HomeMy WebLinkAbout12-5857MILSTEAD & ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill, NJ 48402
(856) 482-1400
THE BANK OF r
FKA THE BANK
TRUSTEE FOR 7
YORK MELLON
NEW YORK AS
CLRTiFICATEH LDERS OF THE
CWABS, INC., A SET-BACKED
CERTIFICATES, SERIES 2007-8
475' Crosspoint P ay
Getzville, NY 140 6~8,w
Plaintiff,
Vs.
Eric A. Morrow
147 E Hi~rest Dr~i~ve
Carlisle, PA 1701,
and
~:=4 ~~ ~r~~~f ~~~' ~ F' ~~
Zt112 ~'P ~3t~FQ ~~ P.~
C`t~+~ 2' f'~ ~' ~ ~'
~`P~ ~~ ~~ ` T Y
Attorney y~
File: 45.20226
~OURT OlG' Cf)IVMON PLEAS
CUMBERLAND COUNTY
s~ ~~~<<
No.: ~ ~ Jam' $
CIVIL AC'I'ION/~iEII}ENTIAL OWNER
OCCUI'IEI~'MO~TGAGE
FORECL03UILE
Carol A. Morrow
147 E Hirest De
Carlisle, PA 1701 ,
De#~ndagts
S
Qµ~,~~b3.~S ad•~
CK~°Ilo (v
Q!t ~Po486
NOTICE
You have been sued in court. If you wish to defend against the c#sbns set forth in
the following pies, you must #ake action whin twenty (Z®} days after this
corr~rtain# and ce are served, by entering a written appearance personaNy or
by attorney and ding in writing with the Court your dei~enses or objections tD the
claims set forth inst you. You are waned that if you fail to do so ate case may
praed witfwauioet and a judgment may be entered against you by the court
without firer ', a for any money clamed in the complaint ~ for any other
cla~rn or relief nested by the plaintiff. You may lose money or property or other
rights irnpartant tb you.
YOU SHOULD T KE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YQU DO NOT
HAVE A LA , TELEPH01~lE THE OFFICE SET FORTH BELOW TO FAD OUT
WIRE YOU C GET LEGAL HELP.
IF YOU CAWNO AFFORD TO HIRE A LAWYER, THIS OFFICE M/~1Y BE ABLE TO
PROVII~ YOU 1NFt~AtT10N ON AG~IES THAT MAY OFFER LEGAL
SERVICES TO ELK~IBLE PER~ONlS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
$00-990-9108
***,~~~,,r*~r,~x~r*~~**,~x~,tee*,~,~*,~~*~~~a*,~~~er*~x*
t~IOTICE PURSUANT TO FAIR i3E8T COLLECTiEN+I PRACTICES ACT
1. This com unication is from a debt collector. This -is an a#tempt to colf+ect a
debt and any inf~tiirmation obtained will be used for il'tat purpose.
2. Unless yo dispute the validity of this debt, or any portion. thereof, within
30 days aRer receipt of this notice, the debt will be assumed to be valid by our
offices.
3. if you our offices in writing within 30 days of receipf of rrotice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of 'debt or copy of the Judgment agairezt you, and a copy of such
verification or j ent will be mailed to you by our offices.
MILSTEAD & ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill, NJ 0$f102
(856) 482-1400
Attorney for Plaintiff
THE BANK OF A
FKA THE BAND
TRUSTEE FOR 7
' YORK MELLON
NEW YORK AS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CERTIFICATEH LDERS OF THE
CWABS, INC., $ET-BACKED
CERTIFICATES, SERIES 2007-8
475 Crosspaint Pa ay
Getzville, NY 1416,
Plair~ilff,
Vs.
Erie A. Morrow
147 E Hllcrest D~rve
Carlisle, PA 1701,
and
No.. ~ d~
CIVIL ACTI+ONlItESill"~iTIAL OWNER
OC~I1~"'I~O M±Q~tTGAGE
FORECLOSURE
Carol A. Marrow
147 E Hillcrest Dre
Carlisle, PA 1701„
De#€~ndagts
COMPLAINT IN MORTGAGE F(IrRECLOSURE
Plaintiff, TIE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK
AS TRUSTEE FOIE THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-
BACKED CERTIFICATES, SERIES 2007-8 (the "Plaintiff'), is registered to conduct business
in the Commonwealth of Pennsylvania and having an office and place of business at 475
Crosspoint Parkway, Getzville, NY 14068.
2. Defendants, Eric A. Morrow and Carol A. Morrow, (collectively, the "Defendants"), are
adult individuals and are the real owners of the premises hereinafter described by virtue of a
Deed dated May 29, 2001, recorded May 30, 2001 in Deed Book 245, Page 585. The Deed is
attached hereto as l~xhibit "A" and made a part hereof.
3. Defendant »ric A. Morrow, upon information and belief, resides at 147 E Hillcrest Drive,
Carlisle, PA 17013. Defendant Carol A. Morrow, upon information and belief, resides at 147 E
Hillcrest Drive, Carlisle, PA 17013.
4. On June 12, 2007, in consideration of a loan in the principal amount of $202,000.00, the
Defendants executedl and delivered to Countrywide Home Loans, Inc. dba America's Wholesale
Lender a note (the "Note") with interest thereon at 9.000 percent per annum, payable as to the
principal and interest in equal monthly installments of $1,625.34 commencing August 1, 2007.
The Note is attachek' hereto as Exhibit "B" and made a part hereof.
5. A Loan Modification Agreement was executed on or about November 24, 2010 between
the Defendants (thei "Borrower") and BAC Home Loans Servicing, LP (the "Lender") to increase
the unpaid principal balance due on the Note to $216,063.45, consisting of the amount(s) loaned
to Borrower by the tender which may include, but not limited to, any past due principal
payments, interest, fees and/or costs capitalized. Effective November 1, 2010 the interest rate
decreased to 6.250 (percent per annum. The Loan Modification Agreement is attached hereto as
Exhibit "C" and made a part hereof.
6. To secure the obligations under the Note, the Defendants executed and delivered to
Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc.
dba America's Wholesale Lender a mortgage (the "Mortgage") dated June 12, 2007, recorded on
June 18, 2007 in the Department of Records in and for the County of Cumberland under
Mortgage Book 1996, Page 1253. The Mortgage is attached hereto as Exhibit "D" and made a
part hereof.
7. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded Mazch
26, 2012 under Instrument 201208605. The recorded Assignment of Mortgage is attached hereto
as Exhibit "E" and made a part hereof.
8. The Mortgajge secures the following real property (the "Mortgaged Premises"): 147 E
Hillcrest Drive, Ca#iisle, PA 17013. A legal description of the Mortgaged Premises is attached
hereto as Exhibit "~" and made a part hereof.
9. The Defendants are in default of their obligations pursuant to the Note and Mortgage
because payments of principal and interest due Mazch 1, 2012, and monthly thereafter are due
and have not been paid, whereby the whole balance of principal and all interest due thereon have
become due and payable forthwith together with late chazges, escrow deficit (if any) and costs of
collection including title seazch fees and reasonable attorney's fees.
10. The following amounts aze due on the Mortgage and Note:
Principal) Balance .........................
Accrued but Unpaid Interest from
2/1/12 t~ 8/24/12 ...........................
Escrow Advances .........................
Foreclosure Fees ...........................
Propert}>< Inspection Fees ..............
Reasonalble Attorney's Fees .........
TOTAL'as of 08/24/2012 .............
.......$210,b77.42
..............$7,411.14
..............$3,152.13
................. $300.00
................... $84.00
..............$1,450.00
..........$223,074.69
Plus,' the following amounts accrued after August 24, 2012:
Interest at the Rate of 6.250 percent per annum ($35.9763per diem);
Late ~Chazges per month if applicable.
11. Plaintiffhas fully complied with Section 403 of Act No. 6, 41 P.S. § 403, known
as the Loan Interest Protection Law by mailing to the Defendants at 147 E Hillcrest Drive,
Cazlisle, PA 17013; as well as to the address of residence listed in pazagraph 3 of this document
on January 31, 201, the Notice pursuant to Act No. 6 and the applicable time periods have
expired. Said Act l~otices aze still valid as the loan did not fully reinstate and become current.
The Act Notices az~ attached hereto as Exhibit "G" and made a part hereof.
VVHEREFOIRE, Plaintiff demands an in rem judgment against the Defendants for
foreclosure and salt of the Mortgaged Premises in the amount due as set forth in paragraph 10,
namely, $223,074.69, plus the following amounts accruing after August 24, 2012, to the date of
judgment: (a) interest of 35.9763 per day, (b} late charges per month if applicable, (c) plus
interest at the legal Irate allowed on judgments after the date of judgment, (d) additional
attorney's fees (if a1~y) hereafter incurred, (e) and costs of suit.
MILSTEAD
Date:~~r , ~'
Attorney for
VERIFICATION
~y~, UI Vyh 'g 'IPI, , rG~VI ~f' ~ ,hereby states that hef~ is ~S}et~-~l t EI~2 uIC~Btt of Bank of
America, N.A., Servicing Agent for Plaintiff in this matter, that heJ~iis authorized to make this
Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure
are true and correct td the best of his~owledge, information and belief. The undersigned
understands that this ~tetement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
N~:T ~ c~y~n E3asw-e4~ Cs~r~~
Title: 1~5515~~ ~ ~ C~ ~°rcS ic.~e n -~
..~~.._.
.. L _ _ ~ ... -. _ F'
j ~~ ;u`t~Eki.4~G oa~sr~iY-~
' ~ ` ~ 'd1 ~fl~ 3Q A~! 10 20
'7'~9 DAD, Tax Pas'eei )129-17-1585-x.40
~ 19aoi 29th day of )Kay of our Lord 14-o Thotw,axsd•and ane {Zfloil _
xe~seth I. Trearattr, $r and 9haro~n ic. Treacter, husbaaci acid wife,
of North 19 c~dleton Townehxp, Cusaborland Coi'Oaty, penasyivania,
t~tar(s) ,
and
$rie A. Morrow and Carol A. Morrow, husband and +riie of ltpxth Diid~dl,eston
Township Toh~ksshp, Cuasberland County, peuASylvatsia,
@z'aatw (s} ,
. that in aoss$ideltatiea~e of Oa4 Donis ($1.OC) , in }~ar+d paid, the
receipt she deaf is hereby acjaRawlat~ged, tb+s e{aid G3rw{stax (s) do hereby grant and
convey to t#ue said arenstae ta) , their bei.re and assigms,
ALL '1~1{iT CBltTAXDi tract of land with tb~e iapr~sveaASats tlaereoA erected,
situate iri ' ttte TOwnvhip of Dfarth Middleton, County of Ctxwbezlatlcl, sad
Cos~ecmwenltt~ ~f Fent3{t~ytlvania, more particularly bcrw,tded a{nd described auue followm:
BHCID'~7 at a point earl ttsQ weat4rly side of seat Sillcrest Dx~.ve, tvrmerly
kpawn as Yi7. 1 Sts^eet at the o4nter of Lvt Ito. 14 og Block "1:1", ate shoAm on the
hereznafter~raeatioaed Plan of Lots, which poi,xst is also in the 13ae of property
now or fo~zly of fiaszy- (3. Schraff3QSJ thear..a by said SChreftler lanti~s and
the Ks+satsr of Lot No. l0, B],ack "H", ~toa feet to a point is the lix>~e, of
lands ~r ors Eornesrly of G. 8. 8eaxy; thence by ~{id Hrntsy laada in a nartlsrrly
direction 7~i Eeet to the dividixtg line bttwsen Let Dilssed ll a~ 1~ a~ slack
"B: , on maid lglan~ theACe by said dividiAg ilea in an easterly dir+rctiots Z00 feast
to the west u'1y line of Saet Hillcrest Dz3ve foa+nrerly kaerwm as axll Street;
thence by t westerly li.rue of said Bacot Billcreat IIriVe trr~rmasly )mcnrn as AiII
Street in a therly direatian 75 feat to the P1ACa og BNCiIMt.
Beit~ 11 of Lot bio. 11 and ano~half of Lvt Die. 10, Hlock "B", apt the Plan
of Basin Hs.l~ E~ei,ghts, Nhich plan, is of record in the Ctfice of the R.ecawedlr of
Deeds ist and' for Cunba{~rlaud county. PennesyYvania, in Plesx Book 4, page 37.
AA'vll~a a on+e and one-ha3.f story brick duelling hsruse ltnown
as and stuobe ed Z47 8aet xillezeet Drive, Carlisle, Penttaylvania 17a13,
Seing he s pz'eta;iser~ which Melroin R. Dloxe~e, Jr. atu Bi1~ 8.
Hc&enzale, auud wide conveye8 to RBm{neth I 'tt'eastlRr, sz. a;tsd 81'sszpoa 3t.
