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HomeMy WebLinkAbout13-2795 Supreme Co, 0 WnnSylvania Cou . of :CoM mD P18aS For Prothonotary Use Onl Q Sb eet Docket No: Cue; and` County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S E Complaint 0 Writ of Summons Petition E ❑❑ Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Bank of America, N.A. Robert S. Martens I Are money damages requested? 0 Yes 0 No Dollar Amount Requested: ❑ within arbitration limits 0 (check one) Ooutside arbitration limits N Is this a Class Action Suit? ❑ Yes EM No Is this an MDJAppeal? 0 Yes ER No A Name of Plaintiff /Appellant's Attorney: Scott M. Rothman Check here if you have no attorney (are a Self - Represented [Pro Sel 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 you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution M Debt Collection: Credit Card 0 Board of Assessment I❑ Motor Vehicle IIJ Debt Collection: Other P3 Board of Elections 0 Nuisance E3 Dept. of Transportation 0 S Premises Liability ❑ Statutory Appeal: Other Product Liability (does not include E mass tort) 0 Employment Dispute: ❑Q Slander/Libel/ Defamation Discrimination C El Other: ❑ Employment Dispute: Other 0 Zoning Board 'I' ❑ Other: I 1 ❑ Other: 0 MASS TORT 0 Asbestos N 0 Tobacco Toxic Tort - DES Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B �]' Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord /Tenant Dispute 0 Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial -J Quo Warranto n Dental ❑ Partition ❑ Replevin Legal IJ Quiet Title 0 Other: . Medical n Other: Other Professional: Updated 1/1/2011 'FILED - 't HALBERSTADT CURLEY LLC 71 ' PRc THONO TA r, ­ By: Scott M. Rothman Attorney Identification No. 201478 2013 MA 1 7 F9t1 :2 1100 E. Hector Street, Suite 425 CUP3Rt ACI Conshohocken, PA 19428 COUNTY 610 834 8819 P ENNSYLV ANIA 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA, N.A., Successor by COURT. OF COMMON PLEAS Merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f /k/a Countrywide Home Loans Servicing, LP CIVIL ACTION -QUIET TITLE 1800 Tapo Canyon Road Simi Valley, CA 93063 q NO. J � • p�� / � t vl Plaintiff V. ROBERT S. MARTENS 645 N. Mount Joy Street Elizabethtown, PA 17022 MARIA C. MARTENS 118 2nd Street Boiling Springs, PA 17007 COUNTRYWIDE HOME LOANS, or its Successor in Interest 7105 Corporate Drive Plano, TX 75024 CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION 4 East Liberty Avenue Carlisle, PA 17013 UNIFUND CCR PARTNERS 10625 Techwoods Circle Cincinnati, OH 45342 MIDLAND FUNDING, LLC, Assignee of Bank of America 8875 Aero Drive San Diego, CA 92123 Cie- k- S `�� _M°� bCo� Cp HAMPDEN TOWNSHIP 230 S. Sporting Hill Road Mechanicsburg, PA 17050 COMMONWEALTH FINANCIAL SYSTEMS, INC. 245 Main Street Dickson City, PA 18519 Defendants. NOTICE TO DEFEND 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 AVISO Le han demandado a usted en la corte. 'Si usie' d quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notificaci6n. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ES CRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA, N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION -QUIET TITLE 1800 Tapo Canyon Road Simi Valley, CA 93063 NO. Plaintiff V. ROBERT S. MARTENS 645 N. Mount Joy Street Elizabethtown, PA 17022 MARIA C. MARTENS 118 2nd Street Boiling Springs, PA 17007 COUNTRYWIDE HOME LOANS, or its successor in interest 7105 Corporate Drive Plano, TX 75024 CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION 4 East Liberty Avenue Carlisle, PA 17013 UNIFUND CCR PARTNERS 10625 Techwoods Circle Cincinnati, OH 45342 MIDLAND FUNDING LLC, Assignee of Bank of America 8875 Aero Drive San Diego, CA 92123 HAMPDEN TOWNSHIP 230 S. Sporting Hill Road Mechanicsburg, PA 17050 COMMONWEALTH FINANCIAL SYSTEMS, INC. 245 Main Street Dickson City, PA 18519 Defendants. COMPLAINT Plaintiff, Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP through its undersigned attorney, by way of Complaint brought pursuant to Pa. R.C.P. 1061 et seq., avers as follows: 1. Plaintiff, herein is Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, f /k/a Countrywide Home Loans Servicing, LP, (hereinafter the "Plaintiff'), a national banking association registered to conduct business in the Commonwealth of Pennsylvania, with offices located at the address as captioned above. 2. Defendants Robert S. Martens and Maria C. Martens (hereinafter the "Defendants "), upon information and belief, are adult individuals who reside at the above captioned addresses. 3. Defendant, Countrywide Home Loans, or its successors in interest is hereby joined and made a party Defendant to the action herein due to a Mortgage, executed by Defendants Robert S. Martens and Maria C. Martens, recorded with the Cumberland County Recorder of Deeds on September 21, 2004, in Book 1881 at Page 2730. 