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HomeMy WebLinkAbout13-2072 Supreme Court-.of Pennsylvania �• _� ,LL4 Cour�� omm>ti.Pleas t v , For Prothonotary Use Only: c ivi r fiCet {fa. CUII CRlN3�i'T` County Docket No: t. The information collected on this form is used solely, for court administration purposes. This form does not .su t Plement or rep lace the and service ofpleudings or other papers as required Uv law or rules of court. Commencement of Action: S 9 Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer ftom Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: BANK OF AMERICA, N.A., Lead Defendant's Name: DOMINICK KOHOUT C SUCCESSOR BY MERGER TO BAC HOME LOANS T SERVICING, LP FKA COUNTRYWIDE HOME LOANS I SERVICING LP 0 Are money damages requested? [I Yes Z No Dollar Amount Requested: El within arbitration limits Check one) N outside arbitration limits N - - - Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes FX1 No A. Name of Plaintiff /Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hall inan, LLP ❑ Check here if you have no attorney (are a Self - Represented JPro Sel Litigant) Nature of the Place an "X" to the left of the ONE case category that most accurately describes your Case PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander /Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES _ • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY O Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: .. FILED - OFFICE OF 7'jjF PROTHONOT 2013 APR 17 AN 10: 15 CUMBERLAND COUNTY P ENNSYLVANIA PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215 -563 -7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS FKA COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO, TX 75024 TERM Plaintiff NO a Q� oL lac U/ l V. 1 CUMBERLAND COUNTY DOMINIICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025 -1337 Defendant CIVIL ACTION - LAW COMPLAINT IN_MORTGAGE FORECLOSURE I b3, 75 oa File #: 293414 so 1. Plaintiff is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025 -1337 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3.. On 11/10/2006 DOMINICK KOHOUT made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR QUICKEN LOAN, INC. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1974, Page 4400. By Assignment of Mortgage recorded 1 1/10/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201131406.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4.. The premises subject to said mortgage is described as attached. 5., The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File 11: 293414 6. The following amounts are due on the mortgage as of 01/25/2013: Principal Balance $373,472.30 Interest '$38,740.75 07/01/2011 through 01/25/2013 Late Charges $0.00 Property Inspections $80.00 Title Costs $325.00 Escrow Deficit I L L74.67 TOTAL $418,792.72 7 . Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 293414 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $418,792.72, together with interest, costs, fees, and charges collectible under the mortgage ,including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: John D. Kr 96, Esq., Id. No.312244 Attorney for Plaintiff File M 293414 LEGAL DESCRIPTION Tax ID Number: 09 -11- 3006 -024 Land situated in the Township of East Pennsboro in the County of Cumberland in the State of PA BEGINNING at a point on the north side of Tower road at the eastern line of lands now or late of Steve road; thence along land now or late of Steve Reed north. 30 degree 0 minutes 51 seconds west a distance of 1310.77 feet to an iron pin; thence north 82 degrees 38 minutes 8 seconds east a distance of 539.84 feet to an iron pin; thence along land now or late of Victoria Miller, south 30 degrees 0 minutes 51 seconds east a distance of 738.91 feet to a pin on the north side of Tower road; thence along same the following courses and distances: south 44 degrees 03 minutes 33 seconds west a distance of 120.18 feet; by a curve to the left having a radius of 325 feet, an arc length of 169.09 feet; south 14 degrees 15 minutes west a distance of 342.55 feet to the place of beginning. Commonly known as: 791 Tower Rd, Enola, PA 17025 PROPERTY ADDRESS: 791 TOWER ROAD, ENOLA, PA 17025 -1337 PARCEL Al 09 -11 -3008 -024. File #: 293414 VERIFICATION Wtk D odds Ehrmall I;ss s, n ;hereby states that he she is Aresidenf of BANK OF AMERICA, N.A., Plaintiff in this matter, that he/(2) is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his ie information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name° DATE: A yfl 2,701 3 Y0oddf Hp Title:A ff fs f 111(e. Presid ent BANK OF AMERICA, N.A. File #: 293414 Name: KOHOUT File #: 293414 Pa.R.C.P. 205.5 Updated 01/01 /2011 FORM 1 IN THE COURT OF COMMON PLEAS BANK OF AMERICA, N.A., SUCCESSOR BY OF CUMBERLAND COUNTY, PENNSYLVANIA MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS c . ) SERVICING LP o Plaintiff(s) xM VS. r— <A �1 DOMINICK KOHOUT 2 /� r� "� o Defendant(s) ' . J " v7Z ivil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSU��.E� DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial infon so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible .for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date �— John D ohn, Esq., Id. No.312244 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes 0 NoEl Listing dater Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes No Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office:: Cell: Other: Email: # of people in household- How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: E-mail: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: • Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile 42 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. _ _.... Monthly Gross _.. _ Monthly Net 3,. Monthly. Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Pa ment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency : - _ Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone I/We, , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) 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 this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without 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 the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 293414 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson t F '1t°r.l�°.7 Sheriff Jody S Smith0r ?; Chief Deputy ��' Richard W Stewart CUM ERLAND C vi��" Solicitor OFFICE OrTPESHERIFF PENNCY LVAN{A Bank of America, N.A. Successor by Merger to BAC Case Number vs. 2013-2072 Dominick Kohout SHERIFF'S RETURN OF SERVICE 05/24/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dominick Kohout, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 791 Tower Road, East Pennsboro, Enola, PA 17025. 791 Tower Road is not vacant however, deputies were unable to make contact with anyone to effectuate service. Service was also attmpted at 340 East Penn Drive, Enola, PA 17025 but this address is a UPS Store/drop box and service was not made. As of this date the Notice of Residential Mortgage Foreclsoure Diversion Program and Compalint in Mortgage Foreclosure has expired. SHERIFF COST: $88.85 SO ANSWERS, May 24, 2013 R-ONW R ANDERSON, SHERIFF (c)CountySudte Shnniff.To!ecsoft,Inc. OP "D-OFFICE PHELAN HALLINAN,LLP A x, Allison F. Zuckerman,Esq., Id.No.309519 2013 SEP —� 1617 JFK Boulevard, Suite 1400 10- o5 One Penn Center Plaza Philadelphia,PA 19103 C"BERL PEOS yLV;� allison.zuckerman @phelanhallinan.com �.�q NIA 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE CIVIL DIVISION HOME LOANS SERVICING LP Plaintiff CUMBERLAND COUNTY vs. DOMINICK KOHOUT No. 13-2072-CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PH LAN H AN, P By: llis F. Zuc an sq., Id. No.309519 orney for Plaintif Date: /bsd, Svc Dept. File# 787235 7-5p 2 �a9SPS5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ; ' Ronny R Anderson _,. r Sheri �. t,0 C' Sheriff , Jody S Smithp"t� rr {" ' Chief Deputy Richard W Stewart Solicitor OFNi;E OF rE$RER1r, Bank of America, N.A. Successor by Merger to BAC Case Number vs. Dominick Kohout 2013-2072 SHERIFF'S RETURN OF SERVICE 10/07/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dominick Kohout, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 791 Tower Road, East Pennsboro, Enola, PA 17025. Deputies were unable to make contact with anyone at the residence to effectuate service, the Complaint has since expired. SHERIFF COST: $45.41 SO ANSWERS, October 07, 2013 RON W R ANDERSON, SHERIFF icj^ountySui!e Sheriff,Te!eosot,Inc. THE PROT1ONCTP, 20I3 DEC 26 tti ! : I 6 PHELAN HALLINAN,LLP Adam H.Davis,Esq.,Id.No.203034 CUMBERLAND COUNTY 1617 JFK Boulevard,Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 • Adam.Davis@PhelanHallinan.com 215-563-7000 : COURT OF COMMON PLEAS BANK OF AMERICA, N.A., SUCCESSOR : BY MERGER TO BAC HOME LOANS : CIVIL DIVISION SERVICING, LP FKA COUNTRYWIDE : HOME LOANS SERVICING LP : CUMBERLAND COUNTY Plaintiff vs. • DOMINICK KOHOUT : No. 13-2072-CIVIL Defendants • • PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN,LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Date: /W2olr-3 /nru, Svc Dept. File#787235 cbg-t•L( Cdr 13nert SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - . ,tv Di C4111* Jody S Smith Chief Deputy ,i:{;::' s Richard W Stewart Solicitor w = Bank of America, N.A. Successor by Merger to BAC Case Number vs. Dominick Kohout 2013-2072 SHERIFF'S RETURN OF SERVICE 01/10/2014 11:08 AM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Dominick Kohout at 791 Tower Road, East Pennsboro, Enola, PA 17025. "7 GUT ALL, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, January 13, 2014 RONI R ANDERSON, SHERIFF scri Steven P. Miner, Esquire 1 " } �,M )7:- Matthew B Werner er 0,' ),� Attorney I.D. #313499 rat ,, pt-" " f, Daley Zucker Meilton & Miner, LLCi` f � 635 N 12'h Street, Suite 101 6 S}C @'. N r y Le oy ne PA 17043 /q (717) 724-9821 (717) 724-9826 (fax) sminer @dzmmlaw.com Attorneys for Defendant BANK OF AMERICA,N.A., IN THE COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO BAC CUMBERLAND COUNTY, PENNSYLVANIA HOME LOANS SERVICES, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff V. No.: 13-2072-CV DOMINICK KOHOUT, CIVIL ACTION—LAW Defendant NOTICE TO PLEAD TO: Bank of America,N.A. c/o John D. Krohn, Esquire Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. DALEY ZUCKER MEILTON & MINER, LLC Date: February 4 2014 B � By- Steven Steven P. Miner, Esquire Attorney I.D. No. 38901 Matthew B. Werner, Esquire Attorney I.D. No. 313499 635 N. 12t" Street, Suite 101 Lemoyne, Pennsylvania 17043 Telephone: (717) 724-9821 sminer @dzmmlaw.com Steven P. Miner, Esquire Attorney I.D. #38901 Matthew B. Werner Attorney I.D. #313499 Daley Zucker Meilton& Miner, LLC 635 N. 12t" Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 (717) 724-9826 (fax) sminer @dzmmlaw.com Attorneys for Defendant BANK OF AMERICA, N.A., IN THE COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO BAC CUMBERLAND COUNTY, PENNSYLVANIA HOME LOANS SERVICES, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff V. No.: 13-2072-CV DOMINICK KOHOUT, CIVIL ACTION—LAW Defendant ANSWER WITH NEW MATTER OF DOMINICK KOHOUT IN OPPOSITION TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this 4"' day of February, 2014, comes Defendant, Dominick Kohout,by and through his counsel, Steven P. Miner, Esquire, Matthew B. Werner, Esquire and Daley Zucker Meilton& Miner, LLC to file an Answer to Plaintiff's Complaint in Mortgage Foreclosure and avers as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted in part, Denied in part. By way of further response, the mortgage and assignment are purportedly documents which speak for themselves, and any characterization.by Plaintiff is denied. Further, it is specifically denied that the mortgage and assignment were properly executed by a representative of the Mortgage Electronic Registration Systems, Incorporated, as a nominee for Quicken Loan, Inc. It is admitted that Pa. R.C.P. 1019(g)permits a matter of public record to be incorporated by reference without being attached to the documents or the pleadings. 4. Admitted. 5. Admitted in part, Denied in part. It is admitted only that Defendant has not made payments. It is specifically denied that payments are due to Plaintiff. By way of further answer, the mortgage and assignment may have been fraudulently executed. 6. Denied as stated. After reasonable investigation, Defendant is without sufficient information and belief to admit to the amounts set forth in Paragraph 6. Strict proof of same is demanded. 7. Denied as a conclusion of law to which no response is required. To the extent'a response is needed, Defendant is without sufficient information and belief to admit Plaintiff's intent. 8. Denied as stated. After reasonable investigation, Defendant is without sufficient information and belief to admit Plaintiff sent Defendant any notification of Notice of Intention to Foreclose or Notice of Default. 9. Denied as a conclusion of law to which no response is required. WHEREFORE, Defendant respectfully requests this Court to dismiss Plaintiff's Complaint in Foreclosure seeking judgment against Defendant Dominick Kohout for foreclosure and sale of the property and dismiss the claims for interest, late charges, judgments, attorneys' fees and any costs of suit for lack of notice and noncompliance with applicable Pennsylvania law. New Matter 10. Defendant incorporates by reference its answers to paragraphs 1 through 9 above as if set forth in their entirety. 11. Plaintiff has failed as a matter of law, to set forth a Complaint in Foreclosure to which Relief can be granted, as the purported mortgage document may have been invalid and fraudulently executed by Mortgagee, Mortgage Electronic Registration Systems, Incorporated ("MERS"). Michelle Busch, who signed the mortgage document on behalf of MERS may not have been an agent of MERS. 12. The assignment of mortgage may be invalid, because the signature of Miguel Romero, representative of MERS is fraudulent as it is not Romero's signature. A copy of Romero's signature is attached as "Def. Exhibit 1." 13. The notary, Victoria Cook, who allegedly witnessed Romero's signature of the assignment or mortgage may be invalid and fraudulent as the signature on the verification is not Cook's. A copy of Cook's signature is attached as "Def. Exhibit 2." 14. The mortgage contract may fail for lack or failure of consideration. 15. The mortgage contract may be invalid for illegality of formation. 16. The mortgage contract may fail for violation of the statute of frauds. 17. Plaintiff's claim may fail for being outside of the statute of limitations to raise the claim. 18. Miguel Romero signed the assignment document as Vice President of MERS. Romero may be an employee of Bank of America. Strict proof is demanded of Romero's position in and signing authority for MERS. WHEREFORE, Defendant respectfully requests this Court to dismiss Plaintiff's Complaint in Foreclosure seeking judgment against Defendant Dominick Kohout for foreclosure and sale of the property and dismiss the claims for interest, late charges, judgments, attorneys' fees and any costs of suit for lack of notice and noncompliance with applicable Pennsylvania law. Respectfully submitted, DALEY ZUCKER MEILTON & MINER, LLC V J Date: February 4, 2014 By: Steven P Miner, Esquire Attorney'I.D. No. 38901 Matthew B. Werner, Esquire Attorney I.D. No. 313499 635 N. 12th Street, Suite 101 Lemoyne, Pennsylvania 17043 Telephone: (717) 724-9821 sminer @dzmmlaw.com Attorneys for Dominick Kohout VERIFICATION I, Dominick Kohout, verify that the statements made in this Answer to Complaint with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,relating to unsworn falsification to authorities. Date: d / Dominick Kohout DEF. EXHIBITI From:Dominick Kohout Fax: 882-237-5559 To: Steve Miner Fax: +1 (717)724-9826 Page 24 of 25 1/2712014 11:50 This space for Recorder's use Recording IIII��IIrIIIII��,IIIII�II�IIIIIIIIIII�II�+I�,+�II) k of America CoeLog c Requested By: When rded mail to: Bs DocID# 1796722294890903 Prepared By: 450 E.Boundary St. Debbie Nieblas Attn:Release Dept. Tax ID: 2079-3009.0-00038.00 888-603-9011 Chapin,SC 29036 450 E.Boundary St. Property Address: Chapin,SC 29036 1146 Dogwood Hollow Dr Nesbit,MS 38651-8303 MsW2-ADT !4012390 5/18/2011 MIN M 1000157-0003809412-0 MEIIS Phone N: 888-679-6377 ASSIGNMENT OF DEED OF TRUST For Value Received,the undersigned holder of a Deed of Trust(herein"Assignor")whose address is 3300 S.W. 34th Avenue,Suite 101 Ocala,FL 34474 does hereby grant, sell, assign,transfer and convey unto THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS INC.,ASSET-BACKED CERTIFICATES,SERIES 2004-10 whose address is 101 BARCLAY ST-4W,NEW YORK,NY 10286 all beneficial interest under that certain Deed of Trust described below together with the note(s)and obligations therein described and the,money due and to become due thereon with interest and all rights accrued or to accrue under said Deed of Trust. Original Lender: FULL SPECTRUM LENDING,INC. Borrower(s): PETER T COOKSTON,AND MELISSA D COOKSTON,HUSBAND AND WIFE, . AS TENANTS BY THE ENTIRETY WITH FULL RIGHTS OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON Original Trustee: CTC REAL ESTATE SERVICES Date of Deed of Trust: 8/6/2004 Original Loan Amount: $222,700.00 Recorded in DESOTO County,MS on:8/23/2004,book 2054,page 0597 and instrument number N/A Property Legal Description: ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE COUNTY OF DESOTO,STATE OF MISSISSIPPI,BEING KNOWN AND DESIGNATED AS LOT 38,DOGWOOD HOLLOW SUBDIVISION,SITUATED IN SECTION 30,TOWNSHIP 2 SOUTH,RANGE 7 WEST,DESOTO COUNTY,MISSISSIPPI AS PER PLAT THEREOF RECORDED IN PLAT BOOK 63,PAGES 31-32,IN THE OFFICE OF THE CHANCERY CLERK OF DESO.1.0 COUNTY,MISSISSIPPI. TAX ID:2079- , 3009.0-00038.00 Indexing Instructions:Lot(s):38 Block(s): N/A Subdivision: DOGWOOD HOLLOW Town:2 SOUTH IN WITNE W REOF,the undersigned has caused this Assignment of Deed of Trust to be executed on r MORTGAGE ELECTRONIC REGISTRATION SYS S,INC. B ' Migue Romero,Assistant Secretary LV-IL.rr" W L ILFVN I Fromi'Dominick Kohout Fax: 888-237-6559 To:Steve Miner Fax: +1 (717)724-9826 Page 23 of 251/2712014 11:50 t 29651 1.3F4, 1300 This qmcm foT Raw.r.&es,mw. MIN Me, 1. OI.-I.106-,-74+5.-17'.'-"'-2-5, MERS Phone,M 8884 A-;t!"5S'jfligk�y4NM"'rve, 0.'.F` M'0RT(`* GE i.A n *An r")wh 9.svaddTss - 300 . 34T UA. ,SUM 101. OC ALA, FL 34474:dc herebygrant, sell, assi.gn trm.s.fer md -n cor vay unt* BACHON. S SERVICING-1 LP FKA COUNMYWIDE HOME LOANS SERVICING,LP whose a4dmss. is 13 ,D GATE DR,HE, RNDO.Ni VA 20.170 all bicne-fi,6all iptlm. -st:un.-der dW oeftin Mortgagge doscribe 4.beloN r with the not, &) and oW digs ta".ons therein described. and the-money dac and to become due thereon.with int righwoocrued or to 2"'rve Under Said mortpgv. Under, MMORTGAGEITOINC. ill Horrower(s):- rmortgage: 4/Y2007 il( lair n Amour: sli.et866.0,0 ed. in Spartanburg Couuty,8C. , on; 4/312,007, book 3863.,* page 788 and," instraiment,number 20,07.1,6617' FNES A , E OF, the,undersigned, has, caused this Ass signmeml of Mort to be executed, on MIORTGAGE ELECTRONIC REGISTRATION SY INC. 13,y,5 MlguefR',0m,*r% Assigant Secretary _�10ri Quintant a Whaess: Ba 11111 I r 64�y Breeks. r of Ventura A=me- Michael G, ekkt._,Wwy Publlic,.personally appe Miguel, Romero+,. 6 tne b"n.the basis of at story q ldcnicc to 'be the persion(4 who pirn, I subscribed to the Me .h-e/they executed.the same i. is er/thheir auth,+orized', capacity(, s i tthopersonS, 4, thc or 106hlel Upon Woihalf of which+the.,:peTs�, under PE-NALTY' OF PEkJ'U,RY 'Ua.,der the laws of the :tai Gf Califerula that the fjoregoing .8;P .1s; true and correct. ASS M_.A 'a!ad, and affi, DEF. EXHIBIT 2 From:Dominick Kohout Fax: 888-237-5559 To: Steve Miner Fax: +1 (717)724-9826 Page 25 of 25112712014 11:50 This space for Recorder's use IIIIIIIIIIIIIIIIIIiIIIIIIIIII IIIIIIIIIIIIIIIIIIIlIIIIII Recording Requested By: When recorded mail to: Bank of America CoreLogic DocID# 50610585566420463 Prepared By: 450 E.Boundary St. Kathy Oriard Attn: Release Dept. 888-603-9011 Chapin,SC 29036 Property Address: 450 E.Boundary St. Chapin,SC 29036 24698 Magnolia Rd Underwood,IA 51.576-3749 lA0-AM 14307085 9/812011 MIN#: 100196800030361567 MERS Phone#: 888-679-6377. ASSIGNMENT OF MORTGAGE For Value Received,the undersigned holder of a Mortgage(herein"Assignor")whose address is 3300 S.W.34th Avenue,Suite 101 Ocala,FL 34474 does hereby grant,sell,assign,transfer and convey unto BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP whose address is 13150 WORLD GATE DR, HERNDON,VA 20170 all beneficial interest under that certain Mortgage described below together with the note(s)and obligations therein described and the money due and to become due thereon with interest and all rights accrued or to accrue under said Mortgage. Original Lender: HOME LOAN CENTER,INC.,DBA LENDINGTREE LOANS Made By: ALAN D.KNUDTSON AND LISA M.KNUDTSON Date of Mortgage: 10/11/2005 Original Loan Amount: $152,000.00 Recorded in Pottawattamie County,IA on: 10/14/2005,book 106,page 07695 and instrument number 007718 IN WITMS41JIEREOF,the undersigned has caused this Assignment of Mortgage to be executed on MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. By: Miguel Romero,Vice President State of California County of Ventura / On �4�/ before me, �� (— Notary Public,personally appeared Miguel Romero ,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VICTORIA'-COOK WITNESS my hand and official seal. Commisslon# 1801310 x .'m Notary Public,California ��i�// Z • Ventura County it My C„mm.Expires Jun 28,2012 Notary.Public: > — (Seal) My Commission Expires: Steven P.Miner,Esquire Attorney I.D.