Trehst~sr, Htt sad wife, G;raators herciu, by deed reeardod Jvs7{e ~5, 3~l9s in
the RQCOrder` '.office in and £or Orland nounty, Pa, in Deed Brook 4179 payQ,
104.
'i7'l$ BisCt'SOID IS T71Y ~@'P #S Y? I$ ~ 3'CTtC111 N1l'!'1!~ P,i1,1DB11! 11MD
CH:CI,D .
aB~ the ',said Oxaator(s) hereby aovaasat and agree that they --ill warrant
apeaial Iy tk~e 'property hereby ooQtveyod.
N2T~f'1Mm8Ql, said Cirantor(a) have hereunto set their har{d(s} sad
seal(s) the daly awd year 'first above written.
,` :ii` ~Cywj- ~'NCi
BIr &SAL$D Ati1D I?FsLxV'BRBt7 _ ~`
tssu~)
- taw)
tsE~r.)
~oeuz~t of F888snvA~,
Y OF ~ 9S
Oc3 tb; •' ®~ the ~,~„~f ~ dey of
befa t ~ ~teiy,py~ed o . ~ s ~ Zl ~t cr
pereeA~s a is) -~ eubsaxibsd to the pi,thia~
acle~owld, that ~~ executed ~» far tEse purpoere~ tlye~cvein
~ 1lTa~i _ _ Dl aAdc~.al
_~~ _
= do hehs- eextify tlsat the pzecise reaidax><ce nod cowpletQ pv ' .
addreea oft ;+i.th3.n tuaated g~r+~rtteee ig - -
1~k7 ~. $ii~,cr~sst IIrive
Carlf.sle, PA 17013
Da1te:~~, 20~
~ ~-
RUBY D. ,
Attorney Lar t3xabt•er
Tan Meat High Stzaet
Car-rlisle, pA ~.7D~.3
t?7,7) 2;3-1794
G~lOL118~iL3zi Q~' P~BYTrS/ANIA
tp~,'Y Gi'' CtlIS+A,ND ~
1tBCO~ an this day of
A. z0~, 1n the Recordaz'e of ice of ttie sa d Co~uaty, n Dead
Badk ~,. Valunra Page
~,_.
r~ ~ ,~ ~•, ' ~~"''•` t-'D- hand and the >yeal of the s~wid oi~Eice, the date
f; ' ;+ -r
Recorder of I~L.:~.
~~~ ~ ~~
~~d t•r: at/gtal'OPNER ll-IOMAa L~
~ w-~ ~' ' ~ ~ ~
__ ..... --
_
O 1 ir. ... LCPaN 169596669
.. .... ....
..TIINL 12. 2007 CAIi T'=SLE 7?ENN9 Y7iVANZA
~7 CCtvl (stst~l
147 E H2LLCRL"S'r DR, CARLStt Ltc/ PA 1'7013-1126
Aaea~o]
L SQR7hQ~tilC>R•S TO 7PAY
7(n taateft liar a kp~h~ received, I promise to pqy U.S. S 2 02 , O O O _ O O Cthia atttotucc is caDad "7Znttcipal^>,
plus ttatasaat. t0 fits ORtlsc Ol' I.eadar. T2us T --r-- is
Courat sy~wido Natty Lo ZnG. d7Da Attaarica•a tmoloaala London .
I wi11 malts at1 yttyaseaes cna~ Noss is iAp ilteta oiC cash. clteclc dt tei0atary otdar.
I mtAersmd tint title tttcty tratasit~e tmtis Nora. 11a~ L.andoe oe anyone who tatros this ]Vote by trataafer and who is
antiHad m receive Pc4+msaY uld~' thin Nose is oanad t7ae ^NOte sr t.a~~
2. T ~~~~y
zneerest win lea ""~`g°Y on vtapaid pricreipal vmtll the stall amount of 7Ptindpa7 has cases paid. I wiz! pay iamrest at a yearly
zaie o! 9 . O 4 O 96.
Th6 intes+eac race s~equlelsd by this Seotlon 2 is the race I will pay boric befote and attest any de[aaatt desoribad in Saot9on 6~>
or this Nobs.
3. PAYIt~Td
CA>'iL~M sans
I will yay P>rltsa~wq ~ mabnP a paRymattt every enottta.
I will male ttgr Pi~rseab on rise g•iRax dtayy OZ each saarttth he~.[rauins oin
At7t9rJSx 01. 2007 z will milts chase paymetcrs every rnoath untU I tutus 7prdd ano! ttais ]Ptdaaipal and interest aced
any outer liaiarttr that I cagy vwe under ew Nom_ > nuaabid7' payment wiri tae app7fsd a o! fo rot.edulea
due dtta tpitat wilt ias lbtitsr~sat taetbra 7Prfaoipal. I!, oa .7'C3LY O 1, 2037 I scin owe araiocmta under this
Note, 1 wtlt cltoso 6s>Ln Oast that date. whioh is called ttas ^Maberity Data.'
I wilt tnty pwztttasota at
@.O. Saar tiQil4. >S Lae TX 79266-0694
or as a cm>PseaOt plattoe i! hY 1iN Dose Aolder.
]irly mwaslt/y paymaat ~1 ba is th0 amovat of V.S. S 1. 62 5.34 .
~ 867l~OrV.NCN•dl 7~"J~' O 7P7R=YAY
i 7eataa tYMS s~tY so ~tt7tssaatibe d 7PrieclPtat at aa~ tease DaRlers mapr are ilea. A praps7sasot d a1R of ttta satpafd
is >.ISS..ca rr a •• lsapayseeat..••. ,\ ya+astaYasaat or eayy part o! ma aa~yafd Palacypay f. lesta~-ia as . •-]rfartlal
tr+t~s~pry~asn+•e-
Ifr' 1s~ aa~stal i~so~a~ aR tai Iona is X000 or Isas. I ~oslt7 aa.Ye . ]Yftp aa• 7Partistl IPrapayaaaaat wimo~nt.
itq y • N /M ael~I f'rldo~ptti attrioa~at at tltfa Tlose aaaaaeiis ~1t0.6p®•
I sriY P~ta7 ~ 4tlYrn at aqy tttssa wliiasR
>0!' tra fkat a tao~tplta ~ tttsaaptlba of tme RgNr. I seep app ~as.ab(ta) wl~fa
EtRy ~~ Pt~MI. M iR wlsfaa aaceasAa 2Y9 Ps.c'eaac C~4'7G> ail' !tea ori~gal Af~scfpi aaatsr~ttt a.[' ~4a Ioais. IC w3Y Pal
a pr4MtayisMSak.IMMS/~st Ma slttsaaait agoal sa tL~e llTtaess at'sac (i> asOaslbs• atdleiitsaa ltabttesst act into ateaantbt bs wltlcL ~e
mtal aL sty Ifspt. mat is-.asonsa psloa .ma.W 3P ra~aaas c~~+s> o! eta oa~ai pe~pai avaomc o! tae
loaatr ~. '.
3. LGA.IN G8A>hS~B
7t! a law. wdrs~t Ito title loans and which, sen masianum loan ahsarsae, is Attally iabeaptasad so ttwt tex isuarmst or other
toga oha~ 'me e~hsote6 its oawtaatlatn wltl. this toatta eac~osiln We peemitated limits, t1~a: taD wN/ sactt Iwa sihargt+
wttaII bs rsdnced 6i• Wes naoosaary so s~sdaaos ttae sharps m the partaitssd littdt; and (b) ttYY istates ooIIacpd tlrwn
naa rAV6ioh asoatasd Laafks wnl 1» rar.4tasdsd to tae. Tlta Nioae 7Hetder zragy otaoseta to milts Hats. saltasd by row the
pringiPat I owee wadtee ttda ar by aoatdng a direct payttewtt to ass. It' a :vl+utad redaoq PAtacfipat, ctte taduetlon w111 bs t+roaeed
as a Pattid ?rappimrat ~.
i. Sd•8 Ir - 1`~ PAY ASt >ot]BQIJ»lsD
tA) LtlMit! t:'IMStt«e fltt• ]PSYarwwss
Ittilla N1a11e 7 ~qt aet+aivad tM taiII aaeoamc oY a4ty 1ta~tlily yay by Asa end p[ t!'SFTS~M caletadtar
days abet rho ileac iE is I wilt pt{>,. a lase 62aarP0 eta the Noss FLalAar. 1'he ~M o! tlfo olawrPe will be 5 . O O 0 96 oC tmp•
ovsa+dtao pt~ymanc at' and bfmreet. I will pay this Ism chatPe prpe:apcly last on1Y otaoa On each labs paytaaat.
a ao-t~t-cavc_vw~tww t•tat® ~~ rovrt:
aosao•s.- cta~t+eicai -.®., ots
t
~oAat w
Os> 1Gfafaolt
~ YdO trot pay the Hall amount of each monthly Payment on the date it is due. i will bo !n deAUa1L
(Cj Ptetteo art DalLttlt
Zf Y am M etal9sa~c. ffia Note #Lo16ar may nand one a wrlttsat nodoa tolling me drat if Z do not pay the ovsaWa anaaunt by a
certain daMa, tins Nbea Iioido: may requiro me to pay imooediatsly the ibll amotmt of PrhaciPal whio6 has not btlen pdd at.w ali
the iatatpt that Z owe m that amount. 'That dace moat be st leant 3Q days albsr the Aare on which tLe nodes is mrilmd m rose or
delivered by other meeos.
Q!).No watlvar ~y NOb $oidar
Sven i!, st a titres wbet,r Y am ha dethaal; flee Noac Solder dO6s not require tme m Pay immediately in !Sill ere described above,
the Note lg0ltlee' w!8 stlllt ha ttte tight to do so if Z am in dslanlt at a !afar tliatn.
Elm >t~raisdtt elZ~iaq a CorAa and >emtpsoasas
>Y elan AYatn 1itf10pr 7us ~r<egaitFtd tree m Pay inmsediawly ii. !Sill as deacsibed above. rite Nom >••YOldas will have flee rls6t Oo be
Paid back by toot !toe ~ otiss agesa and o~cptaisiea is wtlbacitag this Note m tine ettteeit aoc peohiblted by appttcable low. Those
cacDenaea fatclude, for e~catn~le. reasonable attorneys' Peas.
7. C3'!R*AYCi O! NIYTJPCSS
ZTnisY wpijflioab3s law ndgniras a dltil+rent csetiaod. any stotioe slut must bo given m me ntider this Note will be given by
d it~t~ ~~ ia~by ~~ clm mail to me ac the Pnoparq AtlOress above or ac a ditrarotat adda~eaa if I ~.re rim Note
Atsytiotiae tlttR afoot S3vNn m the Nate Holder under this Note wit] be given b°Y ddiverhag it er by aaai/hag it by ttirac
alaaa neat! m the Neon PYaldhr ac she aOdreaa sseced in Seetlon 9(/-.) above or ac a di>seearit sAdr+aas it I atop given a notice of thas
diflCCtenc addtas^_
it. O)dLhY3A1'RO~ ~D•' tA~iDER T8Y8 NOTE
Hmose theatawte lids Notes each pareora i. !lolly and yaaswtalty obliptsd m keep all of thr pdromiase made in
dais Notllrr, ie~adiaS-tlha o Pay the lull amount owed. Arty Pae=wa who ie ~ gtust~aatoc, anr'ary or eatdae~ar of this Hots is
s1w obl~asttlioh de: ~ry psesoe^ wino ratans aver that dE1i~tltiaaa. irtehidltet~ she obligetioats at a->ctrraaeae. sareery
or endOMlt4t as4' this lKOOS. is. 1DMigaaad to imep all of tbo promiap mrM in tLfs 2~TOra. Z7te 2 Tole t~loldoa~ m~ eoflbtKCa its d~hts
undtx tit's l~TO1a tigahMtt peRSttw ltodividti.dy or egainas all of us mgetlter. This means that arty one o1 tis may be required to
pay all Ot dW amipeaoles tnsdQ tthla NotC.
9. ww=vlesss
Z and only other who has otallgatiooss under this Note waive she rlghs of Pneaensmgot and Notice al Dishonor.
"Psersetttlatsaac" merits tree d t m raqutro the Note Holder to dematad pwymerat of amounts dun. "Nodes of Dishonor' eoaans site
right m require tbs Nose m give nodoe m ocher Persons that a+oaoarw dva have not been geld.
is ri-w
I agtw twit tilts is to be go.rerttea by fedard law and. to tlw eactoarat riot pretsaposd by >hadae•1 law. by the lawn al
the apss0 wfYSas tM1e ra*7 is located. Zl a laver, which app>tM m this low and sets maa:hataa lone oLaagar is tlnally
iriweprslad sotffat Ybs rtiid odtwe collected oe m b'e eb3leeosR ho evtsaetteion wide dda !nett e7Saped flee-permitted
liioOJla. t*/In: (~ssy" ar4y atssh a Disc ehargs shah br set7toood ray Rba acnotteattstaoaidtty m radtatse rite iasafilet ere otttrr ataarge
m the pWUleiWd 14nldR: itnd ) soy snots tslt~tettty collected from err ertticlt aoeaefft Pesrnitwd Lmis will be teAmasd m sse. 1'he
NOw ZietiQUr sNp* e+lte+oas this reolluttd by redudug the ZPrlueipal Z own ttsodae this Note or by ~ s d/raut payment m
tae. Yt a rtY~Rltsod i'OtMOele the r'eduet30rt will be trt/atad as a PQi'ttal BrrrptgsteAt, hoe in vac event will a prapaymeitc charge
be aasewad ip th61'sooe iYeil>'Or' ahoosse to ttedttes my Prineipat bataeaos b'y tlpplying such exoesa ataomos.