4. Defendant, Cumberland County Department of Adult Probation is hereby joined and made a party Defendant to the action herein due to a judgment against Defendant Robert S. Martens under Docket Number 2007 -3932. 5. Defendant, Unifund CCR Partners is hereby joined and made a party Defendant to the action herein due to a judgment against Defendant Maria C. Martens under Docket Number 2008 -1441. 6. Defendant, Midland Funding LLC, Assignee of Bank of America, is hereby joined and made a party Defendant to the action herein due to a judgment against Defendant Maria C. Martens under Docket Number 2008 -6942. 7. Defendant, Hampden Township is hereby joined and made a party. Defendant to the action herein due to judgments against Defendants Robert S. Martens and Maria C. Martens under Docket Numbers 2011 -5657, 2012 -3343 and 2012- 06148. 8. Defendant, Commonwealth Financial Systems, Inc. is hereby joined and made a party Defendant to the action herein due to a judgment against Defendant Robert S. Martens under Docket Number 2011 -8935. 9. Jurisdiction and venue are proper given that the real property at issue is located in Cumberland County. 10. The Property subject of this Action is designated as Parcel No. 10 -18- 1312 -138, the County of Cumberland, Commonwealth of Pennsylvania, and is commonly known as 3608 Dwayne Avenue, Mechanicsburg, PA 17050. Said Property is more particularly described in the legal description attached hereto as Exhibit "A." 11. Pursuant to a deed (the "Deed ") recorded with the Cumberland County Recorder of Deeds on January 8, 2001, in Book 237 at Page 386, title to the Property was vested with Defendants Robert S. Martens and Maria C. Martens. A true and correct copy of the Deed is attached hereto as Exhibit `B." 12. Defendant Robert S. Martens executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for America's Wholesale Lender a mortgage (the "Mortgage "), dated October 7, 2002, and recorded with the Cumberland County Recorder of Deeds on October 16, 2002, in Book 1777 at Page 3565 describing with particularity the Property set forth in Paragraph 10 of this Complaint. A true and correct copy of the Mortgage is attached hereto as Exhibit "C." 13. Plaintiff herein is proper party plaintiff pursuant to an Assignment of Mortgage recorded with the Recorder of Deeds Office in Cumberland County on December 5, 2006 in Book 732 at Page 2768 in which Mortgage Electronic Systems, Inc. as nominee for America's Wholesale Lender assigned all of its rights, title and interest in the Mortgage to Countrywide Home Loans, Inc. Subsequently an Assignment of Mortgage (the "Assignment ") was recorded with the Recorder of Deeds Office in Cumberland County on February 21, 2012 under Instrument Number 201204991 assigning all rights, title and interest in the Mortgage to Plaintiff, Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP. A true and correct copy of the Assignment is attached hereto as Exhibit "D." 14. Due to an apparent mistake, and despite the apparent intentions of the parties, Maria C. Martens failed to execute the Mortgage. 15. At all times material and relevant hereto, Plaintiff and Defendants, Robert S. Martens and Maria C. Martens, intended that the Mortgage encumber the Property, exclusively and without division, with a lien of the first priority, from and after October 16, 2002, as an instrument securing the loan given to the Defendants. 16. As the result of inadvertence, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office without including Maria C. Martens as a signor and mortgagor. 17. Upon information and belief, the parties intended for Maria C. Martens to execute the Mortgage as a co -owner of the subject Property. 18. Defendant Maria C. Martens applied for and executed the loan application as a co- borrower. 19. Unless the court reforms the Mortgage through the addition of Maria C. Martens as a co- mortgagor, the Defendants will reap an unfair windfall as a result of having received loan proceeds that remain unsecured by the intended collateral. 20. Upon discovery that the Mortgage was recorded without including Defendant, Maria C. Martens as co- mortgagor, Plaintiff caused a demand letter (hereinafter the "Demand Letter ") to be sent via regular and certified mail to the Defendants, Robert S. Martens and Maria C. Martens, requesting cooperation in re- executing and recording the Mortgage. A true and correct copy of the Demand Letter is attached hereto as Exhibit "E." 21. No response to the Demand Letter has been received by the Plaintiff as of the date of this Complaint. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order with respect to the real property known as 3608 Dwayne Avenue, Mechanicsburg, PA 17050: a. The Mortgage attached hereto as Exhibit "C" shall be reformed nunc pro tune, either directly by Court Order, or through a Reformation of Mortgage instrument executed by the Prothonotary on behalf of Maria C. Martens; b. The Order and/or Reformation of Mortgage Instrument shall be accepted by the Office of the Recorder of Deeds for recordation within the chain of title to the subject Property; C. Declaring that Plaintiff's Mortgage, as hereby reformed, represents a valid first lien on the Property and encumbers the interest of Defendants Robert S. Martens and Maria C. Martens in the Property; d. Declaring that the Mortgage, as hereby reformed, is senior in lien priority to the judgment and/or mortgage liens held by the Defendant lien holders; e. The Order shall direct that the Mortgage, as reformed, relates back to the original recording date of the original mortgage. f Taxable costs; g. Such other and further relief as the Court deems appropriate. HALBERSTADT CURLEY LLC Date: �`' By: Scott M. Rothman I _ VERIFICATION , in my capacity as Ce? n behalf t�n of Plaintiff, hereby verify the factual statements contained in the foregoing Complaint are true and correct to the best of my present knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: _ L �C� Off' Aft)e /"t EXHIBIT A r 3t 'A E ALL THAT CERTAIN tr#Ot Or M0*1 Of ground situated in Anppdgn Texnehip Cumbarlaind CoUnty, MMyi'ranis earn particularly bounded and described as follows, 44 WJUI 2"Ii2HIft 4L 4 Pdint on the northern right of M li ft Of Wayne Avenue At th4 444ding lift )�#twmwn Lots Nce, mantionod Plan Of LOt6t thence along an 41i L1�� )y4taih�tte id div �(iAg 04 1 14i vi dbt #h (9} dngrna� t)1SYtY (34) Miffiltn# fifty-might ( a4g9nd; Weot one )fiimde4d ( 00t to line Of Ldt I4a, 37; thenca ,along the @ #Mo and along li Of Wt No, 36, h6fth e (52) darer ;n* tw$ftty -r}iR6 129f yjinut46 Stio (2) d4{}4ild4 feet on■ hundred (100) East to A 1,144 of LOO 114, Adi Ghat 06 along the name south seven (9) dmgr##4 thlrry (34) mi yUt#d' fif - sight (38) d'#cOnde seat one hundred ( 1¢9) faer, r.o the h6tthteh fight of WaY Of DOAYhe Avenuar thence along tht mw lomo. tighLy -C,WO (42) 049 65 C""'Y -dihe (29) minutes two (I) aecond4i w42t 0110 1lLfli Ib (140) t4'er' rO Ght lln4 bf Lot No. 44f the pLnce of beginning, Parcel 10-liB 1313 -134 Dodd Book 237 ?ago 386 EXHIBIT B 07 - 15 -'1 18,15 FR M Abstracts 7175454106 T - 540 P0005/0028 F-028 THIS DEED r 6t TT M1�'��� '� Trxt'arSlalfJo.itA- lti- f31�t3tt n MADE tha oy rh day of Iinunef GOTWili -jN ROSURT $ MARTfifilt marrfad mmj of ifampdon TiilWlri1111p. Ournbartand O unty, Parmaytvanis, G __- "_ , AND ROBE ff 8, MARTENS " MARIA G. MARTENS, hurband and wr*, of HOMPOV Twnehllr: Ciin"lttfld e4umy ONANTEt'.3 WITIRISM that to mmkiondion of Lino and fitimOO ($1,09) DiAl ID h oo d p#J4 ltta MW Yf)flf44 If t"}+ ***W*;fM ft fo ld Grti or h" by Vkm and mrwap in f40 arm to 1ho z*d grogms, )i+Flt r ALL TRAT CERTAIN tryst or parml of pmund altuatad in Hr+fOn T,;*n iflif4i! #iMJ, fthrf#Yh+titi* mw* pa!r#t Uwly bowd*d and dasofia*d as" f #fi ihfdVlN�# at p p*A on Rv nrxf 5m � Of "Y 100 Of [iNYA* Av#tu* at ft divk� ON b*We#n LO No. 48 W4 48 on 1h� aWir moMW irhr+ 6f Lots; thin V so dh+1 11 n] NoM ittt+fitt fhl (k) r+dbutri tfit Ight (M) oamryds A ono hlrr5."d 000) 14#1 to 11tia Lvi �W; thwm WwV ft arms and Agin lit 9T L4 ft w, adrift it (ap ftMo * (m) mwxriaa two (2) mzncis Ott# �90 =�fffVlt�i3. itKING ail of Lol No. 45 on (ho Plan of Datmtar Manor rasardnd at Pfan 090 2f, Pop 122, Cumbarlarst Gouniy RocardL 07 15 -f1� 13;16 FROM Preroler Abstracts 717545410 T - 540 P0006/0028 F -028 4 ' f NsPEamba , P# 8r] in ft Tnlcy gf y;4#1 W4 OMM f ,ifft[i # V1 LW try dmd' datad ttWbwland CaupV in $W buk no r• ft Romw O( Dwao rA and kr #�5tor tv"llm : , AY d " Robed 8. Awoha, V9411IF t0b. Af+7d � {�t�rualr it#t#by a 'pao[��r it�t� mrfwyrad, WmI ails WmERW F, the {E r ha h8Ytt ma pat wx Mini w4 ih# Yw Arm dx"w vtsn. Wf9�t+�it G0MM DNWk'ft'rH OF PH$48`e! : WUNTYLt!'CUMBERLAND sar. t Oil fft ttEfi 'W da f hr. at tit '�' N164 ft iha uidmigmo +}ill94T, �+3F;Dtt1EEtlf 6 dtivd Rob 9, # @�tQl�Ht 1� rttiE {at aattatsciadv F 1P �! dtiF g #IOIEfy6as Hama h #q t4 54111fi�E lrxtalvistrai iEwt o mmo W ft papam vwraln It W4'�'Nl88 My t4i!h� �! altidai 666E Eha d�t � y'#4t' 1ir4t #i��r wrrttart d A1!!1!4 iEAI ,l 1.5 if 1, 6W Fjg '� 07 -]� -` 1 1 f 75 FF�I�J Pr�fni�r Abstracts T -540 P0007/0028 F -028 -- f 1 j 1 F�ni?y d4n1ly ihd � � YAal�tp T �/1 erl� � dh� Grtrrrta�i �� 4a �Silleavac -- +.dlL:sL�far 1' At66an.y 14sr $1��# �ffircfyl�J5 1 JaI Omar"" Ain 4 O . ;.. nor U X89 EXHIBIT C _ "Col"Eti OF DEEDS t CHL -- - '313MBER COUNTY -PA 11�I1r�(Illlllll(Il�� lll�llllf(1(I11 11111( flll�llll Jllll(IIII(NIIII111111111I1 -02 OCT 16 Fn �2 = - • 10. !