HomeMy WebLinkAbout13-2259 � r
Supreme Court-of Pennsylvania
Court of Com"Mon Pleas
6z it Cover S'aeet PorProthanatary Use Only.
CUMBEI2�,AlD Docket N o:
County
13 7� 0`1 V 1 164
The itfornratlorr collected on tlris form is used solely for• court odminisn•atiort purposes. Tbis form does not
supplement or replace the filing and service of pleadings or other papers as required by low or rules of court.
Commencement of Action:
® Complaint ❑ Writ of Summons ❑ Petition
❑ Transfer from Another Jurisdiction ❑Declaration of Taking
S Lead Plaintiff's Name: Lead Defendant's Name:
E BANK OF AMERICA, N.A., SUCCESSOR BY Kristina B. Herd
C- .' MERGER TO BAC HOME LOANS SERVICING,
T LP FKA COUNTRYWIDE HOME LOANS
SERVICING, LP
0.
Dollar Amount Requested: ❑ within arbitration limits
N Are money damages requested. ❑ Yes ® No check one El outside arbitration limits
A Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No
Name of Plaintiff/Appellant's Attorney: Patrick J. Wesner. Esquire
❑ Check here if you have no attorney (are a Self - Represented (Po Se) Litigant)
...................... .
Nature of the 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
y ou consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution
❑ Motor Vehicle El Debt Collection: Credit Card ❑Board of Assessment
❑ Nuisance El Debt Collection: Other ❑ Board of Elections
❑ Premises Liability ❑ Dept. of Transportation
❑ Product Liability (does not include ❑ Statutory Appeal: Other
mass tort) ❑ Employment Dispute:
s . ❑ Slander/Libel/Defamation Discrimination
E
El Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T. MASS TORT
j El Asbestos ❑Other:
Q ❑ Tobacco
N ❑ Toxic Tort — DES
❑ Toxic Tort — Implant R AL PROPERTY MISCELLANEOUS
B ❑ Toxic Waste El Ejectment ❑ Common Law /Statutory Arbitration
❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Dental ❑ Partition
❑ Legal El Replevin
❑ Quiet Title ❑ Other:
❑ Medical ❑Other:
❑ Other Professional:
1 _
MILSTEAD & ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire w"c-:
ID No. 203145 r f =
2%* o�
220 Lake Drive East, Suite 301 3 Y
Cherry Hill, NJ 08002 r
(856) 482-1400 Attorney for Plaintiff
File: 45.24945
BANK OF AMERICA, N.A., SUCCESSOR COURT OF COMMON PLEAS Y
BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY
SERVICING, LP FKA COUNTRYWIDE
HOME LOANS SERVICING, LP
475 Crosspoint Parkway _
Getzville, NY 14068,5q
No.: 13- iVtl I erM
Plaintiff,
CIVIL ACTION/RESIDENTIAL OWNER
Vs. OCCUPIED MORTGAGE
;FORECLOSURE
Kristina B. Herd
307 Valley Street
Summerdale, PA 17093,
Defendant
#l0.3. -?-n PI) A
�� �b5t90
NOTICE
You have been sued in court. If you wish to defend against the 0 claims s t f r th in
the following pages, you must take action within twenty ( )
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 or ther
claim or relief requested by the plaintiff. You may lose money or property
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR ET FORTH BELOW O FIND OUT
HAVE A LAWYER, TELEPHONE THE OFFICE S
WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, AGENCIES THAT MAYAOFFER BE B EGAL
PROVIDE YOU WITH INFORMATION ON
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717- 249 -3166
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
1. This communication is from a d b ued for t s This is an attempt to collect a
debt and any information obtained
2. Unless you dispute the validity of this debt, or any portion thereof, within
30 days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. if you notify our offices in writing within 30 days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the Judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
MILSTEAD & ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002 Attorney for Plaintiff
(856) 482 -1400
BANK OF AMERICA, N.A., SUCCESSOR COURT OF COMMON PLEAS
BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY
SERVICING, LP FKA COUNTRYWIDE
HOME LOANS SERVICING, LP
475 Crosspoint Parkway
Getzville, NY 14068, No.:
Plaintiff,
CIVIL ACTION/RESIDENTIAL OWNER
OCCUPIED MORTGAGE
Vs. FORECLOSURE
Kristina B. Herd
307 Valley Street
Summerdale, PA 17093,
Defendant
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME
LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP (the
"Plaintiff'), is registered to conduct business in the Commonwealth of Pennsylvania and having
an office and place of business at 475 Crosspoint Parkway, Getzville, NY 14068.
2. Defendant, Kristine B. Herd, (the "Defendant' %. is an adult individual and is the real
owner of the premises hereinafter described by virtue of a Deed dated November 10, 2009,
recorded December 14, 2009 under Instrument 200941472. The Deed is attached hereto as
Exhibit "A" and made a part hereof.
3. Defendant Kristina B. Herd, upon information and belief, resides at 307 Valley Street,
Summerdale, PA 17093.
4. On December 10, 2009, in consideration of a loan in the principal amount of $98,090.00,
the Defendant executed and delivered to EverBank a note (the "Note ") with interest thereon at
5.375 percent per annum, payable as to the principal and interest in equal monthly installments
of $549.28 commencing February 1, 2010. Bank of America, N.A. Noteholder, directly or
through an agent, has possession of the Promissory Note. The Promissory Note has been duly
endorsed. The Note is attached hereto as Exhibit `B" and made a part hereof.
5. To secure the obligations under the Note, the Defendant executed and delivered to
Mortgage Electronic Registration Systems, Inc., solely as nominee for EverBank a mortgage (the
"Mortgage") dated December 10, 2009, recorded on December 14, 2009 in the Department of
Records in and for the County of Cumberland under Instrument 200941473. The Mortgage is
attached hereto as Exhibit "C" and made a part hereof.
6. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded October
19, 2011 under Instrument 201128891. The recorded Assignment of Mortgage is attached hereto
as Exhibit "D" and made a part hereof.
7. The Mortgage secures the following real property (the "Mortgaged Premises "): 307
Valley Street, Summerdale, PA.17093. A legal description of the Mortgaged Premises is
attached hereto as Exhibit "E" and made a part hereof.
8. The Defendant is in default of his/her obligations pursuant to the Note and Mortgage
because payments of principal and interest due August 1, 2011, and monthly thereafter are due
and have not been paid, whereby the whole balance of principal and all interest due thereon have
become due and payable forthwith together with late charges, escrow deficit (if any) and costs of
collection including title search fees and reasonable attorney's fees.
9. The following amounts are due on the Mortgage and Note:
1 f
Principal Balance .........:....... .....................$
Accrued but Unpaid Interest from
7/1/11 to 4/30/13 .................... ......................$
Accrued Late Charges $608.13
g ..... ...............................
Interest Advance .................................................
................... ......................$ $19.,50
3,048.63
Escrow Advances ....... ...............................