Il. ~SJ$CRtJACP 1iliDriCB
In asd/tlea to rite given to the Note Solder under siiis 'rTOOe, a Morsgage, Dead of 'ZY~uat, err 9acodry Deed <tlia
"Seosri{y Instcttartwet"y. ttlie same dab ere utia 1Totr. protects tba New tL~Wdetr fleam possfWe leases whieta tpult it I do
~ Ioaa~r Mte prt~lass ~ I ma7oe 1n tlds NOm. ?fret 3oaurtty Y#rp[vnomt daearibae 6a~w. ta+d undre wirtK ocedltiaae I may ba
uia~ad to melon' ptymsnt in t1t11 of ail amo~mats i owro tetder thin Noes. Some of shoes mr.dftlons w+s dssurlbed as
!billows:
Yt au err airty ast the Peppeety or any Ysate:est in the Paoparty is sold or otwslertuti (or it Basrra~tvar fs rent a
tiapteel Pen'stfm attd~ ~ Aeial iatetesc ht Borrower is sold or ttartde,a+e~ without Z.eedse's !trine' weittan oansenc.
I.seWar +aueilr t"NM~'s' i payment in Ail1 0l tat s+tses woto~sib0. by this Seerelty Yrutaremmaz Sawever, tills option
ahiii toot ba rNes~miaed ley Z..enAar it aacla exsrciaa is prohiWOOd. by wrplloabta Y.iw.
JptY.~aeder aiie tlitis option, r -- shalt give Sorrtaei~er tiletiae of aaceleraciota. 17ia ttotlos shalt der a
paeiodol eto6 ~ $Otlsya tlepm rite date she raotloe it givsst In aoaerdwoe with Seet3oa 13 wltidti wMeh
must gory s11 wuart >ry flits Sesueiry Znantamant. Zf Aaeenw~sr Arlie m pay chase soma prior m sLs exptratlon of
tdtis peoriad. I..ander invoice anyreneiedtas peneoitaed by this Seouriry Iraaeriimant wit/aMi[ tSattliieor nodes oe dem.etd
on IdOfrOwar.
• a1GPalNNSVLVANN Ptxao RA~T1E NO't1E
aWaa~PA Claws) Pap.ada
WITNESS TFIE HANA(3) AND SFAI..(3) OP Tim CJNDBILSIC~ 7H.i7.
x.osiv
FlIIC ll. 2sO1tROw -HaQVwtie CJ~ROL /~. riOMON ~Seabw~
-SOeeo.~a
AU~I~
11 «
-..,~
(Slsn O-lg~tr~sl Only)
• YO-PaIIdSYLVANIA Mh[® AATH N07E
SO~Yo-,PA {taI06) P~y~ ~ a/ s
P'TP~~r hY: OMR(aTONMaP( T-(O(Uws
GATE: 06/12/2007
BOFtROwEFi: alcxc ~.. ~+~^ow
Ca48E ci:
LC7AN et:
PROPERTY A _~o: 147 $ HSZLCPlEa4x DR
C]~EiI.x3Li, ?']~. 17 0 13-112 9
COtJt7lrytrridp Hoeesd Looms, inc. dbs Attasrioa's
tlllhaoisssis Lsrcdsr
®r~nen •s oooslea
2 JBRI CHO PLAZA. 3RO pLOOR
JtAICatO. 1rY 11783
Pfau ne: (316) T93-6000
Hr pax Ne.s
ADDENI?UM TO NOTE
z'tais AddenQaam ro 1Wots (^wdee..anm-) .mend., sa~p7sments at-a oerusiatttos apart cE t>se clam. of my Note Oared
0 6 / 12 / 2 0 0 7 'IYfo pa~OVieians of this .Addwadros provide deaf i wi711 reoeiw ItaRa~t Rate 7tedaotiotas K I
malcr T7mely Ptq~mww dt~i}t~ at~lseitiod Biigibl3itY 7PSCiods. Tits tercert atrtd aDOndidotuc I .mast toast m agtaalilys for daeae 7ntaerearc
Rate Redtwitlasu see desorl!)de~ bslow_
i_ 7')aAtdtieaa- I+or v(ar~r~ oars of this Ad~Aenaum, the followlnt deanitions app1Y=
a. tarp
begMi~at witih
b_ Lresreot lotab
iattuc+Mt a+ab
iaomediaoly pr
c. I.ab C9cat:~e I
d_ Rtit~egsaft Mu I
Is~[stesak-t. !aa
NOte areal '.4OetY
e. 'rfssi<7 PacTaos
Capitaiiaaad asrms va
2. ~ Nsawaber st Siiaibi'
3. Rpstaet 7l/tsa AAtVet
bibeNetitio veldt tiie. r
ra®ect arse IntaeottcRa
Sacata~pfes .'tis lla~s
=tsbaaaat 7RaDa iRrar
xxstaa-sxoxTaa
reams m btfN,ieit. ttre
soeatc dnili
my irtseatNt Lira a
t ]..5 X) b
5. Coorl~tla
Siigibitity Peelod, I
ar. Ho 7lAiYwtll. ~
in dad'IwOt in
co, my obtigao
the tpramae of m
!a beswats oaaaseetatlve twelve-mmdt periods. th.e t3rsc of whieh is rice awelva-monde pesio4
e trraRth inwAie-Ja nlp~ first mOtttLly pgmec-t ie due.
iaaigltiea means wn odjaasurtasttt to the interest sate ore ~' Nots which deoreasas fay
' TYritSS->a x[i(8?H3 peat:Cat ( 0.375 Rs) below fay iat0saeat rate in entlsee
xlsti svcb Wlttsmteat-
e means the Onto on whtoh a 3aam ohaage will be assessed ate provided in my Note.
i aoeans A payment Of all amoatats 4iae mondNy undue db Osrara ~ tray Nose and Security
diaa~ any etN.tOw items. lets ohaegea, at outer charge or aeaounc lmpoaed under rice terms of aay
Ster:taaata.cc.
maaaas a aswaadaly paymaenc fat Full repnived by the • ~,•••t^~ tto later th.n the Late Charge Date.
. bnt not de5ned ha this Addercdum, athall Rave tics naeaaaitcg given uo tlcotn in the Noce.
Praiods. Thin Addendnm peovldM tOr E'OVaa c 4) >Rlglbiticy Periods.
asaleba. It I aoa eligible for aft Iaassraat Pratte F,easetiwa v at dae end of ~ Hligtbalfty Period. then
naraaat drat in the month following rho aeand aS that Hligibllity Yedod mY patrya:amtac wlII be aQ~ausod to
Radnastion.
Psefod aove.es t7te neat twelve (12) pa>resaaota ow aa7 loss I# t aaa s7fgibla ibr ~
etlt)aa)a tLsw bagiop®og veil flea i~a payatasat saty issetast cab will ba aadnreed by
perrcant ( o _ a 7 s 1a.1
Us Aq*sa6iwao. Sroh time I taosive an Intaeaat Rasa RsOuetion, my tadnaae! hatesest rata will
r bwietaoe of tbae taarp oa! mY ]N'ob ctittiass I giwu!!y ibe adOiariond Iruetisaa Rao 7taAiwctms(s dbsicts ataY
Pareltida. If = gtaaMly for an Httasaae Rabe Ilea3notlon to all corals L o) Sligi'6tiit~ir Peaiodra, ehtn
r the eind of +tdy leas SligibJliay Period wilt be Draw aced onw-kasi= peanemt
-wr .key la3dd interest rare a• atatwd in Pars~h 2 of eny blots.
t 11es~ Istarreet Rata RadmMao. If I meet oaaah of she following seams and conditlotas Oming an
ti be eligible for am Inoe:wt Raare ReRed(aaatiota alYier rtes Brad pf fleet Hiisibility PaAael:
`is begineaing of ttws eligibility period. am0 eossirnw>esty Oaartng abw 87igibifity P4R+iod. i aosasc taus ba
of tity obliigidoss to rite S..mder atrcaier acs Nests or 9entaeit7r Inesttaossnt (Akwlad4ng, brat taut liWOCd
a to ^asinarafn towtataoe on the aoilabral prroperey and to pay all attaontab dne in acoosdsooiCae wick
Note eared 3saaadty Iastrt maerc~.
b. PL7ataeaada lm All of my z.wttthly ppaaynoenn dmiug sn Hligibility Period aaaaesc be Pip !n Pfeil. I will tact
be aiigilsia for alrk Asorasc Face Rad»ndaoaa it any aooaadal'Y payment I merles dating an ~tbl3ity 2~eriod 3e acoc a
Paytwat in SarFh of arty payments dario,g des Blfgibility period mtaK tae tear Cite full artaatant that is due as
shown on esy oaadtlY etatemens or payment eoepon.
• ao - Asr..w.sa >o cvmr
aOae1-us taoree)(ei ~ w.e~ ~ vets
Y 1
4
I..O.tiit
'Tlastly Payapa~as. p,) i wiH gaeai114 !br as Iataawt Rata 7ladoaitos g ail of my Da+-----
Ifliiry ~'I'imoiy Pstymetues. aaoaPt ttrac I maq aesaite no awre tiasn ooa pegtiaont. ita aa. ffiiSitHiitar _Peoeiod
•s LacsDate boc Prior m sexy nett paysaent due Gait. paovided riot rati)Ili payaaottt i; not the trlvelliia
~i~h) Paymeem lice iaf oraa RtiPibiilty ~~. CAi9 8aah a! try p~aaeeits diw~fn~ an Hiibibi7iiy 3@+eeit4d mu*c bs rsarivad
ray tiffs Corridor ak ~ addeaata iypaaiQed by me Leader. (iilj Ii the X~stader a~sosArss a{y PN~Ya~et bslforc tA* I.aio
ClasrPe Date. drs payment inssnam~e+ot is sabregve~j+ sstiiriied w tlio IJSaidter tanptdd (whether !br i~ritliolent
ttiattds or }. the paytaeaat will afot be consideawi moved " by doe Lender nodt !laid oo~ectitra lriiiw bes*a
mwiie by eMs on rtao. unpaid iaattnament t7ic Y aepiaoe it wide aanotsec yeymsat intavstir®s wttdoh is aoc
to she Laandor aaaapafd. d.~ Teas LaedYr .h.li ,ase it..saditd p~retaa6iaes sbr ees.emi..iais doe
d~ass Ch ~ynoetas is reoeivod. The dale a paymrai H ~i~ is ost the Gate I atatf4 ehs paymtgtt ~ Wa
potsrawafe date WiM aevatope. A Payment whiab is received by tree Laaaaiar later tllrit _ 3a80 Pain. is oa>etFdeaad
recsivad the ' ~fadoaae Day. A SvstlscA Day mesas a day as wriaictr ttie L,eiaderisa~ ei~trdy fipan >!br btlreiaaoss
+faitl est+dedes ffi $oodays or holidays. I! tit Gender's taostpc of a pagrao.iet is aahhe9ead lket stay reaeasa coach
fhs tht Pa '.ie tfot a'37meiy Payment, I w.filff atiot 1» eltfibieA~r as Intcsretc Rate Fsdaodoaa d[n dear Blislblliry
Pesfod. i than ft 3s any raeponsRbiury to otaeare ffiu toy payvaerata ale rccaived by the Letrdor as o: befoae
floe LaMe Dale.
B_ Papmaat Ar~asfeao~et PQO>ice. I! I am au=lble 4D receive an Inieresc Rya R~educeion t7re T ~~_ wiL must my monthly
peymtat ro red'leet a Snisrsst Rate Raductiaaa and will jfivc nse taotice of aaoy new paymseat aatrouac pater io n.My next
paymbtat daio date. '~.
7. FaYere W r oaf Ls~tsrse! Fate 7tadeciieaf. tt i do aiot goe7ify tOr aaa Interest Rate Radootiota drttlta! as
ffi liliil®' Paefod. t wiA ba raaade to tn9/ iataeart raft after the and ~ trot 81if1b#ity Por#ctd. If I iiovs roar
10orr ran Face Radaadoaa dnAtr~ sea lYiRtUiliry Pcrlod. ehe peeiod ibt dsts~d*ahl-,s ~tY •ui-Liiisy for iamresc
Raest RaaMiatlana Ysotba eacitmsled. a+dY laeit Sfi.Plbility Paelod will and is the Zorty-eig2atta (4 ett. )
month O~ as'Y loan, w or afot I haw 4odilfed tae any haOaratt Rate Rsdeaaian in prior SuatiMliry Peaiads.
