SIXTY (60) FEET TO A STAKE AT THE CORNER OF LOT NO. 28; THENCE BY THE LINE OF LOT NO. 20 NORTH THIRTY-ONE (31) DEGREES THIRTY-MINE (39) MINUTES WEST, A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A STAKE ON THE LINE OF LOT NO.30; THENCE ALONG THE LINE OF LOT NO. 30 NORTH FIFTY-EIGHT (58) DEGREES TWENTY-ONE(21) :1\I INUTES EAST, A DISTANCE OF SIXTY (60) FEET TO A STAKE AT THE CORNER OF LOT NO. 27; THENCE ALONG THE LINE OF LOT NO. 27 SOUTH THIRTY-ONE (31) DEGREES THIRTY-NINE (39) MINUTES EAST, A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A STAKF_ AT THE PLACE OF BEGINNING. BEING LOT NO. 28, BLOCK "A"., TRACT 2-A, COMPREHENSIVE PLAN OF LOTS, CUMBERLAND PA Y., SURVEYED FOR ALIEN PARK, DEVELOPMENT CORP., FILED ON SEPTEMBER 14, 1. 950, IN PLAN BOOK 5, PAGE CUMBERLAND COUNTY RECORDS. SUBJECT TO RESTRICTIONS AS CONTAINED IN PRIOR DEEDS ON RECORD. BEING THE SAME PROPERTY, WHICH BY DEED DATED OCTOBER 4,197 1, AND RECORDED AMONG THE LAND RECORDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON MAY 15, 1972, IN BOOK 24QPAGE 828, WAS GRANTED AND CONVEYED BY OSWALD E. BORDNER AND ANN G. BOR.DNER, HUSBAND AND WIFE, UNTO ANN G. BORDNER. Commonly known as 32 William Penn Drive Camp Hilt, PA 17011 However, by showing this address no additional coverage is provided. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17413 717-240-6370 Instrument Number - 200936238 Recorded On l0/26r'ZM At 11:35-14 AM * Instrument Type - MORTGAGE Invoice Number • 5M O User ED - KW Mortgagor - BORDNER, ANN G Mortgagee -.TAMES B NUTTER & CO * Customer - MADISON SETTLE SER L.LC * FEES STATE WRIT TAR $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $25.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABIR ROUSING $11.501 COUNTY ARCHTWS L"EE" $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAIL) $62.50 *Total Pages - II Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D DS * - information denoted by an asterisk may champ during the verincatbon protrss and may not be reflected as this pate. tXltLP7 111111, III EXHIBIT `B' 11 VrATF OF 11 - t -tober 09, 2110 PROPERIT AOURW 32 William Perm Ur4w Camp HK PA 17011 Ctmbrtinad t;,WN'I'Y Pct x Cast Number. 441-9453203-"MSS JA N'Numlier; 1. D"1NfTT43€4S '6cxrowa' mr,ns writ perso t suing at the cod of ft Note. 'Lade mau* James P. Ncdtrr dr Company =A its sucmc nrs aid assigns Y =adwY mitt the Secretary of Hossaing rod UrLh an Do tlap mein or W or itar aurharired naptrwentatives L SORR>`3tt't:1t'S P1 OMME TO PAY: lh In return rcr am. wo to be advits" by Lse,sler up too maximum p incipal artwtmt of T- floaaalred Filly-Nine T1?aatand Rva Nvatired and OW106 Dollars (x259 4114.011), to or for she.benefil of Baretarwr cider die sans or a Hake 154uhy Canvemsian Loran Agramrttt dassd Ortaber 09, 2009 (*Laan A ere"}. Borrower pramuas to pay to the order or Lehr a pr' alsitl samwnt ogtW u she sane orall lacant Advanca made anda she Usan AVvantat wM inttx+tas. All xrnotatts advtatvW by Lmskr, plus interests. it not paid aaiier, are "end pa),abk oar Jady 1 c.1' 2002. dtnurese wiN be t#wppod oa unpaid prinegoat at ? rate of 7'hrba and 244.1060 pt rmv 4l4s%) par ymtactic rho fu11 amatra or prifk ipd has bm p*K Mw i tesdt rate may chaftge in stecortliaze trrith Paragraph 5 or this Next At se aid or cKh moath, waved nttrtst 4M be added to and Made peat of the principal Natant a as a Loan Advmccrmil d*O likewiss: tfi ler bear inierest. The low rot: required by this Paragraph 2 and Paragraph 5 of this Note is the tate of its 1lanrtrvrer wilt pay no the outstanding balaaa both before and sites this Note bevotoes due and' payable as dc=ibecl is Paragraph 7 of this Nato, Until rgaynteru ra #i=H is "Utdc. 3. PROM1SFTO PAY SECURED Hwrcnvrr'x ,mot a t e to pay is *K w)W by a mawsvt pe, dtrad or bexo oe s taw *wumy atarunatsts that is dated the ume date as th s :dote rood eAtlnl the "St+caarty laurtsmtrts." The Setivily 1nantmmt motetxs the teatder from kxcsex which might restill if 1tknvrtvcrtkki .is tmdcr this Mac 4. MA-"t ',R t OF PAYNIEVI (A)'lmc Sanowo shrill 1"y oli attslao ft prbtdpol and actrtsod atlenesr to Lander Won reu ipt ors notice by Leader requiriog numedime payment in tint ns provided in Psragttph 7 ordsiat Note. (9) Patter Parrs" shah Iv made at 4153 Broadway. Kaaasas City, MO M 111 or arty such other placer as Leader may desi$ttste in writing by not.kc so Sm rower. IQ ii ian of Liu ry 13orrnevnr shall ltevt no ptrtm?l Fiabilgy frr payaprtt of ilia tidal . Lender enfe to the debt Wy through aria of dst Paawy +cred by Nu ?extr ty Instntssnaatt t`Pr'apatY"). Ift1 t N u amti®ead la &+a S+a y, firo llnrrow siu11001 tx 6W for any difibraut bocci en the martVV itasissaet beriorts paid to Lander asad die otesmrtd'tag indebledimm including "Oued htwem. owed by Home: rr m the time of dte tsm4grimaw S. IN'1'1`11E.S't RATE C1IANCF:S Chtinge Mir 'the interest m f r"y 6stnge eke Ikvrmber i, 2609 WW on _,,,, shot day of tarh sueceeding year. or _2L. the iiret tby of melt raccrcdsng m > ; Et. 'Chnnve Ome" rt+esms esteh Mee rm which the iMetky t rase rmdrl chase (a) The Indrt. 6egirrtias will the rust C hangs the imaw tart will he hosed on art lttdtx. "lndta" tn,aana she Or?lonth I ondtxt hAe rtonk OM i -i Rasa ("L1WR) as made: avaiklrk in the %socy Rana" swim orthe Wpb Santa Journal.. "C,urreal kid"' means the mm recast Index figure avaUsle 30 days before an i pe r*, if the hxkx (so dafid above) is no inner availiiW Leml r will use as a arw Index any hid" Prescribed by the Secretary. Lander wi11 give Borrower notice of eht new Index. IQ Cxtceb*". of Interest We Change. Befisrc Bach (f :age Doic. La4a will caltvWc: a new kaomso ntrc by adding a rrxugin or3.600 p v*-M a POWs so the cmrm" ittctea:. Subim-1 o the limits Mated in Pwnprtph 5(D) of this NoIc. this xrWXW will be the new intetest aft noun the minter Change Rorie 11 AiJ1USTABLF RATE NOTE (HOME EQUITN'CONVERSION) F" 0 tD) Lirnhsan Inicresit Rate Chmqa _ '%ranurd: The snitrw rate will new i crease or diet =W try Mora than two Percentage points (10%) CM any ?irrght Chripe We. The idttrast tat will never be mart turn five perceauge points (3.0%) highrx or lawn th= the initial un rest tale Stated in Paragraph 2 of this Mote. AlarNhlp. The intorrst isle will tx»tr izxrmsie above 13,244%, (q .Nodce o f t hanVii Leader will gif nraii, to Plonox-rr orany d mp)t in the interest not, The raxice morn be given al test 25 days hettxe ate new interest rate till •i etket, and mail net donne (i) uto dw or the nt4ice, (ii) the Dump Mir. (ii) the trio interest rata, (iv) the new intersas tae, (t f the Currvni Inlet and the ekte it was putlished, (vi) the inethaf of caicuta4aag the adjured i iftw rate, and (iii) may rther infix iiim %fvkh may he mpikxl by kw tttxn time to time. (h") gfhettirr p; ale of Cutts A now inhrot sate calonlattd in accordance with Pismo ryplas 5(CJ and 5(D) of teas Nat will btotne elfedivc on the Cbsatpe Bale, unless tl, Ott age pate oceans lass tip 25 data alter lender has given dpi rre"ired nosica if the Interest rat calciAted in aC tnrr wits. Paregn+atbx S(C) and S(f)) of this Nuts dunwwt tar Leader railed to give tbnely mice of the deans, and applied a fright roe than the rata which likould have been asetd in a timely