Partial/ Suspense ..................................................
............... ............................... -$1.76
Escrow Balance ............................................ - $247.57
TOTAL as of 04/30/2013 .... ....................$108,9
After April 30, 2013 interest on the principal balance will accrue
monthly, on the first day of each month, in the amount of $430.15,
Calculated @ 5.375%
10. Plaintiff has fully complied with Section 403 of Act No. 6, 41 P.S. § 403, known
as the Loan Interest Protection Law by mailing to the Defendant at 307 Valley Street,
Summerdale, PA 17093 on January 18, 2013, the Notice pursuant to Act No. 6 and the applicable
time periods have expired. The Act Notice is attached hereto as Exhibit "F" and made a part
hereof.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for
foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9,
namely, $108,924.53, plus the following amounts accruing after April 30, 2013, to the date of
judgment: (a) interest of $430.15 per month, (b) late charges per month if applicable, (c) plus
interest at the legal rate allowed on judgments after the date of judgment, (d) additional
attorney's fees (if any) hereafter incurred, (e) and costs of suit.
MILSTEAD & ASSOCIATES, LC
Date: Z
Pater nee , q ire
s
Attorney for Plaintiff
VERIFICATION \ l
hereby states that he sh is �SKII�1�V ��P 1 of
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff in this
matter, that he/(D 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 E)
knowledge, 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.
C
Name: M ff ( �-\4 Q odd S ��I YrYI A h
` Title: � S SI S-EU1�lf �/l Pre s I d evr1�
DATE: Y (1
File #: 45.24945
Name: Kristin B. Herd
TAX Till: 307 Valley Road, Summerdale, PA 17093
0009 B
THIS DEED,
MADE THE i k day of r" in the year two thousand nine (2009).
between
SCOTIA. RATHF'ON, single man, of Cumberland County, Pennsylvania, Grantor
and
KRISTINA B. HERD, of Cumberland County, Pennsylvania, Grantee
WITNESSETH, that in consideration o {Ninety-nine Thousand Nine Hundred ($99, 900.00) Dollars,
in hand paid the receipt whereof is hereby acknowledged, the said Grantor does hereby gr
convey to the said Grantee, her heirs and assigns:
ALL that certain tract or parcel of land and pr s and iCommo ly a nd b eing
of Pen ylva ip re
East Pennsboro in the County of Cumber
particularly described as follows:
BEGINNING at a point in the souatlhe r S�eets of the southwardly along the western line of Lot No.
of the intersection of Third and V y
2, Section E on the hereinafter mentioned loan � n line torthern feet to a
16fe alle
of a 16 feet wide alley; thence westwardly along the
to a point; thence northwardly along e hence eastwardly along the southern line of Valley Street 50
in the southern line of Valley Street,
feet to a point, the place of BEGINNTIVG.
BEING Lot No. 3, Section E on the Revised
derla of Lots
Plan Book 2, Page da09.said Plan being
recorded in the Cumberland County Re
BEING the same premises which Robert office of the Recorder of Deeds of Cumberland
deed dated August 37, 1989, and record ed in the
County, Pennsylvania, in Record Book D34, Page 638, granted and conveyed unto ScottA. Rathfon,
Grantor herein.
AND the said Grantor does hereby specially warrant the property hereby conveyed
i
IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day and
year first above written.
WITNESS: 1
i"
� f
� {Seal)
Scott �A,�Rathfon
COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF �MRERLdNo
o End 2009, before me the undersigned q,�cer, personally
On this, the ��.t day f
appeared Scott A. Rathfon known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
(Seal)
Note W Seal Notary uhlic
Stephen M. Rwies, Jr-, Notary Pt"'c
my co r � 28, 2010
Member, Pennsyh enle As cation of Notarie
I do hereby certify that the precise residence and complete post office address of the within
named Grantee is 4 C 5 i, �,Mw� oeL� . �� 17
d f
��!> , 2009 orney for Grantee
i
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE a
CARLISLE, PA 17013
717 - 240 -6370
Instrument Number - 200941472
Recorded On 12/14/2009 At 1:40:31 PM * Total Pages - 3
* instrument Type - DEED
Invoice Number - 57685 User ED - KW
* Grantor - RATRFON, SCOTT A
* Grantee - HERD, KRiSTINA B
* Customer - ASSURED LAND
* FEES
STATE TRANSFER TAR $999.00
Certification Page
STATE WRIT TAR $0.50
STATE JCS /ACCESS TO $23.50 DO NOT DETACH
JUSTICE
RECORDING FEES — $11.50 This page is now part
RECORDER OF DEEDS of this legal document.
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
EAST PENNSBORO SCHOOL $499.50
DISTRICT
EAST PENNSBORO $499.50
TOWNSHIP
TOTAL PAID $2,060.00
I Certify this to be recorded
in Cumberland County PA
aF °"�►e
RECORDER O D DS
�tao
" - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
' I!!l1l
�I
CRPRDNRBS46a 12/11/2011 10:46:31 AM PAGE 31/078 e�-utAs
NOTE
MIN- 100063415400639
Lemoyne Pennsylvania
oy
December 10, 2009 l�oy [State]
(Dale)
307 Valley Street, Surnmerdale, PA 17093
(ProperryAddress]
1. PARTIES and the person's successors and assigns. "Lender"
"Borrower" means each person signing at the end of this Note,
means EverBank and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; ESTER ST
In return for a loan received from Lender, Borrower prornoisetoo o Le d� Pointe sum N �ha� Thousand
o
Ninety and 00I100ths Dollars (U.S. $98,090.00), Plus interest,
principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Five and 375llODQttts percent
(5.375 %) per year until the full amount of principal has been paid.
3, PROMISE TO PAY SECURED instrument that is dated the same
Borrower's promise to pay is secured by a mortgage, deed of similar �be Lender from losses which might
date as this Note and called the "Security Instrument" T si
hat Security 1 P
result if Borrower defaults under this Note.
4, MANNER OF PAY1blENT
(A) Tiwer me of each month beginning on
Borrower shall make a payment of principal and interest to Lender on the first day Any principal and interest remaining on the first day of January, 2040, will be due on that date, which is
February rower
called the "Maturity Date."
(B) Place P.O: Box
530579, Atlanta, GA 30353 -0579 or at such
payment shall be made at EverFlome Mortgage Comp an y,
place as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest wr r a led to pr incipal. inter est and other b e
ems in t e order
monthly payment required by the Security Instrument, shall be a pP
described in the Security Instrument-
(la) AM age to this Note for payment adjustments the covenants of the
if an allonge providing for payment adjustments is executed by Borrower together with this Note,
allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part O this
Note. [Check applicable box]
(]
Growing Equity Allonge C] Other [specify]
Graduated Payment Allonge
nomrruw
MultbWe PHA tWW Rate Nato Page 1 of 3 C"Itana +x lot
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CRPRDNRBS46a 12/11/2011 10:46:_31 AM PAGE 33/078 888 - 294 - 56 58
5 BORROWER'S RI GHT TO PREPAY
Borrower has the right to pay the debt evidenced t nyotther Note, in whole or in pad,
days pro ded that Borrower pays interest on the amount
first day of any month. Lender shall accept prepaylncn
prepaid for the remainder of the month there well be no changes in the due date orin am b ount of the monthly payment unless
Borrower makes a partial prepayment,
Lender agrees in writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments of this Nate by t required b the Security Instrument, as described ire Paragraph
If Lender has not received the full monthly paymen e9 t due, Lender may collect a late charge a the amount h Of
Fou r and 401IOOOt s percent of the overdue after
mount of each payment.