#38901 Matthew B. Werner Attorney I.D. 4313499 Daley Zucker Meilton&Miner,LLC 635 N. 12th Street, Suite 101 Lemoyne,PA 17043 (717)724-9821 (717)724-9826(fax) sminer @dzmmlaw.com Attorneys for Defendant BANK OF AMERICA,N.A., IN THE COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO BAC CUMBERLAND COUNTY, PENNSYLVANIA HOME LOANS SERVICES, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff V. No.: 13-2072-CV DOMINICK KOHOUT, CIVIL ACTION—LAW Defendant CERTIFICATE OF SERVICE I, Steven P. Miner, Esquire, do hereby state that I have this day caused to be served a true and correct copy of the foregoing Answer to Complaint with New Matter upon the person and at the address below named via U.S. Mail, First-Class, postage prepaid, as follows: John D. Krohn, Esquire Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plain ff Date: February 4, 2014 By: Steven P Miner, Esquire • Frr ELNNSYLVANIA PHELAN HALLINAN, LLP BY: D. TROY SELLARS, ESQUIRE ATTORNEY FOR PLAINTIFF Identification No: 210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1360 E-mail: troy.sellars@phelanhallinan.com BANK OF AMERICA, N.A., SUCCESSOR BY • COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS : CUMBERLAND COUNTY, PENNA. SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE : Civil Division PLANO,TX 75024, • Plaintiff, • : NO. 13-2072-CIVIL vs. • DOMINICK KOHOUT • 791 TOWER ROAD ENOLA, PA 17025-1337, • Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW COMES the Plaintiff, Bank of America,N.A., Successor by Merger to BAC Home Loans Servicing, L.P., F/K/A Countrywide Home Loans Servicing, L.P., by and through its attorney, D. Troy Sellars, Esquire, and hereby files the within Reply to New Matter of Defendant, Dominick Kohout, and states as follows: PH#787235 NEW MATTER; 10. Plaintiff incorporates herein by reference the averments of paragraphs one(1) through nine(9) of its Complaint as if set forth herein at length. 11. Denied, and strict proof thereof is demanded at trial. By way of further answer, Defendant's allegation that the Mortgage may have been invalid, are unsupported supposition. Further, it is noted that the Mortgage at issue is executed by the Defendant and notarized by Rebecca Newcomer and has been duly recorded with the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. The instant Complaint completely complies with Pa.R.C.P. 1147, and the instant averments do not give rise to a well pled affirmative defense. A copy of the Mortgage, redacted to protect personal account identifying information, is attached hereto, made part hereof and marked as Exhibit"A." 12. Denied, and strict proof thereof is demanded at trial. By way of further answer, the MERS Representative's signature on the Assignment of Mortgage has been notarized, and a recorded Notary certification is prima facie evidence of the due execution of the document. See Williamson vs. Barlet, et al., 147 Pa.Super. 460,465, 24 A.2d. 546, 548 (Pa.Super. 1942). Defendant's allegation does not override the prima facie nature of this execute and the allegations do not give rise to a well pled affirmative defense. 13. Denied, and strict proof thereof is demanded a trial. As noted above, the Notary's execution is evidence of the validity of the execution. Defendant's allegations that the Assignment may be invalid and does not overcome this prima facie presumption and Defendant's allegation does not give rise to a well pled affirmative defense. 14-17. Denied, and strict proof thereof is demanded at trial. These boiler-plate listing of affirmative defenses which are unsupported by factual allegations do not give rise to well pled affirmative defenses. PH#787235 • 18. Denied, and strict proof thereof is demanded at trial. By way of further answer, Defendant's demand for proof appears to be a request for discovery information, and as such, does not give rise to a well pled affirmative defense. Rather, such requests should be pursued pursuant to Pa.R.C.P. 4001, et seq. Defendant's allegations of Mr. Ramero's alleged employment do not give rise to a well pled affirmative defense. By way of further answer, the instant Complaint fully complies with Pa.R.C.P. 1147, and the affirmative defense do not negate same. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN, LLP Date: February 27, 2014 B / D. TrofSellars, Esquire Attorney for Plaintiff PH#787235 • VERIFICATION D. Troy Sellars, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN, LLP DATE: February 27, 2014 By: D. Troy 6llars, Esquire Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 Telephone: 215-563-7000, Ext. 1360 PH#787235 Exhibit "A" • . y3cI" ( i. (g 1366 DEC 1 fin 10 46 Prepared By: Marius Chanski 20555 Victor Parkway Livonia, MI 48152 (800)226-6308 Return To: Title Source Inc. 1450 W.Long Lake Rd. 4th Fir. Troy,MI 48098 1-248-312-1200 Parcel Number: \Premises: 791 Tower Rd 09-11-3908-024 O' \e Enola, PA 17025 (Space Above This Line For Recording Data] MORTGAGE --- MIN DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument"means this document, which is dated November 10, 2006 together with all Riders to this document. _ - — — -- - — (B)"Borrower" is Dominick Kohout, a single man ) V Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026,tel. (888)679-MERS. PENN$YLVnNin .cinnia Family-Fannie Mao/Froddia Mac UNIFORM INSTRUMENT WITH MERS Form 3039 1/01 411111-6AIPAI105021 Pape 1 of 15 Initials: __`h,' ' II IIII IIll lt:I HIM VMP Mortgage Solutions.Inc.{80015211-7291 BK 1 J7i G 4 4 0 0 , ^.1.4,.cA, ARA r1IMRFRl AM')CM!NW Instil 200643461-Page 1 of 17 A (D) "Lender"is Quicken Loans Inc. Lender is a Corporation organized and existing under the laws of the State of Michigan Lender's address is 20555 Victor Parkway, Livonia, MI 48152 (E)"Note" means the promissory note signed by Borrower and dated November 10. 2006 • The Note states that Borrower owes Lender Three Hundred Ninety Six Thousand Twenty Five and 00/100 Dollars (U.S. $396,025.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than December 1, 2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: I_ Adjustable Rate Rider I I Condominium Rider I I Second Home Rider I Balloon Rider I 1 Planned Unit Development Rider n 1-4 Family Rider I I VA Rider n Biweekly Payment Rider ®Other(s)[specify] Legal Attached (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (.3) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items"means those items that are described in Section 3. (M) "Miscellaneous Proceeds"means any compensation, settlement, award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. IM[tats: 44-6AIPA)(o5o2) Pace 2 of+e Form 3039 1/01 111111111 IMO 1.111111111 11 4e/7 yp go/ n"n"n^1,1 4.1 17.C^^^^ r,IMRFPI ANTI('(II INTY Inst.#200643461 -Page 2 of 17 . vv� (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (QJ "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i)the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type of Recording Jurisdiction] of Cumberland [Name of Recording Jurisdiction]: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS OF RECORD. which currently has the address of 791 Tower Rd [Street) Enol a [City), Pennsylvania 17025 [zip Code) ("Property Address"): TOGETHER WITH all the improvements 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 this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns)has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. rnkials: 1,. L. -&AtPA}(0502} Pape 3 of is IIVJJ Form 3039 1/01 11111 1111111111MII f5 -1/% 7i/ p6 /Vo ,n en,,,^^n „..17__,, a. C.I IMRFRI AND COUNTY Inst#200643461-Page 3 of 17 • 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 will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal, interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 414-6A )t0502S Pepe 4 of 16 Fonn 3039 1/01 ER initial I1111iialiiINI1J /97y' yvd ? 03/07/7017 11 17 5(1 AM CUMBERLAND COUNTY Inst.#200643461-Page 4 of 17 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum(the "Funds")to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly, when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts,that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b)not to exceed the maximum amount a lender can require under RESPA. Lender shall 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 institution whose deposits are insured by a federal agency, instrumentality, or entity(including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest Initial,: l t1 41141,-6A(PA)(0552) e.g.5 of to ✓ Form 3039 1/01 III I � [1! 11 1 III r shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5, Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. Intl.s: 1-/L.. 4111-6A(PA)i05021 Paps 8 of 18 J Form 3039 1/01 II I11111111 1I JtII _ f7' 79 4(6 — - - ri IneaFPI ANn COUNTY Inst.#200643461-Page 6 of 17 • If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment, All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or no t then due./ Initials; •-r 414)-6A(FA)10502) Pogo 7 of 18 Form 3039 1/01 1111111M111111111111111111111i �� V6166 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a Lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. c4 -BAIPA)t06021 Papa 8 of 16 Form 3039 1/01 II '? ( O� -• -• •• •, ri IuAFRi arvn C 711NTY Inst.#200643461-Page 8 0117 • Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease, If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10.Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay 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 selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance.If lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce tosses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive(directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takry a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. fnitsts: et-6A(PA)(0502) Papa 9 of 16 Form 3035 1(01 11"1"1111111111011111111141111 A 7 If /Plc q0 If ri fnARFRI AND COUNTY inst.#200643461-Page 9 of 17 • (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated autonsatkally, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of suds cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. in the event of a partial taking,destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be !MINS. 4114A(PA)-S ( A(PA)los02i Poo 10 of 16 Form 3039 1/01 n'irn7r7n17 1117 5n MA CUMBERLAND COUNTY Inst.#200643461-Page 10 of 17 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for • payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and.agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including,but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce 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 to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to Initial.: eA(PA)weo2) Papa t t one e Form 3039 1/01 1111111/1111111111111111111111 -2 4/ (-1 y/ •r ••• Cl IAePFRI ANC)CCMINTY Inst.#200643461-Page 11 of 17 • • have been given w Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower dual promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17.Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including,but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)cures any default of any other covenants or mkws: 14-6A(PA)05021 Pw•12 of 16 Form 3039 1/01 Ii / -1 (( A419ll In1RFRI ANTI MINTY lost.#200643461 -Page 12 of 17 agreements; (c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d)Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Services, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of, this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and(d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. InlNNS: -BAtPA►105021 Page 13 of is Form 3039 1/01 11111111 t MJ M /t.f rfr- qq/ """ "' rl IMRFRI ANC)MINTY last.#/200643461-Page 13 of 17 • Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances,on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property(a) that is in violation of any Environmental Law, (b)which creates an Environmental Condition,or(c)which, due to the presence,use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including, but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to,any spilling,leaking,discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration;Remedies. Lender shall give notice to Borrower p to acceleration following Borrower's breach of any covenant or agreement in this Security (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things:(a)the default;(b)the action required to cure the default; (c)when the default must be cured; and (d) that failure to cure the default as s fled may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.it the default is not cured as specified,Lender at its option may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided In this Seed=22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to 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 laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment.Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. trough: L_ 41%-6AtPA)105021 rag.14 of 16 Form 3039 1/01 14111111111111 LI t 7 y tf'r � r,,,,oh.', 1117 4n AAA (a1MRFRI..AND COUNTY Inst.#200643461-Page 14 of 17 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: r f.l f tJ7LOA '00�•��► n• i. (Seal) Domi nick Kohout -Borrower (seal) -Borrower (Seal) (Seal) Borrower .Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) Borrower -Borrower 6MPAI ro502/ Peg*15 of ie Form 3039 1101 11/11111110111111111/11 ne{9 /J 4 (i iMRPRi AND COUNTY lost.#200643461 -Page 15 of 17 COMMONWEALTH OF PENNSYLVANIA, Cumberl and County ss: On this, the 10th day of November, 2006 ,before me, the undersigned officer, personally appeared Dominick Kohout. a single man known to me(or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 1— 2- Q 9 OF -! - (e Notarial Seal Rebecca Newca urn=►, Pttb�c My Hampden 11Mp,C>v��2� Cartirnissi0n COfOffiCer Water,Psnnsytvanis Pasod*Yon of Notaries Certificate of Residence k2 rt 6 I, V1 !�(, OWCA , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 0 day of V 1 Lc Afitr`/1/AA, Agent of Mortgagee Initial.: 10502) pap 14 of its Form 3039 1/01 #111111111111111111111111111M inno CSI nnln rnI IniTV Inst.#200643461-Page 16 of 17 EXHIBIT A-LEGAL DESCRIPTION Tax 1D Number:09-11-3008-024 Land situated in the Township of East Pennsboro in the County of Cumberland in the State of PA BEGINNING AT A POINT ON THE NORTH SIDE OF TOWER ROAD AT THE EASTERN UNE OF LANDS NOW OR LATE OF STEVE ROAD;THENCE ALONG LAND NOW OR LATE OF STEVE REED NORTH 30 DEGREE 0 MINUTES 51 SECONDS WEST A DISTANCE OF 1310.77 FEET TO AN IRON PIN;THENCE NORTH 82 DEGREES 38 MINUTES 8 SECONDS EAST A DISTANCE OF 539.84 FEET TO AN MON PIN; THENCE ALONG LAND NOW OR LATE OF VICTORIA MILLER,SOUTH 30 DEGREES 0 MINUTES 51 SECONDS EAST A DISTANCE OF 738,.81 FEET TO A PIN ON THE NORTH SIDE OF TOWER ROAD;THENCE ALONG SAME THE FOLLOWING COURSES AND DISTANCES:SOUTH 44 DEGREES 03 MINUTES 33 SECONDS WEST A DISTANCE OF 120.18 FEET;BY A CURVE TO THE LEFT HAVING A RADIUS OF 325 FEET,AN ARC LENGTH OF 1811.09 FELT;SOUTH 14 DEGREES 15 MINUTES WEST A DISTANCE OF 342:55 FEET TO THE PLACE OF BEGINNING. Commonly known as:791 Tower Rd,Enola,PA 17025 U iy th i s to be recorded Cumberland County PA Recorder of Deeds BKI974PG44I6 noin�i•n1n 4 1.47.Gn ri 1MRFRf AND COUNTY Inst.#200543461-Page 17 of 17 PHELAN HALLINAN, LLP BY: D. TROY SELLARS, ESQUIRE ATTORNEY FOR PLAINTIFF Identification No: 210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1360 E-mail: troy.sellars@phelanhallinan.com BANK OF AMERICA, N.A., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS CUMBERLAND COUNTY, PENNA. SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE Civil Division PLANO, TX 75024, • Plaintiff, NO. 13-2072-CIVIL vs. • DOMINICK KOHOUT • 791 TOWER ROAD • ENOLA, PA 17025-1337, • Defendant CERTIFICATE OF SERVICE I certify that a true and correct copy of Plaintiffs Reply to Defendant's New Matter was sent via first class mail to the person(s) listed below on the date indicated: STEVEN P. MINER, ESQUIRE 635 N. 12TH STREET SUITE 101 LEMOYNE, PA 17043 DATE: February 27, 2014 qt- )2) D. Troy SMars, Esquire Attorney for Plaintiff PH#787235 PHELAN HALLINAN, LLP By: D. Troy Sellars, Esquire Identification No. 210302 126 Locust Street Harrisburg, PA 17101 (215) 563 -7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff vs. DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025 -1337 Defendant ri APR 23 P'i I:27 LAND COUHTY 4SYLVANIA Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 13 -2072 -CIVIL MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above- captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. On November 10, 2006 Defendant, DOMINICK KOHOUT, executed a Mortgage and Promissory Note promising to repay the loan on a monthly basis. A copy of the Mortgage, which PH 787235 _ is recorded in the Office of the Recorder of the Recorder of Deeds for Cumberland County in Mortgage Book No. 1974, Page 4400, redacted to remove account infoin iation, is attached hereto, made part hereof, and marked as Exhibit A. A redacted copy of the Note is also attached hereto, made part hereof, and marked as Exhibit A 1. 4. The Mortgage was assigned to Plaintiff. Said transfer was documented by an Assignment of Mortgage, which is recorded at Assignment of Mortgage Instrument No 201131406. A redacted copy of the Assignment to Plaintiff is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 5. The Mortgage is due for the August 1, 2011 payment, a period in excess of 32 months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 6. Defendant's default is also evidenced by Plaintiffs loan history, a redacted copy of which is attached hereto, made part hereof, and marked as Exhibit G. 7. The last payment applied to the Defendant's mortgage was on or around July 15, 2011. Plaintiff applied this payment to Defendant's account for the July 2011 payment, (See Exhibit G). The account remains due and owing for the August 1, 2011 payment. Furthermore, Defendant has not provided proof of any payments he might have made. 8. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds the dollar amount provided in the statute, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendant a letter notifying him of his default and of Plaintiffs intent to foreclose. A redacted copy of the letter (along with proof of mailing) is attached hereto, made part hereof, and marked as Exhibit F. 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage PH 787235 Assistance Program, Act 91 of 1983, has terminated because Defendant has failed to meet with an authorized credit - counseling agency in accordance with Plaintiffs written notice to Defendant. 10. On April 17, 2013, Plaintiff filed its Complaint in Mortgage Foreclosure. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit C. 11. Defendant filed an Answer and New Matter in which he effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiff's attached Brief. A true and correct copy of the Answer and New Matter is attached hereto, made part hereof, and marked as Exhibit D. 12. In his Answer, Defendant admits that he has not made mortgage payments in response to Paragraph 5 and generally denies six (6) of the Complaint, which avers the amount due on the Mortgage. 13. Defendant's New Matter consisted of conclusions of law which were unsupported by facts and did not serve as a defense to the foreclosure action. Plaintiff filed its Reply to New Matter on February 28, 2014. A true and correct copy of the Reply to New Matter is attached hereto, made part hereof and marked as Exhibit E. 14. Defendant has failed to sustain his burden of presenting facts which contradict the averments of Plaintiffs Complaint. 15. Defendant has the right to reinstate or payoff the loan up until one hour before a scheduled Sheriffs Sale. PH 787235 WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as stated in the Affidavit in support of the Motion for Summary Judgment, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN, LLP Date: April 22, 2014 By: D. Troy Ses, Esquire Attorney for Plaintiff PH 787235 Exhibit "A" Prepared By: Marius Chanskl 20555 Victor Parkway Livonia, MI 48152 (800)226 -6308 Return To: Title Source Inc. 1450 W. Long Lake Rd. 4th Flr. Troy, MI 48098 1- 248 - 312 -1200 Parcel Number: 09 -11 -3008 -024 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated November 10, 2006 , together with all Riders to this document. r (B) 'Borrower" is Domi ni ck Kohout, a s i ngl a man os 3q36 ZfEr w c CE .. 2066 CEC I AC110 tis "Premises: 791 Tower Rd \ Enola. PA 17025 [Space Above This Line For Recording Data] -■ MORTGAGE MIN_-.. Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501 -2026, tel. (888) 679-MERS. PENNSYLVANIA - Single family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3033 1/01 411116AIPA) 105021 Pepe 1 01 16 I111e11: VMP Monona SdutOne. Inc. (8001521 -7281 BK 1974PG4400 fl rf7NVN'1 A.1.17•C!1 ARA 111111111111111111111111111111INIM 1 ra IMRFRI ANTI COUNTY Inst.# 200643461 - Page 1 of 17 (0) "Leaner' tsQuicken Loans Inc. Lender is a Corporation organized and existing under the laws of the State of Michigan Lender's address is 20555 Victor Parkway, Livonia, MI 48152 (E) "Note" means the promissory note signed by Borrower and dated November 10. 2006 The Note states that Borrower owes Lender Three Hundred Ninety Six Thousand Twenty Five and 00 /100 Dollars (U.S. X396, 025.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than December 1, 2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. ° (G) 'Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: n Adjustable Rate Rider n Condominium Rider n Second Home Rider F1 Balloon Rider n Planned Unit Development Rider [ 1 1-4 Family Rider 0 VA Rider 1 1 Biweekly Payment Rider IXXJ Other(s) [specify] Legal Attached (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1) damage to, or destruction of, the Property; (ii) condemnation or other taldng of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security instrument. 1111111114111111111111111111111 - BAIPAI wsoil t 6077 ("Pt vya/ 1171n7tfn17 41-17 -Gn A45 Pape 2 of 16 Form 3039 1/01 1 rl IMRFRI ANr) (:nl INTY Insl.