notice, drat. Linder slut! rocakulate ate pineipaai holari a owed trsaler ilsis Mae so it doas w reflect any excessive interlest, &. BORltb'1 UR'S RIGHT TO PREPAY A Borrower ctx •iving mo td?Iy payments under the Loan Act recniett i has the eigla to pay the debt evidenced by this Note, in whole x in part, whir.ga doge ot pcntehy, Any anoutx of ddx prepaid will first be applied to radace "principal balance of the Second Nae ds.ttifW m Parsptrapth I I of the Note and than to retbtce the principal balance oftbis Note. All prepayment: of the principal balance shall be applied by Lander as thilows: Fish, to that pas ion orthe principal balance reputritingsggragate path for morigoge ins ritam prerniurm r to rise i ortirn of the p iticiipal balance rcIttesetating aggregate Payments fir saviei ng fires: 7,i , to that p vtion orthe principal balance repremdrig acvued interest dot tender the NOM and gip, to the i t rushing ptxtiori of the ptmcip l habom A Bmvwer may specify wl *tW a prcprymem is lobe txediltd to t hat portion or the p indrW ballnum relwac Ling monthly payments or the line orcrodit, If Harrower tim that desipptate which pcxli- nr the Principal lulanre is to hta prepaid, Letitia shall apply any partial pram marts to an existing line of arttgt or create it new line or otiddiL Any partial Psyllium will be task avaibble to Ii+sm tw by iaartesdinng the afnaunt of Pltrrower`s "torhthly la its andta ioc restsing the smouut smulable, to Borrower for Loan Advances under a tint of crud it. 7, tlsii? EDIA` E PAYMENTIN FULL (.l) tyeath or &Ile Lender tasyrrtparirc itrunwiste airmen in chill oral) t pxtrnipal,stud accrued itertst if- (i) A Pkyrower ,fia4 and the Property is nil dte princpal residue oral lash one surviving Borra wcr: or (ii) All of a illo rowor'a ink in rho Property (err his or her bonefaeial interest in a trust owning all or pat of die Pit") h ruler or otherwise tratuAWW and ao dher Worrovnx towns (a) title 10 do liroperry, in tae Wit. (h) a tostool i mder s Muse far no lest then 49 years which is renewable Cr a k"t haviall a ransittint periM of no ku then 50 yaaa hoycnd Ott date of the IOM hitdaday o#'tfit youngest Harrower, oar (c) a life c e in the MiVorty, (rsr ftts nw is bens al interest in a bust with such an stttrest in due Prap of y). (R) Other Grounds Leader may rrctpuire inmodiatr payment in toil of al outstanding priata, a1 and auxued interest. Won %,W by a» aatltarvaf re;resealative aftlst Sttaelillry. it (1) The Property ceases to be the prinaptaf rraidsam as Haorrowes air reasons outer titian dash and the Property is not the principal roridoom *rat Item ails o&er Bortttwer: (4) For a period of lart.a than twefm (12) consecutivc MXWIa„ a Hormwrr rails to pbysicalMy now" the Property hetsruse of physical or mental WwA and the Property is sat Ow pnttcipcd realdenea of at lot me ether Qasrpwa; Or (iii) An obligation of the Borrower under die SaMisy haVura ttt is sot pmfarmed , (C) Payliaott of Cash and firAmes if land r puts r astral irsvn> a pntymem its (dl drscribrd air h? the deter air thrs>tegas sale al tit Prcgttcty any ittrh tit was wntl expm re, indudin% ra mnoirite owl tuatornary slsorne)e flee, amtoc fated wilt asfo vmw w or this Note to the exlew nil prohibited by n, trrahle law, Such fees and casts"bear interest from the date of&btA enWM at the virm me as the principml cif this Nc%e,, Frail Npw 0 0 (0) Trust, COAVCyaate or ; 90(rowd's latent in iht IYctperty to a crush witidr nstets rht tttt7tsanemtxtts of Ifst Sacraary, or conveyattct of a irust's into" irs Im Property to a Bomwer, stall no be cmaid t-ed a cmveytnoa to ptapota of this Paragraph. A trust shall not he tattttidered a. r t rxulmnl ctr bo ecxsra dd i d as ttavrng a prittei}atl residence r" purpmes of thix Faragrgk, & WAIVMN ttnnv*w ww", -the to" of pre*amno r rued nakv or diahoaor. 'ltodtntrneat mtynar tkC tight r6 ?Wttiro Lander to detttand payment oranu tests dice. `Notim or dishmv, merits the rt'gbt to "Wirt La dw to give ediest to etcher pats" hats arnasnaa ttut ha %t not been pm 1. 9. G IV INI COP NOTICES Wk m icw- taw rctpaim a diftartttr method. tarry mina din insist be given to Harrower uatdcr has Note will be gryKn by dekrering 0 cr by imaging h by fim dm nwA to dtnrra w at the Plropony o*lm tt about or as a ifs irmt a&Vm it Harrower has gi ven Leade r o rtctke of 86RtY[tirdSt fterettt ad *m Any notke dtat mvia be Ovm to U=iw lardrr *k Nat *0 be given by first t mail to Leader as the addren mod in Aamap tiph 4(tt) cr m a dicta vvu addre a ir8mm*er is ghat s mite orthat i&Maea addms& It OHLtCA'I'IAN5(I PERSColi(S JiifDERTftj5hX is It mat than om pmm tapes this Wet etadi persist is fully oNosed to keep all of the pramim mWe in thit Mote. L.aider may en roroc its rigln, tmtla this Ntve only thrmfli mle orthe Priveily. 11. Nl«LATIC'Mill' TO SYCOND NOTE (A) Second No ,; 3cmt.tt Rtvv,, rr will he r",irmi to nvay attemasit whidi the :seadary may nuke to ra on bebalr or Borrower tximtont 10 :icctia+n 2556)(i XA) of the Vatitmal Hataittt; Ad and rho LoAn Agme "mi, the Sean y hat rogttkM Aor? to grow a Second Note to ft Sacs Oars, (8) PAUtdonsJO) of Serritletry Paytt*nU to Okla 3aote l'ay mcats made, try the Srattary stein axe he Ott AmW in tiro deia due under this Noe coitus- (i) This Neste k naigrted to ttM Sour: or (i i) The Sec W-1 accVs m4nttxawmcrtta by Ilm Laa3ar fa' dl paynsentx nwht by he Stxtrrtary. it On cinuustances dew*W in (i) or ('t) occur. thde All paym nss rm k by the Socrdvy, ioduding io st on the pAymexIM shall be kKhWnI in ik debt. (C) l:tW an It rrower Where there is rta as>agnrnaoo or r*krjxrscnmm as doisor9 tat in (0)(1) or (it"), and the Smtm y mdrta payments to f3orroweT. then Borrower skirl] lid; Be required to pay armarrts owbti mda chit Noe until dro Stxaemy ha ra pdmd paytnettt in tuff or alt ouistraiding ptirrtipd and tr=uW irtwaat under the Second Note acid by the Saxxetivy, no!«ithatandtrtg anythitg to the cathuy in PwV%pb 3 of tbit Wad or (i;) Ice oblitprud to pap W094 Of *ttrod tq+ptr:cbtian ttntdartftit Nde At soy tkvM wbabar acavod befam or after the ptryrTIAM by The Seomtary. And wfrttber ar not startmtt Wam bas bm WWad in the prirstt W hoolmia of rho Nat nt'twidntaPANIV Anytl+irg to the cxsrorrery in Ptgtig;*d Z or 5 ttrtlda Nutt cr mty Alknge to Ois Now BY WNI NO i t Riau, Bcvv*w AtAMPIS And agna x to tht arms VW txmaiato caaitaitted in this Note, Am C. first r&wr EXHIBIT ` C' POWERS, KIRN, & JA VARDIAN, LLC June 26, 2012 Via: First Class and Certified Mail Ann G. Rutherford 32 William Penn Drive Camp Hill, PA 17011 1310 Industrial Boulevard 1St Floor, Suite 101 Southampton, PA 18966 Phone: (215) 942-2090 Fax: (215) 942-9695 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The REVERSE MORTGAGE currently held by James B. Nutter & Company., (hereinafter "Lender"), on your property located at 32 William Penn Drive, Camp Hill, PA 17011,E IS IN SERIOUS DEFAULT because you have failed to occupy the property as your principal residence since February 29, 2012. Asa result, the entire unpaid principal balance, which is equal to the sum of all amounts advanced by James B. Nutter & Company, and its assigns, plus interest, is due in the amount of $126,591.41. Included in this amount are collection fees and other charges which have accrued in the amount of $389.00, as of June 1, 2012. There are several options available to you to enable you to CURE your default. You may CURE your default or, in other words, continue to receive the benefits under your home equity conversion mortgage (or "reverse mortgage"), assuming no other default occurs by doing NY OF THE FOLLOWING: 1) Occupying the property as your principal residence within THIRTY (30) days of the date of this letter; OR 2) You or anyone on your behalf paying the entire unpaid principal balance including interest of $126,591.41, within THIRTY (30) days of the date of this letter; OR 3) Selling the property for an amount equal to at least 95% of the property's appraised value, even if the entire unpaid principal balance including interest of $126,591.41 is greater than the appraised value, and making the proceeds of such sale payable to: James B. Nutter & Company. 