Four p '
(B) Default then Lender may, except as limited by regulations
If Borrower d by failing to Pay in full any monthly payrner►t, cent
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and
all accused interest. Lend h lad one issued by the Secretary will limit Lender's right rights
to require immediate pa s ymenn
default. In many circumst b'u
full in the case of payment defa
the hic N ote
Sec does n o t authorize
and Urban Dev ration h not his or her designee
r egulations. As a
in this Nate, "Secr�'y
(C) Payment of Costs and Expenses require Borrower to pay costs and
If Lender has required immediate payment in full as described above, Lender may
expenses including reasonab bear masters from
the l ate of disbursement s a g t thessar►te ra te as the t grinc
law. Such fees and costs shat pal of this Note. applicable
7, WAIVERS
Borrower and any othth t m who has require Lender o demand payment of'amounts due ti co o f di n means the
dishonor. "Presentment' rrean g
T ight to require Lender to give notice to other persons that amount due have not been paid.
g. GIVING OF NOTICES an notice that must be given to Borrower under this Note will be
Unless applicable law requires a different method, y address above or at a different address if
given by delivering it or mailing it by first class mail to Borrower at the property
Borrower has given Lender a notice of Borrower's different address -
Any notice that must be given to Lender under' this Mote will be given by first Glass mail to Lender at the address stated
in paragraph 4(8) or at a different address if Borrower is given a notice of that different address•
q, OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fishy and personally obligated , s urety or pro this Note
in this Note, includ the promise to pay the full amount owed. Any person who n a including gua ran t or,
e ro, o tY o
is also obligated to do these things. Any person who takes over these obligations, including t e i gu
-r ts under this
or endorser of this Note, is also obligated to keep all of the prornis togethe d � e pers n L g this Note may be required to
Note against each person individually or against all signatories
pay all of the amounts owed under this Note.
n,, sacoz+ru rtroi
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CRPRDNRBS46a 12/11/2011 10:46:31 AM PAGE 35/078 888- 294 - 5658
Aft
BY SIGNING BELOW, Borrower accepts and agrees to the terrns and covenants contained in this Note.
(Seal)
(Seal) - Borrower
—' - Borrower
Kr3stina B. Herd
(Seal)
(Seal) - Borrower
- porrower
[Sign Original Only]
PAY70 PAS'r�JHF, ORCOft OF
W U FECOUI SE SANK r-- -----
� N.A. Wi ou'r Coui .
BY: EvetBan
'0� StGNEp:
BY B pggl O'BRI
MICtf�ITS�R Vice pfe!Oent
SStOR VICE PR£SMEW
�e}pfU 1?llll
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0009mc
i
Prepared By:
EverBank
i
[Name]
8100 Nations Way
[Street Address]
Jacksonville, FL 32256
[City, State Zip Code]
800 - 598 -5626
[Telephone Number]
After Recording Please Return To:
EverBank
[Name]
Post Closing
[Attention]
8200 Nations Way
[Street Address]
Jacksonville, FL 32256
[City, State Zip Code]
800 -598 -5626
[Telephone Number]
UPI/pIN/Tax ID: 09 -12- 2994 -071
(Space Above This Line For Recording Data)
FHA Case No.
MIN: 100063415400639227
PENNSYLVANIA MORTGAGE
THIS MORTGAGE ( "Security Instrument I is given on December I0, 2009. The mortgagor is Krishna B.
Herd ( "Borroweej. '[iris Security Instrument is given to EverBank, which is organized and existing under the laws
of the United States of America, and whose address is 8100 Nations Way, Jacksonville, FL 32256 CLendef 1.
Mortgage Electronic Registration Systems, Inc. ("MFRS ") 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. Borrower owes Lender the principal sum of Ninety Eight
Thousand Ninety and 00 /100ths Dollars (U.S. $98,090.00). This debt is evidenced by Borrower's note dated the
same date as this Security Instrument ("Note'), which provides for monthly payments, with the full debt, if not paid
FHA MERS Modified
Pennsylvania Mortgage 54301PA 02/02 Rev. 05!08
The Complisoce Source, Ioc. Page 1 of 10
www.comptiancesource tout ! 02002, The compliance Source Inc.
�I II��I i'I�� 6 II�■ II�I� II�
• . .
i
earlier, due and payable on January 1, 2040. This Security Instrument secures to Lender: (a) the repayment of the
debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the
payment of all other sums, with interest, advanced under Paragraph 7 to protect the security of this Security
Instrument; and (c) the performance of Borrower's covenants and agreements under this Securi ty 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 MFRS the following described property
located in CUMBERLAND County, Pennsylvania:
See Exhibit A attached hereto and made a part hereof
which currently has the address of 307 VaIley Street
[Street]
Summerdale , Pennsylvania 17093 ( "Property Address "):
[City] jZip Code)
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 MFRS holds only legal title to the interests granted by Borrower in this
Security Instrument, but if necessary to comply with law or custom, MFRS (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.
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.
TIES 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 and Late Charge. Borrower shall pay when due the principal of, and
interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly
payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the
Property, and (c) premiums for insurance required under Paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secrctary of Housing and Urban Development ("Secretary"), or in any year in
which such premium would have been required if Lender still held the Security Instrument, each monthly payment
shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the
FRAMERS Modified
Pennsylvania Mortgage Page of 10 54301PA 02102 Rev. 05/08
The Compliance Source, Inc. ° 02007, The Compliance Source, Inc.
www.compliancesonrce.com
1 5 4 0 0 6 3 9 2 2
i
Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by
the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the
Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds."