8. PiP Otiisrr Fats A~estaeento. 'I]aerc will be sro acdaacdons is ar a.~aastoeaeats to mY iat*a'~ role ocher dean those
dsscc3Md alsova
9. Later C7usrpet to Ca+e6tt ztspoatlos A.PSae3as. If I t9sil Oo mahe each aaontbly peymanc t0 rho Letadtre befbr0
doe Lsu~ ~-~A ~ I wYJi ba arieesed a 2tge aiisege as provided in ss]e Nom_ Psrrdfar, i! I ilfil to mwlos etwli ~ my
anosathly paprsa_ etits tAlas I.Ondsr On or ~~ae tlu psymene dos dame speciAed in Psra~a~ph 3 of mpg Nom. the Leader may
report my tca a oanNamar i~spo+~8 rfi~'-
i0. Ne to Terms o! Plots err Peoarity IeMS'nmeos. S>LOSpt tier the 7fiatnreost Rate R:edttotlose detoaibed
oiatws., dt of the s acid oanditiaxu of my PrToie aM SecusitY ~nstnama++t reoemfi. in i'atH force serd elllect. inoiodina
witlaaac limitation. Y peepaYmant penalty which essay be a raosrditim of mY losr..
Sy dt+elet below. Y a~o9w~a~ that I Lame mead floe ebo~s retrace sad aonrdiffioaos and t>bat I aadsrataaid tLmri aged a~r.te
tar tsraaaa. _
T..c.~ci Q- '.~~rz.~vzc/ ~ - c Z b 7z
H.saowt aaIC A_ MORAOM ~V
~~ mot-, O ~, Y l \CS1S1 s~l.~ ~ ! .~- !7 _ Cs7
HOQOMt C7\aOL A. aa0alalap Z~f•
HoasewK D.a~
~ era - AY~NrWren b Now
lON1i)a Clerso) tay~a'olr
EXHISlT
~ ~ ~ ~~ _ ,1 ....__. ._ _ • .
~~ ~ ~ • • .
irnestor Loan " - --~
After Reg ym To:
BAC Home Loans r~rin9, LP
AtM: Home R pMsion
4500 Amon Carter
t=ort Worth, TX 7615
This document was plrepared by BAC Home Loans Selvic~g, LP
rSpace Above This Line I?or Recording t'3ata]
H AFFORDA~.E t1~4a1FICATit~1 AC"r#kl~+1T
(~ Two of Two-Sfiep Docwn+ar~ion Procs
eorrow~er ("i'~~: ERI ~0. MORROW and CAROL A MORROW
Lender ("Lender': G Home Loans Senricing, LP
Date of first ~ Instrument ('hAortgage'~ and Note {"Note7: June 12, 2007
Loan Number:1
Property Address jS ' Ecxtribif A for Legal Descxipdon, hand when reco+rlmg becomes necaessary)
(`Pmperty'):147 E H I~LCREST DR, CARLISLE, PA 17013
MFRS ie Motlge~pe is Registration Systems, Inc. MFRS is a corporation thrit is acting
solely ale a trorMnee Lender and Lender's successors and assigns. MFRS is orpardxed ark
under site Mws of ,and has an address and telephone number of P.O. Box 2fY26, Fitnt, Ml
401-2i, (888) 6 HERS.
ff rrly to Section 1 continue to be true in aI! rneter~l rsspeds, then thk Horne Afford
Modon t ("Agreement's wilt, as set forth in Sedlon 3, amend and supplerr~ertt (1) the
or Deed of l'rust ("Mortgage") on the Property, and {~) tits Nod by the Mor~age.
The and der, as they may previously have been euramded, are raeiFerrea' fin as isle
"Loan Documents.` ized temps used in this Agreement and not delfined have the mean~ig gh~:n to
them in Loan Docu hts.
I understand that r I sign and return two copses of this Agreement to the Lend-, the Lender' w~l send
me a signed copy this Agreement. Phis Agreement wit -not taloe effact unless the precondhions set
forth in Section 2 'been satisfied.
l . K Mnee rs rears Than a jr Benrowar ar MEx~Bagor exew4inQ Nra doamr~tnt, aech is reiernd to as "t ' For purpoew ~ 11~s
doouerrsnt wads s~gnilykr~ the singular (such as'i~ shat nrdrrrie the ~ (such as'Snra') and woe uses wheee ayppropra~e.
M~lL7'is'r'A~ HOIE AF~oRTgAB1.E MODIFiCATIOft AONT -Single
~~'
U#!IA
p i of ~' prges)
site ae,~
,
1. My R~n3seittations. I certify, represent to Lender and agree:
A. I am experiendng a financial hardship, and as a result, (i) l am in default under the Loan
Documejrrts, and (iT) t do not have sutficie~rt income or access to suffrdent assets to
make tt~ monthly mortgage payments now or fin the near future;
B. I Nve in i~ Property as my principal residence, and the Property has not bean oonderrined;
C. There tjas been no change in the ownership of the Properly sine 1 signed the Loan
Docu ts;
D. I have pvided documentation for atl,inc~me that I receive (and t under~nd that I am not
requi to disclose child support or alimony unless t case to rely on such incarne when
req ~ to qua~fy for the Home Affordabte'Modifir:atbn program ("Program"));
E. lMder aKy of perjury, all documents and ~forma#ion I have provided to Lender in
can can with this Agreement, including the documents and inton regar+dng my
for the Program, are true•and cotred;
F. If Lende~-'requues me to obtain cxedit counse~ng in connection with the Program, I w~ do so;
and
G. I have rj~ade or w~l make all payments n3quired under a Trial Period Plan or Loan Workout
Plan.
H. I was " ..barged in a Bankruptcy proca~#ng subseque~it to the execution of the Loan
. [3ased on this representation, Lender agrees that I will not have P'-d t~bdity
on the pursuant to this Agreement.
2. Aoknovdirrients and Preconditions to•Modlftcatiori. 1 understand and adlmowletige that:
A. ~ If prior Modification Effective Date as set forth in Sect~n 3 the Leridi~r ~ that
my rep tatfons in Section 1 are no loner true and erred, the Loan Docunrec~s wiN not
be and this Agreement will terrriinale. In this e++ertt, the Lender wip t~ve alt of the
rights a ~ remedies provided by the Loan Documents; and
B. I u ~ nd that the Loan Documents will not be modified unie~ and urifil (I) l receive from
the a copy of this Agreement signed by the LeKid~, and ~) the M Effective
Date (a ',defined in Section 3) has occurred. t further ~ and s~^ee that the Lender
will not be abtigated or bound m make any modion of the Loan Docurnetrts iE I fad to
meet a ~ one of the requirements under this Agreement.
3. Tire Mod on. If my representations in Section 1 continue to be true in a~ material r~espeds
and afl nditlons to the modiflcabon set truth In Seen 2 have been met, the Loan
[3ocumeMs ~ autornalicaNy become modified on the 1st day of Deoe~nber, 2010 (the
Effective Da#e'~ and all unpaid late charges that remaM unpaid v bye waived. I
imder~and if l have failed to make any payrrienls as a pr+eoondklori of tiais on under
a workout ~ or teal period plan, this modfication will not tetra efi+ed. The firer rr:odlpect payment
will be due ~ the 1 st day of December, 2010.
past due. as of the Modification Effective Date (induding unpaid and deFerreed ir>ten~t, fees,
escrow advances and other costs, but excluding ~ dtarges, collectively, "Unpaid Amounts"}
less any, amounts paid to the Lender but not previousy cxedited to my Loan. The new
PrincipalibaEsnce of my Note w~i be x216,083.45 (the New Prindpal Balance'. I ur>derstand
that by to add the Unpaid Amoultts to the outstanding pr'incipat , then added
Unpaid ourtts accrue interest based on the interest in effect under this Agreemet. 1 also
un d that this means Mterest will now accrue on the unpaid interest that is addead to the
outstrac~ng prthcipal balance, whic~I woad not happen without this Agreement.
C. Int tat the rate of 6.250% wifi begin to accrue an the New Principal Balance as of
01, 2010 and the first new monthly payment on the New Prindpal Balance wfil be
due on bar 1, 2010. My payment schedule for the rrwdltied ban is as folklws:
Years Rate Rate Moathly Prie & Mmthly 13swow Todd Moni6tY Paymak $~ On I4tm~bar of
int Payment Payment Pymmtt Monthly
Amount Amount" Paymesls
1 27 6.250!6 Ovanber 01, 20I0 51,388.77 5'138.87 51,627.64 Aoa~ Ol, 2010 320
MsY•ai~
* The e~txaMr payments may be ajusted periodically in accordance with appiiceble law and
thereforle' my rnon#hiy payment may change accordingly.
The above terms in this Section 3.C. shaN supenede any provisi~s #o the corl#rary in the
Loan Documents, including but not limited to, pn~visions for an adjustable or step interest
rate.
I d that, if I have a pay option adjustable rate mor~age ban, upon modification, the
min~nu monthly payment opfbn,, the iniel+est-onhr or any o payment opHHotts will no
brlger offered. and that the monthly payments descd In the above l~~ mule
for my ed loan will be the min~n payment that w~l be due eadl for the namaining
term of the loan. My modified loan will not have a negative arrwrtiz~ion featw+e #let would
~bw~to pay less than the interest due resulfing arty unpadi interest to be added to the
out g prindpal balance.
D. l will bei fn default if I do not comply with the terms of the Loan Documents, as modified by
this Agr~eme;~nt.
E. If a de uK rate of interest is pemliEted under the Loan Documents, then in the event of
default Index the Loan Documents, as amended, the interest that wiM be due w~ be the rate
set ih Section 3.C.
4. Additional ~-gr+eements. I agree to the fiaRowirtg:
A That all s who s~ned the Loan Documents or thes• authorimed taWe(s~ have
s~ned 'i§ A~eemertt, unless n) a borrower or co-bortnrtssr is deceased; (~ the ba~onr~ and
are divorced and thee. property has beel'l tran~rred~to one spouse Nt fih8 dnrorce
decree, tale spouse who no bnger has an Ind In th :property need r~ sin this
Ag hough the non-signing spouse may cxar~nue tv be held l~4o fcx the cybflgation
under th 'Loan Documents); or (~ the Lender has waived this requlrefrmrlt in writltlg.
B. Tha# th~ Agreement shall supersede the terms of any modification, forb~rance, Trial Period
IMU.'r~'rATE HOPE Af~C>ittaABLE MODlFlCATION AGREEI~NT - stnpN F~ply - Frmtgs MattlFroddN Il~c CORM
MINT ', _ Ferret 31 ti7 (rw. =/Olly (psp~r 3 of T pages)
1 695 9x889+I! S C H,IAP+rINp+3'3 TdZ4
8116 08/0D
. ~ . ~ Plan or Workout Plan that I previously entered into with Lender.
..
C. To comply, except to the extent that they are modified by this Agreement, with atl co<renants,
agreements, and requirements of Loan Documents inducting my agreement to rrrake all
payments' ~ taxes, insurance premiums, assessments, Escrow items, imptrunds, and ail
other payments, the amount of which may change periodically over the term of my Loan.
D. Funds for F-strove Items: I will pay to Lender. on the day payments are due under the Loan
Documents as amended by this Agreement, urrW the Loan is paid in full, a sum (the "Funds")
to provide for payment of amounts due five: (a} taxes and assessments and other items which
can attain priority over the Mor~age as a lien or• encumbrance on the Property; (b} leelsehokt
paymen br ,mound rerrth on the Properly, d any; (c} premiums fa' any and aM insurance
required }I lender under the Loan Documents; (d} mortgage insurance premiums, if any, or
any 'payable th Lender in lieu of the ~lyment of mortgage insurance premiums in
accordan ~ with the Loan Documents; and (e} any community assoaation dues, fees, and
a that Lender requires to be escrowed. These items are c~Ned "Escrow imams." I
shaA famish to Lender ail notro~ of amounts to be paid artier thrs Sec~tort 4.D. I
shad pay,Lender the Funds for Escrow Items unless Lender waives my o to pay the
Funds fort ~m or all Escrow items. Lender may waive my obRgatiorl to pay to lender Funds for
any or ap~ escrow Items at any time. Any such waiver may only be in venting. In the event of
such wa' r, I shah pay erectly, when and where payable, the errmunts due for any Escxaw
It+erns for which paym~rt of Funds has been waived by Lender and, if Lender requires, steal!
furnish t Lender receipts evidencing such payment wilf-in such #ime period as Lender may
require. )r otrkgation to make such payments and to provide receipts shah for all purposes be
daerned ~a' be a oovenan# and agreemen# contained in the Loan Documents, as the phrase
"oov~enank ~'rd agreement" is used in the Loan Docxrrr>errts. Ff I am obUgaled to pay Escrow
Items d ,pursuant to a waiver, and 1 fail to pay. the amount due for an Esr:row Item,
Lender ay exercise its rights under the Loan Documents and this Agreemerrt arxi play such
amcwnt ~rld f shall then be obligated to repay to Lender any such amount. Lender may
revoke warner as to any or all Escrow Items at any tkrre by a notice grve<r in avoordarx:e
with the can Documents, and, upon such revocation, •I shy pay to Lender aM Funds, and in
such am ants, that are then required under this Section 4.D.