# 200643461 - Page 2 of 17 • (P) " RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, " RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type of Recording Jurisdiction] of Cumberland [Name of Recording Jurisdiction]: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS OF RECORD. which currently has the address of 791 Tower Rd ]Strut] Enola [city] , Pennsylvania 17025 ]Zip Coael ( "Property Address "): TOGETHER WITH all the improvements 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 this Security Instrument. All of the foregoing is referred to in this Security Instrument as the " Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower to this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security instrument. ®-6A(PA) 106021 Pope 3 at 16 _ I i 1 /% 7,1 p‘ q vo Form 3039 1/01 ,1.17.Cr X11. (:I IMRFRI AND COUNTY InsL# 200643461 - Page 3 of 17 03It1717(117 11 `17'50 AM 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 will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2. all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment -6A(PA) toso2) III 111111111111111111111111111111111111 _... ■_ yvo 2 Pepe 4 of 16 itritlela: 3039 1/01 CUMBERLAND COUNTY Inst.# 200643461 - Page 4 of 17 can be paid m tuu. 'to the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until tbe Note is paid in full, a sum (tbe "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall 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 institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, armuaily analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest - GA (PAI (05021 II 111111111111111111111111111111111 111 almommimmINI 1926( yv °y Pep" 5of 16 L 1101 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as 'defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 61- 8AIPAI 10502) 77'79 4/ 6 3— Pepe 6 of 16 Form 3039 1/01 () IMRFRI AMP) (Mt /NW Inst.# 200643461 - Page 6 or 17 rr MEM it Borrower rails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice flew Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and /or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. if Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and /or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. et- 6A(PA) 10502; I11I 11113111111101111 �Y 79 7 "6t P•e 1 of 16 Form 3039 1/01 o. vmupraua:y. Jorrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Prvtection of the Property; inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a Lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. et-empA) (06021 11 1111i111111111111111111111N11 1.77y vya7 Pp. 6 of 16 IL Form 3039 1101 r r.unMRFRI AM) r.OIINTY Inst.# 200643461 - Page 8 of 17 u r. Any amounts wsbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay 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 selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of ntaldng the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay die Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce tosses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Morgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements wiU not Increase the amount Borrower will we for Mortgage Insurance, and they will not entftle Borrower to any refund. - 6A(PA) (0502) 11 111111111111111111111111 (9.7g ciof Pepe 9 Of 10 form 3039 1101 rl IMRFRI ANf) COUNTY Inst.# 200643461 - Page 9 of 17 (o) Any such agreements will not affect the rights Borrower has - if any - with respell to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures , to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender bas had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds, If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. in the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and' Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after nonce by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sum secured by this Security instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's iudgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be t - 6A(PA) (oso2) 11111111111111111111111111111111111 /gi2q c.iy lnfttl,: ficit 10 or 1n Form 3039 1/01 narn717n17 11 -17•C.41 AM CUMBERLAND COUNTY Inst.# 200643461 • Page 10 0117 1M aismisseu WIW a that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not app lied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce 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 to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to - 6AtPA ?ro502) 1iiiii iiiiii i111Mtjji 1974 `Old IrxtiNa: Pape 11 fe i e Form 3039 1/01 rl IhARFPI ANn f:OIINTY Lost.# 200643461 - Page 11 of 17 n „r „a. 6....... _ .. ower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rufcs of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The nonce shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or t:i- 6A1PAl Ioso21 11 1111111111li` 11111111 �7 �{ // 419 1 J initials: Pp. 12 at 1e Form 3039 1/01 171 IMMRFRI ANn COI1NTY Itist.# 200643461 - Page 12 of 17 • agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Setvioer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information. RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other parry hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. IL*zardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile sol vents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. et- 6A(PA) {osozl 14"7 qqf Page 13 of 1 o Form 3039 1/01 T CI IMRFRI ANTI Cf1I INIY Inst.# 200643461 - Page 13 of 17 nurruwor uuul not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein sh2fl create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Able 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 a may result in acceleration of the sums secured by this Security Losirument, foreclosure by Judicial prneeedheg and sale of the Property. Lender shall farther inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proaeedlag the nonctdsteuce of a default or any other defense of Borrower to acceleration and foreclosure. i the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void_ After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to 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 laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from ume to time under the Note. 1- 6A(PA)105021 rr 1t { ( I u limmommum /q7 P.pa 14 01 16 !Mile's: \ Form 3039 1/01 n.2 1w 7p)r1, 11.17•S!1 AaA CIIMRF.RLAND COUNTY Insl.# 200643461 - Page 14 of 17 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: Dominick Kohout (Seal} - Borrower (Seal) - Borrower (Se) (Seal) - Borrower - Borrower (Seal) (Seal) Borrower - Borrower (Sue) (Seal) - Borrower - Borrower t i- 6A1PA) toso2) 1411 c4(fit. Page 15 of 18 Form 3039 1/01 f IMRFRI AND COUNTY Inst.# 200643461 - Page 15 of 17 COMMONWEAL OF PENNSYLVANIA, Cumberl and On this, the 10th day of November. 2006 undersigned officer, personally appeared Dominick Kohout • a single man County as: , before me, the lmown to me (or satisfactorily proven) to be the person(s) whose name(s) is /are subscribed to the within instrument and acl nowledged that he /she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. My Commission Expires: I — D? - 09 Certificate of Residence 1, the correct address of the within -named Mortgagee is P.O. Box 2026, Flint, M148501 -2026. Witness my hand this l 0 day of t V W do hereby certify that 41,111/-6A(PA) (0502) MIMI VY\NZWAAA, 411A0,- Agent of Mortgagee PS90 16 of 16 Form 3039 1/01 rV IAAOCOI Anln r•ni IMTV Inst.# 200643461 - Page 16 of 17 n en7r^sni1 11•47.Fxt Ana EXHIBIT A - LEGAL DESCRIPTION Tax ID Number: 09 -11- 3008-024 Land situated In the Township of East Pennsboro in the County of Cumberland in the State of PA BEGINNING AT A POINT ON THE NORTH SIDE OF TOWER ROAD AT THE EASTERN LINE OF LANDS NOW OR LATE OF STEVE ROAD; THENCE ALONG LAND NOW OR LATE OF STEVE REED NORTH 30 DEGREE 0 MINUTES 51 SECONDS WEST A DISTANCE OF 1310.77 FEET TO AN IRON PIN; THENCE NORTH 52 DEGREES 38 MINUTES 8 SECONDS EAST A DISTANCE OF 539.84 FEET TO AN IRON PIN; THENCE ALONG LAND NOW OR LATE OF VICTORIA MILLER, SOUTH 30 DEGREES 0 MINUTES 51 SECONDS EAST A DISTANCE OF 735.91 FEET TO A PIN ON THE NORTH SIDE OF TOWER ROAD; THENCE ALONG SAME THE FOLLOWING COURSES AND DISTANCES: SOUTH 44 DEGREES 03 MINUTES 33 SECONDS WEST A DISTANCE OF 120.18 FEET; BY A CURVE TO THE LEFT HAVING A RADIUS OF 325 FEET, AN ARC LENGTH OF 159.09 FEET; SOUTH 14 DEGREES 15 MINUTES WEST A DISTANCE OF 342.55 FEET TO THE PLACE OF BEGINNING. Commonly known as: 791 Tower Rd, Enola, PA 17025 i1y this to be recorded Cumberland County PA �" d OK 1974PG41416 Recorder of Deeds f UMRFRI AND COUNTY Inst.# 200643461 - Page 17 of 17 EXHIBIT Al November 10. 2006 [Date] NOTE Enola PA [City] [State] 791 Tower Rd Enola, PA 17025 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 396•, 025.00 plus interest, to the order of the Lender. The Lender is Quicken Loans Inc. (this amount is called "Principal "), I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the 'Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.625%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1St day of each month. beginning on January 1, 2007 .1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on December 1, 2036 ,I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at ' P.O. Box 530483, Li voni a , EMI 48153 -0483 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 2,535.80 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. ATE NOTE- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 _ VMP MORTGAGE FORMS Page 1 of 3 [COWS: • I , 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this 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 me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling.me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required ine to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and' expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise. to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also. obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand. payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Page 2af3 Form 3200 1f01 Initlels: C. I I 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security. Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) WITHOUT RECOURSE - Borrower Pay To the Order of By (Seal) -Borrower (Seal) - Borrower (Seal) - Borrower eJbttlitr ?vJIde QUICKEN LOA SCOTT JO N.A. INC. CAPTURE A AG (Seal) -Borrower (Seal) - Borrower (Seal) - Borrower (Sign Original Only] Page 3 013 Form 3200 1/01 PAY TO THE ORDER OF: COUNTRYWIDE HOME LOANS INC WITHOUT RECOURSE COUNTRYWIDE BANK, NA BY: a`�t`Q yrZcaGdJ LAUTCEMEDER, SYP l PAY TOME ORDER OF: WITHOUT RECOURSE COUNTRYWIDE HOME LOANS, INC; BY; -"" /ode, MICHELE SJOLANDER, E P EXHIBIT A2 fit \or', Recording Requested By: Bank of America Prepared By: Danilo Cuenca 888- 603 -9011 450 E. Boundary St. Chapin, SC 29036 When recorded mail to: CoreLogic 450 E. Boundary St. Attn: Release Dept. Chapin, SC 29036 I 111111 1(111 1111111111 liii! IIIHJIJJI IY (1t11II1I liii DoclDt1 Tax ID: 09 -11- 3008 -024 Property Address: 791 Tower Rd Enola, PA 17025 -1337 Property Location: Township of EAST PENNSBORO PAO-AM 16223248 11/112011 This spate for Recorder's use MITI #i: I MERS Phone 4: 888- 679 -6377 ASSIGNMENT OF MORTGAGE For Value Received, the undersigned holder of a Mortgage (herein "Assignor ") whose address is 3300 S.W. 34TH AVENUE, SUITE 101 OCALA, FL 34474 does hereby grant, sell, assign, transfer and convey unto BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FICA COUNTRYWIDE HOME LOANS SERVICING LP whose address is 8609 WESTWOOD CENTER, VIENNA, VA 22183 all beneficial interest under that certain Mortgage described below together with the note(s) and obligations therein described and the money due and to become due thereon with interest and all rights accrued or to accrue under said Mortgage. Original Lender: QUICKEN LOANS INC. Mortgagor(s): DOMINICK KOHOUT, A SINGLE MAN Date of Mortgage: 11/10/2006 Original Loan Amount: $396,025.00 Recorded in Cumberland County,PA on: 12/1/2006, book 1974, page 4400 and instrument number N/A This Mortgage has not been assigned unless otherwise stated below: IhI/!#uh1hIijhh1//I IN WI NEt \ -lEREOF, the undersigned has caused this Assignment of Mortgage to be executed on fi n71n7inn1.1 11.10•.1') AKA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. By: kiiittlilifitillitttO Vice President (`I IMRFRI AND COUNTY Inst.# 201131406 - Page 1 of 3 State of California County of Ventura On l !/ before me, guel Romero , who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capacity (ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Public, personally appeared I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sew, �'4/ rY blic: My Commission Expires: I hereby certify that the address of the within named assignee is: 8609 WESTWOOD CENTER, VIENNA, VA 22183 (Seal) Signature VICTORIA COOK Commission # 1801310 Notary Public - California r _Ventura County My Comm. Expires Jun 2_8,_201 Doc1D/ n•.nrornn .1, 44.40.4,1 AG/ rl IMRFRI AND COUNTY Inst.# 201131406 - Page 2 of 3 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717- 240 -6370 Instrument Number - 201131406 Recorded On 11/10/2011 At 2:13:20 PM *Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 96633 User ID - MSW * Mortgagor - KOHOUT, DOMINICK * Mortgagee - BANK OF AMERICA N A * Customer - CORELOGIC * FEES STATE WRIT TAX STATE JCS /ACCESS TO JUSTICE RECORDING FEES — RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID nn.l1''1,14, 4 A •. o•A'1 AAA $0.50 $23.50 $11.50 $10.00 $2.00 $3.00 $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 County PA RECORDER O D EDS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. Ill uiimfilii 10iiu lull (`I itoRFRI AN() C:011NTY Inst.# 201131406 - Page 3 of 3 Exhibit "B" BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. DOMINICK KOHOUT Defendant COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 13-2072-CIVIL PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF 1''e.nns��Vwr��a COUNTY OF A f (fik e r"-1 SS: being duly sworn according to law, deposes and says: 1 . I am employed in the capacity of �j ssi s l - � i- y� c e f res i c(e n 1' at BANK OF AMERICA, N.A., as an officer of Bank of America, N.A. Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. The information in this affidavit is taken from Bank of America, N.A.'s business records. I have personal knowledge of Bank of America, N.A.'s procedures for creating these records. They are: (a) made at or near the time of the occurrence of the matters recorded by persons with personal knowledge of the information in the business record, or from information transmitted by persons with personal knowledge; (b) kept in the course of Bank of America, N.A.'s regularly conducted business activities; and (c) it is the regular practice of Bank of America, N.A. to make such records. 4. The Defendant, DOMINICK KOHOUT, made executed and delivered a Mortgage upon the premises, 791 TOWER ROAD, ENOLA, PA 17025 -1337, on 11/10/2006, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR QUICKEN LOANS, INC. 5. Plaintiff is the last assignee of the Mortgage by virtue of an Assignment of Mortgage dated 11/03/2011 and recorded on 11/10/2011 at Assignment of Mortgage Instrument No. Kohout, D # 787235 201131406. 6. BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP directly or through an agent, has possession of the promissory note. The promissory note has been duly indorsed using a blank endorsement. 7. Defendant's mortgage payments due 08/01/2011 and each month thereafter are due and unpaid. 8. The amounts due on the mortgage are correctly stated as follows: Principal Balance $373,472.30 Interest $70,007.89 07/01 /2011 through 04/30/2014 @ 6.625% Title Fees $450.00 Property Inspections $95.00 Property Preservation $84.00 Late Charges $0.00 Escrow Advances $11,650.45 TOTAL $455,759.64 9. Defendant has failed to reinstate the account. 10. Plaintiff provided Defendant with a Notice of Intention to Foreclose Mortgage. 11. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendant and to the severe detriment of Plaintiff. Kohout, D # 787235 12. Plaintiff properly accelerated its mortgage to protect its interests. 0104,-1-e)14-% F.4koL : State of nos n County of 4 ifikv.vi1/41 ignaturi . ViLe, • cicni- r. A Title: pri'.1 IS; Date: BANK OF AMERICA, N.A. (-14, SUBSCRIBED and SWORN to before me on this , day of 4 prs'i , 20 , by rho-ssi , o known to me (ca-tfr satisfactorily proven to me through (insert name of signer) . production of dri ve li s c cm-e . as identification) to be the person(s) who appeared before me. (seal) Notary Public, State of P-c- tkv‘s Commission Na: I a-a sc.-3 My Commission Expires: I a // s 11-7 Kohout, D # 787235 CGMP4W4W€A114 PENNSVINANIA Notarial Se& Susan E, Laurito, Notary Public Ross Two,, Allegheny County My Commission Expires Dec. 15, 2017 MEMBE,, ZS-S•O::ATIOti OF tiOT-1E..5 Exhibit "C" S E C T I 0 N A S E C T I 0 N Supreme C Cour "Pennsylvania For Prothonotary Use Only: Docket No: The information collected on this form is used solely,for court administration purposes, This form does not strl)Jllement or re Aux the f /liti,* and service r lead in s• or other papers as r72 tiuir ed by law or rules of court, Commencement of Action: El Complaint 0 Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff's Name: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP...... Lead Defendant's Name: DOMINICK KOHOUT Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? ❑ Yes 13 No (Check one © outside arbitration limits Is this an MDJ Appeal? 0 Yes 0 No Is this a Class Action Suit? ❑ Yes © No Name of Plaintiff /Appellant's Attorney: John D. Krohn. Esq., ld. No.312244, Phelan Hallman, LL)' (area Self- Represented [Pro Sep Litigant) • Check here if you have no attorney Nature of Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If\you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) © Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL Lh ❑ Dental O Legal ❑ Medical ❑ Other Professional: TY CONTRACT (do not include Judgments, ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other 0 Employment Dispute: Discrimination ❑ Employment Dispute: Other 0 Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain /Condemnation ❑ Ground. Rent ❑ Landlord/ Tenant Dispute El Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment 0 Board of Elections ❑ Dept, of Transportation ❑ Statutory Appeal: Other 0 Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment © Mandamus ❑ Non - Domestic Relations Restraining Order ❑ Quo Warrauto ❑ Replevin ❑ Other: 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 this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without 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 the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE O.FFI.CE 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990 -9108 File ti: 293414 FILED-OFFICE . Of THE PROTHONOTARY 2013 APR 17 kW: 16 CUMBERLAND COUNTY PENNSYLVANIA PILBLANIIALDIAN, LLP Ithn D. Krohn, Esq., Id. No.312244 1617 BR Boulevard, Suite 1400 One POM Center Plan PfdIadolpide, PA 19103 215-363-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025.1337 Defendant Pilo it: 193414 ATTORNEY R PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Do-1 a CUMBERLAND COUNTY CIVIL ACTION.- dit‘V COMPLAINT IN MORTGAGE FVECLOSIRE TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the ral Of said At Cellists, Pa. This ***/ day of 1 20 7,3 Pr no ry .4 K. 1. . Plaintiff is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS- SERVICING, LP PICA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TA 75024 2. The name(a) and last known address(es) of the Defendant(s) are: DOMINICK KOHOUT 791 TOWER ROAD ENOIA, PA 17023 -1337 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described: 3, On 11/10/2006 DOMINICK KOHOUT made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR QUICKEN LOAN, INC. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1974, Page 4400. By Assignment of Mortgage recorded 11 /10/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201131406.The mortgage and assignment(s), if any, are matters of public record and are incinporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4:. The premises subject to said mortgage is described as attached. Sr The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage upon failure of Mortgagor to make such payme� after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Mk 9 293414 6. The following amounts are due on the mortgage as of 01/25/2013: Principal Balance 5373,472.30 Interest 338,740.75 07/01/2011 through 01/25/2013 Late Charges $0.00 Property Inspections $80.00 Tide Costs $325.00 Escrow Deficit $6.174.67 TOTAL $418,792.72 7� 'Plaintiff is jigd sackings judgment of personal liability (or an ill szert judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that Wit, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8: Notice of Intention to Foreclose, as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Def ants) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Fiance Agency. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File A: 393414 WHEREFORE, Plain tiff demands an in 1gn judgment against the Defendant(s) in the sum of $418,792.72, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costa, and for the foreclosure and sale of the lmItt• PHELAN HALLMAN, LLP By: John D. Kr9in, Eaq., Id. No.312244 Attorney for Plaintiff LEGAL DESCRIPTION Tax ID Number 09 -11- 3006-024 Land situated in the Township of East Pennsboro in the County of Cumberland in the State of PA BEGINNING at a point on the north side of Tower road al the eastern line of lands now or late of Steve road; thence along land now or late of Steve Reed north 30 degree 0 minutes 51 seconds west a distance of 1310.77 feet to an iron pin; thence north 82 degrees 38 minutes 8 seconds east a distance of 539.84 feet to an iron pin; thence along land now or late of Victoria Mille; south 30 degrees 0 minutes 51 seconds east a distance of 738.91 feet to a pin on the north side of • Tower road; thence along same the following courses and distances: south 44 degrees 03 minutes 33 seconds west a distance of 120.18 feet; by a curve to the left having a radius of 325 feet, an arc length of 169.09 feet; south 14 degrees 15 minutes west a distance of 342.55 feet to the place of beginning. Commonly known as: 791 Tower Rd, Enola, PA 17025 PROPERTY ADDRESS: 791 TOWER ROAD, ENOLA, PA 17025 -1337 PARCEL 0 09- 11,3008 -024. 