�2 i 0 64871 - D2'_­ 001' BROKER'S SETTLEMENT SERVICES 101 GREENWOOD AVENUE SUITE LC - JENKINTOWN, PA 19046 � After Recording Return T prepared By: COUNTRYWIDE HO LOANS, INC. M. PIETRANGELI MS SV -79 DO ENT PROCESSING 1800 Ta Canyon parcel Number. 0 — 1(Q— (� ja i3 e Simi lley, CA 93063 -6712 (Space Above This Line For Recording Data] 00002106487153306 [Doe ID #1 MORTGAGE MIN 1000157 0001202519 -9 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 OCTOBER 07, 2002 together with all Riders to this document. ' (B) "Borrower" is ROBERT MARTENS, Borrower is the mortgagor under this Security Instrument. PENNSYLVANIA - Single Family - Fannie Mae /Freddie Mae UNIFORM INSTRUMENT WITH MEj Page t of 16 Initials / ©/VA - 6A(PA) (0206) CH (06/02) VMP MORTGAGE FORMS - (600)521 -7293 CONY Form 3039 7/01 0 2 1 0 8 4 8 7 1 0 0 o_ 0 0 1 0 0 6 A' II I 8�t ! 777PG3565 a " DOC ID # 00002106487153306 (C) "VIERS" is 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. (D) "Lender" is AMERICA'S WHOLESALE LENDER Lender is a CORPORATION organized and existing under the laws -of NEW YORK Lender's address is 4500 Park Granada, Calabasas, CA 91302 (E) "Note" means the promissory note signed by Borrower and dated OCTOBER 07, 2002 The Note states that Borrower owes Lender ONE HUNDRED THIRTY SIX THOUSAND and 00/100 Dollars ` (U.S. $ 136.000.00 ) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 01 , 2032 (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]: Adjustable Rate Rider Q Condominium Rider Second Home Rider Balloon Rider Q Planned Unit Development Rider 1-4 Family Rider VA Rider Q Biweekly Payment Rider ®Other(s) [specify] LEGAL (1) "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, I 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 and /or condition of the Property. ®- OA(PA) to2oat - CHL (06/02) lnittats: _ ® Page 2 of 16 Form 3038 1 /0y I I i BEE ! 777PG3566 f DOC ID ## 00002106487153306 (1) "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. (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.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 subxct 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 of CUMBERLAND [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 3608 DWAYNE AVE, MECHANICSBURG , [Street/City] Pennsylvania 17050 ( "Property Address "): (Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, 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 o mee for Inklals' y� ( „� ®6A(PA) (0206) CHL (06/02) Page 3 of 16 Form 3039 110 B141777PG3567 DOC ID ilk 00002106487153306 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. 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 pa the . � n tnNJal `�® 6A(PA) (0206) CHL (00/02) Pago49110 Form 3039 1101 BK f 777PG3568 DOC ID # 00002106487153306 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 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 lace 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 'stems arc 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, i 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 IS 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 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. .� 4rm 6A(PA) (0208) CHL (06/02) Pages of 18 lnftlefs Form 3039 1/01 BK• 1777PG3569 DOC ID i 00002106487153306 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. S. 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. 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 Initials:�� 4=®6A(PA) (o2og) CHL (06/02) Page a or 18 Form 3 039 1 /01 BK 1 777PG3570 DOC ID # 00002106487153306 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 not then due. 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. Initial w �®6A(PA) to2os) CHL (06/02) Pago o) is Form oS9 1/01 i BK i 777PG357 t i DOC ID # 00002106487153306 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), I 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 alien which has priority ever 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. 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 Mote 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. ®® 6A(PA) (0200) OHL 06/02 Pag a of is IMtla�s'-- ( ) e Form &039 1101 g 777PG3572 , DOC ID # 00002106487153306 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 losses. 