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed
the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement
Procedures Act of 1974, 12 U.S.C. § 2501 et seg. and implementing regulations, 24 CFR Part 3500, as they may be
amended from time to time ( "RESPA'J, except that the cushion or reserve permitted by RESPA for unanticipated
disbursements or disbursements before Borrower's payments are available in the account may not be based on
amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,
Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of fiords held by
Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and
require Borrower to make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance
remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has
not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be
credited with any balance remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments under Paragraphs 1 and 2 shall be applied by Lender as
follows:
F irsL to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by
the Secretary instead of the monthly mortgage insurance premium;
Secon to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other
hazard insurance premiums, as required;
Third, to interest due under the Note;
FO to amortization of the principal of the Note; and
Fifth to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,
whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire,
for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that
Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or
subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried
with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall
include loss payable clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss
if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed
oomak
payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part
insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness u then e
um
Note and this Security instrument first to any delinquent amounts applied in the order of Paragraph 3, and
prepayment of principal, or (b) to the restoration or repair of the damaged property. Any application of the proceeds
to the principal shall not extend or postpone the due date of the monthly payments which are referred to in
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Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to
pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally
entitled thereto.
ment or of
In the event of foreclosure of this Security instru her transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass
to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the
Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless
extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any
extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the
Property or allow the Property to deteriorate, reasonable wear and tear expected. Lender may inspect the Property if
the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and
preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan
application process, gave materially false or inaccurate information or statements to Lender (or failed to provide
Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited
to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security
Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title
to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Property, or for conveyance in place of
condemnation, are hereby assigned and shall be paid to Lender'to the extent of the full amount of the indebtedness
that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction
of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order
provided in Paragraph 3, and then to prepayment of principal_ Any application of the proceeds to the principal shall
not extend or postpone the due date of the monthly payments, which are referred to in Paragraph 2, or change the
amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under
the Note an d this Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay
these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts
evidencing these payments.
If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any
other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may
significantly affect Lender's rights in the Property (such.as a proceeding in bankruptcy, for condemnation or to
enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property
and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in
Paragraph 2.
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Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and
be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note
rate, and at the option of Lender shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower•. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which
in Lender's opinion operate to prevent the enforcement of the lien; 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 may attain priority over this
Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take
one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of
payment defaults, require immediate payment in full of all sums secured by this Security Instrument if.
(i) Borrower defaults by failing to pay in full any monthly payment required by this
Security Instrument pri or to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other
obligations contained in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section
341(d) of the Garr -St Germain Depository Institutions Act of 1982, 12 U.S.C. § 1701j -3(d)) and with the prior
approval of the Secretary, require immediate payment in full of all the sums secured by this Security instrument if-
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the
Property, is sold or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal
residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not
been approved in accordance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in
full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of BUD Secretary. In many circumstances regulations issued by the Secretary will
limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid.
This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the
Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Iristntrnent and the Note are not
determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender
may, at its option require immediate payment in full of all sums secured by this Security Instrument. A written
statement of any authorized agent of the Secretary dated subsequent to 60 days from th date hereof, declining to
insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility.
Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is
solely due to. Lender's failure to remit a mortgage insurance premium to the Secretary_
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in
full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right
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applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender
in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations
of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and
expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security
Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment
in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the
commencement of foreclosure proceedings within two years immediately preceding the commencement of a current
foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely affect the priority of the lien created by this Security Instrument 1
U. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment
or modification of amortization of the sums secured by this Security instrument granted by Lender to any successor
in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in
interest. Lender shall not be required to commence proceedings against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in
exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and
agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,
sufiject to the provisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any
Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co- signing this Security
Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terns of this
Security Instrument; (b) is not personalty obligated to pay the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations
with regard to the term of this Security Instrument or the Note without that Borrower's consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering
it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be
directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to
Lender shall be given by first class mail to Lender's address stated herein or arty address Lender designates by
notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to
Borrower or Lender when given as provided in this Paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law
of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security
Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security
Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of
this Security Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or
release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do,
anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall
not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
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Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other
action by any governmental or regulatory agency or private parry involving the Property and any Hazardous
Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any
governmental or regulatory authority, that any removal or other Temediation of any Hazardous Substances affecting
the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
As used in this Paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous
substances 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. As used in this Paragraph 16, "Environmental Law" means federal. laws
and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection.
NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and
revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and
hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's
notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall
collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This
assignment of rents constitutes an absolute assignment and not an assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower
as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall
be entitled to collect and receive all of the rents of the Property, and (c) each tenant of the Property shall pay all
rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that
would prevent Lender from exercising its rights under this Paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving
notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a
breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of
Lender. This assignment of rents of the Property shall temvnate when the debt secured by the Security Instrument is
paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9,
Lender may foreclose this Security Instrument by judicial proceeding and invoke any other remedies
permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this Paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title
evidence to the extent permitted under applicable law.
If Lender forecloses this Security Instrument, Lender shall give notice in the manner provided in
Paragraph 13 and to Borrower and any other persons prescribed by applicable law_ Leader shall also publish
and post the notice of sale, and the property shall be sold, as prescribed by applicable law_ Lender or its
designee may purchase the property at any sale. The proceeds of the sale shall be applied in the manner
prescribed by applicable law.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires
immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in
Pennsylvania Mortgage
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the Single Family Mortgage Foreclosure Act of 1994 ("Act ") (12 U.S.C. § 3751 et se ) by requesting a foreclosure
commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act
Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under
this Paragraph 18 or applicable law.
19. Release. Upon payment of all sums secured by this Security Instrument, this Security instrument and
the estate conveyed shall temninate 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.
20. Waivers. Borrowe , to the extent pemvtt ed 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
extension of time exemption from attachment, levy and sale, and homestead
providing for stay of execution, p
exemption.
21. Reinstatement Period. Borrower's time to reinstate provided in Paragraph 10 shall extend to one
hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
22. 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.
23. Interest Rate After Judgement Borrower agrees that the interest rate payable after a judgement is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the
Note.
24. Riders to this Security Instrument If one or more riders arc executed by Borrower and recorded
together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend
and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this
Security Instrument [Check applicable box(es)].
❑ Condominium Rider ❑ Graduated Payment Rider
❑ Planned Unit Development Rider ❑ Growing Equity Rider
❑ Other [specify]
The following signature(s) and acknowledgment(s) are incorporated into and made a part of this
Pennsylvania Mortgage dated December 10, 2009 between Krishna B. Herd, EverBank.
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
(Seal) (Seal)
Kristine B. erd - Borrower - Borrower
[Printed Name] [Printed Name]
(Seal) (Seal)
- Borrower - Borrower
[Printed Name] [Printed Name]
Certificate of Residence:,
I/We do hereby certify that the precise address of the within named mortgagee, assignee or person entitled to interest
is 8100 Nations Way, Jacksonville, PL 32256.
EverBank
By:
Its: Agent signing on behalf of EverBank
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ACKNOWLEDGMENT
State of �0s §
County of 6JOS t(AP 9 §
On this 1 b fN clay of �6EA. 2 �q before me, the undersigned officer,
personally appeared Krisfina B. Herd, known to me (or satisfactorily proven), to be the person whose name is
subscribed to the within instrument, and acknowledged that he (or they) executed the same for the purposes therein.
In witness whereof, I hereunto set my hand and official seal.