4 r•-••■■•• 03174411i::-M ietiA.k.iM03 . - .; VERIFICATION NiiAl01/10H , MU! 0 Odds EirMatthereby states that heOis, 010 4- of BANK OF AMERICA, N.A., Plaintiff in this matter, that heels authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and coned to the best of hiseinformatlon and belief The undersigned understands that this statement is made subject to-the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: Apri!:/12013 File: 293414 Name: KOHOUT ViceProrident BANK OF AMERICA, NA. OF THE PROTHONOTARY 1013APR 17 10110; 16 a' CUrP§YLVANIA 8 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: ti Boehm name(s): Property Address: City: ice: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes t] No ❑ Mailing Addrars Cif different): City: State Zir . Phone Numbers: Home: Oilier s CeA: . Other: s Email: # of people in household: How 1 Mailing Address. City: State :_Zip: Phone Numbers: Hoare: Office: Cell: Other: Email: # of people in household: How long? First Mortgage tender 'type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender Type of Lan: Loan Number Total Mortgage Payments Amount S Included Taxes & Insurance: Date of Last Payment: lathe loan in Bankruptcy? YesO No 0 If yes, provide names, location of court, case number & attorney: Home: Other Other Real Estate: Retirement Funds: Investments: °recital; Savings: Other: Amount Owed: S $ S. $ S. Automobile 411:,Model: Year: Amermt owed: Value: Aftisglils.#2: Model: Year 1 Amount owed: Value: Other transportation (automobiles. boats_ motorcycles): Model: Year Amount owed; Value ItkeiblattMt Name of Employers: 1. Mceithly Gross Monthly Net 2. • apes*. Gross Monthly Net ?deathly. Gross • Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount Bancrwer Pay Days:. Coacrrower Pay Days: Monthly Isomer (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT . Mcatgarte • Food 2" Nfortmute . , , Ueda . Car Payments) Condo/Neirdr. Fees Auto Insurance Med. (not covered) Auto fad/repairs Other prop. payment Install. Izon Payment Cable TV . Child Support/Alirn. , Spending Money Day/Child Contra& • Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes 0 No 0 If yes, please provide the following infonnation: Counseling Agency: Counselor: Phone (Office): Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes Er No If yes, please indicate the status of the application:. Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? YesO NoD kr., please indicate the status of tbose !moth& 'cut, Please provide the following information, if known, regarding your lender and lender's loan servicing comp Lender's Contact (Name): Phone Servicing Company (Name): Contact Phone- • • • •• • • . IAV; , authorize the above named to use/refer this information to my lenderlservicer for the sole purpose of evaluating my %rancid Situation for possible mortgage options. I/We understand that Ihve am/are under no obligation to use the eounselhts services provided by the above named. Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to leader and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) 5 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICES, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, No.: 13-2072-CV CIVIL ACTION — LAW gDOMINICK KOHOUT, Defendant ORDER AND NOW, this day of 2014, upon consideration of Plaintiffs , Complaint in Mortgage Foreclosure, Defendant Dominick Kohout' s Answer with New Matter and any answers or responses thereto, it is declared that said Complaint is hereby DISMISSED, along with the claims for interest, late charges, judgments, attorneys' fees and any costs of suit for lack of notice and noncompliance with applicable Pennsylvania law. BY THE COURT: J. Distribution: Steven P. Miner, Esquire, Matthew Werner, Esquire, Daley Zucker Meilton & Miner, LLC, 635 N. 12th Street, Suite 101, Lemoyne, PA 17043 John D, Krohn, Esquire, Phelan Hallinan, LLP, 1617 El( Boulevard, Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 Steven P. Miner, Esquire Attorney I.D. #38901 Matthew B. Werner Attorney I.D. #313499 Daley Zucker Wilton & Miner, LLC 635 N. 12`h Street, Suite 101 Lemoyne, PA 17043 (717) 724 -9821 (717) 724 -9826 (fax) sminer @dzmmlaw.com Attorneys for Defendant BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICES, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 13- 2072 -CV DOMINICK KOHOUT, : CIVIL ACTION — LAW Defendant .NOTICE TO PLEAD. TO: Bank of America, N.A. do John D. Krohn, Esquire Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: February 4, 2014 . By: DALEY ZUCKER MEILTON & MINER, LLC Steven P. Miner, Esquire Attorney I.D. No. 38901 Matthew B. Werner, Esquire Attorney I.D. No. 313499 635 N. 12th Street, Suite 101 Lemoyne, Pennsylvania 17043 Telephone: (717) 724 -9821 sminer @dzinmlaw.com • Steven P. Miner, Esquire Attorney I.D. 438901 Matthew B. Werner Attorney I.D. #313499 Daley Zucker Mei lton & Miner, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 (717) 724-9826 (fax) sminer@dzminlaw.com Attorneys for Defendant BANK OF AMERICA, N.A., : IN THE COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO BAC CUMBERLAND COUNTY, PENNSYLVANIA HOME LOANS SERVICES, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, :- Plaintiff : v. No.: 13-2072-CV DOMINICK KOHOUT, CIVIL ACTION — LAW Defendant ANSWER WITH NEW MATTER OF DOMINICK KOHOUT IN OPPOSITION TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this 4th day of February, 2014, comes Defendant, Dominick Kohout, by and through his counsel, Steven P. Miner, Esquire, Matthew B. Werner, Esquire and Daley Zucker }Wilton & Miner, LLC to file an Answer to Plaintiffs Complaint in Mortgage Foreclosure and avers as follows: 1. Admitted upon information and belief. 2. Admitte'd. 3. Admitted in part, Denied in part. By way of further response, the mortgage and assignment are purportedly documents which speak for themselves, and any characterization by Plaintiff is denied. Further, it is specifically denied that the mortgage and assignment were properly executed by a representative of the Mortgage Electronic Registration Systems, Incorporated, as a nominee for Quicken Loan, Inc. It is admitted that Pa. R.C.P. 1019(g) pennits a matter of public record to be incorporated by reference without being attached to the documents or the pleadings. 4. Admitted. 5. Admitted in part, Denied, in part. It is admitted only that Defendant has not made payments. It is specifically denied that payments are due to Plaintiff. By way of further answer, the mortgage and assignment may have been fraudulently executed. 6. Denied as stated. After reasonable investigation, Defendant is without sufficient information and belief to admit to the amounts set forth in Paragraph 6. Strict proof of same is demanded. 7. Denied as a conclusion of law to which no response is required. To the extent a response is needed, Defendant is without sufficient information and belief to admit Plaintiff's intent. 8. Denied as stated. After reasonable investigation, Defendant is without sufficient information and belief to admit Plaintiff sent Defendant any notification of Notice of Intention to Foreclose or Notice of Default. 9. Denied as a conclusion of law to which no response i8 required. WHEREFORE, Defendant respectfully requests this Court to dismiss Plaintiff's Complaint in Foreclosure seeking judgment against 'Defendant Dominick Kohout for foreclosure and sale of the property and dismiss the claims for interest, late charges, judgments, attorneys' fees and any costs of suit for lack of notice and noncompliance with applicable Pennsylvania law. New Matter 10. Defendant incorporates by reference its answers to paragraphs 1 through 9 above as if set forth in their entirety. 11. Plaintiff has failed as a matter of law, to set forth a Complaint in ForeclosOre to which Relief can be granted, as the purported mortgage document may have been invalid and fraudulently executed by Mortgagee, Mortgage Electronic Registration Systems, Incorporated ("MERS"). Michelle Busch, who signed the mortgage document on behalf of MERS may not have been an agent of MERS. 12. The assignment of mortgage may be invalid, because the signature of Miguel Romero, representative of MERS is fraudulent as it is not Romero's signature. A copy of Romero's signature is attached as "Def. Exhibit 1." 13. The notary, Victoria Cook, who allegedly witnessed Romero's signature of the assignment or mortgage may be invalid and fraudulent as the signature on the verification is not Cook's. A copy of Cook's signature is attached as "Def. Exhibit 2." 14. The mortgage contract may fail for lack or failure of consideration. 15. The mortgage contract may be invalid for illegality of formation. 16. The mortgage contract may fail for violation of the statute of frauds. 17. Plaintiff's claim may fail for being outside of the statute of limitations to raise the claim. 18. Miguel Romero signed the assignment document as Vice President of MERS. Romero may be an employee of Bank of America. Strict proof is demanded of Romero's position in and signing authority for MERS. WHEREFORE, Defendant respectfully requests this Court to dismiss Plaintiffs Complaint in Foreclosure seeking judgment against Defendant Dominick Kohout for foreclosure and sale of the property and dismiss the claims for interest, late charges, judgments, attorneys' fees and any costs of suit for lack of notice and noncompliance with applicable Pennsylvania law. Date: February 4, 2014 Respectfully submitted, DALEY ZUCKER MELTON & MINER, LLC By Steven p: Miner, Esquire Attome- 1.D. No. 38901 Matthew B. Werner, Esquire Attorney I.D. No. 313499 635 N. 12th Street, Suite 101 Lemoyne, Pennsylvania 17043 Telephone: (717) 724-9821 sminer@dzxrunlaw.com Attorneys for Dominick Kohout VERIFICATION I, Dominick Kohout, verify that the statements made in this Answer. to Complaint with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: didpy Dominick Kohout F. EXHIBI From: Dominick Rollout • 1, Fax: 888- 237 -5559 To: Stove Miner Fax: +1 (717) 724 -9826 Page 24 of 25 1!7/2014 11:50 This space for Recorder's use (liii 1111111 f 11(111111 If IIIIIllhlll 11111 11111111 Tax ID: 2079- 3009.0- 00038.00 Property Address: 1146 Dogwood Hollow Dr Nesbit, MS 38651 -8303 MSOv2 -ADT 14012390 5/18/2011 Recording Requested By: When recorded mail to: Bank of America CoreLogic Prepared By: 450 E. Boundary St. Debbie Nieblas Attn: Release Dept. 888 - 603 - 9011 Chapin, SC 29036 450 E. Boundary St. Chapin, SC 29036 • MIN 0: 1000157- 0003809412 -0 74ERS Phone 0 888- 679 -6377 ASSIGNMENT OF DEED OF TRUST For Value Received, the undersigned holder of a Deed of Trust (herein "Assignor ") whole address is 3300 S.W. 34th Avenue, Suite 101 Ocala, FL 34474 does hereby grant, sell, assign, transfer and convey unto THE BANK OF NEW YORK MELLON FICA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS INC., ASSET - BACKED CERTIFICATES, SERIES 200440 whose address is 101 BARCLAY ST - 4W, NEW YORK, NY 10286 all beneficial interest under that certain Deed of Trust described below together with the note(s) and obligations therein described and the money due and to become due thereon with interest and all rights accrued or to accrue under said Deed of Trust. Original Lender: FULL SPECTRUM LENDING, INC. Borrower(s): PETER T COOKSTON, AND MELISSA D COOKSTON, HUSBAND AND WIFE, , AS TENANTS BY THE ENTIRETY WITH FULL RIGHTS OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON Original Trustee: CTC REAL ESTATE SERVICES Date of Deed of Trust: 8/6/2004 Original Loan Amount: $222,700.00 Recorded in DESOTO County, MS on: 8/23/2004, book 2054, page 0597 and instrument number N/A Property Legal Description: ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE COUNTY OF DESOTO, STATE OF MISSISSIPPI, BEING KNOWN AND DESIGNATED AS LOT 38, DOGWOOD HOLLOW SUBDIVISION, SITUATED IN SECTION 30, TOWNSHIP 2 SOUTH, RANGE 7 WEST, DESOTO COUNTY, MISSISSIPPI AS PER PLAT THEREOF RECORDED IN PLAT BOOK 63, PAGES 31 -32, IN THE OFFICE OF THE CHANCERY CLERK OF DESOTO COUNTY, MISSISSIPPI. TAX ID: 2079- 3009.0- 00038.00 Indexing Instructions: Lot(s): 38 Block(s): N/A Subdivision: DOGWOOD HOLLOW Town: 2 SOUTH TN W WIfEREOF, the undersigned has caused this Assignment of Deed of Trust to be executed on Mir MORTGAGE ELECTRONIC REGISTRATION SYS - S, INC. Romero, Assistant Secretary LilrFro"m7: orZinict 1LKorl"hout SC 29/651 Fax: 80-237-5559 To: Steve Mae( Fax: +1 (717) 724-9828 Page 23of 25 1/27/2014 11:50 iO;OL1.2O6574925 ASSIGNMENT OF MORTGAGE tue Received, ti-tp undersigned holder of a Mortgage (Wem l'Avsigaor") velkow- addms. is, 3300 SM. 34T UE0). SUITE 101 OCALA/, FL 34474 does hereby grant, sell, assigp„ transfer ,and cover unto BAC HON S SERVICING., LP FICA COUNTRYWIDE ROME LOANS SERVIONGs. LP who adthess is 13 'JD GATE DRIIIERNDON,, VA 20170 all beneficiai interest under that certak Mortgage (WOW bet r with the note(s) and obligations therein described and the money due and to become due them= with ml rights accrued or to accrue under said Mortgage. Leaden; MORTGAGEET, INC, 13orroweis)r • cc for a f Martine: Lo Amount 412/2007 $115,000.00 ed in Spartanburg Cuiiity SC one 4/312007, book 3863 'go 788:and instrument nutdvi 2007., 61 OF, the undersigned has caused this Assigturient of Mortgage to he executed on • d acknowle het/their signanK the insurument. MORTGAGE ELECTRONIC REGISTRATION SY INC. Miefmel GektIC Notary Public, personally awe factory evidence to be the personla) aregs me l'idthey executed the same t oithein ffient. the person or the 0 Ty under PENALTY OF P -apli la true and correct der the LitliS 01 the State of Ca if iguel Romero, subscribed to th< orizzd capacity( of which the prat going E EXHI I T _2 4 a.� �� �� Q Recording Requested By: Bank of America Prepared By: Danilo Cuenca 888- 603 -9011 450 E. Boundary SL Chapin, SC 29036 When recorded mail to: CoreLogic 450 E. Boundary St. Attn: Release Dept. Chapin, SC 29036 IJ11l1IIIij lII1I!IIII1lll ll1fJIiitIIItIJIIJIIII11I1 DocID# Tax ID: 09 -11- 3008 -024 Property Address: 791 Tower Rd Enola, PA 17025 -1337 Property Location: Township of EAST PENNSBORO PAO-AM 16223248 11/1/2011 This space for Retordefs use MIN #: 1 MERS Phone K: 888 - 679 -6377 ASSIGNMENT OF MORTGAGE For Value Received, the undersigned holder of a Mortgage (herein "Assignor ") whose address is 3300 S.W. 34TH AVENUE, SUITE 101 OCALA, FL 34474 does hereby grant, sell, assign, transfer and convey unto BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FICA COUNTRYWIDE HOME LOANS SERVICING LP whose address is 8609 WESTWOOD CENTER, VIENNA, VA 22183 all beneficial interest under that certain Mortgage described below together with the note(s) and obligations therein described and the money due and to become due thereon with interest and all rights accrued or to accrue under said Mortgage. Original Lender: • QUICKEN LOANS INC. Mortgagor(s): DOMINICK KOHOUT, A SINGLE MAN Date of Mortgage: 11/10/2006 Original Loan Amount: $396,025.00 Recorded in Cumberland County,PA on: 12/1/2006, book 1974, page 4400 and instrument number N/A This Mortgage has not been assigned unless otherwise stated below: IN WI NEI \QHEREOF, the undersigned has caused this Assignment of Mortgage to be executed on 9 /n4NM0 1i.1R•AO ANA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. By. ..11111101 ritWitkt Vine President , C1 iMRFRI AND COUNTY Inst.# 201131406 - Page 1 of 3 State of California County of Ventura / On ' 3 1/ before mc, title, m , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capacity (ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Public, personally appeared 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sew, ior Ty = Mc: My Commission Expires: 1 hereby certify that the address of the within named assignee is: 8609 WESTWOOD CENTER, VIENNA, VA 22183 (Seal) Signature VICTORIA COOK Commission # 1801310 Notary Public - California I Ventura County My Comm. Expires Jun 28, 2012 Doc1D# n.,.i.-7r.,n4'. 44.4n•Afl nfn (`i IMRFRI AND COUNTY Inst.f1 2011 31406 - Page 2 of 3 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717 -240 -6370 Instrument Number - 201131406 Recorded On 11/10/2011 At 2:13:20 PM *Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number 96633 User 11) - MSW *Mortgagor - KOHOUT, DOMINICK * Mortgagee - BANK OF AMERICA N A *Customer - CORELOGIC * FEES STATE WRIT TAX STATE JCS /ACCESS TO JUSTICE RECORDING FEES — RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID nn rn-r.fln4fl AA•AO•A'9 A $0.50 $23.50 $11.50 $10.00 $2..00 $3.00 $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 County PA RECORDER OI' DEEDS a - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. u 1111111 II'0M rl IMRFRI AND rani INTY Inst.# 201131406 - Page 3 of 3 Exhibit "B" BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. DOMINICK KOHOUT Defendant • • • • • • COURT OF COMMON PLEAS CIVIL DIVISION . CUMBERLAND COUNTY . NO. 13-2072-CIVIL PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF l-'enhs�IVc�nit� ) SS: COUNTY OF A t ( ke y -kokiI , being duly sworn according to law, deposes and says: 1. I am employed in the capacity of /J sS en I— at BANK OF AMERICA, N.A., as an officer of Bank of America, N.A. Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. The information in this affidavit is taken from Bank of America, N.A.'s business records. I have personal knowledge of Bank of America, N.A.'s procedures for creating these records. They are: (a) made at or near the time of the occurrence of the matters recorded by persons with personal knowledge of the information in the business record, or from information transmitted by persons with personal knowledge; (b) kept in the course of Bank of America, N.A.'s regularly conducted business activities; and (c) it is the regular practice of Bank of America, N.A. to make such records. 4. The Defendant, DOMINICK KOHOUT, made executed and delivered a Mortgage upon the premises, 791 TOWER ROAD, ENOLA, PA 17025 -1337, on 11/10/2006, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR QUICKEN LOANS, INC. 5. Plaintiff is the last assignee of the Mortgage by virtue of an Assignment of Mortgage dated 11/03/2011 and recorded on 11/10/2011 at Assignment of Mortgage Instrument No. Kohout, D # 787235 201131406. 6. BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP directly or through an agent, has possession of the promissory note. The promissory note has been duly indorsed using a blank endorsement. 7. Defendant's mortgage payments due 08/01/2011 and each month thereafter are due and unpaid. 8. The amounts due on the mortgage are correctly stated as follows: Principal Balance $373,472.30 Interest $70,007.89 07/01/2011 through 04/30/2014 @ 6.625% Title Fees $450.00 Property Inspections $95.00 Property Preservation $84.00 Late Charges $0.00 Escrow Advances $11,650.45 TOTAL $455,759.64 9. Defendant has failed to reinstate the account. 10. Plaintiff provided Defendant with a Notice of Intention to Foreclose Mortgage. 11. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendant and to the severe detriment of Plaintiff. Kohout, D # 787235 12. Plaintiff properly accelerated its mortgage to protect its interests. 0\c si c.•I t. Fk4- kov►c.L N.-ne� /KW �.� .. natur. : jj Sj Lt o. nt kIGQ, �r-eS l d G vl+- Title: A.Or 1'J I S ; Date: BANK OF AMERICA, N.A. State of 1 1 nos./1 Ja 1/16., County of 41 1 j kfnmi I SUBSCRIBED and SWORN to before me on this IS day of A pry 1 , 20 /`f , by `>/ y • )0. ^' e r kndr�� - , ❑ known to me (n4'r satisfactorily proven to me through (insert name of signer) production of d rk deriS 11c . as identification) to be the person(s) who appeared before me. (seal) Notary Public, State of Pc,A,n.9,v& -i Commission No.: / a-a 0 SG-7 My Commission Expires: / a it 5 (/ _] Kohout, D # 787235 Sys e COMM9WWEAL 4 PENNb' LMAN A Notarial Seal Susan Er Laurito, Notary Public Ross Twp,, Allegheny County My Commission Expires Dec. 15, 2017 MEMcEG, OF hOTA.1ES Exhibit "C' s E C T I 0 N A s E C I 0 N B Supreme Cou Colt f Pennsylvania Piens heet County For Prothonotary Use Only: Docket No: The information collected on this form is used solely for court administration purposes, This form does not tr`�tilenrtent orr�i�place the lin 'and service of din s• or other j)ttzre s as routtlred ii law of rules crftour Commencement of Action: © Complaint 0 Writ of Summons 0 O Transfer from Another er Jurisdiction 0 • Petition Declaration of Taking Lead Plaintiffs Name: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Lead Defendant's Name: DOMINICK KOHOUT ii Dollar Amount Requested: • within limits Are money damages requested? • Yes © No 9 arbitration (Check one) C3 outside arbitration limits Is this a Class Action Suit? • Yes Q No Is this an MAI Appeal? • Yes © No Name of Plaintiff /Appellant's Attorney: John D. Krohn, Esci., ld. No.3t2244�Phelan Hallinan, LLP • Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY C4SE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) ❑ Intentional O Malicious Prosecution O Motor Vehicle O Nuisance O Premises Liability O Product Liability (does not include mass tort) O Slander/Libel/ Defamation O Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant ❑ Toxic Waste O Other: PROFESSIONAL LIABILITY O Dental O Legal O Medical 0 Other Professional: CONTRACT (do not include Judgments O Buyer Plaintiff O Debt Collection: Credit Card O Debt Collection: Other O Employment Dispute: Discrimination O Employment Dispute: Other 0 Other: REAL PROPERTY O Ejectment O Eminent Domain/Condemnation O Ground .Rent O Landlord/Tenant Dispute ig Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial 0 Partition ❑ Quiet Title O Other: CIVIL APPEALS Administrative Agencies O Board of Assessment O Board of Elections O Dept of Transportation O Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS O Common Law /Statutory Arbitration O Declaratory Judgment O Mandamus O Non - Domestic Relations Restraining Order O Quo Warranto O Replevin O Other: 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 this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without 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 the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES To ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File 293414 • FILED-OFFICE . OF THE PROTHONOTARY 1013 APR 17 AN 10: 16 CUtIBERLAN11 COutiTy PENNSYLVANIA PHELANUALLIKAN, LLP Jobe til. &elm, It No312244 1617 .11,K Boulevard, Suite 1400 One Pena Canter Plaza Philadelpbbt, PA 19103 215463-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVIaN0 LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337 Mk 293414 Defendant AITORNBY POR KAMPF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO, a./ a Cw/ CUMBERLAND COUNTY avn, ACTION, ;AW. COMPLAINT IN MORTGAGE FOIECLOSM TRUE COPY FROM RECORD In Testimony whereof. 