Lender ay, at any time, coNect and hod Funds in an amount (a} sufficient to permR Lender
to apply ' e Funds at the time spedfied • under the Real Estate Ssttiem~rt Procedures Act
("RESP ), anti (b) not to e~tceed the maximum amount a lerrtfer can require under RESPA.
Lenders d[t estimate the amount of Funds due an the basis of current data atut reasonable
estimate$ of expenditures of future Escrow Items or otherwise in accordance with ap~plk~bte
law.
The Fu S shall be held in an institution whose deposits are insured by a federal agency,
instruia~y, or entity (inducting Lender, if Lender is an &rstibution whose deposits are so
insurer) fn any Federal Home Loan Bank. lender shelf apply the Funds to pay the Escrow
items no ~ later than the lime speaffed under RESPA. Lender sheill not drarge rare for holding
and ap the Funds, annually analyzing the escrow account, or verifying the Escrow
items, u I~ss Lender pays me interest on the Funds and apprle law pemniEs Lender to
make a charge. Unless an agreement is made kr writing or apptuerbie IaH+r requires
interest be paid on the Funds. Lender shall rat be r+equkect to pay me any interest or
eamtngs ~on the Funds. Lender and I can agree in writing, however, that rnterest shah be paid
on fire Funds. Lender shall provide me, without d~arge, an annual accounting ~ the Funds
as•nequir~d by RESPA.
!f there r$ a surplus of Funds held in escrow, ~ defined unci~' RESPA, Lender shah account
to me ford the excess funds in accordance with RESPA. tf there is a shortayle of Funds held in
escrow, ~s defined under RESPA, Lender shall nottiy me as required' by RESPA, artd I snail
pay to L er the amount necessary to make up the shone in accordance with RESPA, but
in no m re than 12 monthly payments. If there is a defiderrcy of Funds teed rn esanw, as
defined nder RESPA, Lender shall not~y me as required by RESPA, and 1 sbaN pay to
Lender ti~ amount necessary to make up the defidency in accordance with RESPA, but in no
MULTISTATE HOME AFpQRDABLE MODIFICATION AGREENMNT - 9~ngle'Famlly - Fannie MaelFnddN Mac t~Ff~!!M
WS'i'RRl1ilL~tiT FonAr 3167 41011 (rw. Q109) (pegs 4 of 7 pages)
+USC P+ M + q
8116 OE10®
more than 12 monthly payments.
Upon payment in foil of aN sums secured by the Loan Documents, Lender shall promptly
refund to me any Funds hey by Lender.
E. That the Loan Documents are composed of duty valid, binding agreements, enforceable in
accordance with their terms and are hereby reafik'med.
F. That ail and provisions of the Loan Documents. except as expressly modl~ed by this
Ag nt, Hameln in full force and ei ncYttg in thrs Agreement shah be und~ersfiood or
con to be a satisfaction or release ~ whole or in part of the obNgations in the
Loan ;and that except as othen+dse sperm ~ovkieci in, and as ercpressiy
mod~d by, this Agreement, the Lender and ! an`d be bound by, and wiN comply wilts, alt of the
terms an conditions of the Loan Documents.
G. That, as ~ of the Modfication Effective Date, nN~ndirtg any other ,prrnrision of the Loan
~, l agree as foltows: ff aN or any part of the Ptvperty or any infiew+~t in it is sold or
trap without Lender's prior written consent. Lender may, at its option, require
immed payment ~ futl of ail sums secured by the Nlorfgage. I~wever, Lender shall not
exerdse the option if-state or federal law, rules or reg~ prohibit the of such
option a$ of the date of such sale or batns~r. if Lender exerdses this ap~orr, L shall
give me'notioe of acx~eration. The notice shall provide a period of not less than 30 days
from the the notice is deNvered or mailed within which I must pay aN suns seaubd by the
If t fad to pay these sums prior th the expiration of this period, Lender' may invoke
any re ies permitted by the Mortgage without further notice or demand or- me.
H. That, as, of the Modification Effective Date, l understand that the Lender will o-niy atiow the
tnansfer assumption of the Loan, inducting thrs At,'to a transferee of my property
as ed under the Garn St. Germakr Act, 12 U.S.C_ Seciiai 1701}3. A buyer or
trans of the Property wia not be perrrdtted. urxler any other dretunstanae, to assume the
Loan. as noted herein. th~ Agreement may not be assigned to, or ~ by, a
buyer ~ of the Property.
L That, as of the Modlfic~ion Effective Date, if any provision in the Note or in any ~id,endum or
amerst #o the Note aQowed for the assessment of a penally for full or partial prepayment
of the ' ,such provision is null and•void.
J. That, I ' 'll cooperate fu !y with Lender in obtaining any title endorsement(s), or sintilar title
insuran product(s~ anchor subordination agreements) •that are or required by
the L et's procedures to ensure that the mcxMfled ban is ~ first lien position
and/or fully enforceable upon mown ark that if, under any dance and not
wrtf>sla anything else to the contrary ~ thth t, the Lender does not receive
such ' endorsement(s), title stsurarxe.produc~s) and/or subordination agresrrrer~s), then
the of this Agreement wfti not. beaorne ewe on the Madificration E'fNedie+e >~th and
the Ag witi be nuq and void. i also agree fo atiow Lender to attadt an Exh~it A to thrs
loan n which wid indude a legal Dtiorr, recording lnforrnation of qne origina!
secxirity rtstrurnent, and arty other relevant irtformalxrn wined by a County gerk's C-ftice to
allow for, recording d and when recording becomes necessary for Lender.
K That i 11 execute such other documerrts as may be reasonably necessary+ to either (i)
consum the terms and conditions of flue Agreement; or (ii) correct the berms and
conditia s of this Ptan if an error is defected aver exearhon of this Amt. I understand
that a treated Agreement will be provided to me and th~ Agreement waM'be void and of no
legal upon notice of such error. if I elect not~o sr~ any such corrected Agn3ernent, the
terms the original Loan Documents shall contrmre ~n foil force and effect, such banns wAl
not be odiffed by this Agreement, and i wrl! not be eligth[e for a modification under the Horne
Affordab~ie Modification program.
L Mortgage Electronic Registratron Systems, Inc. ("HERS") is a separate corporation organized
MI~..Tr81'ATE HOME AF~oRbABLE MODIFlCATtON AtiREr -Single Family - Faan~ MaaulFroddM:M~c UtpF+ORM
rKS-etul~rT ~ ate one twv. s~f (vat s ar ~ ~eS1
1 + + + 6 q
8'! i8 OBA6
,
• and existing under the laws of 17elaware and has an address and telephone number of P.O.
' t~ox 2028,'FGnt, Ml 48501-2026, (888} 879-HERS. in uses where the ban has been
registered with MFRS who has only legal title to the int+ereats giarited by the borrower in the
moifgapt~ and who is ailing solely as nominee for Lender acid Lenders successors and
assigns,',MERS has the right to exer+dse any or aN of those ~, inducting, but not lirni#ed
to, the right to foreclose and sell the Property; and to twice any action required of Lender
indudiri~, twt not limited to, releasing and canceling the mort~e loan.
M. That Lender wNl cdied and record personal information, inducting, but not limited to, my
name, address, telephone number, social security number,. cxaedit soots, irx~ome, payment
history, ~ovemment monitoring informa8on, and information about account balances and
activity. ~, In addition, I understand and cons~t to the d'isdosure of my pxtaf infonnat;on
and the s of the Trial Perbd Pian and this Modiithatlon A~reemerrt by Lender tD {a) the
U.S. iartment of the Treasury, (b) Fannie Mae and Freddie Mac in connec~an w~h their
respon • • s under the Home AftordabiNty and StabiNty Pin; (c) any irrves#or, in~trer,
guararitc#r or sei'vicer that owns, insures, guarantees or servic;ea my first lien or subordinate
Nen (if ~apppcabb) mortgage town(s); (d) companies that perform suptaort services for
th® Ho~ Affordable Modification Program arrd the Second lien Modification Progn~ri; and
{e) any UD certified housing counselor.
N l agree at if any document related to #ie Loan Docurnen~ andJor this Agrett ~s lost!
mi , m~stated, inaccurabegr refierxs the true and correct terms and of the
loan as odified, or is otherwise missing, I wiN comply wigs the Lender's refit to execute,
adcnowilge, initial and deliver to the L®nder any docuimtritation the Lender deems
neceasa~y. ff the origins! promissory note is replaced, the Lender hereby indemnifies me
against riy loss assodated with a demand on the original nee. AN documents the Lender
req cf rrte under this Section 4.N. shaN be referred to as "Documents." 1 agree to deliver
the Doc~rments within ten (10} days after I recehre the Lender's written request for such
Mu.TIRT14'ig Hotf1E AFf~oRQIRBlE AAODtFlCAT10N AG,Ris~NE1iT - 3kgle Family - FaniN Mac ElI~A
w91rRtNr~rr {rw. ~r s a 7 J
+ c + + ,~
8118 08/D9
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~~; ~ NF ~~~HQN~~Q+ ~
Sheriff
~:"
Jody S Smith ,~+r ~~ 2~ pM
Chief Deputy ~# ~i
Richard W Stewart CUM~ERl.ANO COUNTY
solicitor = PENNSYLVANIA
The Bank of New York Mellon
vs.
Eric A. Morrow (et al.)
Case Number
2012-5857
SHERIFF'S RETURN OF SERVICE
10/12/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Eric A. Morrow, but was unable to locate him his
bailiwick.. He therefore returns the within Complaint in Mortgage Foreclosure and Notice or Residential
Mortgage Foreclosure Diversion Program as not found as to the defendant Eric A. Morrow. Request for
service at 147 E. Hillcrest Drive, Carlisle, Pennsylvania 17013 does not appear vacant, but it is currently
for sale. A neighbor advised Deputies, Eric A. Morrow moved out last weekend, but The Carlisle
Postmaster is still delivering his maii to this address.
10/12/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Carol A. Morrow, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice or Residential
Mortgage Foreclosure Diversion Program as not found as to the defendant Carol A. Morrow. Request for
service at 147 E. Hillcrest Drive, Carlisle, Pennsylvania 17013 does not appear vacant, but it is currently
for sale. A neighbor advised Deputies, Carol A. Morrow moved out last weekend, but The Carlisle
Postmaster is still delivering her mail to this address.
SHERIFF COST: $60.00
October 12. 2012
SO ANSWERS,
~"
RONN R ANDERSON. SHERIFF
MILSTEAD & ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
(856)482-1400 Attorney for Plaintiff
File No.'
uo
THE BANK OF NEW YORK MELLON COURT OF COMMON PLEA!rF"
FKA THE BANK OF NEW YORK AS CUMBERLAND COUNTY =:'0 ` "'
TRUSTEE FOR THE -< C-n
CERTIFICATEHOLDERS OF THE <Q a» r
bra
CWABS,INC.,ASSET-BACKED '; No.: 12-5857 Civil -°
CERTIFICATES, SERIES 2007-8
Plaintiff, CIVIL ACTION
Vs. MORTGAGE FORECLOSURE
Eric A. Morrow '
Carol A. Morrow
Defendants
AMENDMENT TO MOTION FOR ALTERNATE SERVICE
Pursuant to Cumberland County Local Rule 208.3(a)(2) and Rule 208.3(a)(9),please be advised
of the following:
Pursuant to Local Rule 208.3(a)(2) -No Judge has ruled upon any other issue(s) in the same
matter for the above captioned case.
Pursuant to Local Rule 208.3(a)(9) -No concurrence of any opposing counsel of record was
sought as Plaintiff's Counsel is unable to locate said Defendants for service. Also, no counsel of
record has filed an entry of appearance with this Court for said Defendants.
Re:Pc Z/WesrferEsquire
MLLC
B
Attorney D No. 203145
MILS'TEAD& ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
(856)482-1400 Attorney for Plaintiff
File No.: 45.20226
THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS
FKA THE BANK OF NEW YORK AS CUMBERLAND COUNTY
TRUSTEE FOR THE '
CERTIFICATEHOLDERS OF THE
CWABS,INC.,ASSET-BACKED No.: 12-5857 Civil
CERTIFICATES, SERIES 2007-8
Plaintiff, CIVIL ACTION
Vs. MORTGAGE FORECLOSURE
Eric A. Morrow
Carol A. Morrow
Defendants.