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 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 will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (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 automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. lnfttals• 4= ®6A(PA) to2os> OHL (06/02) Pages or 10 For 639 1101 M �iti777PG3573 DOC ID # 00002106487153306 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 toss 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 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of L'ender'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. Ialttats: ®®6A(PA) woe) CHL (06/02) Pago 10 of 1e Form 3039 1/01 BK 1777PG3574 i DOC ID # 00002106487153306 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 pint 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 Mote 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 Mote). 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. tnitlals E� 4CM-GA(PA) t0200l CHL (08102) re9e r r of ra r Form 3039 1/01 BK 1777PG3575 I , DOC ID # 00002106487153306 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 have been given to 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 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; Rules of Construction. This Security Instrument shall be governed by federal law and the Iaw 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; Inittals 0 -6A(PA) (0206) CHL (08/02) Page 12 of is Form 3038 1/01 i I BKt777PG3576 • � S DOC ID # 00002106487153306 (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 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 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, br 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 I 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 Initial&. (W SA(PA) tozoet CHL (06/02) Page 13 of 16 Form 039 1/01 i 8K 1 7? IFG3577 DOC ID # 00002106487153306 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. 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 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 Applicable Law provides otherwise). Lender shall noting Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) ,when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right.to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If 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 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. ms�tia�s•�� ?/ � 4 m GA(PA) (ozoo) CHL (06/02) Page 14 of 1e Form 3030 1/01 HK 1777PG3578 � 1 DOC ID # 00002106487153306 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, Ievy 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 sate 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. 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. Wi esses: �v (Seal) ROBERT MARTENS U - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower I 41M® GA(PA) (0206) CH (08102) page 1b of Is Form 3039 1/01 BK 1777PG3579 d DOC ID 00002106487153306 Certificate of Residence I, 07"f2oL E, Q`Yt , 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 "7 day of pGrt forte, 2vo2 Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the —2 day of D C � 6---, �,?o�r3 , before me, the undersigned officer, personally appeared 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 WEEREOF, I hereunto set my hand and official seal. My Commission Expires- fi @�, ,+y.� 4 Iut ft ,lar4C9Unty Title of Officer Ix�sl ' t�ltl7tt•• ttN�� Initials: � OA(PA) (o2os) CHL (06/02) Page 16 of 16 Form 038 7/07 BK ► 777PG3580 3477 -1 MARTENS, ROBERT r Y EXHIBIT A ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF HAMPDEN IN THE COUNTY OF DAUPHIN AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A FEE SIMPLE DEED DATED 01/04/2001 AND RECORDED 0110812001., AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN VOLUME 237 PAGE 386. TAX PARCEL ID: 10 -18 -1312 -138 ADDRESS: 3608 DWAYNE AVENUE MECHANICSBURG, PA 17050 i I r I Certify this to be recorded In Cumberland County PA �r of Deeds Record er °Blt t 777PG358 EXHIBIT D 07-15 -'12 13,20 FROM- Prernier Abst racts 7175454106 T -540 P0020/0028 F-028 :ROVE T P. ZTEOLER RECORDER OF DEEDS COQ <R ,A SD COUNTY 1COURTHOUSESQU CARLISLE PA. 17013 717- 240-6370 4 .6< Instrument Number - 2012#4901 Rgeordod On 2121120/2 At I1!49!37 AM Tatar R=aps - 4 Iastrumant Typ* t ASSIt NMGtI'I` OF MORTGAGE Invoice Number -1 06 gear IYI - �' Mortopr MARTENS, ROBERT A Mortgagee - BANK OF AIVIMUCA N A # Coiu ydar - XML LAW GROUP * Fag STATE WRIT TAX 40. 30 Cffliftfit#Olk PAP 8TATR JCV /ACC *p To $23. JVBTZCC DO NOT DETACH MCM11to $11.30 M RSX OF 15RRDS Thlip p© r pApftL c;xnT3 c2A�tc51f $14.00 B� now pR�� s� 9 of this legal document. cotes =RIVER FEE $9. RED ARCHIVES Phil O1 . 00 1 Certify this to be recorded ih Cumberland County PA RECORDER 01 D - DS - I�t rm�tir►s b�nat�d b �g nfteft mq Omp 4urij ilia vainmilon prmp# 4fid mly 1910 r #iiro f to NJ pp, �111111111[I� ll� 'YttTit- CC' ^.f" ,e5i�'R '•h! S !' - "�,•'r'��!t Tr ••'iJ. aecwMll !re•••�•••�'• • , • •,,, _. , •.•.., .•. ,.•.. LUaewlrau. •, „ .m.v xs•• 07- 15 -'12 18:15 FROM-Premler Abstracts 7175454105 T-540 P0017/0028 F-028 619( A lmpmd B and Mum Tar itahmi bapartment KML LAW GROUP, P.C, BNY Mallon 1n etrder Qnttr - BiNtc S 101 i4 mkot Surat Philadtlphie, PA 19106 -1532 Caseft 56335FC Plat ID#: 10-11-012,138 1000157 1'.02519.9 COUNTRYWIDE HOME LOANS, INC (,mignnr).14r agd In cn=1&r*tlOn of th4 vorn of Ten Dollars (110 +00) and other hood and valuable mulderailen, the motsipt of whiloh 6 ackktia*6dgsd, dmz gr bwpin, i ll, mdVa titid trtiaathr to )SA14K OP AMERICA, NA., SUCCESSOR BY MERGER TO RAC HOME LQAN$ SjCRVKWG. 1k, WgIA I #OUNTIkYWMJ& HOME LOANS SERVICING, LP (Assipa), all of lts righk bile W it wtit, m homer of, ik &W to jhw f6llaswln0 dazc4rd m9opp, tha prop" *sc jjbW mid & indob4iingaff segured by the mo tgar; Exacuted ROBERT MARTENS, Morlgalior(a)l to MORTGAGE ELECTRONIC REGTS1TRATWN SYMW Ili ,, ACTING SOI OGY A$ A NoMiNrE FOR AiMi WHOLESALE LENDER BczAn8 aiw 6E Oclb6ar 07 Amdunt $round- od WOW K 2042; in Book 1777, Page 3565; in the Reowder ofDeedi OMoa of CueAhtyland County, Corsmonwg;tlthofftmsylvmfalloVW) Fropertr 3M Dwayne Avenue, Mathemlauburt, PA 17050 AS FURTHER. DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED 11, TO THIS ASSIGNMENT. Tagrdw with tha Hato or abligation ducrihtd in thi+ Meroj* crddrztd to the Azzignar,oNota") and all t4 o wyi due rind to tft -6 a Mite on the Nott and IN14Magt, with i►kteri tst. A islaiee liar Si ethlori, lepi rspre v tt *ts and waigm altall Bold till tfahia mdgr 04 Trot# and boftna 6wer, RbJwt however, to tha right and rgtrity of ma mpoon, if 9my', 6f the t akei(t) of ilht IVbYd#W, Omr heirz and aa:ignz faravatr. �, .... .. ,ns. qa .. .,fc:uvl�t wu. «,. ...... .. —.i, .,. ., .. r »,..,r ;:ve•..... 07-15 -'12 13,15 FROM- Premier Abstracts 7175454106 T -540 P0018/0028 F-028 ` F Assegftor' > y it$ Appmpeisd# co" rap; offlous has exeanted end, sealed with its wV000 �41 *12 Assigamut of Mortpp on thi* day of -2612. _ COLINTRYWIM RUMM LOANS, INC, (AfEt Co"Ma Baal) - ( SEAL} Name; itk •�' �r�s�lsn4 C#l+fF, Title; . I hereby ; t W "s of the AsOpee b; �. Titin: �1:�.1#r4�ri �t'raac�rcl- ��►��� � IY��� � ��'' , AGKWMEDGMENT State of— 4 4 5 County o t• } WM Who paovW t4 me ou tits as Ti ot`rati ry e+tiden�e �+ �# � are nubseAw to thip wU'll im�nt an�i oolmowle m3 thAt axweted Ilm mane in �I� Itijeit authoajzed (� ad that by ht their sip moory e) m the i�tiilt tdt tha pemon(ax or th* er#t� y upon t tfotwh1oh the parson a) 3=tcd, "ibeidad tlta if► imment. i mt* undw KINAL Y OF PE'i A Y under tho l Of 00 We o i 7 ' 4 , .-- that the ibregoing pmIrsph ii wte and comt. Witaesa nay harp$ pnd 6Twial Seal. twittitlu sigmtum A (Sep acorns .��11�814 Cut fl; 66335FC• a.: 07 13;20 FROM - Premier Abstracts 7175454105 T -540 P0019/0028 F-028 . i it ALL TM'T CERTAIN Fmoft Y w'nww Qi rmz ww"swQwjjkwm 1!! Tw qR1vm 4v WIMJ3 on# 6 ATNOWOM AMRS OUNMdLAMM MOW orTHe 9QUffff MD4uTx *Rr Pam "WE, INVOLIMMI nif1p'�!. TAX PAAg ;k !at lg4S4Mjjll ME*MGMHXH% PA 17M Cut 8; 06335#0 EXHIBIT E I� HALBERSTADT CURLEY ATTORNEYS AT LAW Via certified mail r /r /r and regular mail March 12, 2013 Mr. Robert S. Martens 645 N. Mount Joy Street Elizabethtown, PA 17022 Ms. Maria C. Martens 118 2nd Street Boiling Springs, PA 17007 RE: 3608 Dwayne Avenue, Mechanicsburg, PA 17050 Dear Mr. Martens and Ms. Martens: We have been retained by Fidelity National Title Group to correct an issue with the October 7, 2002 Mortgage for the above - referenced property. At the time of execution, title to this property was vested in Robert S. Martens and Maria C. Martens, therefore both owners were required to execute the Mortgage, however only Robert S. Martens executed the Mortgage. In order to correct this apparent oversight, we request that you kindly cooperate with re- executing the Mortgage so that it may be submitted to the Recorder of Deeds for recordation. Please contact me at 610.834.8819 x. 107 or at mdanbach@halcur.com to discuss this matter and to arrange for a time and place that is convenient for you to re- execute the document. Thank you for your attention to this matter Very truly yours, HALBERSTADT CURLEY LLC By: %42e4�2 aeiL�_ MegaVDanbach MCD /me SPRING MILL CORPORATE CENTER 1100 E. HECTOR STREET SUITE 425 CONSHOHOCKEN PA 19428 TEL 610.834.8819 FAX 610.834.8813 www.halcur.com. HALBERSTADT CURLEY LLC 01"" HE PROTHONOTARY By: Scott M. Rothman Attorney Identification No. 201478 2013 MAY 17 AM 11 2 7 1100 E. Hector Street, Suite 425 ' COUN�� Conshohocken, PA 19428 PENNSYLVANIA 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA, N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION -QUIET TITLE Plaintiff NO. O J ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. PRAECIPE