1 here unto set my hand and the rot said at cellist% Pa. This el day of 20 P no ry .4 a. t 1 1. . Plaintiff is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known addresses) of the Defendant(s) are: DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025 -1337 s who is/are the mortgagor(s) and/or real owners) of the property hereinafter described. - 1 3, On 11/10/2006 DOMINICK KOHOUT made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR QUICKEN LOAN, INC. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1974, Page 4400. By Assignment of Mortgage recorded 11/10/2011 the mortgage was assigned to PLAINTIFF which Assigmnent is recorded in Assignment of Mortgage Instrument No. 201131406.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4:. The premises subject to said mortgage is described as attached. 5,. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01 /2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File /: 293414 From: Dominick Kohout • Fax: 888- 237 -5559 To: Steve Miner Fax: +1 (717) 724 -9826 Page 25o( 251/2712014 11:50 71iis spaco for Recorder's use I Property Address: 24698 Magnolia Rd Underwood, IA 51.576 -3749 1A0 -AM 14307085 9/812011 Recording Requested By: Bank of America Prepared By: Kathy Oriard • 888 -603 -9011 450 E. Boundary St. Chapin, SC 29036 When recorded mail to: CoreLogic 450 E. Boundary St. Attn: Release Dept. Chapin, SC 29036 MIN #: 100196800030361567 HERS Phone #: 888- 679 -6377 ASSIGNMENT OF MORTGAGE For Value Received, the undersigned holder of a Mortgage (herein "Assignor") whose address is 3300 S.W. 34th Avenue, Suite 101 Ocala, FL 34474 does hereby grant, sell, assign, transfer and convey unto BANK OF - ' AMERICA, N.A., SUCCESSOR BY MERCER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP whose address is 13150 WORLD GATE DR, HERNDON, VA 20170 all beneficial interest under that certain Mortgage described below together with the note(s) and obligations therein described and the money due and to become due thereon with interest and all rights accrued or to accrue under said Mortgage. Original Lender: Made By: Date of Mortgage: Original Loan Amount: HOME LOAN CENTER, INC., DBA LENDINGTREE LOANS ALAN D. KNUDTSON AND LISA M. KNUDTSON 10/11/2005 $152,000.00 Recorded in Pottawattamie'County,TA on: 10/14/2005, book 106, page 07695 and instrument number 007718 TN : r EREOF, the undersigned has caused this Assignment of Mortgage to be executed on State of California County of Ventura / On 16/ before me, ��-�"" , Notary Public, personally appeared Miguel Romero , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity (ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. By:, Miguel Romero, Vice President I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public: My Commission Expires: (Seal) V1CT0RIA=COOK Commission :# 1801310 Notary'Pliblip California g Ventura County M Cumnt. Expires Jun 28, 2ot2 Steven P. Miner, Esquire Attorney I.D. #38901 Matthew B. Werner Attorney I.D. #313499 Daley Zucker Meilton & Miner, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 (717) 724 -9826 (fax) sminer @dzmmlaw.com Attorneys for Defendant BANK OF AMERICA, N.A., : IN THE COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO BAC CUMBERLAND COUNTY, PENNSYLVANIA HOME LOANS SERVICES, LP FICA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff v. : No.: 13- 2072 -CV DOMINICK KOHOUT, Defendant : CIVIL ACTION — LAW .CERTIFICATE OF SERVICE I, Steven P. Miner, Esquire, do hereby state that I have this day caused to be served a true and correct copy of the foregoing Answer to Complaint with New Matter upon the person and at the address below named via U.S. Mail, First - Class, postage prepaid, as follows: John D. Krohn, Esquire Phelan Hall.inan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaint Date: February 4, 2014 By: Steven P ; net, Esquire Exhibit "E" '+1 1.t377. iYROIliONO 2Cji It FEB 28 All II 114 CLNE3ERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP BY: D. TROY SELLARS, ESQUIRE Identification No: 210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1360 E,triail: troy1JaJie1anhaiiinancom BANK OF AMERICA, N.A., SUCCESSOR BY : COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS : CUMBERLAND COUNTY, PENNA. SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP • 7105 CORPOR : Civil Division A RIVE - CD PLANO, TX ..,)PlAintiff, • .: NO. 13-2072-CIVIL vs. — • DOMINICK KOHOUT 791 TOWER ROAD 6 ENOLA, PA 17025-1337, Defendant ATTORNEY FOR PLAINTIFF PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW COMES the Plaintiff, Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, L.P., F/KJA Countrywide Horne Loans Servicing, L.P., by and through its attorney, D. Troy Sellars, Esquire, and hereby files the within Reply to New Matter of Defendant, Dominick Kohout, and states,ash /7-4 • I PH#787235 NEW MATTER; 10. Plaintiff incorporates herein by reference the averments of paragraphs one (1) through nine (9) of its Complaint as if set forth herein at length. 11. Denied, and strict proof thereof is demanded at trial. By way of further answer, Defendant's allegation that the Mortgage may have been invalid, are unsupported supposition. Further, it is noted that the Mortgage at issue is executed by the Defendant and notarized by Rebecca Newcomer and has been duly recorded with the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. The instant Complaint completely complies with Pa.R.C.P. 1147, and the instant averments do not give rise to a well pled affirmative defense. A copy of the Mortgage, redacted to protect personal account identifying information, is attached hereto, made part hereof and marked as Exhibit "A." 12. Denied, and strict proof thereof is demanded at trial. By way of further answer, the MERS Representative's signature on the Assignment of Mortgage has been notarized, and a recorded Notary certification is prima facie evidence of the due execution of the document. See Williamson vs. Barlet, et al., 147 Pa.Super. 460, 465, 24 A.2d. 546, 548 (Pa.Super. 1942). Defendant's allegation does not override the prima facie nature of this execute and the allegations do not give rise to a well pled affirmative defense. 13. Denied, and strict proof thereof is demanded a tri al. As noted above, the Notary's execution is evidence of the validity of the execution. Defendant's allegations that the Assignment may be invalid and does not overcome this prima facie presumption and Defendant's allegation does not give rise to a well pled affirmative defense. 14 -17. Denied, and strict proof thereof is demanded at trial. These boiler -plate listing of affirmative defenses which are unsupported by factual allegations do not give rise to well pled affirmative defenses. PH #787235 18. Denied, and strict proof thereof is demanded at trial. By way of further answer, Defendant's demand for proof appears to be a request for discovery information, and as such, does not give rise to a well pled affirmative defense. Rather, such requests should be pursued pursuant to Pa.R.C.P. 4001, et seq. Defendant's allegations of Mr. Rarnero's alleged employment do not give rise to a well pled affirmative defense. By way of further answer, the instant Complaint fully complies with Pa.R.C.P. 1147, and the affirmative defense do not negate same. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Date: February 27, 2014 PH#7 72 5 Respectfully submitted, PHELAN HALLINAN, LLP ID. Tr Sellars, Esquire Attorney for Plaintiff VERIFICATION D. Troy Sellars, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to =sworn falsifications to authorities. DATE: February 27, 2014 By: PHW787235 PHELAN HALLINAN, LLP D. Troy I1ars Esquire Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 Telephone: 215 -563 -7000, Ext. 1360 Exhibit "A" qb( Prepared By: Marius Chanski 20555 Victor Parkway Livonia, MI 48152 (800)226-6300 Return To: Title Source Inc. 1450 W. Long Lake Rd. 4th Fir. Troy, MI 48098 1-248-312-1200 Parcel Number: 09-11-3008-024 • 0e5F-P.T ZrE/AFT; CF 2OO6 CEC 1 FiF110 46 =T* 5:791 Tower Rd Enola, PA 17025 , (Spoce Above •Thi 1...lett:Por Recording Dalai . MORTGAGE MIN DEFINITIONS Words used in multiple sectims of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated November 10, 2006 , together with alt Riders to this document. (B) "Borrower" is Domi ni ck Kohout , a single man v ItorroWerWthe l'40/188807 under this StitY- (C) "KERS" is Mortgage • Electronic ikegiStraticiti SYttems; Inc. MERS is a separate corporation that is avuflg solely as a -nominee (Cir Lender and Lender 'S :Sciecessors and assigns. MERS is the mortgagee under this:Seenilty Intrumcnt MERS is :Organized and existing under the laws of Delaware, and has an ,addreistuid1010phOne Iturntior of p:o. ..307C 010. Flint MI 48501-2026, tel (888) 679-MERS. PENNSYLVANIA ..ginns. Family - Fannie Meo/Freddlo Moo UNIFORM INSTRUMENT WITH MERS Form 3039 1/01 tosozi 11111111111.111111111111111411 Pate ol it "MP Mona. &Anions. Inc. le00)521-7281 EIK19714PC41300 .1 A 4,/.CA Fa • f!I I MRFRi AHrt ColINTY . ; •7.- Inst.# 200643461 - Page 1 of 17 • A _ . (D) "Lender" is Quicken Loans Inc. Lender is a Corporation organized and existing under the laws of the State of Michigan Lender's address is 20555 Victor Parkway, Livonia, MI 48152 (E) "Note" me= the promissory no Signed by Borrower and dated November 10, 2006 The Note that Borrower owes Lender Three Hundred Ninety Six Thousand Twenty Fi-Ve and 00/100 Doll ass M.S. s396:, 025, 00 . Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than December I, 2036 '(F) "Propeety" Means the property that is &Scribed below under the heading "Transfer of Rights in the Property.' (G) "Loan" means the debt evidenced by the Note, plus Interest, any prepayment :chares and late charges due under the Note, and all sums due under this .Security Instrument, plus interest. (11) "Riders" means all Riders to this Security Instrument that. art executed by:Borrower. The following Riders are to be executed by Borrower (check box as applicable]: 0 Adjustable Rate Rider LJ Condominium Rider FISecond Home Rider LIJ Balloon Rider Planned Unit Development Rider El 1-4 Family Rider LJ VA Rider a Biweekly Payment Rider a Othet(a) 4P0OirY1. Legal Attached (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "ConununIty Association buns; fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Fund S Transfer " means any transfer of funds. other that a transaction :originated by cheek, draft, or similar paper instrument., which is initiated through an electronic terminal, telephonic instrument,,coinputer or magnetic tape so as to order, instruct, or midi-Mite a financial institution to debit or credit an account. Such term includes, but is not Jimilexl to, poini-of-tale tranSfers, automated teller machine (ranSaCtions, transfers initiated by telephone, wire transfen, and automated clearinghouse transfers. (1) "Escrow items" means those items that are described in SeCtiott 3. (M) "Miscellaneous Proceeds" means any c,ompensation, settlement, .award of data-ages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) or (i) damage to or destruction of the Property; .(ii) condemnation of ocher taking of all or any part of die Property; (Ili) conveyance in lieu of condemnation; or (iv) misrepresentations of or omissions as to, the Value and/or condition of the PrePeTY. (N) "MOetgage Insurance" means msurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) priocipal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instnunent, 41W6MPAl10son I IMO s mos mum m 6gyof n,/n-rt4et41 •,1.17•Get fl4 Peos 2 oil6 Form 3039 1101 C:1 IKARFRI Awn r.rn miry Inslit 200643461 - Page 2 of 17 .ten .n'e .= .n + "-. -a �•C' wA'! (P) "ftE,SPAI! means: die Real ,Estate Settlement Procedures Acv (12 Section 2601 et scq,) and ;its imptetnenting regulation; Rcgutation X (24 C.P.R. Parr 3500), :'As they might be amended from tarns to time, or any additional or successor legislation or;tegulation that governs the same subject matter. As. used in this Socurity Instrument; "RESPA" refers to all requirements and restrictions that are imposed in regard to a 'federally related mortgage loan" even if the Loan does not qualify as a 'federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County ['type of Recording Jurisdiction] of Cumberland (Name of Recording Jurisdiction]: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS OF RECORD. which currently has the address of 791 Tower Rd tStrcct] Enola [City] . Pennsylvania 17025 (zip Code] ( "Property Address "): TOLE THER WITH -all the improvements now or hereafter erected on the property, and casements. - appurlenarrees, and fixtures now or hereafter a part of the property. All reptacernents and additions shall also be :covered by this Security Instrument: All of the foregoing: is referred to in this Security Instrument' as the "Property;" Borrower understands and agrees that MFRS holds only legal title . to theqnterests grantcd,by Borrower in this Security Instrument, but, if necessary' to comply with:law or custom, MFRS ;(as norinrnee for Lender and ,ender's successors aors and assigns) .has the right: to exercise any or, all of 'those interests, including, bur not' limited to, the right to foreclose and :sell the Property; and to take any action required of Lender including, but not Iirnited to, releasing and canceling this SecurilY Instrument. t6A(PA) /assn i5(0 :7 P y t(ti. : rl IMRFRI AND COUNTY Inst.# 200643461 - Page 3 of 17 Pepe 3 of 18 Form 3039 1(01 n:iln7 /7111? 11•17•6n At�t BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to rnortgagc, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will, defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. ' THIS SECURITY INSTRUMENT combines uniform covenants for national use and non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Cbargee, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay ftintis.for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument. shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note tir this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are decried received by Lender when received at the location designated in the Note or at., such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if. the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time .such payments are accepted. If each Periodic Payment is applied as of its scheduled due date. then Lender need not pay interest on unapplied funds. Lender may hold such unapplled funds until Borrawermakes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, ,Lender shall either. apply such funds or return them to Borrower. If not applied .earlier, suer funds wiU be= applied to the outstanding principal balance under the Note tminediately prior to foreclosure. No offset or claim which Borrower might have now or in the future agaitsst Lender•shali relieve Borrower from malting payments due under the Note and this Security Instinmerit or.perforniing the covenants and agreements secured by this Security Instrument. 2. Application ,of Payments :or Proceeds. Percept as otherwise described in this Section 2, all payments accepted and applied by Lender shalt be applied in the following order of priority: (a) interest due under the Note; (b) principal due tinder the Note:. (c) amounts due under Section 1 Sucb payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment: which includes a sufficient amount to pay any late charge.due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment.rrceived from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 41111-6AIPAI roao21 Ill 141111111111 11 1 /P7/ Yin g Pepe 4 vi 15 Form 3030 1/01 CUMBERLAND COUNTY Inst,# 200643461 - Page 4 of 17 can be paid in full: To the extent that any excess exists after the payment is_;applied 'to the full payment of one or more Periodic Payments, such excess may be applied ''to any late Charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to prinoipal due under ttie:Note shall not extend or postpone the due date; or change the amount; of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sutra .(the 'Funds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c). premiums for any and all insurance inquired by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any turns payable by :BoirowVer 10 Lender in lieu of the payment of Mortgage. Insurance premiums in accordance With the provisions of Section 10. These items are called ' Escrow Items," At origination br at any tine during the term of the Loan, Lender . may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by .Borrower, and such dues, fees and assessments shall be an Escrow Item, Borrower shall promptly funiish to Lender all notices of iamounts to t cpaid under this Section. Borrower shall pay Lender the Funds for Escrow Items ubless Lender waives Borrower's obligation to .pay the Funds for any or all Escrow Items. Lender may waive Borrower's 'obligation to pay to Lender Funds for any or alt. Escrow' Items at any time. Any such waiver may only he in writing. in the event of such waiver; Borrower shalt pay directly; When and where payable, the amounts due for any Escrow ltrms (of which payment of Funds has been waived by Lender and if nLencler requires, shall furnish to Lender receipts evidencing such payment Within such time period as Lender may require, Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement' is used in Section 9, If Borrower is obligated to pay Escrow Items directly; pursuant to .il waiver, and. Borrower fails to pay the amount due for an Escrow liens, Lender may exercise its rights under Scheid° 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by .a ,notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may at any time, collect and bold Funds .in an amount (a) sufficient to perniitLender to apply the Funds at the time specified under RESPA, and (b) not to excel d the maximum amount a lender can require under RESPA. Lender shall 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 institution whose deposits arc insured by a federal •agency, . instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal.liomc Loan Bank. Lender shall apply the Funds to. pay the Escrow Items no later than the time sp ud under RESPA. Lender shall not charge Borrower for bolding and applying the Funds. annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the. Funds and Applicable Law permits Lender to make such a charge. Unless an .agreement is .made in writing or Applicable Law requires interest to be paid on the rands. Lender shalt not be required to pay Borrower any interest or earnings en the Funds Borrower and Lender can 'agree in writing, however, that 'interest 'Ware 411I- $A(PA) 1aso2r li j111111L1YJ1ll1 I:IWl1111 /97(1 c/qa y Page of le L Form 3039 1/01 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA, if there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. if `there , is a shortage of Funds held, in escrow, as defined under RESPA, Lender shall notify Borrower as .required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more. than 12 monthly payments, If there is a deficiency of funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by .RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12. monthly payments. Upon payment in full of all sums secured by this Security Instrument, .Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents On the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extern that these items arc Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge ' any lien which has priority over this Security .hrstrumeot unless Borrower: (a) agrees in writing to the payment of thcobligation secured by the lien in a manner acceptable to Lender; but' only so long as Borrower is performing such agreement; (b) contests the Lien in good faith . 3)Y, or defends against enforcement of the lien in, legal proceedingSWhich in Lender`s opinion operate to prevent the enforcement of the lien while -those proceedings are.panding, but only until such proceedings are concluded; or (c) secures fmni the holder of the lien an agreement satisfactory to Lender subordinating. the lien to this Security Instrument. If Lender determines that any part of the Property is subject to alien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one Or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by .Lender in otinnection with this Loan. 5: Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property iosured against loss by tire. hazards included within the teen "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by 'Borrower subject to Lender's right to disapprove Borrower's choice, Which right shall not be exercised .unreasonably. Lender may require Borrower to pay, in connection with this Loan.. either: (a) a .one-time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification seervices and subsequent charges each time tcinappings or similar, changes oecut Which' reasonably might .affect such determination or certification. Bermwer shall also be responsible for the ,payment of any fees imposed by the Federal Farnergcuey Management Agency in connection with the review of any flood zone:deterirsiiiation resulting from an objection by Borrower. t - 6A(PA1 10602) , M! 1111111 111111 /779 Page 8of16 n IMRFRI ANTI COUNTY Form 3039 1/01 Ins1.