MOTION FOR ALTERNATIVE SERVICE PURSUANT TO
PENNSYLVANIA R.C.P. 430
TO THE HONORABLE JUDGE OF SAID COURT:
AND NOW, comes Plaintiff, by its attorney Patrick J. Wesner, Esquire and moves this
Honorable Court for an Order permitting Alternative Service upon the Defendants, Eric A.
Morrow and Carol A. Morrow by posting and tacking the Complaint and all subsequent
pleadings that require personal service on the premises known as 147 E. Hillcrest Drive, Carlisle,
PA 17013 (the"Premises") and by regular and certified mail to the Premises pursuant to
Pennsylvania Rule of Civil Procedure 430 and avers in support thereof:
1. Plaintiff filed suit against the Defendants in Mortgage Foreclosure.
2. Plaintiff is the mortgagee.
{00495113}
3. Plaintiff has attempted to effectuate service of the Complaint upon Defendants, Eric
A. Morrow and Carol A. Morrow. Service was attempted on the Defendants at the mortgaged
property address of 147 E. Hillcrest Drive, Carlisle, PA 17013. A copy of the Sheriff's Return is
attached herto and marked as Exhibit"A."
4. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith
effort to locate the Defendants. A copy of the Affidavit of Reasonable Investigation is attached
to the Affidavit submitted herewith and made a part hereof as Exhibit`B." Said investigation
provides no new address information for the Defendants.
5. Plaintiff has attempted to ascertain the present address of the Defendants,but has been
unable to do so.
6. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage
Foreclosure Actions by regular and certified mail and by posting at the mortgaged premises.
WHEREFORE,Plaintiff respectfully requests that this Honorable Court enter an Order
permitting service upon said Defendants, Eric A. Morrow and Carol A. Morrow by posting and
tacking the Complaint and all subsequent pleadings that require personal service on the premises
known as 147 E. Hillcrest Drive, Carlisle, PA 17013 (the"Premises") and by regular and
certified mail to the premises.
Respectfully submitted,
MILSTEAD&ASSOCIATES LC
ner, sq e
Attorney ID No.: 031 5
{00495113}
MILSTEAD& ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
(856)482-1400 Attorney for Plaintiff
File No.: 45.20226
THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS
FKA THE BANK OF NEW YORK AS CUMBERLAND COUNTY
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS,INC.,ASSET-BACKED No.: 12-5857 Civil
CERTIFICATES,SERIES 2007-8
Plaintiff, CIVIL ACTION
Vs. MORTGAGE FORECLOSURE
Eric A. Morrow
Carol A. Morrow
Defendants.
AFFIDAVIT IN SUPPORT OF
MOTION FOR ALTERNATIVE SERVICE
I, Patrick J. Wesner, Esquire,being duly sworn according to law, hereby depose and say
that the facts set forth below are true and correct to the best of my knowledge, information and
belief.
1. Plaintiff filed suit against the Defendants in Mortgage Foreclosure.
2. Plaintiff is the mortgagee.
3. Plaintiff has attempted to effectuate service of the Complaint upon Defendants,
Eric A. Morrow and Carol A. Morrow. Service was attempted on the Defendants at the
mortgaged property address of 147 E. Hillcrest Drive, Carlisle, PA 17013. A copy of the
Sheriff's Return is attached herto and marked as Exhibit"A."
{00495113}
4. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good
faith effort to locate the Defendants. A copy of the Affidavit of Reasonable Investigation is
attached to the Affidavit submitted herewith and made a part hereof as Exhibit`B." Said
investigation provides no new address information for the Defendants.
5. Plaintiff has attempted to ascertain the present address of the Defendants, but has
been unable to do so.
6. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage
Foreclosure Actions by regular and certified mail and by posting at the mortgaged premises.
Milstead&Associates, LLC
atrick sq i
Attorney ID No.: 031
{00495113}
MILSTEAD &ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
(856)482-1400 Attorney for Plaintiff
File No.: 45.20226
THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS
FKA THE BANK OF NEW YORK AS CUMBERLAND COUNTY
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS,INC.,ASSET-BACKED No.: 12-5857 Civil
CERTIFICATES,SERIES 2007-8
Plaintiff, CIVIL ACTION
Vs. MORTGAGE FORECLOSURE
Eric A. Morrow
Carol A. Morrow
Defendants.
MEMORANDUM OF LAW IN SUPPORT OF
MOTION FOR ALTERNATIVE SERVICE
I. INTRODUCTION
This matter comes before the Court upon the Motion of Plaintiff, for an order permitting
substituted service pursuant to Pa. R.C.Pro. 430(a)upon the Defendants, Eric A. Morrow and
Carol A. Morrow(the"Defendants") in this mortgage foreclosure action.
II. FACTS
Plaintiff filed suit against the Defendants in Mortgage Foreclosure.
Plaintiff is the mortgagee.
Plaintiff has attempted to effectuate service of the Complaint upon Defendants,Eric A.
Morrow and Carol A. Morrow. Service was attempted on the Defendants at the mortgaged
property address of 147 E. Hillcrest Drive, Carlisle, PA 17013. A copy of the Sheriff's Return is
attached herto and marked as Exhibit"A."
{00495113}
Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith
effort to locate the Defendants. A copy of the Affidavit of Reasonable Investigation is attached
to the Affidavit submitted herewith and made a part hereof as Exhibit`B." Said investigation
provides no new address information for the Defendants.
Plaintiff has attempted to ascertain the present address of the Defendants, but has been
unable to do so.
Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage
Foreclosure Actions by regular and certified mail and by posting at the mortgaged premises.
III. LEGAL ARGUMENT
According to Pa. R.C.Pro. 430(a), a plaintiff may petition the court to provide an
alternative method of service if the plaintiff cannot effectuate service upon the Defendants. The
rule requires the affidavit presented in support of the motion for alternative service to state"the
nature and extent of the investigation which has been made to determine the whereabouts of the
Defendants and the reasons why service cannot be made."Pa.R.C.Pro. 430(a). The purpose of
this procedure is to provide proof that a good faith effort has been made to effect service under
normal methods.
Rule 430 provides in pertinent part:
If service cannot be made under the applicable rule the plaintiff
may move the court for a special order directing the method of
service. The motion shall be accompanied by an affidavit stating
the nature and extent of the investigation which has been made to
determine the whereabouts of the Defendant and the reasons why
service cannot be made.
Pa.R.Civ.P. 430(a). It is well settled that,pursuant to Pa.R.Civ.P. 430(a), a method of substituted
service which is reasonable calculated to give actual notice depending upon"what is reasonable
{00495113}
under the circumstances, considering the interest at stake and the burden of providing notice"is
acceptable. Romeo v. Looks, 369 Pa. Super. 608, 616 (1987).
The instant matter is a mortgage foreclosure action. Clearly, service upon the Defendants
at the property subject to the action and to all known addresses of Defendants and by publication
is reasonably calculated to provide notice to the Defendants in light of the efforts already made
by the Plaintiff to effectuate personal service. Plaintiff has attached an affidavit to its Motion
which sets forth the nature and extent of the investigation which has been made to determine the
whereabouts of the Defendants. The Motion and the affidavit illustrate that Plaintiff has made a
good faith effort to effectuate service under normal methods. Substituted service in this instant is
appropriate under Pa.R.Civ.P. 430(a).
IV. CONCLUSION
For the foregoing reasons, Plaintiff respectfully requests this Honorable Court enter an
Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint
and all subsequent pleadings which require personal service by certified and regular mail to the
mortgaged premises of 147 E. Hillcrest Drive, Carlisle, PA 17013 and by posting at the
mortgaged premises. /11
n r,E quire
Attorney ID N .: 20 145
{00495113}
MILSTEAD&ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
(856)482-1400 Attorney for Plaintiff
File No.: 45.20226
THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS
FKA THE BANK OF NEW YORK AS CUMBERLAND COUNTY
TRUSTEE FOR THE '
CERTIFICATEHOLDERS OF THE
CWABS,INC.,ASSET-BACKED No.: 12-5857 Civil
CERTIFICATES, SERIES 2007-8
Plaintiff, CIVIL ACTION
Vs. MORTGAGE FORECLOSURE
Eric A. Morrow
Carol A. Morrow
Defendants.
CERTIFICATION OF SERVICE
I, Patrick J. Wesner, Esquire, hereby certify that I have served a true and correct
copy of Plaintiffs Motion for Alternate Service to the following person or their attorney of
record.
xxxx Regular First Class Mail
Certified Mail
Other
Date Served: March \y , 2013
TO: Eric A.Morrow Carol A. Morrow
147 E. Hillcrest Drive 147 E. Hillcrest Drive
Carlisle,PA 17013 Carlisle,PA 7013
Patrick J. Wesne , 4sqiire
Attorney ID No.1101145
{00495113}
EXHIBIT "A"
{00495113}
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
�9�rtitt al�Q
Jody S Smith ;T
Chief Deputy
Richard W Stewart
Solicitor c,Fricm OF
The Bank of New York Mellon Case Number
vs.
Eric A. Morrow(et al.) 2012-5857
SHERIFF'S RETURN OF SERVICE
10/12/2012 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Eric A. Morrow, but was unable to locate him his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice or Residential
Mortgage Foreclosure Diversion Program as not found as to the defendant Eric A. Morrow. Request for
service at 147 E. Hillcrest Drive, Carlisle, Pennsylvania 17013 does not appear vacant, but it is currently
for sale. A neighbor advised Deputies, Eric A. Morrow moved out last weekend, but The Carlisle
Postmaster is still delivering his mail to this address.
10/12/2012 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: Carol A. Morrow, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice or Residential
Mortgage Foreclosure Diversion Program as not found as to the defendant Carol A. Morrow. Request for
service at 147 E. Hillcrest Drive, Carlisle, Pennsylvania 17013 does not appear vacant, but it is currently
for sale. A neighbor advised Deputies,Carol A. Morrow moved out last weekend, but The Carlisle
Postmaster is still delivering her mail to this address.
SHERIFF COST: $60.00 SO ANSWERS, ..��
October 12, 2012 RbNtn R ANDERSON, SHERIFF
jc}CowtyStrite Sheriff,TeleosofL Inc
EXHIBIT "B"
{00495113}
r
RMT SERVICES LLC
"You Seek and We Find"
Date:November 15,2012
Number:45.20226
Plaintiff:The Bank of New York Mellon FKA the Bank of New York as Trustee for Certificate holders
of the CWABS,Inc.,Asset-Backed Certificates,Series 2007-8
VS.Defendant:Eric A.Morrow&Carol A.Morrow
County: Cumberland
Person to Locate: Eric A.Morrow XXX-XX-4702
AFFIDAVIT OF GOOD FAITH INQUIRY
LAST KNOWN ADDRESS
1) 147 E.Hillcrest Drive,Carlisle,PA 17013
SEARCH OF LOCAL TAX AUTHORITY
Inquiry with local tax office was inconclusive due to the lack of records available for Cumberland
County.
INQUIRY OF THE CREDIT BUREAU
Inquiry with credit bureau,confirms the most current mailing address for Eric A.Morrow as address
#1 listed above.Please see document attached.
SEARCH OF LOCAL PHONE DIRECTORY AND OPERATOR INQUIRY
The telephone company operator has address#1 above listed to Carol A.&Eric A.Morrow,but a phone
number is unavailable. (717)385-3727&(717)249-6819 are two phone number used from the credit
bureau listings.
VERBAL TELEPHONE INOUIRIES/CONTACTS:
(717)385-3727: 11-15-12 at 10:33 a.m.answering machine"Carol"
(717)249-6819: 11-15-12 at 10:34 a.m.disconnected
Neithbors closest to 147 E.Hillcrest Drive
141 E,Hillcrest Drive: 11-15-12 at 10:38 a.m.answering machine
153 E.Hillcrest Drive: 11-15-12 at 10:39 a.m.female had no idea
125 E. Hillcrest Drive: 11-15-12 at 10:40 a.m.Answering machine
I CERITFY UNDER PENALTY OF PERJURY,THAT THE FOREGOING IS TRUE AND C THE B F M KNOWLEDGE.I UNDERSTAND FALSE STATEMENTS
HEREIN ARE MADE SUBJECT TO THE PENALTIES RELATING TO UN TO AUT RI
AFFIANT:
ayne uber
115A
�D �� Y Sword to and wbsalbed
WOO 11f. 3 rof
I
�! ERIC MORROW j
1 166-62-4702 147 E HILLCREST DR 01/30/2012
04/20/1964
CARLISLE, PA 17013
ERIC A MORROW
1166-XX-XXXX .147 HILLCREST DR (717)385-3727 11/09/2011
04/20/1964
!CARLISLE, PA 17013 }
k ERIC A MORROW
1 166-XX-XXXX 1147 HILLCREST DR (717) 385-3727 1 11109/2011
04/20/1964
CARLISLE, PA 17013
ERIC MORROW
1147 E HILLCREST DR
166-62-470 2 (717 249-6819 ' 06/20/2011
)
! ICARLISLE, PA 17013-1128
ERIC MORROW
166-62-4702 147 E HILLCREST DR (717)249-6819 06/17/2011
CARLISLE, PA 17013
-�- ERIC MORROW F ���
4
166-62-4702 1147 E HILLCREST DR ` 12/30/2009 }
I
CARLISLE, PA 17013
(ERIC A MORROW I
166-62-4702 1147 E HILLCREST DR 01!1612008
04/20/1964
CARLISLE, PA 17013 }
ERICK MARROW
I 147 E HILLCREST DR
166-62-4702 11/27/2007
CARLISLE, PA 17013
ERIC A MORROW r
116f-62-4702 147 HILLCREST DR ) 11/19/2007
I ,CARLISLE, PA 17013
ERIC A MORROW _
! 166-62-4702 147 EAST HILLCREST DR 05/03/2007
ICARLISLE, PA 17013 I j
ERIC A MORROW
-F
166-62-4702 147 HILLCREST 04/12/2007
}
CARLISLE, PA 17013
ERIC MORROW
166-62-4702 147 HILLCREST DR I
04/20/1964 03/15/2007
j CARLISLE, PA 17013
RMT SERVICES LLC
"You Seek and We Find"
Date:November 15,2012
Number: 45.20226
Plaintiff:The Bank of New York Mellon FKA the Bank of New York as Trustee for Certificate holders
of the CWABS,Inc.,Asset-Backed Certificates,Series 2007-8
VS.Defendant:Eric A.Morrow&Carol A.Morrow
County: Cumberland
Person to Locate: Carol A.Morrow XXX-XX-7209
AFFIDAVIT OF GOOD FAITH INQUIRY
LAST KNOWN ADDRESS
1) 147 E.Hillcrest Drive,Carlisle,PA 17013
SEARCH OF LOCAL TAX AUTHORITY
Inquiry with local tax office was inconclusive due to the lack of records available for Cumberland
County.
INQUIRY OF THE CREDIT BUREAU
Inquiry with credit bureau,confirms the most current mailing address for Carol A.Morrow as address
#1 listed above.Please see document attached.
SEARCH OF LOCAL PHONE DIRECTORY AND OPERATOR INQUM
The telephone company operator has address#1 above listed to Carol A.&Eric A.Morrow,but a phone
number is unavailable. (717)385-3727 is a phone number used from the credit bureau listings.
VERBAL TELEPHONE INQUIRIES/CONTACTS:
(717)385-3727: 11-15-12 at 10:33 a.m.answering machine"Carol"
Neizhbors closest to 147 E.Hillcrest Drive
141 E,Hillcrest Drive: 11-15-12 at 10:38 a.m.answering machine
153 E. Hillcrest Drive: 11-15-12 at 10:39 a.m.female had no idea
125 E.Hillcrest Drive: 11-15-12 at 10:40 a.m.Answering machine
I CERITFY UNDER PENALTY OF PERJURY,THAT THE FORZZ9 KNOWLEDGE. I UNDERSTAND FALSE STATEMENTS
HEREIN ARE MADE SUBJECT TO THE PENALTIES RELATIN
AFFIANT:
OM
US p7g 17
VON {p11�e � 33 Swom W and subsaW
�'ii •
r CAROL A MORROW
163-52-7209 147 HILLCREST DR (717)385-3727-Y 10/10/2010
01/26/1964
CARLISLE, PA 17013
CAROL A MORROW
147 E HILLCREST DR
X163-52-7209 � � 12/30/2009
iCARLISLE, PA 17013 ( 1
CAROL MARROW
163-52-7209 147 E HILLCREST DR 11127/2007
01/26/1964
CARLISLE, PA 17013 f
CAROL MORROW I
147 HILLCREST DR I
163-52-7209 I 09/18/2007 i
(CARLISLE, PA 17013
i CAROL MORROW
147 EAST HILLCREST DR
j 163-52-7209 05/03/2007
CARLISLE, PA 17013
CAROL A MORROW
163-52-7209 147 HILLCREST 04/12/2007 i
ICARLISLE, PA 17013
CAROL MORROW I-
163-52-7209 147 HILLCREST DR 1 03/15/2007
CARLISLE, PA 17013
CAROL A MORROW
163-52-7209 147 HILLCREST 02/08/2007
w
j CARLISLE, PA 17013
. .....:...
1CAROL A MORROW
163-52-7209 1147 HILLCREST DR
01/26/1964 ( 11/25/2006
CARLISLE, PA 17013
j CAROL A MORROW -
163-52-7209 1147 HILLCREST DR
01/26/1964 i 07/26/2006
;CARLISLE, PA 17013 j
'CAROL A MORROW
163-52-7209 4147 EHILLCREST DR 1
1 01/26/1964 1/26/2005
ICARLISLE, PA 17013
MILSTEAD&ASSOCIATES, LLC
BY: Patrick J. Wesner,Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
(856) 482-1400 Attorney for Plaintiff
File No.: 45.20226
THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS
FKA THE BANK OF NEW YORK AS CUMBERLAND COUNTY
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS,INC.,ASSET-BACKED No.: 12-5857 Civil
CERTIFICATES,SERIES 2007-8
Plaintiff, CIVIL ACTION
VS. MORTGAGE FORECLOSURE
Eric A. Morrow
Carol A.Morrow
Defendants.
ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO
PENNSYLVANIA R.C.P. 430
This matter being opened to the Court by Plaintiff,by and through its attorney, Patrick J.
Wesner, Esquire,upon a Motion for Order Granting Alternative Service,pursuant to
Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleading submitted
in connection with this matter and good cause shown:
IT IS on this I I day of M44A 2013, ORDERED that the Motion
for Alternative Service is GRANTED and IT IS FURTHER ORDERED that service of the
Complaint and all subsequent pleadings in Mortgage Foreclosure that require personal service on
the Defendants, Eric A. Morrow and Carol A. Morrow shall be made by posting and tacking the
{00495113}
Complaint and all subsequent pleadings that require personal service on the premises known as
147 E. Hillcrest Drive, Carlisle, PA 17013 (the "Premises") and by regular and certified mail to
the premises.
BY THE COURT:
J.
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C.Jt '
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°# Cn y:
{00495113} t/M
COPY "",1-4 �� l3
MILSTEAD & ASSOCIATES, LLC - THE � UdQA►�
BY: Patrick J. Wesner, Esquire
ID No. 203145 2013 MAY 10 PM 3: 22
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002 CUMBERLAND COUNT'
(856) 482-1400 Attorney fCPrW1 tY#fVANIA
File No. 45.20226
THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS
FKA THE BANK OF NEW YORK AS CUMBERLAND COUNTY
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC.,ASSET-BACKED
CERTIFICATES, SERIES 2007-8, No.: 12-5857 Civil
Plaintiff,
Vs. Praecipe to Reinstate Complaint in
Mortgage Foreclosure
Eric A. Morrow and Carol A. Morrow,
Defendants.
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter.
MILSTEAD &ASSOCIATE , L C
Patrick J. Wesner, squi e
Attorney ID No. 03145
a(?0(401
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ' D-ufF 9C-
Sheriff Wpi 4�r is r �l ' THE. PROTt�0NO ;fit;;
Jody S Smith
Chief Deputy '' 2D1314AY 30 0111: 02
'��, I
Richard W Stewart d'JM�3ERl�1ND COUNTY
Solicitor ' 1 =
pENNSYL\IAN'A
The Bank of New York Mellon Case Number
vs. 2012-5857
Eric A. Morrow(et al.)
SHERIFF'S RETURN OF SERVICE
05/23/2013 11:31 AM- Deputy William Cline, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the
within named Defendant, to wit: Eric A. Morrow, pursuant to Order of Court by"Posting"the premises
located at 147 E. Hillcrest Drive, North Middleton Township, Carlisle, PA 17013 with a true and correct
copy according to law.
laoe r
LLIAM CLINE, DEPUTY
05/23/2013 11:31 AM- Deputy William Cline, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the
within named Defendant, to wit: Carol A. Morrow, pursuant to Order of Court by"Posting"the premises
located at 147 E. Hillcrest Drive, North Middleton Township, Carlisle, PA 17013 with a true and correct
copy according to law.
LEI M CLINE, EPUTY.
SHERIFF COST: $62.78 SO ANSWERS,
May 24, 2013 RON ~ R ANDERSON, SHERIFF
(c)CounrySuito Sheriff,Teleosoft,Inc.
MILSTEAD&ASSOCIATES,LLC
BY:Patrick J.Wesner,Esquire
ID No.203145
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
(856)482-1400 Attorney for Plaintiff
THE BANK OF NEW YORK MELLON FKA THE COURT OF COMMON PLEAS
BANK OF NEW YORK AS TRUSTEE FOR THE CUMBERLAND COUNTY
CERTIFICATEHOLDERS OF THE CWABS,
INC.,ASSET-BACKED CERTIFICATES,SERIES
2007-8 !
7105 Corporate Drive No.: 12-5857 Civil
Plano,TX 75024,
Plaintiff,
! Cz N r
Vs.
�n C.7
Eric A.Morrow C/) 'r-
147 E Hillcrest Drive
Carlisle,PA 17013, �p
and ! n '
Carol A.Morrow
147 E Hillcrest Drive ! '
Carlisle,PA 17013, - }
Defendants
PRAECIPE FOR JUDGMENT,IN REM, FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter Judgment,in rem, in favor of Plaintiff and against Eric A.Morrow and Carol A.Morrow,Defendants,
for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and
sale of the mortgaged premises,and assess Plaintiff's damages as follows:
As set forth in Complaint $223,074.69
Interest 8/25/12 through 09/04/13 13,488.75
Late Charges 0.00
TOTAL $236,56 .44
I hereby certify that(1)the addresses of the Plaintiff and Defendants are as sho above and(2)that notice
has been given in accordance with Rule 237.1.copy attached.
i
:Attorney tric re
for PlaintiDAMAGES REBY ASSESSED AS ICATED
DATE: UL
PROTHO ARY
0ILA/� a(�oya
�9 W(
l�l D U cu
MILSTEAD&ASSOCIATES,LLC
BY: Patrick J. Wesner,Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
(856)482-1400
Attorney for Plaintiff Our file number: 45.20226
THE RANK OF NEW YORK MELLON COURT OF COMMON PLEAS
FKA THE BANK OF NEW YORK AS CUMBERLAND COUNTY
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE No.: 12-5857 Civil
CWABS,INC.,ASSET-BACKED
CERTIFICATES, SERIES 2007-81,
Plaintiff,
Vs. '
Eric A. Morrow
c
and
Carol A. Morrow,
Defendants
TO: Eric A.Morrow Carol A. Morrow
147 E Hillcrest Drive, 147 E Hillcrest Drive,
Carlisle,PA 17013 Carlisle,PA 17013
DATE OF NOTICE: August 5,2013
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAIN ST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by
attorney and file in writing with the court your defenses or objections to claims set forth against
you. Unless you act within ten(10)days from the date of this notice, a judgment may be entered
against you without a hearing and you may lose your properly or other important rights. You
Pagel of 3
i,
. t-
s
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
71.7-249-3166
MILSTEAD&ASSOCIATES, LLC
By Pa'rck e ier, Esquire
ID No. 203145
Attorney for PI i iff
I
I
I
i
I
i
1
1
Page 2 of 3
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Prothonotary
To: Eric A. Morrow
Carol A. Morrow
THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS
FKA THE BANK OF NEW YORK AS CUMBERLAND COUNTY
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS,INC.,ASSET-BACKED No.: 12-5857 Civil
CERTIFICATES, SERIES 2007-8,
Plaintiff,
Vs.
Eric A. Morrow,
and
Carol A. Morrow,
Defendants
NOTICE PURSUANT TO RULE 236
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 proceeding as indicated below.
Prothonotary
MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
PATRICK J. WESNER,ESQ. #203145
MILSTEAD & ASSOCIATES, LLC
856-482-1400
Notice Pursuant To Fair Debt Collection Practices Act
This is an attempt to collect a debt and any information obtained will be used for that purpose.
C?l����3
MILSTEAD &ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
(856) 482-1400 Attorney for Plaintiff
THE BANK OF NEW YORK MELLON i COURT OF COMMON PLEAS
FKA THE BANK OF NEW YORK AS CUMBERLAND COUNTY
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS,INC.,ASSET-BACKED No.: 12-5857 Civil
CERTIFICATES, SERIES 2007-8,
!
Plaintiff,
!
Vs.
!
!
Eric A. Morrow,
!
and
!
Carol A. Morrow,
!
!
Defendants
VERIFICATION OF NON-MILITARY SERVICE
Patrick J. Wesner, Esquire,hereby certifies that he is attorney for the Plaintiff in the
above-captioned matter, and verifies the following facts to the best of his information and belief:
1. inquiry has been made with the Department of Defense, and it has been determined that
Defendants are are not in the Military or Naval Service of the United States or its Allies, and/or
do not fall within the provisions of the Servicemembers Civil Relief Act of 2003, 50 USC App.§
501
2. defendant, Eric A. Morrow, is over 18 years of age,
3. defendant, Carol A. Morrow, is over 18 years of age, .
(� 12. ►3
ak-J' esner, ui
Department of Defense Manpower Data Center
SCRA 3.0
Status RtepoA
Pmuant to Servicemembers Civil Retie'Act
Last Name: MORROW
First Name: ERIC
Middle Name:
Active Duty Status As Of: Sep-12-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA - No NA
j
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA t -No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA - No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility
Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as
the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the
individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family
member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the
protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c).
This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve
Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration(NOAH Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1).
Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: R4K94A68D05FEE0
Department of Defense Manpower Data Center
• SCRA 3.0
Sta=Report
Pursuant to Serviceniembe s Civil R-elief Act
Last Name: MORROW
First Name: CAROL
Middle Name:
Active Duty Status As Of: 5ep_12-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA - Noy NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Alive Duty Start Date Active Duty End Date Status Service Component
NA NA t / No NA
This response reflects w_here the individual left active duty status within 367 days preceding the Active Duty Status Dale
,III
s
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Alive Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No - NA
This response reflects whether the individual or his/her unit has received early notification to report for alive dory
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350 _
The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility
Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as
the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the
individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family
member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the
protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLOR.htmi. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c).
This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve
Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1).
Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: E4FFGA68Z05FO20
MILSTEAD &ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
(856) 482-1400
Attorney for Plaintiff
File No. 45.20226
THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS
FKA THE BANK OF NEW YORK AS CUMBERLAND COUNTY
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC.,ASSET-BACKED No.: 12-5857 Civil
CERTIFICATES, SERIES 2007-8
CIVIL ACTION
Plaintiff, MORTGAGE FORECLOSURE
Vs.
Eric A. Morrow
Carol A. Morrow
Defendants '
CERTIFICATE OF SERVICE
I, Patrick J. Wesner, Esquire, do hereby certify that the Complaint in Mortgage
Foreclosure was served upon Defendants, Eric A. Morrow and Carol A. Morrow on May 23,
2013 by the Cumberland County Sheriff. A copy of the Service Returns are attached hereto and
made a part hereof as Exhibit"A".
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18Pa.C.S. § 4904 relating to unsworn falsific Io to authorities.
Pat ' r, .q i
Attorney for Plainti.f
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
i��y51�i'Jl 4'.cl YI311P�r; .
Jody S Smith
Chief Deputy •,,.1'
Richard W Stewart
Solicitor r-IP lUE OF 76E *i:=R =
The Bank of New York Mellon
vs. Case Number
Eric A. Morrow(et al.) 2012-5857
SHERIFF'S RETURN OF SERVICE
05123/2013 11:31 AM- Deputy William Cline, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the
within named Defendant,to wit: Eric A. Morrow, pursuant to Order of Court by"Posting"the premises
located at 147 E. Hillcrest Drive, North Middleton Township, Carlisle, PA 17013 with a true and correct
copy according to law.
�t
VOLLIAM CLINE, DEPUTY
05/23/2013 11:31 AM-Deputy William Cline, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the
within named Defendant,to wit: Carol A. Morrow, pursuant to Order of Court by"Posting"the premises
located at 147 E. Hillcrest Drive, North Middleton Township, Carlisle, PA 17013 with a true and correct
copy according to law.
.4 4_ �!=
-WILLIAM CLINE, DEPUTY
SHERIFF COST: $62.78 SO ANSWERS,
May 24,2013 RONt4'R ANDERSON, SHERIFF
tct Countvsutte Sheriff,TeleosoR.Inc.
E� r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THE BANK OF NEW YORK MELLON CIVIL ACTION
FKA THE BANK OF NEW YORK AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE ; NO.: 12-5857 Civil
CWABS,INC.,ASSET-BACKED
CERTIFICATES, SERIES 2007-8, PRAECIPE FOR WRIT OF EXECUTION
Plaintiff, (Mortgage Foreclosure)
Vs. ---- ��
rnM rn
Eric A. Morrow
-11-;a -0 -'0 r*j
and Cn mac'
Carol A. Morrow, <o
Defendants.
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TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
I. Directed to the Sheriff of CUMBERLAND County;
2. Against the Defendant(s) in the above-captioned matter;
3. and index this writ against the Defendant(s) as follows:
Eric A. Morrow
Carol A. Morrow
Real Property involved: 147 E Hillcrest Drive
Carlisle, PA 17013
Amount Due $236,563.44
Interest from 9/5/13 to Date of Sale
at$35.97 per diem(6%)
TOTAL
(Costs to be added)
Respectively submitted,
Milstead & Associates, LLG
DATE: Z. , 2013
atric s wire
'�a� S�r �,� Attorney for PI ' tiff
D� 220 Lake Driv st, Suite 301
(00 to Cherry Hill,NJ 8002
103. 5"
" ,sow
Ci, ��aUL')S
ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the
township of North Middleton, County of Cumberland, and Commonwealth of Pennsylvania,
more particularly bounded and described as follows:
BEGINNING at a point on the westerly side of east Hillcrest Drive, formerly known as Hill
Street at the center of Lot No. 10 of Block`B", as shown on the hereinafter mentioned Plan of
Lots, which point is also in the line of property now or formerly of Harry G. Schreffer; thence by
said Schreffer lands and through the center of Lot No. 10, Block"B", 200 feet to a point in the
line of lands now or formerly of G.E. Henry; thence by said Henry lands in a northerly direction
75 feet to the dividing line between Lot Numbered 11 and 12 of Block`B", on said Plan: thence
by said dividing line in an easterly direction 200 feet to the westerly line of east Hillcrest Drive
formerly known as Hill Street; thence by the westerly line of said East Hillcrest Drive formerly
known as Hill Street in a southerly direction 75 feet to the Place of BEGINNING.
Being all of Lot No. 11 and one-half of Lot No. 10, Block"B", on the.Plan of Basin Hill.
Heights, which plan is of record in the Office of the Recorder of Deeds in and for Cumberland
County,Pennsylvania, in Plan Book 4, Page 337.
HAVING THEREON ERECTED a one and one-half story brick dwelling house known as and
numbered 147 East Hillcrest Drive, Carlisle, Pennsylvania 17013.
Title to said premises is vested in Eric A. Morrow and Carol A. Morrow, husband and
wife,by deed from Kenneth 1. Treaster, Sr. and Sharon R. Treaster, husband and wife,
dated 5/29/2001 and recorded 5/30/2001 in the Cumberland County Recorder of Deeds in
Book 245, Page 585.
Being known as 147 E Hillcrest Drive, Carlisle,PA 17013
Tax Parcel Number: 29-17-1585-140
FIN_ED-OFFICE-
MILSTEAD&ASSOCIATES,LLC vl- a IE PRO TI-iON 3 Y
BY: Patrick J.Wesner,Esquires r
ID No. 203145 2013 SEA' 2b AM 220 Lake Drive East, Suite 301 1 '
Cherry Hill,NJ 08002 CUMBERLAND CoUtj y
(856)482-1400 PENNSYLVANIA
Attorney for Plaintiff
File Number: 45.20226
THE BANK OF NEW YORK MELLON FKA COURT OF COMMON PLEAS
THE BANK OF NEW YORK AS TRUSTEE CUMBERLAND COUNTY
FOR THE CERTIFICATEHOLDERS OF
THE CWABS,INC.,ASSET-BACKED No.: 12-5857 Civil
CERTIFICATES,SERIES 2007-8,
Plaintiff,
AFFIDAVIT OF SERVICE
Vs. PURSUANT TO RULE 3129.1
Eric A.Morrow
and
Carol A.Morrow,
Defendants.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED
CERTIFICATES, SERIES 2007-8, Plaintiff in the above entitled cause of action, sets forth as of
the date the praecipe for writ of execution was filed the following information concerning the
real property located at 147 E Hillcrest Drive, Carlisle, PA 17013:
1. Name and address of Owners(s) or Reputed Owner(s):
Eric A.Morrow Carol A.Morrow
147 E Hillcrest Drive 147 E Hillcrest Drive
Carlisle,PA 17013 Carlisle,PA 17013
2. Name and address of Defendant(s) in the Judgment:
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE FOR
THE CERTIFICATEHOLDERS OF THE
CWABS,INC.,ASSET-BACKED
CERTIFICATES, SERIES 2007-8
(Plaintiff herein)
7105 Corporate Drive
Plano,TX 75024
4. Name and Address of the last recorded holder of every mortgage of record:
THE BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE CWABS,INC.,
ASSET-BACKED CERTIFICATES,SERIES 2007-8
(Plaintiff herein)
7105 Corporate Drive
Plano,TX 75024
5. Name and address of every other person who has any record lien on the property:
PA Department of Revenue Bureau of Compliance Lien
Section
PO Box 280948
Harrisburg,PA 17128
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:
None Known
7. Name and address of every person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Tenant/Occupant Department of Domestic Relations
147 E Hillcrest Drive Cumberland County Courthouse j
Carlisle,PA 17013 13 N.Hanover Street
Carlisle,PA 17013
Commonwealth of Pennsylvania
Department of Welfare North Middleton Township Tax Office
P.O.Box 2675 5 Hill Drive
Harrisburg,PA 17105 Carlisle,PA 17013
Cumberland County Tax Bureau Carlisle Area School District
21 Waterford Drive, Suite 201 623 W.Penn St.
Mechanicsburg,PA 17050 Carlisle,PA 17013
i
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification o
authorities.
Patrick J. e s ire
Attorney for Plaint' f
Date: Z.4 2013
i
OFF-ICL-
MILSTEAD & ASSOCIATES, LLC
OF THE P
BY: Patrick J. Wesner, Esquire
ID No. 203145 '' SEP 26 �,`�: 2
220 Lake Drive East, Suite 301 rUMBERLAUD COUNTY
Cherry Hill,NJ 08002 PENNSYLVANIA
(856)482-1400
Attorney for Plaintiff
File Number: 45.20226
THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS
FKA THE BANK OF NEW YORK AS CUMBERLAND COUNTY
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE No.: 12-5857 Civil
CWABS,INC., ASSET-BACKED
CERTIFICATES, SERIES 2007-8, NOTICE OF SHERIFF'S SALE OF
REAL PROPERTY PURSUANT
Plaintiff, TO PA.R.C.P.3129
Vs.
Eric A. Morrow,
and
Carol A. Morrow,
Defendants. '
TAKE NOTICE:
Your house (real estate) at 147 E Hillcrest Drive, Carlisle, PA 17013, is scheduled to be
sold at sheriff's sale on March 5,2014 at 10:00 am in the Commissioner's Hearing Room,
Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of
$236,563.44 obtained by THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW
YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-
BACKED CERTIFICATES, SERIES 2007-8.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The Sale will be cancelled if you pay to Milstead&Associates LLC, Attorney for
Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how
much you must pay, you may call 856-482-1400.
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 following page on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
PLACED YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE
1. If the Sheriff s Sale is not stopped,your property will be sold to the highest bidder.
You may find out the bid price by calling Milstead&Associates at 856-482-1400.
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequate compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400.
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 a 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 on a date
specified by the Sheriff not later than thirty days after the sale. 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 after.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the Sale.
YOU SHOULD TAKE THIS PAPER TO YOU LAWYER T TELEPHONE IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle,PA 17013
717-249-3166
45.20226
WRIT OF EXECUTION and/or ATTACHMENT
12-5857 Civil
COMMONWEALTH OF PENNSYLVANIA) NO. CIVIL ACTION—LAW
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS,
INC.,ASSET-BACKED CERTIFICATES,SERIES 2007-8 Plaintiff(s)
From ERIC A.MORROW and CAROL A.MORROW
(I) 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: $236,563.44 L.L.: $.50
Interest from 9/5/13 to Date of Sale at$35.97 per diem(6%)
Atty's Comm: Due Prothy: $2.25
Atty Paid: $283.28 Other Costs:
Plaintiff Paid:
Date: 9/26/13 -�
David D. Buell,Prothonota ra
(Seal) B
Deputy
REQUESTING PARTY:
Name: PATRICK J.WESNER,ESQUIRE
Address: MILSTEAD&ASSOCIATES,LLC
220 LAKE DRIVE EAST,SUITE 301
CHERRY HILL,NJ 08002
Attorney for:PLAINTIFF
Telephone: 856-482-1400
Supreme Court ID No.203145