TO INDEX LIS PENDENS TO THE PROTHONOTARY: Please index the above - captioned action as a lis pendens against the interest of Defendants Robert S. Martens and Maria C. Martens in the following real property: 3608 Dwayne Avenue, Mechanicsburg, PA 17050. Attached hereto as Exhibit "A" is description of the property. The undersigned hereby certifies that this action affects title to or other interest in the above - described real property. O's OF Aq ovx ' 0 a $� HALBERSTADT CURLEY LLC Date: B � Scott M. Rothman ALL THAT CERTAIR t.ragt or parttl Of 4round situ .i.n 1ln Township, Cu silmrl#gd CgU F jhI,aYiv�anla ated. i mare At6 n Wm�sdgn al bounded and describad.aa fallgwo, to WLGA 8IIs}YQ3¢8 NS1 nL a p6itwt an the narthern right of Way lid* of Do eyna Avenne at the d V in ling 1 atcrown Lots Naa, d5 Arld 46 On rho ) mantionoo plan of LOE61 thance along said div4,dAng X440 noAh bhveh 1 1} d#gr #n� thtrty 001 VALMItn6 fiftywaight (51 x44onov ge6t one hWundtta (1441 Boot to lin Of Lbt No, 37p thtiatg Alonir the @Me, and B,It}ngf 11� of 'hot No, 36, x16teh elghtyutKa (84) degro ## tW#nty -nlno (29) mirku,t4r GWO (2) d*C611dS east one hundred (1 0 0) f eet to a 11A6 of I;0E. NHS, 44i rhenee alot19 thu emma Iguth a:even (7) dagr# ## th#try (34) Iri1RjiC4a' tifa -�,i hfi {33) macands feet one hundred (1q.$) f 09G to Zhd ilottlie T1i1)it Of WbY Of WAYAn Avnnugi thence a long the #a gottLh �ir�hty — L41v (6$1 d$grw Uw Asy- diho (29) "nutat two (2) 4'*d Ord# wo$t on h Undr *d (100) P4$G CO r.h* lion 6f L+dt loo, 40e the pinee of b. .qgihninty, Parcel lowli,1312 -110 0 044 Book 237` hgo 386 3 HALBERSTADT CURLEY LLC 01 H E PROTHONOTARY By: Scott M. Rothman 2013 JUN --3 PI'S 2: 44 Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 CUMBERLAND COUNTY Conshohocken, PA 19428 PENNSYLVANIA 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA, N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff V. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF.ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. AFFIDAVIT OF SERVICE COUNTY OF MONTGOMERY > COMMONWEALTH OF PENNSYLVANIA > I, Scott Rothman, being duly sworn according to law depose and say: 1. I am the attorney for the Plaintiff in the above captioned matter. 2. On May 20, 2013, I sent a copy of the Complaint in the above matter to Unifund CCR Partners by certified mail, return receipt requested,to 10625 Techwoods Circle, Cincinnati, OH 45342. 3. I received a return receipt in the mail which matched the article number on the copy of the certified mail receipt. The return receipt was signed and dated May 28, 2013. A true and correct copy of the return receipt is attached hereto as Exhibit"A." I am aware that if any of the foregoing statements made by me are willfully false that I am subject to punishment. Sworn to and subscribed before me this 3;0—day of 2013. Scott M. Rothman Notary P lic NOTARIAL SEAL MEGAN OANBACH Notary Public WHITEMARSH TWP.,MONTGOMERY COUNTY My Commission Expires Jan 20,2016 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. R _ � �p ) C. Date of Delive • Attach this card to the back of the mailpiece, b or on the front If space permits. I �-an I+AY 2 O 2n, D. Is delivery address diffe from item 1? ❑Yes 1. Article Addressed to: ff YES,enter delivery address below: 13 No i'v��nd C CCU �o�xS 10( 25- -TtChWOO& Cordkc Ci oC h n k , 0 q r v Ia 3. Cece Ty Mail ❑ ress Mail l ❑Registered boatum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(E%I a Fee) ❑Yes 2. Article Number (Transfer from service IabeQ 7011 2000 0001 9205 3425 PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 EXHIBIT ` HALBERSTADT CURLEY LLC 01 H LE P R 0 T 1i 0 N 0 TA lrt By: Scott M. Rothman � _ � . Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 CUMBERLAND COUNTY Conshohocken, PA 19428 PENNSYLVANIA 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA, N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff V. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. AFFIDAVIT OF SERVICE COUNTY OF MONTGOMERY > COMMONWEALTH OF PENNSYLVANIA > I, Scott Rothman, being duly sworn according to law depose and say: 1. I am the attorney for the Plaintiff in the above captioned matter. 2. On May 20, 2013, I sent a copy of the Complaint in the above matter to Countrywide Home Loans, or its Successor in Interest by certified mail, return receipt requested, to 7105 Corporate Drive, Plano, TX 75024. 