4153 Broadway, Kansas City, MO 64111, within THIRTY (30) days of the date of this letter; OR 4) Providing a deed-in-lieu of foreclosure to James B. Nutter & Company., within THIRTY (30) days of the date of this letter. You may cure this default within THIRTY (30) DAYS of the date of this letter, by doing ANY of the four (4) actions listed above. Any payments must be made either by cash, cashier's check, certified check or money order and made to: James B. Nutter & Company. 4153 Broadway, Kansas City, MO 64111: Attention: Sasha Bacus --- --- - -- ----- 1 of4 7196 9008 9040 1022 3032 N ffl?e ? If this default is not cured within THIRTY (30) DAYS, your Lender intends to exercise its right to require immediate payment in full of the entire unpaid principal balance by foreclosure of the mortgage and sale of the mortgaged property. This means that whatever sums of money provided to you under the mortgage will be considered due immediately. If the default is not cured within THIRTY (30) DAYS by doing ANY of the four (4) actions listed above, your Lender also intends to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the default is not cured within thirty (30) days of the date of this letter but is cured before legal proceedings begin against you, you will still have to pay the reasonable attorney's fees that are actually incurred, up to $50.00, and any reasonable costs of proceeding to foreclosure that are actually incurred to the date of payment. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00, plus all of the reasonable costs actually incurred. Any attorney's fees will be added to whatever you owe on your mortgage, which may also include reasonable attorney's costs. You may find out at any time exactly what the required payment will be by calling Sasha Bacus at the following number: (800) 315-7334, ext. 7164. If you cure the default within the thirty-day period, you will not be required to pay attorney's fees. If you have not cured the default within the thirty (30)-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before bidding starts at the Sheriff's foreclosure sale. You may do so by doing ANY of the four (4) actions listed above, however, if curing by payment, as described in options two (2) and three (3) listed above, you must pay the total amount of the unpaid principal balance plus interest and property preservation or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and continue to perform any other requirements under the mortgage). The Sheriff's sale is estimated to occur at the earliest on December 1, 2012. A notice of the date of Sheriff's sale will be sent to you before the sale. Of course, if curing by payment, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling Sasha Bacus at the following number: (800) 315-7334, ext. 7164. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have the right to cure after acceleration and the right to bring a court action or assert in any foreclosure proceeding, the non-existence of a default or any other defense you have to acceleration and the sale of the property. You may have additional rights to help protect your interest in the property. YOU MAY HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSER THE PROPERTY SUBJECT OT THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, 2of41 PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTAGE ARE SATISFIED. THE TRANSFEREE TO WHOM YOU TRANSFER THE PROPERTY MAY HAVE THE RIGHT CURE AS WELL. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF IF CURING BY PAYMENT. SALE OR DEED-IN-LIEU. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Ver o s, ?G o Ja dian, Esquire Id. No. 55669 ?Mary F. Kennedy, Esquire Id. No. 77149 ?Meghan K. Boyle, Esquire Id. No. 201661 Oean P. Mays, Esquire Id. No. 307518 ?Alyk L. Oflazian, Esquire Id. No. 312912 ?Richard J. Nalbandian, III, Esquire Id. No. 312653 IPO"R1 , X1W(sTjAVAR1DIAY,, LLC. Attorney for Lender Notice Pursuant to Fair Debt Collection Practices Act attached. IN THE EVENT YOU ARE SUBJECT TO AN AUTOMATIC STAY ISSUED BY A UNITED STATES BANKRUPTCY COURT OR THE REFERENCED DEBT HAS BEEN DISCHARGED IN BANKRUPTCY, THIS COMMUNICATION IS FOR COMPLIANCE AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AN ATTEMPT TO COLLECT A DEBT. 3 of 4 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. 4of41 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleadings are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. iW 0 Name: Bruce Huey Title: Vice President James B. Nutter & Company Rutherford, Ann G. 12-1081 #12-1081 N POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 Meghan K. Boyle, Esquire Id. No. 201661 Sean P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215-942-2090 JAMES B. NUTTER & COMPANY 4153 BROADWAY KANSAS CITY, MO 64171 PLAINTIFF VS ANN G. RUTHERFORD F/K/A ANN G. BORDNER, 32 WILLIAM PENN DRIVE CAMP HILL, PA 17011 DEFENDANT C: nim -' Cf1I - - w Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. /,I - yQ7 0, Jr ( TErs1 COMPLAINT IN MORTGAGE FORECLOSURE NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action you may be able to participate in a court supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal Services at 717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative you must promptly meet with that legal representative within twenty 20 days of the appointment date. During that meeting you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto the legal representative will prepare and file a Request for Conciliation Conference with the Court which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. ?Q a Date Respectfully submitted, ? Gregory Javardian, Esquire Id. No. 55669 ? Mary F. Kennedy, Esquire Id. No. 77149 ? Meghan K. Boyle, Esquire Id. No. 201661 ? Sean P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, Esquire Id. No.312653 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge CUSTOMER/ PRIMARY APPLICANT Borrower name(s): Property Address: _ City: Is the property for sale? Yes ? No ? Realtor Name Realtor Phone Borrower Occupied? Yes ? No ? Mailing Address (if different) City Phone Numbers: Home: Other: Email: Number of people in household CO-BORROWER Mailing Address: City: State Phone Numbers: Office: Cell: Email: State: Zip: Office: How long: _ Zip: Home: Other: Number of people in household _ FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number Second Mortgage Lender: How long: State: Zip: Listing date: Date You Closed Your Loan: Cell: Price: $ Type of Loan Loan Number Insurance:$ Primary Reason for default: _ Total Mortgage Payments Amount: $ Date of Last Payment: Is the loan in Bankruptcy? Yes ? No? If yes provide names, location of court, case number & attorney Included Taxes Assets Amount Owed: Value: Home: $ $ Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking $ $ Savings $ $ Other $ $ Automobile 41: Model Year: Amount owed: $ Value: Automobile #2: Model Year: Amount owed $ Value: Other transportation (automobiles boats motorcycles Model) 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/Alimony $ Spending Money $ Day/Child Care Tuition $ 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: ` Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance Yes ? No ? If yes please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency Yes ? No ? If yes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact (Name) Phone Servicing Company (Name Contact: Phone AUTHORIZATION I/We authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T-EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian, Esquire Powers Kim & Javardian, LLC 1310 Industrial Boulevard, Suite 202 Southampton, PA 18966 (tel) 215-942-2090 (fax) 215-942-9695 Attention: Megan O'Brien (tel) 215-942-2090 ext. 1313 Megan,Obrien@pkjllc.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Stitt" 01 'fi't±rri%?rrr i PF 0-THC?4l 2012 SEP -o AM 10: 13 Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA James B. Nutter $1 Company vs. Ann G. Rutherforld Case Number 2012-4973 SHERIFF'S RETURN OF SERVICE 08/17/2012 08:1P PM - Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a dilig nt search and inquiry for the within named defendant to wit: Ann G. Rutherford f/k/a Ann G. Bordner, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Ann G. Rutherford. Deputies attempted service at 32 William Penn Drive, Camp Hill, Pennsylvania 17011 and found the residence vacant. The Camp Hill Postmaster has advised, Ann G. Rutherford has moved and left no forwarding address. SHERIFF COST: $48.00 August 29, 2012 (c) CountySuile Sheriff, Teleosoft, Inc. SO ANSWERS, RON R ANDERSON, SHERIFF POWERS, KIRN & JAVARDIAN,LLC GREGORY JAVARDIAN,ESQUIRE Id. No. 55669 2 � , MARY F. KENNEDY, ESQUIRE Id.No. 77149 MEGHAN K. BOYLE,ESQUIRE Id. No. 201661 �I t r 1 r 3 A i i it 0 U 'r Y SEAN P. MAYS,ESQUIRE Id No. 307518 'E N"i S Y U/A N1 A RICHARD J. NALBANDIAN,III,ESQUIRE Id No.312653 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-2090 James B. Nutter& Company COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY Ann G. Rutherford f/k/a Ann G. Bordner No. 12-4973 Civil Term Defendant MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Plaintiff,by its attorney,Powers, Kim&Javardian, LLC and moves this Honorable Court to Permit Plaintiff to obtain Alternative Service and seek an Order permitting service to be effectuated upon the Defendant,Ann G. Rutherford f/k/a Ann G.Bordner,by posting a copy of the Complaint and all subsequent pleadings upon the property located at 32 William Penn Drive, Camp Hill, PA 17011,and by regular and certified mail pursuant to Pennsylvania Rule of Civil Procedure 430 and avers support thereof: 1. Plaintiff filed a Civil Action Complaint against Defendants on August 10, 2012. 2. The Defendants are the owners and mortgagors of the property 32 William Penn Drive, Camp Hill,PA 17011. 3. Plaintiff,James B.Nutter&Company, is the Mortgagee on said property. 4. Plaintiff has attempted to effectuate service of the Civil Action Complaint pursuant to Pennsylvania Rule of Civil Procedure 402(a)upon the Defendant, Ann G. Rutherford f/k/a Ann G.Bordner at the property known as 32 William Penn Drive, Camp Hill,PA 17011,which was returned no service was made. Several attempts were made.A true and correct copy of the Plaintiff's service return is attached here as Exhibit"A". 5. Pursuant to Pennsylvania Rule of Civil Procedure 430,Plaintiff has made a good faith effort to located the Defendant including the following: A. A process server contacted Directory Assistance and examined local internet telephone directories,which indicated there is no listing for the Defendant Ann G. Rutherford f/k/a Ann G.Bordner at the mortgaged premises. B. Postmaster Letter returns indicate the Defendant's physical address is 1030C 7 Lakes Drive, Seven Lakes,NC 28374. C. A process server examined local tax records and found that the Defendant is registered at P.O. Box 4505,Pinehurst,NC 28374 and all bills are sent to said address. D. A process server examined Voter Registration records and found the Defendant is not registered at the property. E. All addresses given have been attempted for service of the Complaint in Mortgage Foreclosure on Defendant. A true and correct copy of the Affidavit of Good Faith Effort To Locate Defendant is attached and made apart hereof as Exhibit"B". 6. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to Defendants'last known address. WHEREFORE,Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendants, Ann G. Rutherford f/k/a Ann G. Bordner, by posting a copy of the Civil Action Complaint and all subsequent pleadings on the property known as 32 William Penn Drive, Camp Hill,PA 17011,and by regular and certified mail, return receipt requested. POWERS, K &JAVARDIAN, LLC BY: Gregory Javardian,Esquire Id.No. 55669 Mary F. Kennedy,Esquire Id.No. 77149 Meghan K.Boyle,Esquire Id.No. 201661 yl Sean P. Mays,Esquire Id.No. 307518 Richard J.Nalbandian, III,Esquire Id.No. 312653 Attorneys for Plaintiff EXHIBIT "A" SHERIFF.'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �4�tttr of��urrfiryi�� Jody S Smith Chief Deputyt' Richard W Stewart s= Solicitor OFFICE Or Tt:E SOERIFF James B. Nutter&Company Cass Number VS. 2012-4973 Ann G. Rutherford SHERIFF'S RETURN OF SERVICE 08/17/2012 08:10 PM-Ronny R.Anderson, Sheriff,who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Ann G. Rutherford f/k/a Ann G. Bordner, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Ann G. Rutherford. Deputies attempted service at 32 William Penn Drive, Camp Hill, Pennsylvania 17011 and found the residence vacant. The Camp Hill Postmaster has advised,Ann G. Rutherford has moved and left no forwarding address. SHERIFF COST:$48.00 SO ANSWERS, August 29,2012 RbNW R ANDERSON,SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. t 235 SOJTH 13TH STREET Piti"DtLPHIA, PA 19107 PHONE:(215)546-7400 FAX:(215)985-0169 - Bsr�icea for Profeadonara Inc. National Association of Philadelphia Association Professional Process Servers of Professional Process Servers James B. Nutter&Company COURT Court of Common Pleas of Pennsylvania -VS- COUNTY Cumberland County Ann G. Rutherford f/k/a Ann G. Bordner CASE NUMBER 12-4973 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control# CS100136-1 COUNTY OF PHILADELPHIA: Reference Number 12-1081 SERVICE INFORMATION On 13 day of February,2013 we received the Mortgage Foreclosure Complaint/Notice for service upon Ann G.Rutherford f/k/a Ann G. Bordner at 1030C 7 Lakes Drive Seven Lakes, V_28374 