Signature 6f Officer
i
�-Eru�• N. � Wit' -T,-
Printed Name
Title of Officer
(Seal) My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Stephen M Reeves, Jr, Notary Pul*o
Cdy Of Harrisburg, DatpW County
MyC.onvnssion FXphes July 28, 2010
Member, Pennsylvania Association of Notaries
i
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EXHIBIT A
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of
East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly
described as follows:
BEGINNING at a point in the southern line of Valley Street 152.3 feet West of the southwest corner of the
intersection of Third and Valley Streets; THENCE southwardly along the western line of Lot No. 2,
Section E on the hereinafter mentioned Plan of Lots 158. 75 feet to a point in the northem line of a 16 feet
wide alley; THENCE westwardly along the northern line of said 16 feet wide alley, 50 feet to a point; j
THENCE northwardly along the eastern line of Lot No. 4, Section E, 157.5 feet to a point in the southern
line of Valley Street; THENCE eastwardly along the southern line of Valley Street 50 feet to a point, the
place of BEGINNING.
BEING Lot No. 3, Section E on the Revised Plan of Lots known as Summerdale, said Plan being recorded
in the Cumberland County Recorder's Office in Plan Book 2, Page 109.
HAVING thereon erected a two story frame single family dwelling.
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE -
CARLISLE, PA 17013 -
717 - 240 -6370 A.
Instrument Number - 200941473
Recorded On 12/14/2009 At 1:40:32 PM * Total Pages - 12 i
* Instrument Type - MORTGAGE
Invoice Number - 57685 User ID - KW .
* Mortgagor - HERD, IMSTINA B
* Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC
* Customer - ASSURED LAND
* FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS /ACCESS TO $23.50
JUSTICE DO NOT DETACH
RECORDING FEES — $25.50
RECORDER OF DEEDS This page is now part
PARCEL CERTIFICATION $10.00 of this legal document.
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE- $3.00
TOTAL PAID $76.00
I Certify this to be recorded
in Cumberland County PA
of cum
RECORDER 010 �EDS
r�a+o
* - Information denoted by an asterisk way change during
the verification process and may not be reflected on this page.
0009mc
Illllllil 1111[1 I I III I �I
Recording Requested By:
Bank of America
Prepared By:
Srbui Muradyan p03VL0
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
DocID9
Tax ID: 09 -12- 2994 -071
Property Address:
307 Valley St
Summerdale, PA 17093 -8042
Property Location:
Township of EAST PENNSBORO
PAO-AM 15380308 10/12011 This space for Raordu s use
MIN #: 100063415400639227 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 400 NATIONAL WAY, SIMI
VALLEY, CA 93065 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: EVERBANK
Mortgagor(s): KRISTINA B. HERD
Date of Mortgage: 12/10/2009 Original Loan Amount: $98,090.00
Recorded in Cumberland County,PA on: 12!1412009, book NIA, page N/A and instrument number 200941473
This Mortgage has not been assigned unless otherwise stated below:
IN WITNESS WHEREOF, the undersigned has caused this Assignment of Mortgage to be executed on
tv -3- It
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC.
By:
Chester Levings Assistant �cr a ry
State of California
County . of Ventura
i
On before m e, S � uC�, Notary Public personally appeared
w o proved to me on the basis bf satisfactory evidence to be the person(*) whose names) islam subscribed to the
within instrument and acknowledged to me that he/she /they executed the same in his /haiWtbeir authorized capacity
(ies), and that by his/her /their signatureW on the instrument the person(&), or the entity upon behalf of which the
person(g) acted, executed the instrument.
1 certify under PENALTY OF PEP-JURY under the laws of the State of California that the foregoing
paragraph is true and correct
WITNESS my hand and official seal. OEE ANN WESTFALL CORTES�
Commisslon * 1805013
-a Notary Public - California
Las Angeles County
otary Public: (Seal) M Comm. Expires Jul 1. 2012
My Commission Expires:
I hereby certify that the address of the within named assignee is:
101 BARCLAY ST - 4W, NEW YORK ,NY 10286
Signature
DOclD# 46013194546772238
ROBERT P. ZIEGLER !
RECORDER OF DEEDS
CUMBERLAND COUNTY j
1 COURTHOUSE SQUARE - - -
CARLISLE, PA 17013 f
717- 240 -6374 -
�t to
Instrument Number - 201128891
Recorded On 10/19/2011 At 11:47:23 AM *Total Pages - 3
* Instrument Type - ASSIGNMENT OF MORTGAGE
Invoice Number - 95201 User ID - KW
* Mortgagor - HERD, KRISTiNA B
* Mortgagee - BANK OF AMERICA N A
*Customer - CORELOGIC
* FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS /ACCESS TO $23.50
JUSTICE DO NOT DETACH
RECORDING FEES — $11.50
RECORDER OF DEEDS This page is now part
PARCEL CERTIFICATION $10.00
FEES of this legal document.
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $50.50
I Certify this to be recorded
in Cumberland County PA
+ off gab
0
RECORDER O D DS
t�ao
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
003V-0
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of
East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly
described as follows:
BEGINNING at a point in the southern line of Valley Street 152.3 feet West of the southwest corner of the
intersection of Third and Valley Streets; THENCE southwardly along the western line of Lot No. 2,
Section E on the hereinafter mentioned Plan of Lots 158.75 feet to a point in the northern line of a 16 feet
wide alley; THENCE westwardly along the northern line of said 16 feet wide alley, 50 feet to a point;
THENCE nouthwardly along the eastern line of Lot No. 4, Section E, 157.5 feet to a point in the southern
line of Valley Street; THENCE eastwardly along the southern line of Valley Street 50 feet to a point, the
place of BEGINNING.
BEING Lot No. 3, Section E on the Revised Plan of Lots known as Summerdale, said Plan being recorded
in the Cumberland County Recorder's Office in Plan Book 2, Page 109.
HAVING thereon erected a two story frame single family dwelling.
PRESORT
First -Class Mail
PO Box 9048 U.S. Postage and
Temecula, CA 92589 -9048 Fees Paid
7196 9006 9296 4830 6591 wso
20130118 -7
'll lI
KRISTINA B. HERD
307 Valley Street
Summerdale, PA 17093
C3_1445 BLQPA214091 08124/2011
January 18, 2013
Sent Certified Mail:
7196 9006 9296 4830 6591
Return Receipt Requested
KRISTINA B. HERD
307 Valley Street
Summerdale, PA 17093
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
Dear KRISTINA B. HERD,
The MORTGAGE held by BANK OF AMERICA, N.A. and serviced by Bank of America, N.A. (hereinafter we, us or
ours) on your property located at 307 Valley Street Summerdale, PA 17093, IS IN SERIOUS DEFAULT because
you have not made the monthly payments in the amounts shown below for the months of 06/01/2011 - 01/3112013.