# 200643461 - Page 6 of 17 If Borrower fails to maintain any of the coverages described above, Under may obtain insuranee coverage, at 'Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular .type or atnount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property; or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance Coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed. by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrtuttent, These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and r'a'lewals of stroll policies shall be subject to Leader's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional Ions payee, Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to or destruction of the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additionai loss payee. In the event of Toss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made prornptly'by Borrower. Unless Lender and Borrower otherwise agree in writing.. any insurance proceeds, whether or not the underlying insurance was ,required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the fight to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that: such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed: ,Unless an agreement it node in writing or Applicable Law requires interest to be paid on such insurance proceeds. Lender shall not be required to pay Borrower any interest or earnings on such proceeds, Fecs for .public adjusters, or other third parries, retained by Borrower shall not be paid out of the insurance -proceeds_and Shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the stuns secured by this Security Instrument, whether or not then due, with . the excess, if any paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. if Borrower abandons the Property, Lender may file, negotiate and ;settle any available insurance ciatm and related matters. If Borrower dots not respond within 3D days to a notice froru. Lender that the insurance carrier has offered to settle .a claitta; then Lender may negotiate and settle the claim. The 30-day period will begin when the- notice is given. _In:cither event, or if Lender acquires the Property under Section 22 or otherwise, Borrower- hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to e.xcecd the amounts unpaid under the Note or this Security instrument, and (b) any other of Borrower's tights (darer than the right to any refund of ;mama] premiums paid by Borrower) under all insurance policies coveting the .Property, insofar as Such rights are applicable to the coverage of the Property. Lender may use.the insurance proceeds either to repair or restore the Property or re pay amounts 'unpaid under the Note or this Security Ins rwnent, whether or not then due. flik- 6A IPA I wren 1nhiab: Pipe 7 01 16 L Form 3039 1101 0. Occupancy, Borrower ;shall occupy, establith. :rind .use thc Property ,as Sorrow'er's principal residence:within 60 days after the execution of this Security Instrument and shall Continue to occupy the Property as Borrower's principal :residence for at least ,one year after die date of occupancy, unless Lender otherwise agrees in Writing, which cement shall not be Unreasonably :Withheld, or listless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow :the _Property ID :deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain:the Property in order to prevent the Property from deteriorating or decreasing in value due wits condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economicallyteitible. Borrower shall promptly repair the Property if damaged to avoid •further _deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to; or the taking, of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has releauxl proceeds for such purposes. Lender may disburse proceeds for the repairs and 'restoration in a single payment or in a series of progress paymentslas the Work is cornplered. Ville insurance or condemnation proceeds are not sufficient to repair or restore the .PrOpetty,- Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Applic:ation. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities • 'anting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, mitleading, or inaccurate information or statements to Lender (or failed to -provide Lender with material inforniatiar) in connection svitb- the laian. Material representations :include, but arc not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument- If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument., (b) there is a legal ,proceeding that might significantly affect Leaider's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien Which may attain priority over this Sonority instrunient. or to -enforce laws or regulations). or (c) Borrower has abandoned the Property,iben Lender may do and pay for whatever is reasonable or appropriate to protect Lender's 'interest in the Property and right t under this. Security, Inttrument, including protecting and/or assessing diesWee of the Property, and sewing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which bas priority over this Security instrument; (b)._ appearing in court; and (c) paying reasonable attorneys fees to protect its interest in the Property arid/or rights under this Security Insteument, including its secured .position in a bankruptcy proceeding. Securing the Property includes, but .is not limited to entering the Property to make repairs, change locks, replace ofbeard up doors and Windews, drain water from pipes; eliminate building or other code violations or dangerous conditions, and have Utilities turned on or off. Although Lender may take'actienunderthis Section 9, 1...eude.r does not 'have to do so and is curt under any 'duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or :all actions authdriaed under Thit -8AIFAI tO 60 21 1974( v76-7 I *I L eve. ot is Form 3039 1/01 t:IlhARFRI ANn COUNTY Inst.* 200643461 - Page 8 of 17 Any amounts disbursed by Lender under this Section 9 shell become additional debt -of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain-the Mortgage Insurance in effect. if, for any reason, the. Mortgage Insurance coverage required by Lender ceases to be available from the Mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums' for Mortgage Insurance; Borrower . shall pay 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 selected by Lender, it substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments:that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these + payments as a non - refundable less reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full; and Lender shall not be required to pay Borrower any interest or earnings:on such loss reserve. Lender can no .longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by-Lender again bocolnes available, is obtained, and Lender requires separately designated payments toward the pre mutes for Mortgage Insurance: If Lender required Mortgage Insurance as .a condition of making the Lan and Borrower was required to make separately designated payments toward the premiums for ,Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage insurance in effect, or to provide a non- refundable loss reserve, until Lender's requirement for Mortgage Jnsurance ends in accordance with any written agreement between Borrower: and Lender providing for such termination or until termination is required by Applicable i..aw. Nothing in this Section 1O affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower 'does not repay the :Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all swell-insurance in force from time to tiinsa and may enter into agreements with other parties that share or modify their risk, or reduce tosses. These agreerrrcnts are on terms and conditions that are satisfactory 10 ,the mortgage.insurer and the other party (ox parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements. Lender, any :purchaser of the Note, another insurer, any remusurvr, any other entity, or any affiliate of any of the foregoing, ihay,receive (directly or indirectly) amounts.that . derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides. that an affiliate of tender takes a share of the insurer's Tisk in exchange for a share of the primiums'paidto the insurer, the arrangenient:is often termed "captive reinsurance." Further:: (a) Any such agreements will not affect the amounts that Borrower hu .agreed to pay for Mortgage Insurance, or.nny other terms of the Loan. Such agreements will not'inereease the amount Borrower will Mae .for Mortgage Insurance, .and they will not entitle Borrower to any refund. figt-BA (PAT oso2) �lle'I* illhI >hI1 NM pa- cra eh e Ppe6 of 16 (.I IMAFRI AND COUNTY IWtl►tio Fenn 3039 1101 !est.i/ 200643461 - Page 9 of 17 mr117r7111? 11• 17 cn non (b) .Arty such agreements Will not effect the ,rigltis Borrower has - if any - with respect to the tvfortgagc Insurance under the Homeowners Protection. Act of 1998 or any other law. These rights may .Include the right tit reaelve certain eliseloatireS , can to request and obtain eeliation of the Mortgage Insurance; to have the .Mortgage Insurance germinated automatically, and/or to receive a refund of any Mortgage insurance, pren1urtrs that were unearned at the time of such cancellation or termination. 11. Assignment of Mlllaaeous Premeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to lender. If the Property is damaged, stick Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not''1essened.. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until :Lender has had an oppettneity to inspect such Propelly'to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in :a series of progress payments as the work is -completed. Unless an agreement is in writing: or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not econornicallyfeasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security.Instruntent, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. I the event of a partial. taking, destruction, or loss tit value of the Property in which the fair market value of the Property immediately before the_ partial taking; destruction, or loss in value is equal to, or greater than the amount of Me suits seemed by this Security iastntmenr `irumcdiatcly before the partial taititg; .destruction,, or loss .in value, unless Borrower and tender otherwise agree in writing, the sums: secured by this 'Security Insunaent shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by '(b) the fair market vain° of the Property - 'immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking; destruction, or loss in value of the Property in which the fair market Nigro of.lite Property immediately before the partial taking, destruction, or loss in value, is less than the Amount :of. the sums secured immediately before the pardal taking, destruction, . or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be-applied to the sums ;secured b):;this Security' instrument whether or not the sums are then due. If the Property is abandoned liy Borrower, or if after notice by Lender to Borrower that the ;Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrowver'fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized . to.;collect. and apply the Miscellaneous Proceeds either to .restoration or repair of the Property or to the sums secured by this Security l;nstrurnent, whether or not that due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action .in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture .of the Property or other material impairm.cnt of Lender's ititerrest in the Property or rights'under.this Security Instrument. Borrower can cure such a default and, if •acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be - 6A(PA) rososf 111111UNIMM11111111111119 • clyd uu,iwe: - v Pee I O of 16 Form 3039 1/01 CUMBERLAND COUNTY InsL# 200643461 - Page 10 aft ditmissed' with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other. material impairment of Lender's interest in the Property or tights under this Security .instrument, The proceeds of any award ar claim for damages that are attributable to the impair-Merit of Lender's interest in the Property are hereby assigned and shall be paid to Lender: Al] lviiscellartedus Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12 Borrower Not Reit:steed; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the stuni Scented by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate 16 release the liability of-Bonewer or any Successors :in Interest of Borrower, Lender shall not be required to commence proceedings against. any -Successor in Interest of Borrower or to :refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or -any SuccesSors.in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy irteluding, without llxrutauon Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower ar in amounts less than the amount then due, shall not be a waiver of or PtectUde the exercis e of any or remedy. Joint and Several ',lability; Cosigner ts; Successors and Assigns Bound. Borrower covenants" and agrees that Borrower's obligations -and habiluy hstfl bc joint and Several. However, any Borrower who co-signs this. Security Instrument but does net execute the Note (a "co-signer): (a) is co-signing this Security Instrument only to :mortgage, grant and convey the co-signer's interest in the Property under the, toms of this Seeurity Mullane:it; (b) is -not. personally obligated to pay the sums secured by this Security Instruinentr and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without he co-signer's consent. Subject to the provisions of Section IS, any .Successor in Interest of Bon-ewer who assumes Borrower's obligations.under this Security Instrument in veiling, and is approved by lAnder, shall obtain all of Borrower's rights and benefits. under this Security Instrument. Borrower shall not be releases! front Borrower's obligations and liability under this Security Instrumesst unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section.20) and benefit the successors and assigns of Lender. 14. Lean .Charges. Lender may charge Borrower Tees for services performed in connection with Borrower's default, for The purpose of protecting Lender's interest in the ProPetty and rights under this Sectititylestrument, including, but not limited to attorneys' fees, property inspection .and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition an the charging of such fee, Lender :may not charge fees that are expressly prohibited by this Security Instrument or by Applicable L.aw, 'If the Loan is subject to a law which sets Maxiniurn lop charges, and that law iS finally interpreted so that the interest or other loan charges collated or to be collected in Connection with the Loan excacd the permitted 'IMO, thee: (a) any such low charge shall he reduced by the amount necessary to reduce the charge to thepermitted Jimit; and (b) any sums :already- collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this reflud by reducing the principal owed under the Note or by making a direct payment to Borroarer. If .a refund reduces principal, the: reduction will be treated as a partial; prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower s acceptance of any such :roftind made by direct payment to Borrower will constitute a waiver of any right-of tion Borrower might have arising out of such overcharge. 1S. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 4/143A(PA )1°5" 1111111111111111111111111U1 1779 (Itil Pop 11 at 10 Form 3030 1/01 r 1 1114RFP1 aNn c01INTY Inst.fl 200643461 - Page 11 of 17 have been given to Borrower when, mailed by first class Inail or when actually delivered to Boirewcr's; notice address if sent by other means: Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. 'The notice address shall be the Property Address. unless Bozrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address.. If Lender specifics a .procedure for reporting Borr'ower's change of address, then Borrower only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument :at any one time Any notice to Lender shall be given by delivering it or by mailing n by first ciass mail to Lender's address 'stated .herein unless L ender has designated another address by notice to Borrower, . Any notice 'in connection with this Security Instrument sluillnot be deemed to have been given to Lender until actually received by Lender, If any notice required: by this Security Instrument is also required under:Applicablc Law. the Applicable Law requirement will satisfy the corresponding requirement under this Security- Insult Menu, 16. -Governing Law; Severabllity; Rules of Construction. This Security Instrument sitatl bd governed by federal law and the taw of the jurisdiction in which the Property is located. All rights and obligations contained in this Security instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall nor: be constnted as a prohibition against agreement by contract. In. the event that any .provision or clause of this Security Instrument ur the Note conflicts with Applicable Law, such confliet shall not affect otherproVisions of this Security Instrument or the Note which -can be given effect without the conflicting provision. As used in this Security Instrument: (a) Words of the masculine :gender .shall mean and include corresponding neuter words or words of the feminine gender; (h) words in the singular, shall mean and include the plural and vice; versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17: Borrower's Copy. Borrower shall be,given one copy. of the Notc`and of this Security Instrument. 18. Transfer of the Property or a ..Bliadieltd.Interest In :Borrower. As used in this Section 18, "Interest in the Property" means any legal or.benefici*1 interest in the Property, including, but not limited to those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the:intent of which Is she transfer of title by Borrower at a funire date lea a purchaser.: If all or any pan of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be citcreised by tender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration, The anti= ,shall provide a period of not less than 30 days -from the date the notice is given in accordance with Section 1$ within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this. period, dander may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Relnatrtte Attes .Acoeleratlon. If Borrower rnccts certain conditions. Borrower shall , have the right to have enfotcernent of this Scatrity Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any. power of sale contained in this Security Instrument; (b) such other period as Applicable' Law might specify for the termination df Borrower's right to reinstate; or (c) entry of jirdgmcnt, enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrurrtent and the Note- as if no acceleration had odcurred; :(b) cures any defau*t of any other covenants or t teAi ;pA110802) ny `` 11 i t 1a#Ii ■e_ Pop 12 M 16 3039 1(01 r� IMRFRI ANr) f.r)I INTY hat/200543461- Page 12 of 17 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees. and otter fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security instrument, shall continue unchanged. Lender may requlro that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Se vlatr, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the 'Loan Servicer) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgagee loan servicing obligations under the Note, this Security Instrument, and Applicable Law, There also might be one or more changes of the Loan Servicer tmrelated to a sale of the Note. If there is a change of the Loan Servicer. Borrower will be giver] written notice of the change which will state the name and address of the new Loan Scrvicer, the address to whirl] payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join. or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's anions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) 'Hazardous Substances' arc those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health. safety or environmental protection; (c) 'Environmental Cleanup' includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition' means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. +t- 6A(PAI I-1 y !I IiI1IIH111 ay iL{ rir a- Pao013 w 1 e Fwm 3039 1101 1 r'i lMR Rl ANr1 COUNTY Insl.# 200643461 - Page 13 of 17 $orrower shall not cause or permit thepriaence; use, disposal, storage, or release of any Hazardous Substances, or threaten-to release any Hazardous Substances, on or in the Property+, Borrower shall not do, nor allow anyone else to do, anything affecting tile. Property (a) that is in violation of any Enviromncntal. Law, (b) which creates an Environmental Condition, ar (c) which, due to the preseuoe; use, or release of a. Hatardous,Substance, creates a condition that adversely affects the value of the Property. The preceding' two sentenees shall not apply to the presence, use, or storage on the Property of .small quantities of Hazardous Substances that are generally recognised to he appropriate to normal residential uses and ..to maintenance Of the Property (including, but not limited to hazardous substances hi consumer products). Borrower shalt promptly. give Lender written notice of (a) any investigation, claim, demand, lawsuit orothcr action by any governmental or regulatory agency or, private party Involving the Property and any Hazardous. Substance or Environmental Law of which .grower has actual knowledge, (b) any Environmental Condition, including but not limited to any "spilling, leaking, discharge, release or threat of release of any .Hazardous Substance, and (c) any condition caused by the presence; 'use or release of a' Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party. that any removal or other remediation of any hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary . remedial; actions ;in accordance with Environmental Law. Nothing .herein shall create 'any .obligation on. Lender for an Environmental Cleanup. NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows, 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agretmant: In tills Security Instrument (but not prior to :ac eration under^ Section IS unless Applicable Law providers otherwise). Lender shalt notify Borrower of among other things: (a) the iiefault, (b) the action required to cure the default; (c) when the default :most be eur'ed, and (d) that failure '.to: rurle the default as spp�ed�?fled may result is ateeteratlon of the sums secured by this Serrity Instrument, forecioaWe by JtxMdal proceodilrtg and sale of the .Property. Lender shall riartMr inform Borlrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceedbtg thenora-crittence of a default or any other defense, of Borrower to acceleration and rortldorture. If the default is not cured as *pedfiod, Leader at its 'option may require. Immediate payment in full of all hums :secured by this Seeaxity Instrument without further demand and may foreclooe this Security Inatrttnset t by judicial proceeding. Lender Shill be entitled to collect all expens lacuna! in the remedies provided in this Section 22, including, but'not limited to, attorneys' fetes -and coats of title evidence to the c xtent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this 'Security instrument, this Security Instrument and, the estate conveyed shall terntinate and become void. Mier such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs.. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the i aarging of the fee is permitted under Applicable Law. tit; 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 tine, exemption from tutaebmcnt, levy and sale; and homestead exemption. l.§. Rdnatatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this - Security Instrument. 26, Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage:. 27. laterest Rate After judgment. Borrower agrees that the interest rate payable after a judgment is entered on the :Nom Or in an action of mortgage foreclosure shall be the rate payable .from tense to dote . under the Note. et- BAIPA) Iosoaa n7m717(14: 41.47 -Aft AAA efctr ,141141: Pepe 14 e1 10 L_ Form 3039 1/01 7 a;tIMAF.RLAND COUNTY Inst.# 200643461 - Page 14 of 17 I. Name and. II. Address of Sender PHS NUMBER: 293414/1197 111. Phelan Rallinan fi•Schmfeg, LLP One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 Line Article Number Name of Addressee, Street, and Post Office Address t 1 JSG / 293414/1197 DOMINICK KOHOUT PO BOX 522 SUMMERDALE, PA 17093 -0522 2 JSG / 293414/1197► DOMINICK KOHOUT 791 TOWER ROAD . ENOLA, PA 17025 -1337 EtOZ Mr'ir;:o JSG / 293414/1197 DOMINICK KOHOUT 340 EAST PENN DRIVE ENOLA, PA 17025 -0000 . 4 5 6 7 8 ' . Gir'e - wriwer'r - _•.,.- ---.., p ACT LETTERS Total Number of Pieces Listed by Sender + atNumbcr of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) • The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900,S913 and S921 for limitations of covera:e. Form 3877 Facsimile BankafAmerica Home Loans Loan Number: Statement Period: Date Prepared: 01/1986 - 03/2014 03/13/2014 Property Address: 791 TOWER RD ENOLA, PA 17025 Page 4 Transaction Description Date Total PMT /Mo Principal Interest Escrow Optional Buydown Late Charges Unapplied Payment Balance Balance Total Total Beginning Balance 395,675.59 12/28/2006 INVESTOR REVRSAL - 2,535.80 12/2006 12/28/2006 INVESTOR PAYMENT 2,535.80 01/2007 02/16/2007 REGULAR PAYMENT 2,535.80 02/2007 02/22/2007 PAYMENT REVERSAL - 2,535.80 01/2007 02/23/2007 REGULAR PAYMENT 2,535.80 02/2007 02/23/2007 MISC. POSTING 126.79 02/2007 03/16/2007 REGULAR PAYMENT 2,535.80 03/2007 04/16/2007 REGULAR PAYMENT 2,535.80 04/2007 05/16/2007 REGULAR PAYMENT 2,535.80 05/2007 06/15/2007 REGULAR PAYMENT 2,535.80 06/2007 07/16/2007 REGULAR PAYMENT 2,535.80 07/2007 08/16/2007 REGULAR PAYMENT 2,535.80 08/2007 09/17/2007 REGULAR PAYMENT 2,535.80 09/2007 10/16/2007 REGULAR PAYMENT 2,535.80 10/2007 11/16/2007 REGULAR PAYMENT 2,535.80 11/2007 12/17/2007 REGULAR PAYMENT 2,535.80 12/2007 01/16/2008 REGULAR PAYMENT 2,535.80 01/2008 .00 .00 - 349.41 - 2,186.39 .00 .00 .00 .00 .00 396,025.00 .00 .00 .00 349.41 2,186.39 .00 .00 .00 .00 .00 395,675.59 .00 .00 .00 351.34 2,184.46 .00 .00 .00 .00 .00 395,324.25 .00 .00 .00 - 351.34 - 2,184.46 .00 .00 .00 .00 .00 395,675.59 .00 .40 .00 351.34 2,184.46 .00 .00 .00 .00 .00 395,324.25 .00 .00 . .00 126.79 .00 .00 .00 .00 .00 .00 395,197.46 .00 .00 .00 353.98 2,181.82 .00 .00 .00 .00 .00 394,843.48 .00 .00 .00 355.93 2,179.87 .00 .00 .00 .00 .00 394,487.55 .00 .00 .00 357.90 2,177.90 .00 .00 .00 .00 .00 394,129.85 .00 .00 .00 359.88 2,175.92 .00 .00 .00 .00 .00 393,769.77 .00 .00 .00 361,86 2,173.94 .00 .00 .00 .00 .00 393,407.91 .00 .00 .00 363.86 2,171.94 .00 .00 .00 .00 .00 393,044.05 .00 .00 .00 365.87 2,169.93 .00 .00 .00 .00 .00 392,678.18 .00 .00 .00 367.89 2,167.91 .00 .00 .00 .00 .00 392,310.29 .00 .00 .00 369.92 2,165.88 .00 .00 .00 .00 .00 391,940.37 .00 .00 .00 371.96 2,163.84 .00 .00 .00 .00 .00 391,568.41 .00 .00 .00 374.02 2,161.78 .00 .00 .00 .00 .00 391,194.39 .00 .00 .00 vOZSUMHOUdUD 91:9 DTOZ/CT/E 9G9g-D6Z-999 Bank of America Home loans Page 5 Transaction Total Principal Description PMT/Mo Date Payment Balance Interest Escrow Late Charges Unapplied. Optional Buydown Balance Total Total 6 02/15/2008 REGULAR PAYMENT 03/17/2008 REGULAR PAYMENT 04/16/2008 REGULAR PAYMENT 05/16/2008 REGULAR PAYMENT 06/16/2008 REGULAR PAYMENT 07/16/2008 REGULAR PAYMENT 08/15/2008 REGULAR PAYMENT 2,535.80 02/2008 2,535.80 03/2008 2,535.80 04/2008 2,535.80 05/2008 2,535.80 06/2008 2,535.80 07/2008 2,535.80 08/2008 09/16/2008 REGULAR PAYMENT 2,535.80 09/2008 10/16/2008 REGULAR PAYMENT 11/17/2008 REGULAR PAYMENT 12/16/2008 REGULAR PAYMENT 01/16/2009 REGULAR PAYMENT 02/17/2009 REGULAR PAYMENT 03/16/2009 REGULAR PAYMENT 04/16/2009 REGULAR PAYMENT 05/15/2009 REGULAR PAYMENT 06/16/2009 REGULAR PAYMENT 2,535.80 10/2008 2,535.80 11/2008 2,53 .80 12/2008 2,535.80 01/2009 2,535.80 02/2009 2,535.80 03/2009 2,535.80 04/2009 2,535.80 05/2009 2,535.80 06/2009 376.08 2,159.72 390,818.31 378.16 2,157.64 390,440.15 380.25 2,155.55 390,059.90 382.34 2,153.46 389,677.58 384.46 2,151.34 389,293.10 386.58. 2,149.22 388,908.52 388.71 2,147.09 388,517.81 390.86 2,144.94 388,126.95 393.02 2,142.78 387,733.93 395.19 2,140.61 387,338.74 397.37 2,138.43 386,941.37 399.56 2,136.24 386,541.81 401.77 2,134.03 388,140.04 403,99 2,131,81 .00 385,736.05 .00 406.22 2,129.58 .00 385,329.83 .00 408.46 2,127,34 .00 384,921.37 .00 410.71 2,125.09 .00 384,510.66 .00 .00 .00 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 00 .00 .00 .00 .00 .00 .00 .00 .00 Wd Z5:9T:9 DTOZ/ET/2 .00 .00 .00 .00 .00 '0 .00 .00 .00 > 0 .00 .00 00 .00 .00 rri .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 %... o o .00 .00 .00 .00 .00 cn .00 .00 .00 .00 .00 .00 ,00 .00 .00 .00 .00 .00 .00 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 859S-D6Z-888 Bankof America Home Loans Page 6 Transaction Total Description Date Payment PMT/Mo Principal Balance Interest Escrow Late Charges Unapplied Optional Buydown Balance Total Total : • r 06/29/2009 INVESTOR REVRSAL -2535.80 05/2009 -410,71 -2,125.09 .00 .00 .00 .00 .00 384,921.37 .00 .00 .00 06/29/2009 INVESTOR PAYMENT 2,535.80 06/2009 410.71 2,125.09 .00 .00 .00 .00 .00 384,510.66 .00 .00 .00 07/16/2009 REGULAR PAYMENT 2,535.80 07/2009 412.98 2,122.82 .00 .00 384,097.68 .00 08/17/2009 REGULAR PAYMENT 2535.80 08/2009 415.26 2,120.54 .00 .00 383,682.42 .00 09/16/2009 REGULAR PAYMENT 2,535.80 09/2009 417.55 2,118.25 383,264.87 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 10/16/2009 REGULAR PAYMENT 2,535.80 10/2009 419.86 2,115.94 .00 .00 382,845.01 .00 11/16/2009 REGULAR PAYMENT 2,535.80 11/2009 422.18 2,113.62 .00 .00 382,422.83 .00 12116/2009 REGULAR PAYMENT 2,535.80 12/2009 424.51 2,111.29 .00 .00 381,998.32 .00 01/15/2010 REGULAR PAYMENT 2,535.80 01/2010 426.85 2,108.95 .00 .00 381,571.47 .00 02/16/2010 REGULAR PAYMENT 2,535.80 02/2010 429.21 2,106.59 381,142.26 03/16/2010 REGULAR PAYMENT 2,535.80 03/2010 431.58 2,104.22 380,710.68 04/16/2010 REGULAR PAYMENT 2,535.80 04/2010 433.96 2,101.84 380,276.72 05/17/2010 REGULAR PAYMENT 2,535.80 05/2010 436.36 2,099.44 379,840.36 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 00 .00 .00 .00 VOZSEWHOUdU3 Wd n:9T:9 DTOZ/CT/E .00 .00 .00 .00 .00 'LI .00 .00 .00 > 0 .00 .00 .00 ' .00 .00 trl .00 .00 .00 .00 .00 .00 .00 .00 01 .00 .00 .00 ■... 0 0 .00 .00 .00 .00 .00 0) .00 .00 .00 06/16/2010 REGULAR PAYMENT 2,535.80 06/2010 438.76 2,097.04 .00 .00 379,401.60 .00 07/16/2010 REGULAR PAYMENT 2,535.80 07/2010 441.19 2,094.61 378,960.41 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 08/16/2010 REGULAR PAYMENT 2,535.80 08/2010 443.62 2,092.18 .00 .00 378,516.79 .00 09/16/2010 REGULAR PAYMENT 2,535,80 09/2010 446.07 2,089.73 .00 .00 378,070.72 .00 .00 00 .00 .00 .00 .00 .00 .00 .00 89- 176Z-888 Bankof America Home Loans Page 7 Transaction Description Total Date Payment PMT /Mo Principal Balance Interest Escrow Balance Optional Buydown Late Charges Unapplied Total Total • 10/15/2010 REGULAR PAYMENT 11/16/2010 REGULAR PAYMENT 12/16/2010 REGULAR PAYMENT 01/18/2011 REGULAR PAYMENT 02/16/2011 REGULAR PAYMENT 03/16/2011 REGULAR PAYMENT 04/15/2011 REGULAR PAYMENT 05/16/2011 REGULAR PAYMENT 06/16/2011 REGULAR PAYMENT 07/15/2011 REGULAR PAYMENT 04/17/2012 COUNTY TAX PMT 04/17/2012 CITY TAX PMT 08/29/2012 SCHOOL TAX PMT 03/18/2013 CITY TAX PMT 04/24/2013 ADDL INS PMT 06/05/2013 HAZARD INS PMT 08/20/2013 SCHOOL TAX PMT 2,535.80 10/2010 448.53 2,087.27 .00 .00 .00 .00 .00 377,622.19 .00 .00 .00 2,535.80 11/2010 451.01 2,084.79 .00 .00 .00 .00 .00 377,171.18 .00 .00 .00 2,535.80 12/2010 453.50 2,082.30 .00 .00 .00 .00 .00 376,717.68 .00 .00 .00 2,535.80 01/2011 456.00 2,079.80 .00 .00 .00 .00 .00 376,261.68 .00 .00 .00 2,535.80 02/2011 458.52 2,077.28 .00 .00 .00 .00 .00 375,803.16 .00 .00 .00 2,535.80 03/2011 461.05 2,074.75 .00 .00 .00 .00 .00 375,342.11 .00 .00 .00 2,535.80 04/2011 463.60 2,072.20 .00 .00 .00 .00 .00 374,878.51 .00 .00 .00 2,535.80 05/2011 466.16 2,069.64 .00 .00 .00 .00 .00 374,412.35 .00 .00 .00 2,535.80 06/2011 468.73 2,067.07 .00 .00 .00 .00 .00 373,943.62 .00 .00 .00 2,535.80 07/2011 471.32 2,064.48 .00 .00 .00 .00 .00 373,472.30 .00 .00 .00 - 2,264.97 07/2011 .00 .00 - 2,264.97 .00 .00 .00 .00 373,472.30 -2 ,264.97 .00 .00 - 908.71 07/2011 .00 .00 - 908.71 .00 .00 .00 .00 373,472.30 - 3,173.68 .00 .00 - 3,000.99 07/2011 .00 .00 - 3,000.99 .00 .00 .00 .00 373,472.30 - 6,174.67 .00 .00 - 958.46 07/2011 .00 .00 - 958.46 .00 .00 .00 .00 373,472.30 - 7,133.13 .00 .00 - 713.54 07/2011 .00 .00 - 713.54 .00 .00 .00 .00 373,472.30 - 7,846.67 .00 .00 - 713.46 07/2011 .00 .00 - 713.46 .00 .00 .00 .00 373,472.30 - 8,560.13 .00 .00 - 3,090.32 07/2011 .00 .00 - 3,090.32 .00 .00 .00 .00 373,472.30 -11,650A5 .00 .00 vOZSg11H3UdU9 Wd Z5 :9T :9 tTOZ /£T /£ 900/9 3DVd 8595 -T76Z -888 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower (Seal) (Se) - Borrower - Borrower al) (Sc) uet B6rrower (Seal) - Borrower -6AIPAI to5O2l Pip. 15 al 18 - (Seal) - Borrowar Form 3039 1/01 4 7 cc C71 Ih4P RI ANf) COUNTY Inst.# 200643461 - Page 15 of 17 COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: On this, the 10th day of November, 2006 undersigned officer, personally appeared Dominick Kohout, a single man , before me, the known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: I 0 Certificate of Residence 1, , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Agent 0 Form 3039 1/01 Witness my hand this 0 day of NAV a 43A(PA) moo2) pi isimmiumitimailium NO 18 of IS e•I IRAOCOI "{mil rev 'MTV • Inst.ri 200643461 - Page 16 of 17 /19L4?M11.11 11.11,gA AAA EXHIBIT A - LEGAL DESCRIPTION Tax ID Number: 00- 11300e-024 Land situated In the Township of East Pennsboro to the County of Cumberland in the State of PA -tiediiwitila A 1 A Otf!I't C N' O Llltit3S Nt?1d11. t t4_%A T NCt: or a10 77 FE `I'<3 Ati ti NLUTES:8•SEGANDS TTA O$STANCl nieNeE Asa LAND sow tA 0: MINUTES 61 tECO$ of * ... . Nam SID€ OF 1 CO4ft7SES AND DISTANCES *C CE or 120.19 :1 =EET; A URVE t O ThE t Fri HA f, AN Aft-0 LENGTH F¶$ ET, OUTitt 14. DE A oiSTANt epr3!4.i' ttel.,70 Toe :BE Commonly known es: 791 Tower Rd, Enola, PA 17025 ROAtr ATTHE EASTERN IENCE ALONG BLAND NOW OR 1 sett?Nt ti ly this to be recorded ;; Cumberland County PA B 19 7 4 PG 4 416 Recorder of Deeds f t tMRFRI AND COUNTY Insl# 200643461 - Page 17 of 17 PHELAN HALLINAN, LLP I3Y: D. TROY SELLARS, ESQUIRE Identification No: 210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1360 troy.sellarsgplielaiihallindn.coin BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024, Plaintiff, VS. DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337, Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Civil Division NO. 13-2072-CIVIL CERTIFICATE OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via first class mail to the person(s) listed below on the date indicated: STEVEN P. MINER, ESQUIRE 635 N. 12TH STREET SUITE 101 LEMOYNE, PA 17043 DATE: February 27, 2014 PH#787235 D. Troy S Attorney for Plaintiff Exhibi "F' ACT 91 NOTICE TAKF, ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: January 3, 2013 DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337 DOMINICK KOHOUT 340 EAST PENN DRIVE ENOLA, PA 17025 DOMINICK KOIIOUT PO 130X.522 SUMMERDALE. PA 17093-0522 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our firm. If you notify our office in writing within the thirty (30) day period that the debt or any ,portion thereof is disputed, we will obtain and provide you with verification of the debt by mail. Upon your written request within the thirty (30) day period, our office will provide you with the name and address of the original eredi.tor, if different from the current creditor. "it's ' • eeific ).rination .. .. . `t: slit default. andtheie uii bcn uriofth ileta • its.tolorter eS. tIiVGW ) ER'S EMERGENCY MORTGAGE•ASSISTAAVXMOGRANI: IIEMAR this bov the PtOgtittii. wt :0 tt tteiStAP • ou mit.4.mteri.• T :A CONSUMER .CREDIT: COU.4NK1 1NC .A(1 DAYS O • YT11C1 ..Ta Willi Oz.* When Voltuiett with:the:CO THEW bt.,; nameddross and:.photi4Jittattet :Of IcOnInithersOitdit.f:1boase ..pg.A.gontios:.$oryitvicilitCquilly. 17,i st:61 at.the cad. of this Notje. Iyou .: ave. 'my que.s4on.s,,yo u may call: the Penns .i.iyapip,-15.00,gng:.Finarice A4geAcy, toll fr%& at 1400 • 2-2W7 (Poiis.ih : 780;16:9).. Iin :A ORM% This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. 1 LA NOTI:FICACIUN EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCI(3N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN P.RISTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DOMINICK. KONOUT PROPERTY ADDRESS: 791 TOWER ROAD, ENOLA, PA 17025 -1337 LOAN ACCT. NO: ORIGIN AL LENDER: QUICKEN LOAN, INC. CURRENT LENDER/SERVICER: BANK OF AMERICA, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU.MAY BEPLIG BLEJ'OR,kINANCI.AL ASSISTANCE WHICH' CAN SAVE.' Qi.tt HOME FROM FORECLOSURE. AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSITANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY.- MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER. ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for. nnai.ling).. During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice.' I I'I Imo' t Ill Iw I'IN v} MU',1'. OCCUR 'wants nt 111 [RI TA. [U I E: (33) DAYS Qrr '1'.I I I> :DA;l • NOTICE IF. :YOU: I' C) Nt)T. APPLY. F'OR .LME RGENCY RTGAGL A; SI STA.NCE. ' OU M st ikIN i YOUR UP 10 DATE.. TBF ' > T OF IBIS NOT1C.FCA.LLE D.. "I4OW .TC:) CURE YOt IIZ QRTCs.AQTF 'DEFAULT'', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the l.e.nder may NOT take action .against you for thirty (30) days after the date of this meeting. 1Th iu )ev; aifcli s ejw el hunm; :itl9 ......s. <rf designate d trowel. €nf a 41 (01!t)xselirt nCieg :fie t •;w n#_in ; liicfr:,ti*Atop i Jo ie r1 :arm'cl. fiii33i al Lltu :et3tl 1„thi N1 tict It is only necessary to schedule one face -to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth. later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must till out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated .consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will .assist y:ou in submitting a complete application to Ilig..P.enusylvania Housing Finance Agency. To temporarily. stop the lender from filing a foreclosure action; :3?olu• :spptiCatini 'M. ;08 '.be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the cdtGir eking.. igen :cy, YOU SHOULD FILE A I-TEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND PILE AN APPLICATION WITH P1IFA WITHIN 30 DAYS OF TINT .MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". i` I f f 7'H,T NOM: 11 f A KEW ::tPPLICAFIOAT J JFEV Th . }rC, i ...;I EEallA i .I ?i MS.. A LATE .4PPLICAIION WILL NOT PREVENT THE LENDER FROM STARTING ,4 FORECLOSURE ACTION; BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANI' TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited.. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. Duripg that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. l \ T 0 7 E: IF YOU ARE CURRENTLY PROTECTED BY THE .l!•ILI \G OFA PETITION IN BANKRUPTCY, • T'HE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO. COLLECT TIIE DEBT. :...:..._h...... <If. ti have filed b►irik tti3teLv uu•.ean Still :apply for Eiif i< tqey.Mtt a e,Assustance4 OW;10 CURE .YOUR ..M ORTGAGE.:DEFAULT ..Q pit :.. it u i 6 date NATURE OF TI.IE DEFAULT— The MORTGAGE debt held by the above lender on your property located at: 791 TOWER ROAD, ENOLA, PA 17025 -1337 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08 /01 /2011 through I2/01/2012 at $2,535.81 per month 01 /01 /2013 through 01/01/2013 at $3,538.83 per month Monthly Payments Accrued: $46,647.60 Late Charges Accrued: $0.00 Property Preservation: $0.00 NSF: $0.00 Inspections: $0.00 Other (Please Specify): $0.00 Suspense: $0.00 Escrow Shortage: $5,1 71.47 TOTAL AMOUNT PAST DUE: $51,819.07 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not. use if not applicable.) . • .......... ............................... HOW TO CURE THE DEFAULT — You may cure the default within. THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $51,819.07 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.: Payments M3u5t.he:enade eith6'i by c Ji: U s fer's :Cheek,. ci.rttfie 1:checil. or otninriexardtli, made .p 'a Ile Maid of i to; Phelan Hallinan, LLP 1617 IFIC .Boulevard, Suite 1.400.. One Penn Center Plaza ........................ Philadelphia, PA 19103 Attn: Foreclosure Resolution Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT — If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the I.eniil T:ntcrids #h eXereffe. itt 'deft lo: accelerate the ..rno.r}„a;ie d bt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE .IS .FORECLOSED. WON — The mortgaged property will be sold by the Sheriff to pay off the Mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. 0 HII R LENDER REMEDIES — The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have. begun, you still have the right to cure the default and time ur..,to ��i� '1 }C J tiddorE: the Shhcj1 �. ik \ . ii ni iY 41n:5ti 1' paymn ill, lolal At due..,plus any,jate.or other charaes, then. due: reasonable attorney's fees, and posts coanneytej1 with ibe5o closure,sale and �1ny t.1e ..co't4 connected with tttr•,,tieri` #' $ii m sD iticc:i thy. jitirm :by, *e lendgr. nud 1a4 �i;i #criiifr} .i3n is. tdr requirements tinder the mortgage: Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriff's sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of. the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender's Attorney Phelan Hallinan, LLP Address: 1617 JFK Boulevard, Suite 1400 One Penn.Center. Plaza. Philadelphia, PA 19103 Phone Ntainber :.215 -563 -1040 Fax Number: 215 = 568 -7616 E -Mail Address: FCCResolution cr,ffedphe.com EFFECT OF SHERIFF'S SALE — You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you can continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You X may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO _HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES TN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. :st?) la.l. Kolesnik, Esq., Id. No.308877 rriej. for Plaintiff /Plie11ei Hallinan, LLP Mailed by 1'' Class Mail and by Certified Mail CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 7178 241? 6099 0119 3065 7178 2417 6099 0119 3072 7178 241? 6099 0119 3089 .......... ................ t7 Comprehensive Housing Counseling Agencies gencias de Consejp al Cliente part: Vivlenda Cumberland Couui - 'CCCS of Western PA - York 55 Clover Hill Road Dallastown PA 17313 888.511.2227 / 888.511.2227 Www.cccsoa.orq Community Action Commission - C 1514 Derry St Harrisburg PA 17104 717.232.9757 www.cactricourtty.org tai Region 'Harrisburg Fair Housing Council 2100 .N 6th St Harrisburg PA 17110 717.238.9540 Housing &Redevelopment Authority - Cumberland Cnty 114 N Hanover St; STE 104 Carlisle PA 17013 866.683.5907 / 717.249.0789 www.cahra corn Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102 717.234.6616 www.nuralisc 1paihstone oa.hlm Pennsylvania interfaith Community Programs, Inc. 40 E High St Gettysburg PA 17325 717.334.151B ygww.adarnscha.orq Repoli la NOTE: any of agencl t .updated: 4/304012 903:04 AM orkshops at various location sites; call to find a location near you; page 1 of 1 71' 9 PHELAN HALLINAN, LLP By: D. Troy Sellars, Esquire Identification No. 210302 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff vs. DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 13-2072-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment and Praecipe for Argument were sent via first class mail to the person on the date listed below: STEVEN P. MINER, ESQUIRE 635 N. 12TH STREET, SUITE 101 LEMOYNE, PA 17043 Date: April 22, 2014 PH 787235 BY: \O, D. Troy Sellar, Esquire Attorney for Plaintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the June 27, 2014, Argument Court. BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff vs. DOMINICK KOHOUT 791 TOWER ROAD .• ENOLA, PA 17025-1337 Defendant Court of Common Pleas Civil Division Cumberland County No. 13-2072-CIVIL State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment. 2. Identify counsel who will argue case: 3. 