L *t*Special Instructions"* Q Served Date Time Accepted By: In the manner described below. Personally served. Adult family member.Relationship is Adult in charge of residence who refused to give name and/or relationship. Manager/Cierk of place of residence lodging Agent or person in charge of office or usual place of business Other Description of Person Age Height Weight Race Sex Other Not Served Date a-'b-a013Time 1 t, navy-N Not Served Information Moved [] Unknown No Answer [] Vacant Other "�{-apskrr Q Cl� ry Qr do% V1 - � gck . I►11�t► The Process Server,being duly swom, ��y�'� seO�i Sworn to and subscribed before me this deposes and says that the facts set forth herein are true and correct to the bestrof their S T C��d day of knowledge,information a lief. • L 61 Process Server/Sheriff Re, S==�; �L�' V� Not c •o 2•� -ocr8,a Law Firm Phone (215)942-2090 Fo �� rjj Heather Shaw OOU ServeBy Date 3/3/2013 Powers,Kim&Javardian, LLC Filed Date 1310 Industrial Boulevard Suite 101 Reinstated 2/4/2013 Southampton, PA 18966 ORIGINAL 044VC EXHIBIT "B" LARRY DEL VECCHIO PROCESS SERVER FOR GREGORY JAVARDIAN,ESQUIRE P.O.BOX 344 CHALFONT,PA 18914 (215)491-4469 (215)491-4473 FAX JAMES B.NUTTER&CO. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ANN G.RUTHERFORD NO. LAST KNOWN ADDRESS:P.O.Box 4505,Pinehurst,NC 28374 AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT(S) I hereby certify that on January 7,2013,a good faith effort was made to discover the correct address of said defendant(s),by: 1. Inquiry of Postal authority; Postal authority states defendant's physical address is 1030C 7 Lakes Dr.,Seven Lakes,NC 28374. 2. Examination of local telephone directories,411 assistance and Internet records; Ann G.Rutherford,P.O.Box 4505,(717)737-5159,disconnected 3. Neighbor Contacts: Regina Saylor,30 William Penn Dr.,(717)737-5876,left messages with no response. James Shertzer,33 William Penn Dr.,(717)695-2492,left messages with no response. Hell Renninger,38 William Penn Dr.,(717)761-1707,adult female stated she does not know the defendant. Seven Lakes Heating&Air, 1030 7 Lakes Dr.,(910)295-1441,adult male stated he does not know the defendant. 4. Tax Information: Tax office mails bill to P.O.Box 4505,Pinehurst,NC 28374. 5. Death Records: Social Security has no death record for the defendant(s)name(s). 6. Voter Registration: Not registered. I certify that this information is true and correct to the best of my knowledge,information and belief. NOTARY PUBLIC: BY: Z--- Sworn to and described Larry Del Vecchio,Process Server before me this � � day of �L r 11 u� 2013. COMMONWEALTH OF PENNSYLVANIA NOTARY SEAL DAWN M.LUCIOTTI Warrington Twp.,Bucks County My Commission Expires March 28,2015 LARRY DEL VECCHIO PROCESS SERVER FOR LAW OFFICES OF GREGORY JAVARDIAN P.O.BOX 344,CHALFONT,PA 18914,(215)4914469.FAX(215)491-4473 January 7,2013 Postmaster Camp Hill,PA 17011 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address(if a box holder)for the following Name: Ann G.Rutherford Address: 32 William Penn Dr. Camp Hill,PA 17011 The following information is provided in accordance with 39 CFR 265.6(d)(4)(ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d)(1)and(2)and corresponding Administrative Support Manual 352.44 a and b. 1. Capacity of requester:Process Server 2. Statute or regulation that empowers me to serve process(not required when requester is an attorney or a party acting Pro Se-except a corporation acting Pro Se must cite statute: Process Server for Law Offices of Gregory Javardian,(Rule 400.Lb) 3. The names of all known parties to this litigation: James B.Nutter&Co. V.Ann G.Rutherford 4. The court in which the case has been or will be heard: Cumberland County,Pa,Court of Common Pleas 5. The docket or other identifying number if one has been assigned: Nor yet assigned 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO$10,000.00 OR IMPRISONMENT OR(2)TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS,OR BOTH(TITLE 18 U.S.C.SECTION 1001). I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. Lam_ P.O.Box 344 LARRY DEL VECCHIO Chalfont,PA 18914 For Law Offices of Gregory Javardian FOR THE POST OFFICE USE ONLY ,�r/� NO CHANGE OF ADDRESS ORDER ON FILE. M I— V A NE ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS: POSTMA U 5 ZO�3 j (JS LARRY DEL VECCHIO PROCESS SERVER FOR LAW OFFICES OF GREGORY JAVARDIAN P.O.BOX 344,CHALFONT,PA 18914,(215)491-4469.FAX(215)491-4473 January 7,2013 Postmaster Pinehurst,NC 28374 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address(if a box holder)for the following Name: Ann G.Rutherford Address: P.O.Box 4505 Pinehurst,NC 28374 The following information is provided in accordance with 39 CFR 265.6(d)(4)(ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d)(1)and(2)and corresponding Administrative Support Manual 352.44 a and b. 1. Capacity of requester:Process Server 2. Statute or regulation that empowers me to serve process(not required when requester is an attorney or a party acting Pro Se-except a corporation acting Pro Se must cite statute: Process Server for Law Offices of Gregory Javardian,(Rule 400.Lb) 3. The names of all known parties to this litigation: James B.Nutter&Co.V.Ann G.Rutherford 4. The court in which the case has been or will be heard: Cumberland County,Pa,Court of Common Pleas 5. The docket or other identifying number if one has been assigned: Nor yet assigned 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO$10,000.00 OR IMPRISONMENT OR(2)TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS,OR BOTH(TITLE 18 U.S.C.SECTION 1001). 1 CERTIFY THAT THE ABOVE INFORMATION'IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. P.O.Box 344 LARRY DEL VECCHIO Chalfont,PA 18914 For Law Offices of Gregory Javardian FOR THE POST OFFICE USE ONLY c \ NO CHANGE OF ADDRESS ORDER ON FILE. NEW ADDRESS OR BOXHO 'S NAME AND EUSICAL STREET ADDRESS: JAN l 7) POSTMA C 7.3 POWERS, KIRN & JAVARDIAN,LLC GREGORY JAVARDIAN,ESQUIRE Id. No. 55669 MARY F. KENNEDY,ESQUIRE Id. No. 77149 MEGHAN K. BOYLE,ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No.307518 RICHARD J. NALBANDIAN,III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON,PA 18966 (215)942-2090 ATTORNEYS FOR PLAINTIFF James B.Nutter&Company COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff VS. Ann G. Rutherford f/k/a Ann G. Bordner CUMBERLAND COUNTY Defendant No. 12-4973 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 Plaintiff, by its attorney,Richard J.Nalbandian, Esquire,LLC and moves this Honorable Court to Permit Plaintiff to obtain Alternative Service and seek an Order permitting service to be effectuated upon the Defendant, Ann G. Rutherford f/k/a Ann G.Bordner, by posting a copy of the Complaint and all subsequent pleadings upon the property located at 32 William Penn Drive,Camp Hill,PA 17011,and by regular and certified mail pursuant to Pennsylvania Rule of Civil Procedure 430. Plaintiff filed a Complaint against Defendants on August 10, 2012. Plaintiff attempted to effectuate service of the Complaint pursuant to Pennsylvania Rule of Civil Procedure 402(a)upon the Defendant,Ann G. Rutherford f/k/a Ann G. Bordner at the property known as 32 William Penn Drive, Camp Hill, PA 17011. The Sheriffs Office has been unable to serve the Complaint on the Defendant. The Return of Service indicates the Defendant was not found. There was no response. Several attempts were made. Pennsylvania Rule of Civil Procedure 430 permits service of process in this action by regular and certified mail to the property address. Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant by posting on the property known as 32 William Penn Drive, Camp Hill,PA 17011. POWER RDIAN,LLC BY: Gregory Jav di squi e .No. 55669 Mary F. Kenne , Es quire Id.No. 77149 Meghan K. Boyle,Esquire Id.No. 201661 Sean P. Mays,Esquire Id.No. 307518 Richard J. Nalbandian, III,Esquire Id.No. 312653 Attorneys for Plaintiff POWERS,KIRN & JAVARDIAN,LLC GREGORY JAVARDIAN,ESQUIRE Id. No. 55669 MARY F. KENNEDY,ESQUIRE Id. No. 77149 MEGHAN K. BOYLE,ESQUIRE Id. No.201661 SEAN P. MAYS,ESQUIRE Id No.307518 RICHARD J. NALBANDIAN,III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON,PA 18966 (215) 942-2090 James B. Nutter& Company COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff VS. CUMBERLAND COUNTY Ann G. Rutherford f/k/a Ann G. Bordner No. 12-4973 Civil Term Defendant CERTIFICATE OF SERVICE The undersigned, counsel for the Plaintiff,hereby certify that a copy of the Motion for Alternative Service was served on the following persons by first class mail,postage prepaid,on the date indicated below. Date:March 1?,2013 Ann G.Rutherford fWa Ann G.Bordner Ann G.Rutherford f/k/a Ann G.Bordner 32 William Penn Drive P.O.Box 4505 Camp Hill,PA 17011 Pinehurst,NC 28374 Defendant Defendant Ann G.Rutherford f/k/a Ann G.Bordner 1030C 7 Lakes Drive Seven Lakes,NC 28374 t Defendant POWERS, JA IAN,LLC BY: Gregory Jav an, Esquire Id.No. 55669 Mary F.Kennedy, Esquire Id.No. 77149 Meghan K. Boyle,Esquire Id.No. 201661 �( Sean P. Mays, Esquire Id.No. 307518 Richard J. Nalbandian, III, Esquire Id.No. 312653 Attorneys for Plaintiff F!LEMD_( fi " tr+7 COURT OF COMMON PLEAS M.1,51 CIVIL DIVISION PENNSYLVANIA It James B.Nutter&Company Plaintiff vs. CUMBERLAND COUNTY Ann G. Rutherford f/k/a Ann G. Bordner Defendant No. 12-4973 Civil Term ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R C.P. 430 This matter being opened to the Court by Plaintiff, upon Motion for Order Granting Alternative Service,pursuant to Pennsylvania R.C.P.430,and the Court having reviewed and considered the pleadings submitted in connection with this matter, and for good cause shown; IT IS on this 2(r day of ftrw , 20 /? , ORDERED that the Motion for Alternative Service of the Complaint in Mortgage Foreclosure and all subsequent pleadings by posting the premises 32 William Penn Drive,Camp Hill,PA 17011,and by regular and certified mail to the Defendant, Ann G. Rutherford f/k/a Ann G. Bordner, last known address, is hereby GRANTED. BY T URT: ZI x0o/. J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff OF THE PROTHONOTARY Jody S Smith tatn nt�rnnbrx�#iry Chief Deputy t 2013 COR ($ Richard W Stewart rte' CUMBERLAND COUNTY Solicitor OFFJOE OF TK SWERIFF PENNSYLVANIA James B. Nutter&Company V& Case Number Ann G. Rutherford 2012-4973 SHERIFF'S RETURN OF SERVICE 04/15/2013 04:02 PM- Deputy Shawn Gutshall, being duly sworn according to law,served the requested Complaint in Mortgage Foreclosure upon the within named Defendant,to wit:Ann G. Rutherford, pursuant to Order of Court by"Posting"the premises located at 32 William Penn Drive, Lower Allen Township, Camp Hill, PA 17011 with a true and correct copy according to law. ,SHAWN-GUTS-L-, UTY SHERIFF COST: $49.00 SO ANSWERS, April 16, 2013 RONIV R ANDERSON, SHERIFF (c)CnunlySulie SherlH,Teleos ff,Ina. POWERS, KIRN&JAVARDIAN, LLC fill ED-O F10E GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 OF THE PRGTHoPjOTA1,� MARY F. KENNEDY,ESQUIRE Id.No. 77149 SEAN P. MAYS,ESQUIRE Id No. 30751801661 29 JUN 14 A to. I0� RICHARD J.NALBANDIAN,III,ESQUIRE Id No.312653 CUMBERLAND COUNTY 1310 INDUSTRIAL BOULEVARD PENNSYLVANIA 1ST FLOOR, SUITE 101 SOUTHAMPTON,PA 18966 (215)942-2090 JAMES B. NUTTER& COMPANY COURT OF COMMON PLEAS 4153 BROADWAY KANSAS CITY, MO 64171 CUMBERLAND COUNTY VS. No.: 12-4973 Civil Term ANN G. RUTHERFORD F/K/A ANN G. BORDNER 1030C 7 LAKES DRIVE SEVEN LAKES,NC 28374 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ANN G. RUTHERFORD F/K/A ANN G. BORDNER , Defendant for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $128 , 435 . 22 Interest 08/02/2012 to 06/07/2013 3399 . 00 TOTAL $131,834.22 I hereby certify that(1)the addresses of the Plaintiff and Defendant(s) are as shown above, and (2)that notice has been given in accordance with Rule 237.1, copy attached. ❑Gregory Javardian, Esquire Id.No. 55669 ❑Mary F. Kennedy, Esquire Id.No. 77149 ❑Me han K. Boyle, Esquire Id. No. 201661 VRichard an P. Mays, Esquire Id.No. 307518 J.Nalbandian, LII, Esquire Id.No. 312653 Attorneys for Plaintiff Damages are hereby sses ed as indicated. )c3wooRp DATE: � PRO PROTHY QP41 C-04 7F// a9 /9na � e Powers,Kirn&Javardian,LLC Gregory Javardian,Esquire Id.No. 55669 Mary F.Kennedy,Esquire Id.No. 77149 Meghan K. Boyle,Esquire Id.No.20:1661 Sean P.Mays,Esquire Id.No.307518 Richard J.Nalbandian, III,Esquire Id.No. 312653 .1310.1ndustrial Boulevard 2nd .Floor,Suite 202 Southampton, Pa 18966 (215)942-2090 Attorneys for Plaintiff James B.Nutter&Company In the Court.of Common Pleas Plaintiff vs. CUMBERLAND COUNTY No. 12-4973 Civil'Term Ann G.Rutherford f/k/a Ann G.Bordner Defendant Ann G.Rutherford f/k/a Ann G.Bordner Ann G. Rutherlord 17k/a Ann G.136rdner 32 William Penn.Drive 1 10 Box 4505 Camp.11ill,PA. 17011 Pinehurst,NC 28374 Ann G.Rutherford 17kla Amt G.Bordner 1030C 7 Lakes Drive Sevcn .akes,NC 28374 DATE OF NOTICE: May$ ,2013 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required by you in this case. Unless you act within ten(10)days frotn the date of this notice,a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one,go to or telephone the following office to find out where you can get legal help. MidPenn Legal Services Cumberland County Bar Association 8 Irvine Row 32 S.Bedford Street Carlisle,PA 17013- Carlisle.PA 1701a- Phone:717-243-9400 Phone:717-249-3166 Powers,Kirn&-Javardian,LLC By: -�- ❑ Gregory Javardian,'Esquire Id.No.55669 ❑ Mary F.Kennedy,Esquire Id.No.77149 Wghan K.Boyle,Esquire Id.No.201661 n P. Mays,Esquire •Id.No.307518 hard J.Nalbandian, 1.11,Esquire Id.No.312653 Attorneys for Plaintiff Usted se encucnirn en estado de rebeldin por no haber tomado la action requiida de sit parte cn este caso. AI no tomar In action debida dentro de tin termino de diet(10)dias de estanotificacion,et tribunal podra,sin necesidad de compararecer usted en torte o escuchar prueba alguna,dictar scntencia cn su contra,usted puede perder bicncs y otros derechos importances. Debe llevar esta notification a un abogado immediatemente si usted no tiene abogado.o si no tiene dincro suficicnte para tal servicio, vaya en persona o Nance por telpfono a In oficina.cuya direction sc encuentra eserita abajo pars averiguar donde sc pucdc conseguir assistencia legal. "NOTICE PURSUANT TO FAIR D1:131-COLLECTION PRACTICES ACT TT HS IS AN A`TTLEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT, r , POWERS,KIRN&JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE Id.No. 55669 MARY F. KENNEDY,ESQUIRE Id.No. 77149 MEGHAN K. BOYLE,ESQUIRE Id.No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON,PA 18966 (215)942-2090 JAMES B.NUTTER&COMPANY COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY ANN G. RUTHERFORD F/K/A No.: 12-4973 Civil Term ANN G. BORDNER VERIFICATION OF NON-MILITARY SERVICE The undersigned hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter,and that on information and belief, he/she has knowledge of the following facts, to wit: (a) Defendant,ANN G. RUTHERFORD F/K/A ANN G. BORDNER , is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C.S. Appx. §§ 501 et. seq. (b) Defendant, ANN G. RUTHERFORD F/K/A ANN G. BORDNER, is over 18 years of age, and resides at 1030C 7 LAKES DRIVE, SEVEN LAKES,NC 28374 (c) Plaintiff, JAMES B.NUTTER&COMPANY, is an institution conducting business under the Laws of the Commonwealth of Pennsylvania with an address of 4153 BROADWAY, KANSAS CITY,MO 64171. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: ❑Gregory Javardian, Esquire Id.No. 55669 ❑Mary F.Kennedy, Esquire Id.No. 77149 ❑ n Me K. Boyle,Esquire Id.No. 201661 Xi❑ n P. Mays, Esquire Id.No. 307518 chard J.Nalbandian,III,Esquire Id.No. 312653 Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: ANN G. RUTHERFORD F/K/A ANN G. BORDNER 1030C 7 LAKES DRIVE SEVEN LAKES,NC 28374 JAMES B. NUTTER& COMPANY COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. No.: 12-4973 Civil Term ANN G. RUTHERFORD F/K/A ANN G. BORDNER Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceedi as ind batted X Judgment by Default Money Judgment w _Judgment in Replevin Judgment for Possession by Default Judgment on Award of Arbitration _Judgment on Verdict _Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Powers, Kim&Javardian,LLC at this telephone number: (215)942-2090. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND James B. Nutter& Company COURT OF COMMON PLEAS �" �`a' 4153 Broadway-@ -v Kansas City, MO 64171 CUMBERLAND COUNTY vs. No.: 12-4973 Ann G. Rutherford F/K/A Ann G. Bordner 1030C 7 Lakes Drive Seven Lakes,NC 28374 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due $131,834.22 Interest from 6/8/13 to Date of Sale @ $21.67 per diem $ Subtotal $ (Costs to be added) ❑Gregory Javardian, Esquire Id.No. 55669 ❑Mary F. Kennedy, Esquire Id. No. 77149 ❑Meghan K. Boyle,Esquire Id. No. 201661 aukS(�--�c� 01 ❑ can P. Mays,Esquire Id.No. 307518 Vtw`� 00 10 VRichard J.Nalbandian, Esquire Id. No. 312653 N Attorneys for Plaintiff AIq, 1310 Industrial Boulevard 03. -)S 2nd Floor, Suite 201 I. 1 s u w Southampton, PA 18966 ( k.-I S � (215) 942-2090 ��o•S° a aUq.as ' S 9s12 P-L J�cj t � ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A STAKE, SAID BEING ON THE NORTH SIDE OF WILLIAM PENN DRIVE ON THE DIVISION LINE BETWEEN LOT NO. 27 AND LOT HEREIN CONVEYED; THENCE ALONG THE NORTH SIDE OF WILLIAM PENN DRIVE, SOUTH FIFTY-EIGHT (58) DEGREES TWENTY-ONE (21) MINUTES WEST, A DISTANCE OF SIXTY (60) FEET TO A STAKE AT THE CORNER OF LOT NO. 28; THENCE BY THE LINE OF LOT NO. 20 NORTH THIRTY-ONE (3 1) DEGREES THIRTY-NINE (39) MINUTES WEST,A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A STAKE ON THE LINE OF LOT NO. 30; THENCE ALONG THE LINE OF LOT NO. 30 NORTH FIFTY-EIGHT (58) DEGREES TWENTY-ONE(21) MINUTES EAST, A DISTANCE OF SIXTY (60) FEET TO A STAKE AT THE CORNER OF LOT NO. 27; THENCE ALONG THE LINE OF LOT NO. 27 SOUTH THIRTY-ONE (3 1) DEGREES THIRTY-NINE (39) MINUTES EAST, A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A STAKE AT THE PLACE OF BEGINNING. BEING LOT NO. 28, BLOCK "A", TRACT 2-A, COMPREHENSIVE PLAN OF LOTS, CUMBERLAND PARK, SURVEYED FOR ALLEN PARK DEVELOPMENT CORP., FILED ON SEPTEMBER 14, 1950, IN PLAN BOOK 5, PAGE CUMBERLAND COUNTY RECORDS. BEING THE SAME PREMISES which Ann G. Bordner, by Deed dated October 9,2009 and recorded October 26, 2009 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Instrument Number 200936237, granted and conveyed unto Ann G. Rutherford Formerly known as Ann G. Bordner. BEING KNOWN AS: 32 William Penn Drive, Camp Hill, PA 17011 PARCEL#13-24-0797-074 James B. Nutter& Company COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY " rn Ann G. Rutherford F/K/A Ann G. Bordner No.: 12-4973 AFFIDAVIT PURSUANT TO RULE 3129.1 ° _ a C:)r: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of ecu&n was filed the following information concerning the real property located at 32 William Penn Drive, Camp Hill, PA 17011: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Ann G. Rutherford F/K/A Ann G. Bordner 1030C 7 Lakes Drive Seven Lakes,NC 28374 2. Name and address of Defendant(s) in the judgment: Ann G. Rutherford F/K/A Ann G. Bordner 1030C 7 Lakes Drive Seven Lakes, NC 28374 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 451 Seventh Street S.W. Secretary of HUD Washington, D.C. 20410 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 PA Department of Public Welfare Health and Welfare Building—Room 432 Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105-2675 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 32 William Penn Drive Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ❑Gregory Javardian, Esquire Id. No. 55669 ❑Mary F. Kennedy, Esquire Id. No. 77149 ❑Meghan K. Boyle, Esquire Id.No. 201661 Fan P. Mays, Esquire Id. No. 307518 chard J.Nalbandian,Esquire Id. No. 312653 Attorneys for Plaintiff August 15, 2013 POWERS,KIRN&JAVARDIAN, LLC GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 MARY F.KENNEDY,ESQUIRE Id.No. 77149 ' _ MEGHAN K.BOYLE,ESQUIRE Id.No. 201661' SEAN P.MAYS,ESQUIRE Id No. 307518 rn i i , RICHARD J.NALBANDIAN,III,ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 201 SOUTHAMPTON,PA 18966 'mac (215)942-2090 James B. Nutter& Company COURT OF COMMON PLEAS ' - vs. CUMBERLAND COUNTY Ann G. Rutherford F/K/A Ann G. Bordner No.: 12-4973 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Ann G. Rutherford F/K/A Ann G. Bordner 1030C 7 Lakes Drive Seven Lakes,NC 28374 Your house (real estate) at 32 William Penn Drive, Camp Hill, PA 17011, is scheduled to be sold at Sheriffs Sale on December 4, 2013 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of$131,834.22, obtained by James B. Nutter &Company, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215) 942-2090. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-2090. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Powers, Kim& Javardian, LLC at(215)`942-2090. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A STAKE, SAID BEING ON THE NORTH SIDE OF WILLIAM PENN DRIVE ON THE DIVISION LINE BETWEEN LOT NO. 27 AND LOT HEREIN CONVEYED; THENCE ALONG THE NORTH SIDE OF WILLIAM PENN DRIVE, SOUTH FIFTY-EIGHT (58) DEGREES TWENTY-ONE (21) MINUTES WEST, A DISTANCE OF SIXTY (60) FEET TO A STAKE AT THE CORNER OF LOT NO. 28; THENCE BY THE LINE OF LOT NO. 20 NORTH THIRTY-ONE (3 1) DEGREES THIRTY-NINE (39) MINUTES WEST, A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A STAKE ON THE LINE OF LOT NO. 30; THENCE ALONG THE LINE OF LOT NO. 30 NORTH FIFTY-EIGHT (58) DEGREES TWENTY-ONE(21) MINUTES EAST, A DISTANCE OF SIXTY (60) FEET TO A STAKE AT THE CORNER OF LOT NO. 27; THENCE ALONG THE LINE OF LOT NO. 27 SOUTH THIRTY-ONE (3 1) DEGREES THIRTY-NINE (39) MINUTES EAST, A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A STAKE AT THE PLACE OF BEGINNING. BEING LOT NO. 28, BLOCK "A", TRACT 2-A, COMPREHENSIVE PLAN OF LOTS, CUMBERLAND PARK, SURVEYED FOR ALLEN PARK DEVELOPMENT CORP., FILED ON SEPTEMBER 14, 1950, IN PLAN BOOK 5, PAGE CUMBERLAND COUNTY RECORDS. BEING THE SAME PREMISES which Ann G. Bordner, by Deed dated October 9, 2009 and recorded October 26, 2009 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Instrument Number 200936237, granted and conveyed unto Ann G. Rutherford Formerly known as Ann G. Bordner. BEING KNOWN AS: 32 William Penn Drive, Camp Hill, PA 17011 PARCEL#13-24-0797-074 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4973 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JAMES B.NUTTER&COMPANY Plaintiff(s) From ANN G.RUTHERFORD F/K/A ANN G.BORDNER (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:$131,834.22 L.L.: $.50 Interest from 6/8/2013 TO DATE OF SALE @$21.67 PER DIEM Atty's Comm: Due Prothy: $2.25 Atty Paid: $269.25 Other Costs: Plaintiff Paid: Date: August 19,2013 David D. Buell,Prothonota (Seal) Deputy REQUESTING PARTY: Name: RICHARD J.NALBANDIAN,ESQUIRE Address:POWERS,KIRN AND JAVARDIAN,LLC 1310 INDUSTRIAL BLVD.,2ND FLOOR,SUITE 201 SOUTHAMPTON,PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-2090 Supreme Court ID No.312653 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson r: --D-OFFICE Sheriff -��� O|��� T �P�� � Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF THE CRERIFF MAR 27 P n; 00 CUMR-R/ «ND COUNTY James B. Nutte & Company vs. Ann G. Rutherford Case Number 2012-4973 SHERIFF'S RETURN OF SERVICE 09/27/2013 03:14 PM - Deputy Jamie DiMartle, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Wr , Notice and Description, and Sale Handbill in the above titled action, upon the property located at 32 William Penn Drive, Lower Allen - Township, Camp Hill, PA 17011, Cumberland County. 12/04/2013 As directed by Gregory Javardian, Attorney for the Plaintiff, Sheriff's Sale Continued to 2/5/2014 02/05/2014 Ronny IR, 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, Codio|o, Cumberland County PA on February 05, 2014at10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Gregory Javardian on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1.01514 SO ANSWERS, February 20, 2014 wuounv`iite Sheriff, mleosefl,Inc. RON0YR ANDERSON, SHERIFF On August 22, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 32 William Penn Drive, Camp Hill, as Exhibit "A" filed With this writ and by this Reference incorporated herein. Date: August 22, 2013 By: - - Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2012-4973 Civil Term JAMES B. NUTTER & COMPANY vs. ANN G. RUTHERFORD Atty.: Gregory Javardian ALL THAT CERTAIN piece or parcel of land situate in Lower Al- len Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stake, said being on the north side of William Penn Drive on the division line between Lot No.27 and lot herein conveyed; thence along the north side of Wil- liam Penn Drive, South fifty-eight (58) degrees twenty-one (21) minutes West, a distance of sixty (60) feet to a stake at the corner of Lot No. 28; thence by the line of Lot No.20 North thirty-one (31) degrees thirty-nine (39) minutes West, a distance of one hundred twenty (120) feet to a stake on the line of Lot No. 30; thence along the line of Lot No. 30 North fifty-eight (58) degrees twenty-one(21) minutes East, a distance of sixty (60) feet to a stake at the corner of Lot No. 27; thence along the line of Lot No.27 South thirty-one (31) degrees thirty- nine (39) minutes East, a distance of one hundred twenty (120) feet to a stake at the place of BEGINNING. BEING Lot No. 28, Block "A", Tract 2-A, Comprehensive Plan of Lots, Cumberland Park, surveyed for Al- len Park Development Corp., filed on September 14, 1950, in Plan Books, Page Cumberland County Records. BEING THE SAME PREMISES which Ann G. Bordner, by Deed dated October 9, 2009 and recorded October 26, 2009 in the Office of the Recorder of Deeds in and for Cum- berland County in Deed Instrument Number 200936237, granted and conveyed unto Ann G. Rutherford Formerly known as Ann 0. Bordner. BEING KNOWN AS: 32 William Penn Drive, Camp Hill, PA 17011. PARCEL #13-24-0797-074. 102 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. sa Marie Coyne, Edi ir SWORN TO AND SUBSC • ED before me this 25 day of October, 201 , 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 he PatriotXews 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 all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and /or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That 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. PUBLICATION COPY Swor to I This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 // n• subscribed before m- is 11 day of November, 2013 A.D. A / 1 1 c COMMONWEALTH OF PENNSYLVANIA Notarial Holly Lynn Warfel, Notary Public Washington Twp,, Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 2012.4973 CNN Term JAMES B: NUTTER &COMPANY' ANN G.- RUTHERFORD Atty: Gregory Javardlan ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, • CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A STAKE, SAID BEING ON THE NORTH SIDE OF WILLIAM PENN DRIVE ON THE DIVISION LINE BETWEEN LOT NO.2 7 AND LOT HEREIN CONVEYED; THENCE ALONG THE NORTH SIDE OF • WILLIAM PENN DRIVE, SOUTH FIFTY- EIGHT (58) DEGREES TWENTY- ONE (21) MINUTES WEST A DISTANCE OF SIXTY (60) FEET TO A STAKE AT THE CORNER OF LOT NO. 28; THENCE BY THE LINE OF LOT NO. 20 - NORTH THIRTY -ONE (31) DEGREES THIRTY -NINE 39) MINUTES WEST A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A STAKE ON THE LINE OF WT NO. 30; THENCE ALONG THE LINE OF LOT NO. 30 NORTH FIFTY -EIGHT (58) DEGREES TWENTY- ONE(21) MINUTES EAST, A DISTANCE OF SIXTY (60) FEET TO A STAKE AT THE CORNER OF LOT NO. 27; THENCE ALONG THE LINE OF LOT NO.27 SOUTH THIRTY -ONE (31) DEGREES THIRTY -NINE (39) MINUTES EAST A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A STAKE AT THE PIACE OF BEGINNING. BEING LOT NO. 28, BLOCK "A', TRACT 2 -A, COMPREHENSIVE PLAN OF LOTS, , CUMBERLAND PARK, SURVEYED FOR ALLEN PARK DEVELOPMENT CORP., FILED ON SEPTEMBER 14,1950, IN PLAN BOOKS, PAGE CUMBERLAND COUNTY RECORDS. BEING THE SAME PREMISES which Ann G. Bordner, by Deed dated October 9, 2009 and recorded October 26, 2009 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Instrument Number 200936237, granted and conveyed unto Ann G. Rutherford Formerly known as - -Ann 0. Rordner. BEING KNOWN AS 32, - William. Penn Drive, Camp Hill, PA 17011 PARCEL #13- 24-0797 -074 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 Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 5th day of February A.D., 2014, under and by virtue of a writ Execution issued on the 19th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4973, at the suit of James B. Nutter & Company against Ann G. Rutherford F /K/A Ann G. Bordner is duly recorded as Instrument Number 201406173. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this Mara-1 , A.D. COI LeT7 day of Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, Pk My Commission Expires the First Monday of Jan. 2018