Monthly Charges: 06101/2011 - 11/30/2011 @ $732.12 $4,392.72
12/01/2011 - 01/31/2013 @ $720.87 $10,092.18
Late Charges: 06/01/2011 - 11/30/2011 @ $29.28 $175.68
12/01/2011 - 01/31/2013 @ $28.83 $403.62
Other Charges: Additional Uncollected Late Charges: $0.00
Uncollected Costs: $34.50
Partial Payment Balance: 0.00
TOTAL DUE: $15,098.70
Late charges and other charges have also accrued to this date in the amount of $613.80. The total amount now
required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is
$15,098.70.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of
$95,098.70, plus any additional monthly payments and late charge which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check or money order, and made at Bank of
America, N.A.at P.O. Box 15222, Wilmington, DE 19886 -5222.
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage
payments. This means that whatever is owing on the original amount borrowed will be considered due immediately
and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount
of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to
foreclose your mortgaged property. if the mortgage is foreclosed your mortgaged property will be sold by the Sheriff
to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal
proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if
they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our
reasonable costs. if you cure the default within the thirty day period, you will not be required to pay attorney's fees.
7196 9006 9296 4830 6591
We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you
have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the
right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You
may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as
well as the reasonable attorney's fees and costs connected with the foreclosure sale [and perform any other
requirements under the mortgage]. It is estimated that the earliest date that such a Sheriffs sale could be held would
be approximately six (6) months from the date of this Notice. A notice of the date of the Sheriff 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 will be by calling us at the following number: 1- 800 - 669 -0578.
This payment must be in cash, cashier's check, certified check or money order and made payable to us at the
address stated above.
You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in
it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property. YOU 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 THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR
TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT
CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However,
you are not entitled to this right to cure your default more than three times in any calendar year."
C3_3222_BRECDISC 15352 09/24/12
IMPORTANT DISCLOSURES
If you are currently in a bankruptcy proceeding, or have previously obtained a discharge of this debt under
applicable bankruptcy law, this notice is for information only and is not an attempt to collect the debt, a
demand for payment, or an attempt to impose personal liability for that debt. You are not obligated to
discuss your home loan with us or enter into a loan modification or other loan- assistance program. You
should consult with your bankruptcy attorney or other advisor about your legal rights and options.
Bank of America, N.A., the servicer of your home loan, is required by law to inform you that this
communication is from a debt collector.
There has been a payment default or other default on your loan that could result in acceleration of all sums
due under the Note. As a result, Bank of America, N.A. will use companies, including its affiliates LandSafe
Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc., LandSafe Title of Washington, Inc.,
LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc.,
ReconTrust Company, N.A., and LandSafe Appraisal Services, Inc., to provide services required to protect
the Noteholder's interest and rights in the property and under the note and security instrument, including any
remedies thereunder (the "Default Related Services "). Bank of America, N.A. will assess fees to your loan
account for the Default Related Services, including those provided by its affiliates. A schedule of fees that
may be charged to your account for Default Related Services is available at the following web address:
htto: / /www.bankofamerica.com /defaultfees If you do not have internet access, please contact us at
1- 800 - 669 -6607, Monday through Thursday 8 a.m. - 11 p.m. Eastern, Friday 8 a.m. - 9 p.m. Eastern,
Saturday 9 a.m. - 3 p.m. Eastern, to have a fee schedule mailed to you. The fee schedule contains a
complete list of the default - related services you could be charged, but does not include a complete list of all
fees or charges that could be assessed on your loan account.
MILITARY PERSONNEL/SERVICEMEMBERS If you or your spouse is a member of the military, please
contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford
significant protections and benefits to eligible military service personnel, including protections from
.foreclosure as well as interest rate relief. For additional information and to determine eligibility please
contact our Military Assistance Team toll free at 1- 877 - 430 -5434. If you are calling from outside the U.S.
please contact us at 1- 817- 685 -6491.
7196 9006 9296 4830 6591
DIVULGACIONES IMPORTANTES
Si usted se encuentra actualmente en un procedimiento de quiebra, o ha obtenido previamente una
exoneraci6n de esta deuda bajo la ley aplicable sobre quiebra, este no es un intento de recaudaci6n, una
demanda de pago o un intento de imponer una responsabilidad personal por esa deuda. Usted no esta
obligado(a) a hablar de su prestamo para vivienda con nosotros ni a participar en un programa de
modificaci6n de prestamos u otro programa de asistencia para prestamos. Usted debe consultar con su
abogado especializado en quiebras u otro asesor acerca de sus opciones y derechos legales.
Bank of America, N.A., el administrador de su prestamo para vivienda esta obligado por ley a informarle a
usted que esta comunicaci6n proviene de un cobrador de deudas.
Ha ocurrido un incumplimiento de pago u otro tipo de incumplimiento con su prestamo que podria resultar en
la aceleraci6n de todos las cantidades adeudadas bajo el Pagar6. Como resultado, Bank of America N.A.
utilizara companias, incluyendo sus afiliados LandSafe Default, Inc., LandSafe Services, LLC., LandSafe
Title of California, Inc., LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe
Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, NA, y Landsafe Appraisal
Services, Inc., para proporcionar servicios necesarios para proteger los intereses del Titular en la propiedad
y sus derechos bajo el instrumento de seguridad y el pagar6, incluyendo cualquiera de sus recursos (los
"Servicios relacionados a un incumplimiento "). Bank of America, N.A. aplicara cargos a la cuenta de su
prestamo por los servicios relacionados a un incumplimiento, incluyendo los servicios proporcionados por
sus afiliados. Una lista de los cargos que podrian cobrarse a su cuenta por servicios relacionados a un
incumplimiento esta disponible en el sitio de Internet: ( hftr):// www. bankofarnerica.com /defauitfeesl Si usted
no tiene acceso a internet, por favor comuniquese con nosotros al 1- 800 - 669 -6607 de lunes a jueves de 8 a.
m. a 11 p. m, hora del este, viernes de 8 a. m. a 9 p. m. hora del este, sabados de 9 a. m. a 3 p. m. hora del
este. para pedir que se le envie una lists de cargos por correo. La lista de cargos contiene una lista
completa de los servicios relacionados por incumplimiento que le podian cobrar, pero no incluye una lista
completa de todos los costos y cargos que podrian ser aplicados a la cuenta de su prestamo.
PERSONAL MILITAR/ MIEMBROS DE LAS FUERZAS ARMADAS Si usted o su c6nyuge es un miembro
del servicio militar, por favor comuniquese con nosotros inmediatamente. La Ley federal de Ayuda Civil
para Miembros de las Fuerzas Armadas y las leyes estatales comparables otorgan protecciones y beneficios
significativos al personal del servicio militar sue califique incluidas protecciones contra la ejecuci6n
hipotecaria asi como tambien ayuda en la tasa de interes. Para obtener mss informaci6n y determinar su
calificaci6n por favor Ilame sin costo a nuestro Equipo de Asistencia para el Servicio Militar al
1- 877 - 430 -5434. Si usted llama desde fuera de los Estados Unidos por favor comuniquese con nosotros al
1- 817- 685 -6491.
7196 9006 9296 4830 6591
C3_5088 OPTAVDFC 15319 09/24/2012
Options are Available to Help You
Avoid Foreclosure
Call the number on the enclosed notice to learn more.
When you call, please have your income and expense information available
so we can discuss which option(s) could work for you.
Options to consider if your goal is to stay in your home
Home Affordable A federal government program that allows you to repay the loan on newly agreed upon terms,
Modification which may include lowering the interest rate, placing past due amounts at the end of the loan,
Program (HAMP) and /or extending the term of the loan. You may be eligible for this program if you meet the
following requirements:
• The amount you owe on the first mortgage is equal to or less than $729,750 for a
single - family home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or
$1,403,400 for a 4 unit property
• You have documented a financial hardship and represented that you do not have sufficient
liquid assets to make the monthly mortgage payments.
• Your mortgage was obtained before Jan. 1, 2009.
• The property securing the mortgage loan has not been condemned or is not in such poor
physical condition that it is not habitable even if not condemned
• The mortgage is secured by a one to four unit property
Loan If you can bring your loan payments up to date, we will accept the funds needed to bring the
Reinstatement loan up to date until the day of your foreclosure sale.
Repayment Plan A repayment plan allows you to make your regularly scheduled mortgage payments, plus pay
off a portion of the past due amounts over time. This may include principal, interest, fees,
and /or costs assessed to your loan.
Temporary An agreement whereby we agree not to proceed with foreclosure and /or collection of payments
Forbearance for a period of time, to allow you to re- establish your ability to make the required payments.
Agreement
Loan Modification A loan modification is a change to the original terms of your loan. Loan modifications could
(non -HAMP) include lowering your interest rate, extending the term or maturity date of the loan, moving
from an adjustable to a fixed -rate loan, deferring some portion of the unpaid principal balance
to the end of the loan, and /or forgiving some portion of the unpaid principal balance.
Partial Claim (FHA If you have a Federal Housing Administration (FHA) loan and your payments are past due but
loans only) you are now able to make your regular monthly mortgage payment, this program is designed to
bring your loan up to date by creating a second mortgage /lien on your property for the amount
that is past due.
Options to consider if you cannot or do not wish to stay in your home
Home Affordable Designed to help borrowers who are eligible for the Home Affordable Modification Program
Foreclosure (HAMP) but were unsuccessful in securing a permanent modification through the program.
Alternatives HAFA provides the option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A
Program (HAFA) short sale is a transaction in which you sell your property for less than the total amount owed
on the loan (subject to agreement by your servicer /lenderfinvestor), resulting in the release of
our lien on your home and avoidance of foreclosure. A deed in lieu of foreclosure is a
transaction in which you agree to voluntarily transfer ownership of your property to us in order
to avoid foreclosure.
Short Sale/ If you can no longer afford to make your mortgage payments and your home is worth less than
Pre- foreclosure you owe, a short sale may allow you to sell your home to pay off the mortgage. In a short sale,
Sale (non -HAFA) the lender agrees to accept an amount less than what is actually owed on the loan. Offered to
borrowers who are not eligible for HAMP or other home retention alternatives.
Deed in Lieu of Used as an alternative to foreclosure, with a deed in lieu of foreclosure, you transfer ownership
Foreclosure of your house and all property secured by your mortgage loan. This may satisfy the total
(non -HAFA) amount due on that mortgage. Offered to borrowers not eligible for HAMP or other home
retention alternatives, and who were not able to sell the property through a short sale.
We are here to help you. Please call us today.
7196 9006 9296 4830 6591
Hay opciones disponibles para ayudarle a
Evitar la Ejecucion Hipotecaria
Llame al n6mero que aparece en la notificacion adjunta para obtener mas
informacion
Cuando Ilame, por favor tenga a la mano la informacion de sus ingresos y gastos para que podamos
discutir cuales opciones podrian funcionar para usted.
Opciones a considerar si su objetivo es permanecer en su casa
Home Affordable Es un programa del gobierno federal que le permite pagar el pr6stamo bajo los nuevos
Modification terminos acordados, que pueden incluir la reducci6n de la tasa de interes, agregar
Program (RAMP) cantidades vencidas al final del pr6stamo, y/o extender el plazo del pr6stamo. Usted
puede calificar para este programa si cumple con los siguientes requisitos:
• La cantidad que usted adeuda de su primera hipoteca es igual o menor que $729,750
d6lares para una vivienda unifamiliar, $934,200 d6lares para una propiedad de 2
unidades, $1,129,250 d6lares para una propiedad de 3 unidades o $1,403,400 para
una propiedad de 4 unidades
• Usted ha documentado que atraviesa por una dificultad financiera y declarado que no
tiene suficiente liquidez para hacer los pagos mensuales de la hipoteca.
• Obtuvo su hipoteca antes del 1 de enero de 2009.
• La propiedad que garantiza el pr6stamo hipotecario no ha sido condenada o no est6 en
malas condiciones fisicas como para no poder habitarse incluso si no este condenada.
• La hipoteca esta garantizada por una propiedad de una a cuatro unidades.
Restablecimient Si usted poner al dia los pagos de su pr6stamo, aceptaremos los fondos necesarios
o del Prdstamo para que el pr6stamo este al dia hasta la fecha de la venta por ejecuci6n hipotecaria.
Plan de Pago Un plan de pago le permite a usted hater sus pagos hipotecarios regulares, ademas de
pagar una porci6n de los montos vencidos a traves del tiempo. Esto puede incluir capital,
interes, cargos o costos aplicados a su pr6stamo.
Acuerdo Es un acuerdo en el cual aceptamos no proceder con la ejecuci6n hipotecaria y/o el cobro
Temporal de de los pagos por un periodo de tiempo, para permitirle que restablezca su habilidad de
Tolerancia por hater los pagos requeridos.
incumplimiento
Modificaci6n de Una modificaci6n del prestamo es un cambio en los terminos originates de su pr6stamo,
Pr6stamo Las modificaciones podrian incluir reducir su tasa de interes, extender el termino o la fecha
(no por medio de pago del pr6stamo, cambiar de un pr6stamo de tasa de interes ajustable a uno de tasa
de HAMP) de interes fija, diferir una parte del saldo del capital impagado al final del pr6stamo, y/o
condonar una parte del saldo de capital impagado.
Reclamo Parcial Si usted tiene un pr6stamo de la Administraci6n Federal de Vivienda (FHA) y sus pagos
(solamente estan vencidos, pero ahora puede hater sus pagos regulares mensuales de la hipoteca,
pr6stamos de la este programa este disenado para que su pr6stamo este al dia mediante la creaci6n de
FHA) una segunda hipoteca / gravamen sobre su propiedad por el monto que esta vencido.