4. Date: (a) for plaintiff: Address: (b) for defendant: Address: D. Troy Sellars, Esquire Phelan Hallinan, LLP 126 Locust Street Harrisburg, PA 17101 Steven P. Miner, Esquire Daley Zucker Meilton Miner Gingrich, LLC 635 North 12th Street Suite 101 Lemoyne, PA 17043 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: June 27, 2014 PH 787235 ,7J D. Troy Se s, Esquire Attorney for Plaintiff caw. 75pdahrr Dt Igo& eo 2oq F7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff vs. DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337 Defendant ORDER • NOW,. this ST day of - Court of Common Pleas Civil Division Cumberland County No. 13 -2072 -CIVIL , 2014 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, DOMINICK KOHOUT, for $455,759.64 plus interest from April 30, 2014 and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. o ,ia ec-‘) Brvshrv000' 6g. Cp ,id .be%i/Preof 5 f e ve" PH 787235 T j iQtor, BY THE COURT: 4 ,.. .:...,,,. Copy /0c7/ Zed 6/27//y J. PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff v. Dominick Kohout Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -2072 -CIVIL Cumberland County PRAECIPE TO ENTER THE JUDGMENT PURSUANT TO COURT ORDER To the Prothonotary: Kindly Enter the Judgment per the Court Order dated June 27, 2014 in favor of the Plaintiff and against William Robison and Dina Robison, defendant(s). As Set Forth in the Order $455,759.64 Ian Hallinan, LLP J *eph E. DeBarberie, Esq., Id. No.315421 Attorney for Plaintiff Gual s I 00114 aL14 lqt-810) Rif 2(DoioB N D Mai lid IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff vs. DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337 Defendant NOW, this ORDER Court of Common Pleas Civil Division Cumberland County No. 13 -2072 -CIVIL ST day. of � , 2014 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary. Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, DOMINICK KOHOUT, for $455,759.64 plus interest from April 30, 2014 and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. o W. e c' B r hi ci oo o Cop j %4d 5/eve" P. I%%4Pr, �S PH 787235 BY THE COURT: Copy APled G/.2745i J: PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff v. Dominick Kohout Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/28/2014 to Date. of Sale ($68.84 per diem) TOTAL : COURT OF'COMMON PLEAS : CIVIL DIVIzSION NO.: 13 -2072 -CIVIL : CUMBERLAND COUNTY $455,759.64 $10,945.56 Note: Please attach description of property. PH # 787235 ,sy61a fig. 35- CeF 11/1 (-P-lq" 1/ 103,75' u 9S<< iv 13) sit $466,705.20 7 fan Hallinan, LLP J. E.'DeBarbefie, Esq., Id. No.315421 Corney for Plaintiff /0/ /Y296)/ r— P(2._ PHELAN HALLINAN, LLP Joseph E. DeBarberie, Esq., Id. No.315421 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 joseph.debarberie@phelanhallinan.com 215-563-7000 -LED-OFFICE W.- THE PROTHONO TAF ttomeys for Plaintiff 2014 JUL 25 AftII: 47 CUMBERLAND COUNTY PENNSYLVANIA Bank of America, N.A., Successor by Merger to BAC Home Loans : COURT OF COMMON PLEAS Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff : CIVIL DIVISION v. Dominick Kohout Defendant(s) CERTIFICATION : NO.: 13 -2072 -CIVIL Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: O<Z4S, Ph n Hallinan, LLP Jos h E. DeBarberie, Esq., Id. No.315421 Attorney for Plaintiff Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff V. Dominick Kohout Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -2072 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 791 Tower Road, Enola, PA 17025-1337. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Dominick Kohout 791 Tower Road Enola, PA 17025-1337 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Dominick Kohout 791 Tower Road Enola, PA 17025-1337 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Citibank, C/O Arvind Tiwari Citibank, N.A. Citibank, N.A., Fisery Lending Solutions Address (if address cannot be reasonably ascertained, please indicate) PO Box 790017, MS 221 st. Louis, MO 63179 3900 Paradise Road, Suite 127 Las Vegas, Nv 89109 PO Box 2590 Chicago, IL 60690 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 787235 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) r None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Dominick Kohout, C/O Steven P. Miner, Esq. 791 Tower Road Enola, PA 17025-1337 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 635 N. 12th Street Suite 101 Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: PH # 787235 Ian Hallinan, LLP Jc ph E. DeBarberie, Esq., Id. No.315421 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Bank of America, N.A., Successor by Merger to BAC Home Loa,s Servicing, LP fka Countrywide Home Loans Servicing LP Dominick Kohout vs. Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -2072 -CIVIL : Cumberland County Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY C.: . TO: Dominick Kohout 791 Tower Road -< cri co _ Enola, PA 17025-1337 �" ` ' **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA i ?` OBFAIlsfR„ WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN : ANKRIJPTCY; THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 791 Tower Road, Enola, PA 17025-1337 is scheduled to be sold at the Sheriffs Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $455,759.64 obtained by Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13 -2072 -CIVIL Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP v. Dominick Kohout owner(s) of property situate in the EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 791 Tower Road, Enola, PA 17025-1337 Parcel No. 09-11-3008-024. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $455,759.64 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION Tax ID Number: 09-11-3006-024 Land situated in the Township of East Pennsboro in the County of Cumberland in the State of PA BEGINNING at a point on the north side of Tower road at the eastern line of lands now or late of Steve road; thence along land now or late of Steve Reed north 30 degree 0 minutes 51 seconds west a distance of 1310.77 feet to an iron pin; thence north 82 degrees 38 minutes 8 seconds east a distance of 539.84 feet to an iron pin; thence along land now or late of Victoria Miller, south 30 degrees 0 minutes 51 seconds east a distance of 738.91 feet to a pin on the north side of Tower road; thence along same the following courses and distances: south 44 degrees 03 minutes 33 seconds west a distance of 120.18 feet; by a curve to the left having a radius of 325 feet, an arc length of 169.09 feet; south 14 degrees 15 minutes west a distance of 342.55 feet to the place of beginning. TITLE TO SAID PREMISES VESTED IN Dominick Kohout, adult individual, by Deed from Frank J. Ryan and Julianne E. Ryan, his wife, dated 03/21/2006, recorded 03/30/2006 in Book 273, Page 3900. PREMISES BEING: 791 Tower Road, Enola, PA 17025-1337 PARCEL NO. 09-11-3008-024. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Vs. NO 13-2072 Civil Term CIVIL ACTION — LAW DOMINICK KOHOUT WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $455,759.64 L.L.: $.50 Interest FROM 6/28/2014 TO DATE OF SALE ($68.84 PER DIEM) - $10,945.56 Atty's Comm: Atty Paid: $371.21 Plaintiff Paid: Date: 7/25/14 (Seal) REQUESTING PARTY: Name: JOSEPH E. DEBARBERIE, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 315421 Due Prothy: $2.25 Other Costs: id D. Buell, Pro onotary By: Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Veterans Afffiars is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 25th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1041, at the suit of Wells Fargo Bank, NA against Catherine C. Marinakies is duly recorded as Instrument Number 201416272. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a r, i day of \Uk( ,A.D. DoJL( icui,“ , , Widbfr, 0p o Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY : MERGER TO BAC HOME LOANS SERVICING, : LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. DOMINICK KOHOUT Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County -3 rn No.: 13 -2072 -CIVIL •c) y �= 1. 2013. Plaintiff commenced this foreclosure action by filing a Complaint on April 17, :JJ rei-70 x".. CD 2. Plaintiff obtained summary judgment by Order of Court dated June 27, 2014. Damages were assessed on July 25, 2014 in the amount of $455,759.64. True and correct copies of the Court's Summary Judgment Order and Plaintiff's Assessment of Damages are attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 787235 1 -Y which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 3, 2014. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 3, 2014 Legal fees Cost of Suit and Title Property Inspections Property Preservation Escrow Deficit $373,472.30 $84,672.66 $2,125.00 $698.61 $170.00 $84.00 $13,948.82 TOTAL $475,171.39 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 17, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 787235 2 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order for summary judgment dated June 27, 2014. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP nathan Lobb, Esquire ATTORNEY FOR PLAINTIFF 3 787235 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, N.A., SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS Civil Division SERVICING LP Plaintiff CUMBERLAND County v. No.: 13 -2072 -CIVIL DOMINICK KOHOUT Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DOMINICK KOHOUT executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 791 TOWER ROAD, ENOLA, PA 17025-1337. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 787235 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 787235 2 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 787235 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in remjudgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in e judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 787235 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 787235 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in tieir entirety, which will not cause harm to the Defendants. 787235 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to deteiine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 787235 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Jona an Lobb, Esquire Attorney for Plaintiff Phelan Hallinan, LLP 8 787235 PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER Bank of America, N.A., Successor by Merger to BAC Horne Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff v. Dominick Kohout Defendant(s) COURT OF COMMON PLEAS CG a CIVIL DIVISION NO.: 13 -2072 -CIVIL Cumberland County PRAECIPE TO ENTER THE JUDGMENT PURSUANT TO COURT ORDER To the .Prothonotary: Kindly Enter the Judgment per the Court Order dated June 27, 2014 in favor of the Plaintiff and against William Robison and.Dina Robison, defendant(s). As Set Forth in the Order $455,759.64 OcZa.,e, lan Hallinan, LLP Jeph E. DeBarberie, Esq, Id. No.315421 Attorney for Plaintiff Goal s 11.0.SO 00,,, au lyql/G) R-4-1 �jgoaB N D W4e Mai lgJ '16 •••••...0, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FICA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff VS. DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337 Defendant ORDER w. • NOW, this 76 day of / vato• Court of Common Pleas Civil Division Cumberland: County No. 13 -2072 -CIVIL kr) , 2014 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled t6 Sutnrnary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, DOMINICK KOHOUT, for $455,759.64 plus interest from April 30, 2014 and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. /278,4e..,) Brush.doo o BY THE COURT: aPj beki/pred 6i -eve.) P. PH 787235 ej Mailed PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 11, 2014 DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337 RE: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP v. DOMINICK KOHOUT Premises Address: 791 TOWER ROAD ENOLA, PA 17025 CUMBERLAND County CCP, No. 13 -2072 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 9/16/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Enclosure 787235 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County v. No.: 13 -2072 -CIVIL DOMINICK KOHOUT Defendant - CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337 DATE: 1 //74, By: DOMINICK KOHOUT PO BOX 522 SUMMERDALE, PA 17093-0522 Phelan Hallinan, LLP Jon an Lobb, Esquire ATTORNEY FOR PLAINTIFF 787235 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. DOMINICK KOHOUT Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -2072 -CIVIL AND NOW, this 2.3t6 day of Sy frc-°- 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. rn 0 CA) xy. 787235 Jonathan Lobb, Esq., Id. No.312174 Phelan Hall inan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (2)5) 563-3459 471cOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337 CIaies 112.1-11c)- DOMINICK KOHOUT PO BOX 522 SUMMERDALE, PA 17093-0522 787235 787235 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY : MERGER TO BAC HOME LOANS SERVICING, : LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. ATTORNEY FOR PLAINTIFF c4 mW cn _<> Court of Comt,le! P•c) Civil Division > CUMBERLAND County No.: 13 -2072 -CIVIL DOMINICK KOHOUT Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337 DATE: By: DOMINICK KOHOUT PO BOX 522 SUMMERDALE, PA 17093-0522 Phelan Hallinan, LLP 1194)/er Jon obb, Esq., Id. No.3 2 74 A orney for Plaintiff 787235 Fl Y:::?fil71: 07110' Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.20303'l OCT 20 r.:;: 2: !pATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CGU Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY : Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS Civil Division SERVICING LP Plaintiff CUMBERLAND County vs. No.: 13 -2072 -CIVIL DOMINICK KOHOUT Defendant MOTION TO MAKE RULE ABSOLUTE BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on September 18, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about September 23, 2014 directing the Defendant to show cause by October 13, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on October 8, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 13, 2014. 787235 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: Phelan Hallinan, LLP BY: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 787235 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. DOMINICK KOHOUT Defendant AND NOW, this 2.3 .(6 RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -2072 -CIVIL day of Ek.yke-b1# 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. - -I 787235 Exhibit "B" Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallina.n.com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Conuno C v 9 Division CUMBERLAND No.:.13 20' 2-CIVI DOMINICK KOHOUT Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 014 -R-11 directing the Defendant to show cause as to why Plaintiffs Motion to Reassess f.3an•aagcs should not be granted was served upon the following individual on the date indicated below DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337 By: DOMINICK KOHOUT PO BOX 522 SUMMERDALE, PA 17093-0522 Phelan Hallinan, LLP JoLobb, Esq., Id. No.312174 A •orney for Plaintiff 787235 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY : MERGER TO BAC HOME LOANS SERVICING, : LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County vs. No.: 13 -2072 -CIVIL DOMINICK KOHOUT Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337 DATE: W/7/fif DOMINICK KOHOUT PO BOX 522 SUMMERDALE, PA 17093-0522 Phelan Hallinan, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 787235 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 Attorney for Plaintiff pL ,,• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff, v. DOMINICK KOHOUT Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 13 -2072 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (For Certified Mail Return Receipt stamped by the U.S. Postal Service is at Date: v 7 -Z -0/g/ IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Esq., Id. No.318079 Attor or P intiff PH # 787235 Name and. Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZIC/RJG - 12/03/2014 SALE G tRo tage M $0:47 w c ori $0.47 $0.47 $0.47 $0.47 Linc Article Number Name of Addressee, Street, and. Post Office Address 2 4 Tenant/Occupant 791 Tower Road Enola, Pa 17025-1337 Citibank, C/O Arvind Tiwari Po Box 790017, Ms 221 St. Louis, Mo 63179 Citibank, N.A. 3900 Paradise Road, Suite 127 Las Vegas, NV 89109 Citibank, N.A., Fisery Lending Solutions Po Box 2590 Chicago, I160690 5 7 Domestic Relations Of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth Of Pennsylvania Department Of Welfare P.O. Box 2675 Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, Pa 15222 $0.47 $0.47 w a atsio N00 U.S. Department Of Justice U.S. Attorney For The Middle District Of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 $0.47 9 Dominick Kohout, C/O Steven P. Miner, Esq. 635 N. 12th Street Suite 101 Lemoyne, Pa 17043 50.47 OREIDONRNIGRIKORO RI"AND} """'''13H"#.,7 02 =;Pstter tit 1 it Team $4.23 Total Number of Fleets Listed by Sender Total Number of pieta Received al Post Office Postmaster, Per (Name of Rccoiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonncgotiabk document, under Express Mail document reconstruction insurance is $50,M14) per piece subject to a limit of SSO(LIXX) per occurrence. The maximum indemnity payable on Express Mail merchandise is 550d, The maximum indemnity payable Is 325.000 for registered mail, sent with optia,al insurance, See Domestic Mail Manual ROTI S9) 3 and 5921 for limitations of coverage. Farm 3877 Facsimile IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. DOMINICK KOHOUT Defendant ORDER AND NOW, this 23''' day of 04froS.cr , 2014, upon consideration of Plaintiff s Court of Common Pleas Civil Division CUMBERLAND Count No.: 13 -2072 -CIVIL r2rn =73 (r- -e� r-� zo CZ :9 WV Z 3011101 Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED , to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through December 3, 2014 Legal fees Cost of Suit and Title Property Inspections Property Preservation Escrow Deficit TOTAL Plus interest at six percent per annum. $373,472.30 $84,672.66 $2,125.00 $698.61 $170.00 $84.00 $13,948.82 $475,171.39 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Com 1'e s 112zr C4cC, A laws. . g-+ iy 787235 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY : COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, : LP FKA COUNTRYWIDE HOME LOANS CIVIL DIVISION SERVICING LP CUMBERLAND COUNTY Plaintiff NO. 13 -2072 -CIVIL vs. DOMINICK KOHOUT Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO Pa.R.C.P. 404(2)/403 The undersigned attorney hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by certified mail to DOMINICK KOHOUT at, PO BOX 522 SUMMERDALE, PA 17093-0522. The Notice of Sale was received by Defendant, DOMINICK KOHOUT, on 10/29/2014 as evidenced by the attached Return Receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN, LLP DATE: By: 'i' -V VJ '(/ PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff USPS CERTIFIED MAILTM i i 9214 8969 0096 4000 1771 69 LAS / 787235 RESTRICTED DELIVERY DOMINICK KOHOUT PO BOX 522 SUMMERDALE, PA 17093-0522 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com® - USPS TrackingTM Page 1 of 1 English Customer Service aU.n/Pi/+COM, CUM TOW USPS TrackingTM USPS Mobilo Register Sign In Search LISPS carr, at 'C"ra:Sr Packages Sub!' 1311p i Pleissos OW MIM Mouse Vas MM Seep Business SOIi.io e Tracking Number: 9214896900964000177169 Updated Delivery Day: Thursday, October 30, 2014 Product & Tracking Information Postal Product: First -Class Mee DATE & TIME October 29, 2014 , 3:23 pm Features: Certified Mail STATUS OF ITEM Delivered LOCATION SUMMERDALE, PA 17093 Your Item was dotvercd :at 3:23 pm on Oclubar 29.. 2014 in SUMMERDALE, PA 170E2, October 29, 2014 9:27 am October 29, 2014 , 9:27 am October 29, 2014 , 4:44 am October 28, 2014 , 8:00 pm October 27, 2014 , 11:20 pm October 27, 2014 , 10:05 pm October 27, 2014 Available for Pickup Arrived at Unit Departed USPS Facility Arrived et USPS Facility Arrived at USPS Origin Facility Accepted at USPS Origin Sort Facility Pre -Shipment Info Sent to USPS Track Another Package Tracking (or receipt) number LEGAL Privacy Pettey Terme 01 Use , FOIA Nn FEAR Act EEO Dots OLIVPSCOAIT ON USPS,COM Government Services , Buy Stamps & Shop r Print a Label with Postage Customer Service Gclivenng Solutions In the Last MI! Site index CopyrighteD 2914 LISPS. Ail Rights Resvrsod. SUMMERDALE, PA 17093 SUMMERDALE, PA 17093 HARRISBURG, PA 17107 HARRISBURG, PA 17107 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19103 Track It ON ABOUT.USPS,00M About LISPS Homy Newsroom , USPS Service Alerts Ferns & Pubiicaiorc Csreers Customer Service l 1' Have questions? We're here to help. Available Actions Return Receipt Electronic Text Updates Email Updates OTHER USPS StTES 9usrlesa Curtly fie' Galeuay Pustdl ir>specic S inspector Goovrai ?altar Exp!. nyr slat€oral Pests': Museum https://tools.usps.com/go/TrackConfirmAction.action?tLabe1s=9214896900964000177169 11 /3/2014 UNITED STATES POSTAL SERVICE, Date Produced: 11/03/2014 PHELAN HALLINAN & SCHMIEGf. The following is the delivery information for Certified MaiITM/RRE item number 9214 8969 0096 4000 1771 69. Our records indicate that this item was delivered on 10/29/2014 at 03:23 p.m. in SUMMERDALE, PA 17093. The scanned image of the recipient information is provided below. Signature of Recipient : Address of Recipient : c5reznb/Le Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service • The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 178868 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. DOMINICK KOHOUT Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 13 -2072 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter has been continued(until 03/04/2015 at 10:00 AM. Date: /2-7' /il�/ PH # 787235 PKY Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER : TO BAC HOME LOANS SERVICING, LP FKA : CIVIL DIVISION COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. DOMINICK KOHOUT Defendant(s) : No.: 13 -2072 -CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: DOMINICK KOHOUT 791 TOWER ROAD ENOLA, PA 17025-1337 Date: PH # 787235 DOMINICK KOHOUT PO BOX 522 SUMMERDALE, PA 17093-0522 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff