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HomeMy WebLinkAbout13-0749 Law Office of Tina Nielsen Amodeo, L.L.C. i as of counsel for Puleo, DeLisle, PLLC By: Tina Nielsen Amodeo, Esq. (ID No. 79567) Two Bala Plaza, Ste. 300 Bala Cynwyd PA 19004 ph 609-617-5584/fax 888-881-6584 THIS IS NC?~~',~~~"{Fd~ C~~~d~'`' ARBITRATIOl~~~~~l..`~'~, ! ~ BANK OF AMERICA, N.A., SUCCESSOR: BY MERGER TO BAC HOME LOANS SERVICING, LP 100 North Tryon St. Charlotte NC 28255 COURT OF COMMON PLEAS CUMBERLAND COUNTY TRIAL DIVISION -CIVIL, FEBRUARY TERM, 2013 Plaintiff, DOCKET NO.: I ' ~ ~Vl I v. CARROL F,. HERMAN 4240 Adler Rd. Bethlehem PA 18020 And SAMANTHA K. BRUGGER 1408 Concord Rd. Mechanicsburg PA 17050 And MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BANK OF AMERICA, N.A 1818 Library St. Suite 300 Reston VA 20190 CIVIL ACTION -QUIET TITLE Defendants ACTION TO QUIET TITLE (PURSUANT TO Pa. R.C.P.1061(b)(3) AND Pa: R.C.P. 1061(b)(2) ) a~{~~o3 ~J af~ G~# 3~/~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association/ 32 South Bedford Street Carlisle, PA 17013 l -800-990-9108 Plaintiff, hereby files this Complaint against the Defendant to Quiet Title with respect to a certain parcel of real estate and in support thereof avers as follows: THE PARTIES Plaintiff, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, is a bank organized and existing under the laws of the United States of America with an address of 100 North Tryon Street, Charlotte, North Carolina 28255. 2. Defendant, CARROL E. HERMAN, is an adult individual who resides at 4240 Adler Rd., Bethlehem, Pennsylvania 18020. 3. Defendant, SAMANTHA K. BRUGGER, is an adult individual who resides at 1408 Concord Rd., Mechanicsburg, Pennsylvania 17050. 4. Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BANK OF AMERICA, N.A., is a corporation organized and existing under the laws of Delaware and has an address of 1818 Library Street, Suite 300, Reston, Virginia 20190. FACTUAL BACKGROUND LAWRENCE R. HERMAN and Defendant, CARROL E. HERMAN, his wife, (hereinafter, the "HERMANS") were the record owners of the real estate that is the subject of this litigation by virtue of Deed dated June 18, 1975 and recorded July 7, 1975 in the Office of the Cumberland County Recorder of Deeds in Book 26D at Page 395. Said real estate (hereinafter, the "Property") is located at 1408 Concord Road in the Township of Hampden, County of Cumberland and State of Pennsylvania. A copy of the Deed vesting the said real estate in the HERMANS is attached hereto as "Exhibit A" and incorporated herein by reference. A copy of the legal description of the Property is contained within that Deed. 6. LAWRENCE R. HERMANN' departed this life on December 9, 2001 whereupon title to the Property vested solely in CARROL E. HERMAN, his wife. 7. Defendant, SAMANTHA K. BRUGGER, (hereinafter, "BRUGGER") is the current record owner of the real estate that is the subject of this litigation. 8. A copy of the deed indicating BRUGGER'S ownership of said Property is attached hereto as "Exhibit B" and incorporated herein by reference. A copy of the legal description of the Property is contained within that deed. 9. On or about January May 21, 1999, the HERMANS, as Borrowers, granted to AMFRICA'S WHOLESALE LENDER, a lender organized and existing under the laws of New York, as Lender, a Mortgage (hereinafter, the "HERMAN MORTGAGE") on the Property in return for the loan. of $123,500.00, the repayment of which was secured by the Mortgage on the Property. The Mortgage was recorded May 24, 1999, in the office of the Cumberland County Recorder of Deeds, Cumberland County, Pennsylvania in Book 1543 at Page 1129. A copy of the Mortgage is attached hereto as "Exhibit C" and incorporated herein by reference. 10. AMERICA'S WHOLESALE LENDER is a trade name for COUNTRYWIDE HOME LOANS, INC. 11. BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP (hereinafter, "Plaintiff' or "BOA"), is successor by merger to COUNTRYWIDE HOME LOANS, INC. 12. On or about March 24, 2011, BRUGGER granted MORTGA(E ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BANK OF AMERICA, N.A., a Mortgage on the Property in the amount of $179,653.00, which Mortgage was recorded Apri15, 2011 in the office of the Cumberland County Recorder of Deeds under Instrument Number 201110360. Plaintiff, BOA is the current holder of that Mortgage. 13. A current search of the real property records indicates that there are no other Mortgages of record on the property other than those described herein. 14. Stewart Title Insurance Company, (STIC), a title insurance company whose headquarters are located at 1980 Post Oak Boulevard, Suite 800, Houston, Texas 77056, issued a policy of title insurance on the property. 15. Thereafter, as part of a settlement of an outstanding and unrelated title insurance claim against STIC, STIC made payment in full of the HERMAN MORTGAGE to BOA in exchange for an agreement that BOA would assign the HERMAN MORTGAGE to STIC. 16. On September 8, 2011, COUNTRYWIDE HOME LOANS, INC., D/B/A AMERICA'S WHOLESALE LENDER assigned the HERMAN MORTGAGE to Plaintiff BOA which assignment was recorded on October 14, 201.1 in the office of the Cumberland County Recorder, Cumberland County, Pennsylvania under instrument number 201128571. A copy of that Assignment is attached hereto as "Exhibit D" and incorporated herein. by reference. 17. Thereafter, in furtherance of the agreement between STIC and Plaintiff, BOA, Plaintiff did prepare and execute an Assignment of Mortgage assigning the HERMAN MORTGAGE to STIC intending to have the Assignment of Mortgage recorded in Cumberland County, Pennsylvania, Recorder's Office. 18. Through inadvertence only, before the Assignment was recorded, a Satisfaction Piece was recorded which discharged the HERMAN MORTGAGE of record. 19. Through inadvertence only, on or about November 1, 2011, Plaintiff, BOA erroneously prepared, executed and recorded that Mortgage Satisfaction Piece (hereinafter, the "Satisfaction Piece") which was recorded in the Cumberland County, Pennsylvania, Recorder's Office on November 3, 2011 under Instrument Number 201130538. A copy of the Satisfaction Piece is attached hereto as "Exhibit E" and incorporated herein by reference. 20. As it stands now in the Cumberland County, Pennsylvania land records, the HERMAN MORTGAGE has been satisfied when in fact it should still be open of record and held by STIC by virtue of the unrecorded Assignment. 21. The Mortgage lien was not and has not been paid in full by the HERMANS. 22. Plaintiff, BOA needs to have the Satisfaction Piece declared null and void and the Mortgage reinstated to the date it was originally recorded in order that it may record the Assignment of Mortgage from BOA to STIC. 23. An action at ejectment will not lie. COUNT ONE QUIET TILE UNDER PA R.C.P. 1061(b)(2) 24. Plaintiff incorporates by reference the foregoing paragraphs of this Complaint as if they were fully set forth herein at length. 25. Plaintiff, BOA brings this action pursuant to Pa. R.C.P. 1061(b)(2) to determine that the Satisfaction Piece dated November 1, 2011, and recorded November 3, 2011 in the Cumberland County, Pennsylvania Recorder's Office under Instrument Number 201130538 is null and void. 26. Plaintiff, BOA brings this action pursuant to Pa. R.C.P. 1061(b)(2) to determine that the Mortgage dated May 21, 1999 and recorded May 24, 1999, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Book 1543 at Page 1 l 29 is a valid and existing lien on the Property. WHEREFORE, Plaintiff requests that this Court enter a decree, upon presentment of an order stating the same: A) Declaring that the Satisfaction Piece dated November 1, 2011 and recorded November 3, 2011 in Cumberland County, Pennsylvania Recorder's Office under Instrument Number 201130538 is null and void. B) Declaring that the Mortgage dated May 21, 1999 and recorded May 24, 1999, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Book 1543 at Page 1129 is a valid and existing lien on the Property. C) Instructing the Recorder of Deeds of Cumberland County, Pennsylvania to remove or cancel of record the Satisfaction Piece dated November 1, 2011 and recorded November 3, 2011 in the Cumberland County, Pennsylvania Recorder's Office under Instrument Number 201130538 and reinstate the Mortgage dated May 21, 1999, in the Cumberland County, Pennsylvania Recorder's Office in Book 1543 at Page 1129 as of the date of it was first recorded, May 24, 1999; D) Instructing the Record of Deeds of Cumberland County, Pennsylvania to record the Court's Order amongst its records; and, E) Entering any other relief this Court deems just and proper to effectuate the requests in this Complaint. COUNT TWO QUIET TILE UNDER PA R.C.P. 1061(b~31 27. Plaintiff incorporates by reference the foregoing paragraphs of this Complaint as if they were fully set forth herein at length. 28. Plaintiff, BOA brings this action pursuant to Pa. R.C.P. 1061(b)(3) to compel Defendants to admit the invalidity of the Satisfaction Piece. 29. Plaintiff, BOA brings this action pursuant to Pa. R.C.P. 1061(b)(3) to compel Defendants to admit that the Mortgage is a valid, first and prior lien on the Property. 30. Plaintiff, BOA brings this action pursuant to Pa. R.C.P. 1061(b)(3) to compel the Recorder of Deeds of Cumberland County, Pennsylvania to cancel the Satisfaction Piece dated November 1, 2011 and recorded November 3, 2011 in Cumberland County, Pennsylvania Recorder's Office under Instrument Number 201130538 erroneously identified the Mortgage as paid and satisfied; 31. Plaintiff, BOA brings this action pursuant to Pa. R.C.P. 1061(b)(3) to re-record a copy of the Mortgage as an original and relating back to its original recording date of May 24, l 999. WHEREFORE, Plaintiff requests that this Court enter a decree, upon presentment of an order stating the same: A) Declaring that the Satisfaction Piece dated November 1, 2011 and recorded November 3, 2011 in Cumberland County, Pennsylvania Recorder's Office under Instrument Number 201130538 is null and void. B) Declaring that the Mortgage dated May 21, 1999 and recorded May 24, 1999, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Book 1543 at Page 1129 is reinstated to its original priority as of its original recording date, May 24, 1999. C) Instructing the Recorder of Deeds of Cumberland County, Pennsylvania to remove or cancel of record the Satisfaction Piece dated November 1, 2011 and recorded November 3, 2011 in the Cumberland County, Pennsylvania Recorder's Office under Instrument Number 201130538 and reinstate the Mortgage dated May 21, 1999, in the Cumberland County, Pennsylvania Recorder's Office in Book 1543 at Page 1129 as of the date of it was first recorded, May 24, 1999; D) Declaring that the Mortgage recorded May 24, 1999 in the Cumberland County, Pennsylvania Recorder's Office in Book 1543 at Page 1129 has priority over all other mortgages on the Property as of the date of its original recording, May 24, l 999; E} Instructing the Record of Deeds of Cumberland County, Pennsylvania to record the Court's Order amongst its records; and, E} Entering any other relief this Court deems just and proper to effectuate the requests in this Complaint. Respectfully Submitted, LAW OFFICE OF TINA NIELSEN AMODEO, L.L.C. as o un PULEO DELISLE, PPLC f Date: February 13, 2013 Tina Nielsen Amodeo sq. Attorney for Plainti LAW OFFICE OF TINA NIELSEN AMODEO, L.L.C. as of counsel for PULED DELISLE, PLLC By: Tina Nielsen Amodeo, Esq. (ID No. 79567) Two Bala Plaza, Ste. 300 Bala Cynwyd PA 19004 ph 610-660-6692/fax 888-881-6584 BANK OF AMERICA, N.A., SUCCESSOR: BY MERGER TO BAC HOME LOANS SERVICING, LP 100 North Tryon St. Charlotte NC 28255 Plaintiff, v. CARROL E. HERMAN 4240 Adler Rd. Bethlehem PA 18020 And SAMANTHA K. BRUGGER 1408 Concord Rd. Mechanicsburg PA 17050 And MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BANK OF AMERICA, N.A 1818 Library St. Suite 300 Reston VA 20190 COURT OF COMMON PLEAS CUMBERLAND COUNTY TRIAL DIVISION -CIVIL FEBRUARY TERM, 2013 DOCKET NO.: CIVIL ACTION AFFIDAVIT OF PLAINTIFF Defendants AFFIDAVIT OF PLAINTIFF STATE OF 1 V t~rTV1 ~,Q,I~~ 1 ~ COUNTY OF ~~ i ~ ~~ I, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, (Plaintiff), being duly sworn according to law, depose and say that the facts stated herein are true and correct. BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, ~P ~ ~ Sworn to and subscribed before me this ~~~ day of -e.b-~va , 2013 Not ry Public LAURA CITTY Notary Public Guilford Co., NoRh Carolina ivty Commission Expires Sept. 25, 2017 My Commission Expires: q~2 ~~vv~~- VERIFICATION Plaintiff, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, hereby verifies that the statements set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief; I understand that these statements are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ~O Signature of Plaintiff Dated: /~ /oZ ~p~3 EXHIBIT A 701-Cf-Wnrtnnt7 D,ad-SAmt Four.-Aet 1909-Dpu61s Shw! H,nrt Hnl 1, Ina, [ndinay Pn, i~~~ o J ~ btADE THE / &~ ~! I f ~' of oxr Lord one thousaxd xine hxxdred seventyafive (1975} in the year ? BETWEEN JACK E. BERTOLETTE and EDNA M. BERTOLETTE, his wife, of Lower Allen Township, Cumberland County, Pennsylvania, trs rs-y, s. ~ nom' iu -~ -. +y G e,~ Wt:.:s Grantors , O t, ~ ~ - p G) ~ ax(d LAWRENCE R. HERMAN and CARROL £. HERMAN, his wife, OG,C } J ° W ``r^ x•M of Camp Hill, Cumberland County, Pennsylvania, W.~~, ~ .j 00-,W { OW_, O.L ,,, ~\'~. [K '"~ J , ! WITNESSETH, that iri considerattiox o Grantees f Thirty Nine Thousand Three Hundzed end No/100 in hand paid, the receipt whereof is hereby ackxowled,ed, ~he said grantor s do ~. )tere6~e~rs, and convey to the said grantee s, their heirs and assigns------ ~~~__ ~ Oran! ALL THAT CERTAIN lot of ground situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Eastern line of Concord Road (50 feet wide), which said point is in the division line between Lots Nos. 236 and 237 on the herein- I after mentioned Plun of Lots; thence extending along the division line between Lots Nos. 236 and 237 on said Plan, North 86 degrees 07 minutes 30 seconds East ~ 125.0 feet to a point in the Western line of Lot No. 224 on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots Nos. 224 and 236 and Lots Nos. 225 and 236 on said Plan, South 03 degrees 52 minutes 30 seconds East 100.0 feet to a point at corner of Lot No. 235 on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots Nos. 235 and 236 ott said Plan, South 96 degrees 07 minutes 30 seconds West 125.0 feet to n point in the Eastern line of Concord Road, aforementioned; ! thence along the Eastern line of Concord Road, North 03 degrees 52 minutes 30 seconds West 100.0 feet to a point aC the comer o£ Lot No. 237 on the hereinafter ! mentioned Plan of Lots,-at the point and place of BEGINNING. ~ ! BEING Lot No. 236 on Plan No. 4 of BUNKER HILLS, which said Plan is recorded in [ the Cumberland County Recorder's Office in Plan Book 24, Page 134. ! HAVING TEiEREON ERECTED a brick and .aluminum ranch with an attached one car garage, ~ known and numbered as 910 Concord Road, Mechanicsbur g, Pennsylvania, BEING the same premises which Paul T. Shearer, Forrest S, Brenneman, Jack E. Bertolette and Gleason C. Cramer, Co-partners, t/d/b/a BUNKER HILLS, by deed ,I intDeedeB ok 254Y,1Page 217,egrantediandhconveyedluntoCthetGrantorsehereanfice i ! UNDER AND SUBJECT, NEVERTHELESS, to restrictions and conditions of zior reco E/} pertaining to s/a'id premises. Qp P rd ~ f~wn.l:io o! 1.~~-.~.f~:: ... ! iLt,.-,r ~'.n__. ~~M U~ - i I `,'- . Cumb. Co., Pa. ~=aool Disi, Gump. Co., Pa, ' I 4~ ..eni E.rar„ 1,,,,,,f.. Tex i ~ Reo E,rar. Tr., ~,,o. Te: i ' j/ `° COMMONWEAUH OF pENNiYLVAN1q =_ i ~. 7:.7.'-,75. Amf,/f ~F' ~~ o.,//r~ 7-7 :7i A~ie. ~..9(~'.S~ ° DEPARTMENT OF REVENUE I ^.~e.e•/'.~ G~~~r~c. ~ -.i!:,.c _Cta>' o DEAtiY y `'- b c-o. Oh! ~S _ /~ C.mb. Co. D sr Col. coq /~S _ T~?ANSEER JJL•T'T5 ~ 3 9 3. ~ Q iAX ' o P-8,11762 Ec~D ~~ ;',:~~ X45 ~ And the said prantora hereby covenant and agree that they will ivarmnt CE~RpLT,y the property hereby conveyed. j IN WITNESS jVHEHEOF, s¢id grantors ha veltereunto set their hands and seal a • the day and year first above written. i ~ ~/ i _' ~~%Y/-/7(~'((9~\ ' Mie,u3, $~«i~a ,ma pt4brreD ..._._ :_.f_..__'~4l,r.~:!~,[---;,_...... REAL in laic ~lrnrnrs uf, j---t4 E. E O~E ..__.._.... .. s L -. ..e$i .... y Aa ~ i State of Pennsylvania ~ 1 - - - County of G?/'ri6 r'rc ~n"' . )l( ss. On this, the ~8 !~ day o1 ~~«`" , 1975 , 6eJore me, the undersigned o~eer, personally appeared JACK E. HERTOLETTE and EpNA M. BERTOLETTE, his wife, known to me (or satisfactorily proven) to be the person a whose name a .are subscribed to the within %?LStrument, and acknowledged that they executed same Jor the purposes therein ~' ~~inc' : -, >' , • ~ • •IN.' iYT~'j~lE5S WH'EItEOF, I hereunt set hand and ojjicia! sea! dONS]ANCG E;•PICRDNf^Cig1ARY PUBLIC - ~' NAI;PDfN iWP., CuA7Dt~l'AFiD CQUNIY ~~~~t4,,,, ~• MY~Ceh1M1$SIpN E%P~RES'JIJIY 26.1977 ~.~' ...........................'-..-.--- ~~•'-~•~~, M'A LA LA .'_,kem'per.PernsyNaniaA.fsaCianoaoiHotaiies ~ • • - • 'r - ~ 7 - Public _ _ o,. My . Coc~ise~o>~ Expires i 1 ,~~ i9 7~ ----- ---- --° a:T......... _...._Titto o ............. . A ' ~.. .. , ~ ~/ o l O,~cer. ,' .. 4'.nFr.`1tatC ~YIJ:, 88. County OJ• On this, the day of ~ , 18 , be/ore ms, the undersigned ob~cer, persoawliy appeared i knourn to me (or satisfactorily proven) to be the person whose name subscribed to the ' within instrument, and acknowledged that exearted same for the purposes therein contained. IN WITNESS WHEREOF, I here:rnto set my hand and offccial seal, ..................._.._.......-........ ..-. BSAL Title of O~cer. ~ -' do hereby certify that the precise residence a compiet post opico address I of the +uithin named grantee is ~~~/~ ~ ~/ ~ - ; Attorney for ...........~ B(:i,~(~tib PdCE ~~~ EXHIBIT B /035 ~ Try -cal Prepared by and Return to: 1st Advantage Settlement Services Inc. 6375 Mercury Drive Suite 102 Mechanicsburg, PA 17050 717-591-7755 File No. 11032 Parcel ID # 10-16-1064-085 ~~ji~ ~Snbenture, made the Ot G~ day of ~~~~~-G~ >111`~ ~t'tbJPeil TRAVIS BANNING, SII4 LF. y"7I?iL~~t~AL AND SAMANTHA K. BRIJGGER, SINGLE IYDI(VIDUAI i~~~~n (hereinafter called the Grantor}, of the one part, and SAMANTHA K, BRIiGGER, 5ING:.E INI)1[VIDUAL (hereinafter called the Grantee), of the other part, ~l~tTe~~el•~, that the said Grantor for and in consideration of the sum of One Dollars 00/100 ($1,00} lawful money of the United States of America, untc, him well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt. whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by these presents does grant, bargain and sell, release and confirm unto the said Grantee, as sole owner ALL, "THAT CERTAIN lot of ground situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follcws, to wit: BEGINNING at a point In the Eastern line of Con<;ord Road (50 feet wide), which said point is in the division line between Lots Nos. 236 and 237 on thP hereinafter mentioned Plan of Lots; thence extending along the di. ision line between Lots Nos. 236 and 237 on said Plan, North 86 degrees 07 minutes 30 seconds East 125.0 feet to a point in the Western line of l.ot No. 224 on the hereinafter mentioned Plan of Lots; thence extending along the division Line between Lots Nos. 224 and 236 and Lots Nos. 225 and 236 on said Plan, South 03 degrees 52 minutes 30 seconds East 100.0 feet to a point at corner of Lot No, 235 on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots Nos. 233 and '?36 on said Plan, South 86 degrees 0? minutes 30 seconds West 125.0 feet to a point in the Eastern line of Concord Road, aforementioned; tt-ence along the Eastern line of Concord Road, North 03 degrees 52 minutes 30 seconds West 100.0 feet to a point at the comer of Lot No 237 on the hereinafter mentioned Plan of Lots, at the point and place of BEGINNING. BEIi~'G Lot No. 236 on Plan No. 4 of BI~NKER HILLS, which said Plan is recorded In the Cumberland County R.ecordet's Office in Plan Book 24, Page i 34. • • RANTING THEREON ERECTED a brick and aluminum ranch with an attached one car garage, formerly known and numbered as 918 Concord Road, now known as 1408 Concord Road, Mechanicsburg, Pennsylvania. BEING the same premises which Carrot E. Herman, Widow, by Deed dated February 4, 2008, and recorded September 19, 2008, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 200831878, granted and conveyed unto Travis Banning and Samantha Bragger, grantors herein. ?ICoget~jer knitfj all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof:,. and all the estate, right, title, interest, property, claim and d;,mand whatsoever of him, the said granter, as wei at !aw as inequity, of, in and to the same. ~0 ~jabe arib tD fjtilb the said lot or piece of ground described above, with the buildings and improvements thereon erected, hereditaments and premises Hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, her heirs and assigns, to and for the only proper use and behoof of the said Grantee, her heirs and assigns, forever. drib the said Grantor, for herself and her heirs, e~cec!itors and administrators, does, by these presents, covenant, grant and agree, to and with the said Grantee, her heirs and assigns, that he, the said Grantor, and her heirs, all and singular the hereditaments ar-d premises herein described and granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, her heirs and assigns, against him, the said Grantor, and her heirs, will warrant and defend against the lawful claims of all persons claiming by, through or under the said Grantor but not otherwise. ~ri ~ttrie~kl ~FjereDf, the parry of the first part has hereunto set her hand and seal. Dated the day and year first above written. ~eaCeb arib ~elibereb IN TI-IE PRESENCE OF US: {SEAL} {SEAL} Commonwealth of Pennsylvania County of Cumberland ~ ss On this, the ~ day of rv 'r~ __ , Z~A ,before me, the undersigned Notary Public, personally appeared Travis Banning , ~:nown to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. fN WITNESS WHEREOF, I hereunto set my hand and off ial :eal. COMMONWEALTH OF PENNSYL ANIA Notarial5eal Notary ublic Kristen D. Skive, NotaryPublfc My commission expires Hampden Twp; Cumberland Cqunt>r f' Commonwealth of Pennsylvania ~ Counri~ of Cumberland (sy r)n this, the ~_ day of __~~J~_%~.-_. °fi, before me, the undersigned Notary Public, personally appeared 'iamPntha K 13r~rt!ger .known to me (or satisfactorily proven} to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set m~~ liar~d and officia al COMMONWEALTH OF PENNSYL ANIA ~~ Notarial Seal Kristen D. Shove, Notary Public Notary Pub C Hampden Twp, Cumberland county 114y commission expires M Commission Ex Tres June 6 2013 The precise residence and the complete post office address of the above-named Grantee is: 1408 Concord Road Mechanicsburg, PA 17050 __ ~^ On behal of rantee ~eeb Parcel ID # 1(?-16-1 Q64-~85 Travis Banning and Samantha K. Bragger TO Samantha K. Bragger • 1st Advantage Settlement Services Inc. 6375 Mercury Drive Suite 102 Mechanicsburg, PA 17050 Telephone:I17-591-7755 Fax: 717-591-775b REV-i83 EX %'7-c8j F?) ~ REA~.~ t~ ~ ~~~~~~ ~~v i _ _RECORDER'S U_SE ONLY ____ ~ '~` pennsytvania R I ,. !1A stage Tax void ~ZD• Ob DER4~.TMEHr OF R'cVfNUE STATE~+IENT OF VALUE Book Number ..... Bureau of Indtvlduat Taxes Page NumberZO f~f ~~s O Po BOX 28o6a3 l Harrisburg PA 171za-0603 See Reverse i~or Instr+aCtions Date Recorded 4' ~ ~/ - - _ _ _ _ Complete each section and file in duplicate with Recorder of Deeds when {3) the full value/consideration is not set forth in the deed, (2) the deed is without consideration or by gift, or {3) a tax exemption i5 •~laimen, ~ Staterr,~a of Value is not required if the transfer is wholly exempt from tax based on family relationship or public utiEity easement. 'f more spzce is needed, attach additional sheets. A. CORRESPONDENT -Alt inquiries m_ ay be directed to the faillowincLperson: Name Telephone Number: 1st Advantage Settlement Services, Inc. _ (717) 591-7755 Street Address City ?State ZLP Code 6375 Mercury Drive _ __~Mechanicsburg ~ _ PA 17050 B. TRANSFER DATA __ Date of Acceptance of Document Grantor(s)/Lessor{s) I Grantee(s)/Lessee(s) Travis Banning and Samantha K. Brugger _ Samantha K. Brugger_ Street Address .Street Address 1408 Co_n_corr! Road 11>~C4 Ccncord Road _ - -- City TState ; ZIP Z:+ _ ~ ~y --- - - - -TState 1 ZIP Code i Mechanicsburr~_ l PA___ ~_1'705C ___ y Pftachani^sbu~ - _ ~ PAS 17C50 ___ C. REAL ESTATE ILOCATIAR ~ ----~- ---___ _ _ .~ Street Address ' C ty, rownsh~p, Bo-augh _140$ Cpncpr~ Poad ___ ___ __ ~_ N~m~dEn_Tewnsh_.ip _ _ Coun^/ Sc~r~ol ~(s~r:-t Tax r'arcel Number Cumberland __ C mberla~~~~ V_a_lir-.I_ __i 10-16-1054-085 ____ D. _VALtJATION DATA __ _ _ __ ______ _______ _ 1. Actual Cash Cons~derat!on 2, Other Consideration 3. Total Consideration 1.00 ~- 0.00 = 1.00 4. County Assessed Value 5. Common Level F.atiC Factor b. l=air Market Value _164,000.00 X 1 = ~9fr,99A'91:r' ~(py 0.00 E. i:XEMPTION DATA ~ ~-- --------~ '_ 1a. Amount of Exemption Claimed lb. Percentage of Grzmo s interest to !teal Estate ic. Percentage of Grantor's Interest Conveyed Se 7. I 1 ao°i° loo°i° 2.Check Appropriate Box Below for Exemption Claimed ^ Will or intestate succession. _ --------- -_--_ ___----~Plame of Dec^dent) - _ - --- (Estate File Number) - ^ Transfer to Industrial Development Agency. ^ Transfer to a trust. (Attach complete copy of trust agreement identifying ail beneficiaries.) ^ Transfer between principal and agent/straw party. {Attach complete copy of agency/straw party agreement.) ^ Transfers to the Commonwealth, the United States and ]nstrumentalities by gift, dedication, condemnation or in lieu of condemnation, {If condemnation or in lieu of condemnation, attach copy of resolution.) ^ Transfer from mortgagor to a holder of a mortgage in default. (Attach copy of Mortgage and note/Assignment.) ^ Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confrrmed.) ^ Statutory corporate consolidation, merger or division. {Attach copy of articles.) ® Other (Please explain exemption claimed, if other than listed above.) We are removing Travis Banning from title. Subject to 1 % transfer tax. Under penalties of law, I declare that I have examined this statement, including accompanying information, and to the best of my knowledge a d belief, it is true, correct and complete. Signature 0f C.ewrespon~ent or,Ra<sp sible~Party !Date ~ FAILUR.E~ MPLETE TH~S"FORM PROPERLY OR AlTfrl.i:H REQUESTED DOCUMENTATION MAY RESULT IN THE RECORD 'S REFUSAL TO RECORD THE DEED. _. _.. ROBERT P. ZIEGLEIt i j RECORDER OF DEEDS ~ CUMBERLANll COUNTY 1 COURTHOUSE SQUARE ~ CARLISLE, PA 17013 L __ 717-240-b370_ __ [nstrnment Number - 201110359 Recorded On 4/5/2011 At 3:09:48 PM * Instrument Type -DEED Invoice Number - 84907 User ID - RZ * Grantor -BANNING, TRAVIS * Grantee - BRC~GGER, SAM ANTHA K * Custorncr - 1ST ADV;1N',I'AG!'. SI:-TTI.EME`;T * FEES STATE '?'RAVSFER TAK SS20.OG STATE W?IT TAX $7.50 STATE JCS/ACCESS TO :23.50 JUSTICE. RECORDIddG FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION 510.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY $410.00 SCHOOL DISTRICT ?iAMPDEN TOWNSHIP $410.00 TOTAL PAID $1,703.00 *'I'otal Pages - 6 Certification Page l3® Nt~T ~3~TACH This page is now part of this legal document. I Certify this to be recorded. in Cumberland County PA ~ cF cuy ,o <' 0 9jx `~ ~ ° RECORDER O D DS 1\~` ~i~~ Information denoted by an aeLerisk may change during the verification process and may not be reflected on this page. YIIIIIIIIIIViNRII EXHIBIT C '/ ~Q.n~ • ~. .~ FC3EF,T ,'. ~.~EGLER ' REC4F,DCi CF DEEDS CUMFERLAr~D COUNTY-PA '99 i~~Y 2~i Phi 2 55 wHEN RECORDED MAIL TO; MSN SV-79 /DOCUMENT CONTROL DEPT p,Q, BOX 10266 VAN NUYS, CALIFO,~iNIA 91410-0266 LOAN ~: $8X240 EscROw~cLOSING #:HERMAN SPACE ABOVE FOR RECORDERS USE PARCEL ID #: Prepared by: L. SAlCALA MORTGAGE THIS EAR HERMANecu AND CARROL E ~ HERMAN HUSBANDSAND WIFE ~ The mortgagor is LAWRENC ('Borrower"). This Security Instrument is given to AMERICA'S WHOLESALE LENDER ,and whose address is which is organized and e~:isting under the Laws of NEW YORK 4500 PARK GRANADA, CALABASAS, CA 913021613 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED and 00/100 Dollars (LT.S. $ 123.504.00 ). 'This debt is evidenced by Borrower's note dated the same date as this Se~unity Instrument ("Note"), which provides for monthly payments, with the full debt. if not paid earlier, due and payable on June 1, 2029 .This Secuziry Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, 'with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrow~tsanc d connv~e and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, gr Y Q Located in CUMBERLAND County, Pennsylvania: to Lender the followinb described property SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A FART HEREOF. PENNSYLVANIA - Single Famiiy - Fannie MaelFreddie Mac UNIFORM INSTRUMENT ~ „-,-6H(PA) (9410.07 Clit_ (l0/97~ VMP MORTGAGEFORMS -(800?`'fit-7291 *2~9~ ~* ac~~ 1543 pacEii29 Farm 30~~~~t,~9Q Page 1 d 6 Initials: ~/ ~l~ *00887124000000KT2A0* • LOAN #: 8871240 which has the address of 1.408 CONCORD ROAD , MECf-fANICSBflRG , [Street, Ciry] Pennsylvania 17055-1956 ("Property Address"); [Zip Code] TOGETHER WITH ail the improvemerns now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by tins Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and wilt defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Noie. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments aze due under the Note, until the Note is paid in. full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly Leasehold payments or ground rents on the Property, if any; {c) yearly hazazd or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items. " Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal heal Estate Settlement Procedures Act of 1974 as amended from time to time, l2 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institurion whose deposits aze insured by a federal agency, instrumentality, or entity ('including Lender, if Lender is such an institution) or in any Federal Home Loan. Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not ebazge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a chazge. However, Lender may require Borrower to pay none-time charge for an independent real estate tax reporting service used by Lender in connection wish this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requixes interest to be paid, Lender shalt not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as addiiionai security for all sums secured by this Security Instrument. If the Funds held by Leader exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If; under paragraph 2l, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds field by Lender at the time of acquisition or sale as a credit against the cams secured by ties Security Instrnment. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. Q. Charges; Liens. Borrower shall pay all taxes, assessments, chazges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in fhe manner provided in paragraph 2, or if not paid in that manner, $orrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender zeceipts evidencing the payments. Form 30 ~ ,.s6H(FA) (saio).ot CHL (?0l9~ Page 2 of s ~itial BOf3K X543 PAGE,~,~.30 ~~ LOAN #: 8871240 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b} contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; oz (c) secures from the haIder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a Iien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the Iien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender ~ requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain covera a fo rotect Lender's ri is in the Pro er g P t~ p ty in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shatI promptly give to Leander aIl receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the ~~- Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. if the restoration or ~~ repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then ;,~ Lender may collect the insurance proceeds. Lender may use the proceeds to repair ax restore the Property or to pay sums secured by this Security Instrument, whether ar not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrowez otherwise agree is writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 3 or change the amount of the payments. If under paragraph 21 the i'roperty is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the ~e. Property prior to the acquisition shall pass to Lender io the extent of the sums secured by this Security Instrument immediately prior to the acquisition. b. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. ~ Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sorry days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or itnpair the Property, ,' allow the Property to deteriorate, or commit waste on the Property. Borrower shall 6e in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security htstrument or Lender's security interest. Borrower may cure such a eh default and reinstate, as provided in paragraph i8, by caueing the action or proceeding to be dismissed with a ruling that, in a Lender's good faith determination, prechtdes forfeiture of the Borrower's interest in the Pro or other material ' ~~ the lien created b this Securi Instrument or Lender s securi ~~ mipairment of ~, Y ty ty interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with ~ any material information) in connection with the loan evidenced by the Nota, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower ~: shall comply with all the provisions of the Iease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property, If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a Legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in banImiptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering an the Property to make repairs. Although. Lender may lake action under this paragraph 7, Lender does rat have to do so. A ,..JtiH(PA) tgato~.ol CHL il}!97 Form 3 /9 { ) Page 3 of 6 initlals~G7~~ .~'- (~~~ BUUN j..S~~ PAG£~.~c3~. • LOAN #: 8871240 Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. ff substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth. of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires} provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends to accordance with any written agreement between Borrower and Lender or applicable taw. 9. Inspection. Lander or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or fo* conveyance in lieu of condemnation, aze hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sutras secured by this Security Instnuent, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Progeny immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total. amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In. the event of a partial taking of the Property in which the fair market valve of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instntment whether or not the sums are then due. li the Property is abandoned by Borrower, ar if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs l and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a ~'Vaiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to azty successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time far payment or otherwise modify amortization of the sums secured by thts Secunty Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shaIl not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who cosigns this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree w extend, modify, forbear or. make any accommodations with regazd to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges coIlected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b} any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose io make this refund by reducing the principal owed under the Note or by xuaking a direct payment to Harrower. If a refund reduces principal, the reduction zvili be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by nottce to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Form 3039 9J9 ~ ,.~6H(PA) t~?io3•n1 CNL(i0J97) Paga4oE6 IniliatS ~~ eoox 153 ~ac~1~.32 s~s.~ -- -- --- _ _ _ - .--_ - _ _ _ _ _ _ ' • • LOAN #: 8871240 1S. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instntment or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are decIazed to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If aII or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of aII sums secured by this Security Instnament. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instnunent. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Harrower. C 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinZted at any time prior to the earlier of: (a) 5 days {or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Iristrunent. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Nate as if no acceleration had occurred; (b) cures any E default of any other covenants ar agreements; {c} pays all expenses incurred in enforcing this Security Instrument, including, but not Iinuted to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this f Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security f Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligafions secured ~ hereby shall remain fully effective as if no acceleration bail oa^urzed. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 1.9. Sale of Note; Change of Loan Servicer. The Nate or a partial interest in the Note {together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (lmown as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one ar ~ more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be ~ given written notice of the change in accordance with paragraph 14 above and applicable Iaw. The notice will state the name and address of the new Loan Servicer and the address to whicl: payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any I Hazardous Substances on or in the Property.. Borrower shall not do, nor allow anyone else to do, anything affecting the Property i that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any ~ governmental or regulatory agency or private party involving the Property and any Hazazdous Substance or Environmental Law of which Borrower has actual Imowledge. If Borrower Iea-as, or is notified by any govemmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all ', necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" aze those substances defined as toxic or hazardous substances by Emironmental Law and the foUow-h~ substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal Iaws and laws of the jurisdiction where the Property is located that relate ~ to health, safety or environmental protection. ~~ NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-e~stence of a default or any other defense of Harrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at its option, may require immediate payment ict frill of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to caUect all expenses incurred is pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of'title evidence to the extent permitted by applicable law. Form 9 0 ^' ,vGH(PA) (s~to}.ot GHt. ('10/97 Pdgn s of s ~n~tial `, l~ sao~1543~ac~1133 LQAN #: 8871240 22. Release, Upon payment of alt sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument to Borrower. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future Iaws providing for stay of execution, extension of time, exemption from attachment, Ievy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph I8 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If nay of the debt secured by this Security Instrument is Ient to Borrower to acquire tide to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or is an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instniment. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the riders} were a part of this Security Instrument. [Check applicable box(es)] ^ Adjustable Rate Rider(s) ^ Condominium Rider ^ l-4 Family Rider ^ Graduated P~v~nent Rider [~ Planned Unit Development Rider ^ Biweekly Payment Rider ^ Balloon hider ^ Rate Improvement Rider ^ Second Hoene Rider VA Rider ^ Other(s) jspecify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Securiry instrt~ent a-nd >aY any rider{sl executed by Borrower and recorded with it. Witnesses: C"1 ~_~. Fe~~ .~-- {,Seal) RENCE R. H -Borrower ~t~~ l0~ ~`~: 'L~»![,~._ (Seal) CARROL E. HERMAN -Borrower _ (Seal} (Seal) -Borrower -Borrower Certifica~ of Residence I, ~'SS ! ~ jl/ - l~6 ~/ ~ea' , do hereby certify that tie correct address of the within-named Mortgagee is ~,5~ O p~l~ l~ Gy.i~!-7/Yff ~~+/~ ~ G~i4~~ /J' ~ S.L?-S, Cl~ ~ ~~.3~i~_ /~ i.3 Witness my hand this ~I~S"~ day of ~ , Agent of Mortgagee COMMOIVWEALTIi OF PENNSYLVAATIA, County ss: C~ G~ C ~ nsf On this, the ~ /~ day of ` " / 19~ 9 ,before me, the undersigned officer, personally appeared ~Q ~.tJ` L.t ,L ~'A. /~ . ~/ ~ ~rrz Q •v ~ L~~h. cam. F. /~~~r~ Q .~. known to me {or satisfactorily proven) to be the person whose name Q''-~ snbscnbed to the within instrument and acknowledged that ~~. executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seals-1 ~ °~^ ,/~ IyII+: Com~i~is~~sxon EXpire~ ~" = Notada! Seal - ~ -: .~~r;:;;.;t,;. ' . _...,o w~l5sia N. Royer, Notary t~.~l°..^. t~ ::.~,.t.~~~ ~ L. _t~t;, y: ~' ;.~.~,,,?~ : ~ Ghost irmpeter Twp.. t.an~'~Cota~~ . ~~ .: ,.;,ss%i. ,.,„- AAA Crt~1r11ssion Expires.:Uy29.1998 =~-~;r6F1tPA)a_ls'~j:0i~=: CHL( 1 -~.,r :i'-_=~::t.: ~••- ~- ,~: '~;rT!l• ;~R81~t10T,'~~'IP.Sy!Vat~lia ,A3S~"3~JCE -_ -:nsfi ~ .r ~ ~. ~ti~ : r~r.'Y1o13-i Nlt'..~. e of Officer Form 3039 9190 aooki~43 pacE1134 "~n~~,m~«~r` GOI~iMENT FOR TITLE fN~RANCE SCHEDULE A CONTINUt;D Commitment No. PACL70290512 Legal Description ALL THAT CERTAIN lot ground situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Eastern line of Concord Road (50 feet wide), which said point is in the division line between Lots Nos. 236 and 237 on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots Nos. 236 and 237 on said Plan North 86 degrees 07 m.nutes 30 seconds East 125.0 feet to a point in the western line of Lot No- 224 on the hereafter mentioned Plan of Lots; thence extending along the division line between Lots Nos. 224 and 236 and Lots Nos. 225 aalc~. 236 on said Plan, South 03 degrees 52 mir_tites 30 seconds East 100.0 feet to a point st corner of Lot No. 235 on the herei.naftwer mentioned Plan of Lots; thence extending along the division line between Lots Nos. 235 and 236 on said Plan, South 86 degree 07 minutes 30 seconds West 125.0 feet. to a point in the Eastern line of Concord Road, aformentioned; thence along tine E<a.stern tine of Concord Road, North 03 degrees 52 minutes 30 seconds West 100.0 feet to v point ac the corner of Lot NO. 237 on the hereafter mentioned Plan of Lots, at the point and place of BEGINNING. BEING Lot No. 236 on Plan No. 4 of BITNKER HILLS, cvhich said Plan is recorded in the Cumberland County Recorder`s OFfice 4.=., Plan Book 24, page 134. HAVING THEREON ERECTED a brick and aluminum ranch with an attached one car garage known and numbered as 910 Concord Road, Mechanicsburg, Pennsylvania. State of Rennsylvania County of Cumberland 86 Recor ed i the office for the recording of Leeds ect. 'r rd f erland County, i n _ o _ V peg ~r:itne 1' her. ..~I of otfrc C~C Carlis;s, PA ihi day of b Erg 19_ ~ BOali~Jr~4 PAGE~.i3J~ Thie commitment is invalid unless the insLring ~~rovisions and Schedules A and B are attached Chicago Tit:te 2nsurance Company EXHIBIT D a ~ ~~~ ~ ~,. ASSIGNMENT OF MORTGAGE OO2FEC KNOW ALL MEN BY THESE PRF_,SFNTS that CCOUNTRYWIDE HOME LOANS, INC., DB/A AMERICA'S ~'IiOL>~ SALE LENn1:R^ hereinafter 0lssignorC the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, "Assignee," the receipt whe.caf i:; acknowledged, has granted, bazgained, sold, assigned, transferred and set over unto the said Assignee, its successors and assigns, ALL..THAT CERTAIN Indenture of Mortgage given and executed by CARROL E. HERMAN and LAWRENCE R. HERMAN to AMERICA'S WHOLESALE LENDER ,bearing the date 05/21/1999, in the arrornt of $123,SU0.00, said Mortgage being recorded on '05/24/1999 in the County of CUMBERLAND, Commonwealth of Pennsylvania, in Mortgage Book 1543 Page 1129. Being Known as Premises: 1408 CONCORD ROAD, MECHANICSBURG, PA 17050-195b Parcel No: 10-16-1064-045 The transfer of th,°; mortgage and accornpanying rights was effective at the rime the loan was sold and consideration passed to the Assignor. This assignment is solely intended to describe the instrument sold in a manner sufficient to put Third parties on public. notice cf what has beer. sold. l ogether with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the sam,: TO HAVE, HOLD, RECEIVE ANL fAfi>, al; Fictd singular the hereditaments and premises granted and assigned, or mentioned and intended so to be, wit}: the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and bchoof forever; subject; nevertheless, to the equity of redemption of said Mortgagor in the said Indenture o.