7196 9006 9296 4830 6591
Opciones a considerar si no puede o no desea quedarse en su casa
Home Affordable Disenado para ayudar a los prestatarios que califican para el Programa de Home
Foreclosure Affordable Modification (RAMP), pero no consiguieron obtener una modificaci6n
Alternatives permanente a trav6s del programa. HAFA ofrece la posibilidad de una vents en
Program (HAFA) descubierto y, si no tiene exito, una escritura de traspaso voluntario de propiedad en lugar
de la ejecuci6n hipotecaria. Una venta en descubierto es una transacci6n en la que usted
vende su propiedad por menos de la cantidad adeudada en el prestamo (sujeto a previo
acuerdo de su administrador / prestamista / inversionista), resultando en la liberaci6n de
nuestro derecho de retenci6n sobre su propiedad y evitar la ejecuci6n hipotecaria. Una
escritura de traspaso voluntario de propiedad en lugar de la ejecuci6n hipotecaria es una
transacci6n en la que usted esta de acuerdo de transferir voluntariamente las escrituras de
su propiedad a nosotros con el fin de evitar la ejecuci6n hipotecaria.
Venta en Si usted ya no puede hacer sus pagos hipotecarios y su vivienda vale menos de to que
descubierto / usted adeuda, una venta en descubierto le podria permitir vender su vivienda para pagar
Venta previa a la la hipoteca. En una venta en descubierto, el prestamista acepta recibir una monto menor
ejecuci6n de to que actualmente se adeuda en el prestamo. Se ofrece a los prestatarios que no
hipotecaria (no por califican para HAMP o para otras alternativas de retenci6n de la vivienda.
medio de HAFA)
Escritura de Se usa Como una alternativa de la ejecuci6n hipotecaria. Con una escritura de traspaso
traspaso de voluntario de propiedad en lugar de la ejecuci6n hipotecaria, usted transfiere la titularidad
propiedad en lugar de su vivienda y toda la propiedad que garantiza su prestamo hipotecario. Esto puede
de la ejecuci6n hater que el monto total vencido de esa hipoteca se considere Como pagado. Se ofrece a
hipotecaria (no por prestatarios que no califican para HAMP u otras opciones de retenci6n de vivienda, y que
medio de HAFA) no pudieron vender la propiedad a trav6s de una venta en descubierto.
Estamos aqui para ayudarle. Por favor Ilamenos hoy.
I•V�
l
� 1
1664 THE COURTS
FORM 1
BANK OF AMERICA, N.A., SUCCESSOR IN THE COURT OF COMMON PLEAS
BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY,
SERVICING, LP FKA COUNTRYWIDE i PENNSYLVANIA
HOME LOANS SERVICING, LP
475 Crosspoint Parkway
Getzville, NY 14068,,
13 -- ass 9 CIVI
Plaintiff, - a te
Vs.
nr N m
i -<y r-A CD t
* C11' Q M.W
Kristina B. Herd
307 Valley Street as
Summerdale, PA 17093, =°t
Defendant
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your
home.
If you own and live in the residential property which is the subject of this foreclosure
action, you may be able to participate in a court- supervised conciliation conference in an effort to
resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must
contact MidPenn Legal Services at (717) 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 within twenty (20) days of the appointment date. During that meeting, you must
provide the legal representative with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your legal representative complete a
financial worksheet in the format attached hereto, the legal representative will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within
sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled, you will have an opportunity to meet with a representative
of your lender in an attempt to work out reasonable arrangements with your lender before the
mortgage foreclosure suit proceeds forward.
PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012
r ,
If you are represented by a lawyer, you and your lawyer must take the following
steps to be eligible for a conciliation conference. It is not necessary for you to contact
MidPenn Legal Service for the appointment of a legal representative. However, you must
provide your lawyer with all requested financial information so that a loan resolution proposal
can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the
format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference
with the Court, which must be filed with the Court within sixty (60) days of the service upon you
of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will
have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND
TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted
z3
os
Date tm ai !!—S e ,Esquire
l stead & o iates, LLC
220 Lake D •ve E st, Suite 301
Cherry Hill, NJ 002
856- 482 -140
856- 482 -9190 (f)
PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012
THE COURTS 1665
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Date Financial Worksheet
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances
to determine possible options while working with your
Please provide the following information to the best of your knowledge:
CUSTOMER /PRIMARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No E l l Listing date: 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?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Email: Cell: Other:
# of people in household: How long?
FINANCIAL INFORMATi77
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 ❑
45.24945
PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012
1.666 THE COURTS
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 #2: Model: Year:
Amount Owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount Owed: Value
Monthly Income
Name of Employees:
1.
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2° Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered
Auto fuel/repairs Other prop. payment
Install. Loan Payments Cable TV
Child Su ordAlim. Spending Money
Day /Child Care /Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
45.24945 2
PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012
THE COURTS 1667
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 know, regarding your lender or lender's loan servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I/We, , authorize the above
named to use /refer this information to my lender /servicer for the sole purpose of
evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no
obligation to use the services provided by the above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and lender's counsel:
✓ Proof of income
✓ Past 2 bank statements
✓ Proof of any expected income for the last 45 days
✓ Copy of a current utility bill
✓ Letter explaining reason for delinquency and any
supporting documentation (hardship letter)
✓ Listing agreement (if property is currently on the
market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff TFIE.- PRO
v6o�jp fit emub"t, T80 OTI�f,,,;
Jody S Smith
Chief Deputy IL113 KA y 13 AN 10: 3-7
Richard W Stewart CUMBER
LANO
Solicitor I COUNTY
PENNSYLVANIA
Bank of America, N.A. Case Number
vs.
Kristina B Herd 2013-2259 I
SHERIFF'S RETURN OF SERVICE
0510212013 05:36 PM-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:
Kristina B Herd at 307 Valley Street, East Pennsboro, Summerdale, PA 170
-q4aUWGrIJTSHALE-,-9ffrUTY-
SHERIFF COST: $46.08 SO ANSWERS,
May 03, 2013 R-ONO R ANDERSON, SHERIFF
(c)OounlySulle Sheriff,Toleosoft,Inc,
•
MILSTEAD& ASSOCIATES, LLC “ '' al ! `{i
BY: Patrick J. Wesner, Esquire
ID No. 203145 1014 FEB 14 PH 3: 50_
B
1 East Stow Road
Marlton,NJ 08053 CUMBERLAND COUNTY
(856) 482-1400 Attorney for a nti�f NIA
45.24945
BANK OF AMERICA, N.A., SUCCESSOR COURT OF COMMON PLEAS
BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY
SERVICING, LP FKA COUNTRYWIDE
HOME LOANS SERVICING,LP,
Plaintiff, No.: 13-2259 Civil Term
Vs. Praecipe to Dismiss the Mortgage
Foreclosure Action without Prejudice
Kristina B. Herd,
Defendant(s).
TO THE PROTHONOTARY:
Kindly dismiss the above captioned Mortgage Foreclosure Complaint without
Prejudice.
MILSTEAD & ASSO TELC
Patrick J. Wesner,Esquire /
Attorney ID No. 203145