`Mortgaee named, :~,::I his,~ce:/thair heirs and assigns therein. I'v ~~-fNI:sS ~ViIfik~;,, h, said "~ssgnurC'•ras caused these presents to be duly executed by its proper officers i`.ic _~,~w_ day of:~.~~}r' •r„h~-~---= 20 li ~"ftUNTRI'WIr.~~ ~5:."sII+; ?_`JANS, L~?i:., I?/B/A AMERICA'S WHOLESALE 1.[NDEk Ry:. ~ _ _ 5eaicd and I)eliverc`'. N e: clenni f r+-~cU- --- i:i the presence o} us; Title: ASST ~t Dire St ~tr5~~. eri~ State of ~?~u5 - Jr, this _~ _ ~-,.~, '?3' ~,~ ~~,(_ 20 i ~, before me, the subscriber, pe-sonaliy appeared ~~t,',4e~ ~prn~lt_i._ why acknowledged hi ersel to be the As~i~^iar,t ~1if ~ ~~ r~fi ~ for i~0ifi'"IR YWIDE NOME iOANS, INC., DB/ CA'S WHOLESALE LENDER and treat hews such NFStSi~a.~ci-~tCt I~fcsidsp~ ,being authorized to do sa, executed the foregoing instrument for the purposes therein contained. IN WITNESS VvI-IEREOF, 1 hereunto se: my hand and official seal. .'!~'~,- LASENAHARVILL ~~L~c~~~-~- Ststmp/Seal: •~ =KolaryPubMc,SieieofTesaa NotaryPubIic ~~''~~°'~```' 05/2'5/2015 'fhc precise address of the, withir, named A er recording return to: A sigjree is: Phelan Hallinan & Schmieg, LLP 7105 CORPORATE DRII'~' 1617 JFK Boulevard, Suite 1400 PIANO, TX 75i1e4 One Penn Center Plaza Document Execution By: ~~d_~r~q~; _ Philadelphia, PA 19103 PHS # 248388 ~ (For Assignee} _Y ~~ -. ~_ ~., _ , - _ .mot ,. _ ,: ,. - -~ .~ _ ~~~_ +~ ae ~ ~ .sue ~ - -: ~ "'~ `' v~ ~~-~ ~ ~~"~` _ ~'- ,rte ,>~ - - ~_` ALL THAT CERTAIN lot of ground situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Eastern line of Concord Road (50 feet wide), which said point is in the division line between Lots Nos, z"s6 and 237 on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots Nos. 236 and 237 on said Plan, North 86 degrees 07 minutes 30 seconds East 125.0 feet to a point in the Western line of Lot No. 224 on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots Nos. 229 and 236 and Lots Nos.. 225 and 236 on said Plan, South 03 degrees 52 minutes 30 seconds East 100.0 feet to a p~~int at corner of Lot No. 235 on the hereinafter mentioned Plan of Lcts; thence extending along the division line between Lots Nos. 233 and 236 on said Plan, South 86 degree s 07 minutes 30 seconds West 125.0 feet to « point in the L='astern line of Concord Road, aforementio~ied; thence along the Eastern line of Concord Road, North 03 degrees 52 minut:e~ 3C• s~:coi.ds west 100.0 feet. t-_~ a point at the corner of Lot. No 23'i o:, the he.reirafter. mentioned Plan cf Lots, at the point. ar_d p?.acF :>?' BEG;TNNT_NG r.EING Lot Nc. 23G on Plar. No. 4 of B'JNK:S., filL,:r.;~, wh:.ch .aid Flan i_s recorded in the Cumberland County Rece.rder's Clfice irz Plan. Book 2,4, Page 134. HAtJIIIG TFlEREON ERECTED a brick. and alumi:it:r:~ _~.nc.i. with ar: a.ttacf~.e~i -._._ car garage, known and numbered as 91.8 Cor.^o~:~ Road, `!echt.nics»urg, ~rns•. lvania . BEING Parcel No. 10-16-1064-085 BEING THE SAME premises which Jack E Bertolet;i.e ar:d c,dna M. Bertolette by Deed dated June 18, 1975 and recorded ?~:ly '7, 195 in 5ook 26D, Page 395 in and for Cumberland County gra,i!:e<i and conveyed unto Lav.~rence R. Herman and Carrol E. Herman, his wife ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201128571 Recorded On 10114/2011, At 1:01:19 PM * Instrument Type -ASSIGNMENT OF MORTGAGE Invoice Number - 95002 User ID - ES * 1Vlortgagor -HERMAN; CARROL E * Mortgagee - ~'~:Ai~K OF AMERICANA. * Customer -~ .7~,?1Z TRANSFERS * FEES STATE WRIT TAX $0.50 STATE JCSjACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL, CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland Comity PA y OE CU ~- ~ ° RECORDER O D EDS r~ * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. n!IpiIIIIhIYRI!IIRI9 EXHIBIT E F ~_ .tares- , '~ 3a~.~:~ Y. II NAME OF MORTGAGE Tax LD. PROPERTY ADDRESS NAME OF MORTGAGEE NAME OF Ci3RR$NT ASSIGNEE DATE OF MORTGAGE ORIGINAL MORTGAGE DEBT - -` I 41}11`1 y~~~ UID: d7c433d1-b8fd fb -af8 - ` 1~llt{ I~ -4 4 4 10c3546ac 11l ~~~~~ fdb ~~l~l __ OO2GEE DOCID_00 0 887 124 02005N SAZ'ISFAGTIOl~t PIECE LAWRENCE R HERMAN, CARROL E HERMAN 10-16-1064-085 1408 CONCORD ROAD MECHANICSBiJRG, PA 17055 COUNTRXWIDE HOME LOANS, INC. D/B/A/ AMERICA'S WHOLESALE LENDER N/A 05/21/1999 $123500.00 Mortgage recorded on 05/24/1999 in the Office of the Recorder of deeds of CUMBERLAND County, Pennsylvania, in Mortgage book 1543, Pg. l 129, Doc# N/A .Current Assignment recorded on N/A in the Office of said Recorder of Deeds in Mortgage Book Vol. N/A Page N/A, Doc# N/A. The undersigned hereby certifies that the debt secured by the above-mentioned Mortgage has been fully paid and discharged and that upon Lhe recording hereof said Mortgage shall be and •is hereby fully and forever satisfied and discharged. "We hereby empower the Recorder of Deeds to mark the same of retard" IN WITNESS WHEREOF, Bank of America, N.A, successor by merger tc BAC Home Loans Servicing, LP has caused this instrument to be executed in its corporate name by Michael Tarkington, its Assistant Secretary authorized signer this IO-31-2011. Bank of America, N.A, successor by merger to BAC Home Loans Sc:rv_icuigf, LP BY ~ ~/~7L~ '' Michael Tar gton Assistant Secretazy STATE OF ARIZONA COUNTY OF MARICOPA On ~,\ ~..~ 1 lT l , befa~e me, Talyia Flint, Notary Public, personally appeared Michael Tarkington, Assistant Secretary of Bank of America, N.A, successor by merger to BAC Home Loans Se vicing, LP , whose identity was proven to me on the basis of satisfactory evidence to be the person who or she claims to be and whose name is subscribed to ihewithin instrument and acknowledged to me the she executed the same firer authorized capacity, and that by is er signature on the instrument the person, or entity upon beha which the person acted, executed the utstrument n IN WITNESS WHEREOF, I have hereunto set my hand and affixed Hty notarial s a~j the day and year Last written. LLL~~~ n ,/ /1 /) OFFICIAL SEAL 7ALYIA FLINT NOTARY PUBLIC -State of Arizona MARICOPA COUNTY My Comm. Expires July 6, 2012 ivtail Recorded Satisfaction To: LA WRENCE R HERMAN, CARROL E HERMAN 4240,^,.lder Rd Bethlehem, PA I8020 llocument Prepared By: ReconTrus t Co mpany, N.A. 2575 W. Chandler Blvd. Mail Stop:AZl-804-02-1 l Chandler, A'L 85224 (800)540-2684 ~ ~ ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY ] COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201130538 Recorded On 11/3/2011 At 12:00:56 `PM * Instrument Type -SATISFACTION PIECE Invoice Number - 96150 User ID - JM * Mortgagor - UERMAN, LAWRENCE R * Mortgagee - 33ANK OF AMERICA N A * Customer - RI:CONTRTJS'p COMPANY * FEES STATE 1'nTRT?' TAX $0 , 53 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEZ CERTIFICATION $10.00 FEES . 'COUNTY ARCHIVES- FEE - - _ ___. •$'2 . ;00"`~'" ROD ARCHIVES FEE $3,00 TOTAI, PAID $50,50 * Tota! Pages - 2 Certification Page DO NOT DETAC~3 This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA .t O~ CU1~~ ~ ° RECORDER O rrao * - Xnformation denoted by an Asterisk may change during the verification process and may not be reflected on this page. nIIBIVIWIIII~YIIVI SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED- j �i 11;` Sheriff _ TIC£ f tip I i011 11Q 1 R } �Qt�a�v et�u�ubt���� Jody S Smith ' 1013 MAR 26 AM 9: 34 Chief Deputy Richard W Stewart "` CUMBERLAND COMITY Solicitor OFFICE OF THE$KRIFF PENNSYLVANIA Bank of America, N.A. Successfor by Merger to BAC Home Loans Servicing Case Number vs. Carol Herman(et al.) 2013-749 SHERIFF'S RETURN OF SERVICE 02/25/2013 05:51 PM- Deputy Shawn Harrison, being duly sworn according to law, served requested Complaint to Quiet Title by"personally"handing a true copy to a person representing the Ives to be the Defendant,to wit: Samantha K Brugger at 1408 Concord Road, Ham To n ip, Mechanicsburg, PA 17050. SfiAWN ISON, DEPUTY 02/27/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Carol Herman, but was unable to locate the Defendant in the Sheriff's bailiwick.The Sheriff therefore deputizes the Sheriff of Northampton, Pennsylvania to serve the within Complaint to Quiet Title according to law. 03/07/2013 12:32 PM-Ronny R Anderson, Sheriff,who being duly sworn according to law, states that he served the within Complaint to Quiet Title upon the within named defendant, Mortgage Electronic Registration Systems, Inc. as Nominee for Bank, in the following manner: On March 07, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint to Quiet Title to the defendant's last known address of 1818 Library Street, Suite 300, Reston,VA 20190.The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by an unknown adult in charge for Mortgage Electronic Registration Systems, Inc. as Nominee for Bank on March 4, 2013.The "return receipt card"was unsigned but delivery was confirmed by the USPS.com website and confirmation is attached. 03/08/2013 02:48 PM-The requested Complaint to Quiet Title served by the Sheriff of Northampton County upon Carol Herman, personally, at 4240 Adler Road, Bethlehem, PA 18020. Randall Miller, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $87.23 SO ANSWERS, March 25, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Shenff,Teleosoft in-_ USPS.com® - Track& Confirm Page 1 of 1 I English Customer Service LISPS Mobile -. y Register/Sign In LISP.Sege qrC..♦ j $earth USPS.com or Track Packages i I Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions 1� Track & Confirm GET EMAIL UPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE a TIME LOCATION FEATURES 70070710000322103184 Delivered March 04,2013,12:32 pm RESTON,VA 20190 Certified Mall' - Arrival at Unit March 04,2013,8:51 am RESTON,VA 20190 I Processed through March 02,2013,5:37 am MERRIFIELD,VA 22081 USPS Sort Facility '.. Processed through March 01,2013,8:25 pm DULLES,VA 20101 USPS Sort Facility { Check on Another Item li What's your label(or receipt)number? " j Find Y OIINI!ISPS SITES Business Customer Gateway, Pseeel Inspectors> _ Inspector general> Pasts Explorer) i. A ii(A Bd 1� '1 .+ 11i" II I11t b�eMr. 0 oft Electronic Registration Symbw*1aht. As Moniinte For Bank of America,M.A. IM f#gwy Street Soft 300 11Spn,'VA 20190 I�� C� !=i111N A. Ova ►' 7007 0710 00,03 22W 3164 a P ! I►' .MNU"=4 https://tools.usps.com/go/TrackConfinnAction input?gtc_tLabelsl=7007071000032210318... 3/7/2013 COUNTY''0�-NORTHAMPTON PROTHONOTARY;CIVIL 205 Chris -------------------------------- CHK 23 13 06MAR'13 12:42PM 1 D-7 SHRF FEE MIS 52.00 2013-749 CUMBERLAND COUNTY BANK. OF AMERICA CAROL HERMAN 140688 EQUIJY SETTLEMENT t' NORTHAMPTON 52.00 Total Paid 52.00 Check. 52.00 2 4 i i i I j Date:--'bSectorr: -- Northampton County .� - sherNP: Department ORDER FOR SERVIC. REQUEST 669 Washington St,Easton, PA 18042 610-559-3084 1) ALL information in the"Plaintiff/Attomey"section MUST be filled in .x ' . completely and LEGIBLY before service can be attempted. 2) Prepare a separate"Order For Service Request"form for EACH service to be t•7/7✓ made clearly indicating the specific defendant,garnishee,property to be 99 l� Ct� , T posted/levied/etc.. i4rf13 FG,gT OF 3) Location of service MUST be a valid,PHYSICAL,street address. "P.O."or f N4 "R.D."boxes will NOT be accepted. Provide-include actual municipality if S 0 �pr�H different from"Post Office"mailing city. 4)All copies for service must be certified by Plaintiff/Attomey as"True&Correct" in accord with Pa.R.C.P.401(c). SS 5)All service shall be made in accordance with the Pennsylvania Rules Of Civil Procedure. SHERIFF-CML DIVISION SHERIFF'S OFFICE 6)Supply a self-addressed,stamped,envelope for Sheriffs Retum of Service. THE STAAW 7)When the Sheriff levies or attaches property,it will routinely be left without watchman,in the custody of whomever found,upon notice of Sheriffs Levy. By signature below,the Plaintiff/Attorney are providing written authorization for same in the manner of Pa.R.C.P.3109(bx1),releasing the Sheriff from any/all liability for protecting same. If Plaintiff/Attomey demand otherwise,in the manner of Pa.R.C.P.3109(a),the Sheriff will require bond or security in the manner of Pa.R.C.P.3109(d)in advance. TO BE COMPLETED BY PLAINTIFF OR • ATTORNEY PLAINTIF S): DEFEND T S): SERVE ON: LOCATION "NO P.O�D N TdA" qk&majl-�TYPE O WRIT: PLAINTIFF/ATTORNEY NAME,ADDRESS,EMAIL,PHONE: pLAINTIFFlATTORNEY ATURE: SPECIAL INSTRUCTIONS: FOR • ONLY DOCK /NUMB R: (� LAST DAY FOFt SE E: FE Ab: Un RETURN OF SERVICE INDIVIDUAL SERVED: LOCATION:(IF DIFFERENT FROM ABOVE) ( )BOROUGH OF: ( )CITY OF: ( )TOWNSHIP OF: S§AVED IN THE FOLLOWING MANNER: ( Defendant personally served ( )Not Found ( )Moved ( )No Answer ( )Vacant ( )Unknown ( )Adult family member with whom said defendant resides •' ( )Adult in charge of defendant's residence (� O Manager/Clerk of place of lodging in which defendant resides ( )Agent of person in charge of defendant's office or usual place of business O Officer of said defendant company ( )Posted property ( )Levy on property ( )Other: SO ANSWERS: RANPA LL P.MILLER SH I OF NORTHAMPTON COUNTY I hereby deputize the Sheriff of County,to execute BY: and make a return on the above and attached action according to law. Deputy Sheriff Ladge Sheriff of Northam n Coun Date ACCEPTANCE P tY P� County OF I accept service of the on behalf of --and oLrtifv that I am authorized to do so. (Mailing Address) Defends t o Authorized nature SERVICE ATTEMPTS Date: Time: Dep: Notes: Date: Time: Dep: Notes: Date: Time: Dep: Notes: Date: Time: Dep: Notes: ORDER FOR SERVICE REQUEST NCSD FORMg138/rev.SEPT2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Qoto of€umbrr�r 0 Sheriff Jody S Smith Richard W Stewart Chief Deputy 4FFKE OF HE SAERIFF Solicitor Bank of America, N.A. Successfor by Merger to BAC Home Loans Servicing Case Number vs. 2013-749 Carol Herman (et al.) 0 SERVICE COVER SHEET N P o Category: ICIAI Action Complaint to Quiet Title Zone: _. Manner: I Deputize Expires: Warrant I Notes: o N Q a W Name: CI arol Herman w Served: ersonal Adult In Charge Posted Other W Primary 4240 Adler Road Adult In Charge: z Address: Bethlehem, PA 18020 -----�--- m Phone: DOB Relation: O Alternate Date: � Time: O� �8 %3 Address: ._. p Phone: ( Deputy: Mileage: N Name: Nina Nielsen Amodeo Phone: Date: vs Time: a M Mileagg: P e°r Deputy: J O a Now, February 27, 2013 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Northampton V County to execute service of the documents herewith and make return thereof according to law. z g Return To: W Cumberland County Sheriffs Office � X One Courthouse Square . Carlisle, PA 17013 onny R Anderson, Sheriff