3. I received a return receipt in the mail which matched the article number on the copy of the certified mail receipt. The return receipt was signed. A true and correct copy of the return receipt is attached hereto as Exhibit"A." I am aware that if any of the foregoing statements made by me are willfully false that I am subject to punishment. Sworn to and subscribed before me this 21M day of 2013. Scott M. Rothman ZJ4.lzu Notary P lic NOTARIAL SEAL MEGAN DANBACH Notary Public WHITEMARSH TWP.,MONTGOMERY COUNTY My Commission Expires Jan 20,2016 SENDER: SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature Item 4 If Restricted Delivery is desired. Bank of America Home Loans 13 Agent • Print your name and address on the reverse X ❑Addressee so that we can return the card to you. '" B. Recce'iv • Attach this card to the back of the maiiplece, piano,TX 750 Name) C.Date of Delivery or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: D No C oon"W& 4orvs.. Gd s 9i oT C o cprroiz. bri tom. Ice T ' "�^'� 3 V P�a of T Certtfied Mail O Express Mail O Registered AtAetum Receipt for Merchandise ❑insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Feel ❑Yes z. Article Number 7 011 21100 p p p 1 9205 3 418 (rransfer from service labs!) PS Form 3811,February 2004 Domestic Retum Receipt ua ,3 o2-M-i5go EXHIBIT A ww F I L E D-0 F r I C-L:-' HALBERSTADT CURLEY LLC OF "[FiE PROTHONOTARY By: Scott M. Rothman - Attorney Identification No. 201478 2013 JUN —3 PPI 2. 36 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 CUMBERLAND COUNTY 610 834 8819 PENNSYLVANIA 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff V. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. AFFIDAVIT OF SERVICE COUNTY OF MONTGOMERY > COMMONWEALTH OF PENNSYLVANIA > 1, Scott Rothman,being duly sworn according to law depose and say: 1. I am the attorney for the Plaintiff in the above captioned matter. 2. On May 20, 2013, 1 sent a copy of the Complaint in the above matter to Midland Funding, LLC,Assignee of Bank of America by certified mail,return receipt requested, to 8875 Aero Drive, San Diego, CA 92123. ow 3. 1 received a return receipt in the mail which matched the article number on the copy of the certified mail receipt. The return receipt was signed and dated May 23, 2013. A true and correct copy of the return receipt is attached hereto as Exhibit"A." I am aware that if any of the foregoing statements made by me are willfully false that I am subject to punishment. Sworn to and subscribed before me this day of 2013. Scott M. Rothman Notary lic NOTARIAL SEAL MEGAN OANBACH Notary Public WHITEMARSH TWP.,MONTGOMERY COUNTY 6 My Commission Expires Jan 20,201 COMPLETE THIS SECTION COMPLETE ON • Complete items 1,2,and 3.Also complete A. Signature f Item 4 if Restricted Delivery is desired. X '�a4 fog l� ?Id 2� 0 Agent • Print your name and address on the reverse 0 Addressee swthat.we caftrbturn.ther arsl.to-you. �.., g Date of Delivery • Attach't#trs card to tt '6ac c sf the mallpiece, or on the front if space permits. { D. Is delivery address different from Rem 1? 0 Yes ! #. Article Addressed to: If YES,enter delivery address below: 0 No 1`'I idland -vnc�i , LL-C 0A D l e� CA � 143 3 Z rtifi Mail ❑Express Mail 0 Registered Arfieium Receipt for Merchandise 0 Insured Mail 0 O.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7011 2000 0001 9205 3432 (??ansfer from service?aben PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT il.E 1,131 d,''4F� (• Keith 0.Brenneman,Esquire C W-1 Py ER L A€N D C 0 o3 y Attorney ID No. 47077 P EWi s`(!_VAIN I A Snelbaker&Brenneman,P.C. 44 West Main Street Mechanicsburg,PA 17055 (717)697-8528 i Attorneys for Defendant Hampden Township BANK OF AMERICA,N.A., Successor IN THE COURT OF COMMON PLEAS OF by Merger to BAC Home Loans Servicing,LP, CUMBERLAND COUNTY,PENNSYLVANIA f/k/a Countrywide Home Loans Servicing,LP Plaintiff V. NO. 2013-2795 CIVIL ROBERT S. MARTENS, MARIA C. MARTENS,.COUNTRYWIDE HOME LOANS, CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION, UNIFUND CCR PARTNERS, MIDLAND CIVIL ACTION—LAW FUNDING, LLC, HAMPDEN TOWNSHIP, and COMMONWEALTH FINANCIAL QUIET TITLE SYSTEMS, INC., Defendants NOTICE TO PLEAD To` Bank of America,N.A:,Plaintiff You are hereby notified that you have twenty(20)days by which to plead to the attached New Matter or a default judgment may be entered against you. SNELBAKER& BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street LAW OFFICES Date: June 4, 2013 Mechanicsburg, PA 17055 SNELBAKER& BRENNEMAN, P.C. (717) 697-8528 Solicitor for Defendant Township of Hampden Keith O.Brenneman,Esquire Attorney ID No. 47077 Snelbaker&Brenneman,P.C. 44 West Main Street Mechanicsburg,PA 17055 (717)697-8528 Attorneys for Defendant Hampden Township BANK OF AMERICA,N.A., Successor IN THE COURT OF COMMON PLEAS OF by Merger to BAC Home Loans Servicing,LP, CUMBERLAND COUNTY,PENNSYLVANIA f/k/a Countrywide Home Loans Servicing, LP Plaintiff V. NO. 2013-2795 CIVIL ROBERT S. MARTENS, MARIA C. MARTENS, COUNTRYWIDE HOME LOANS, CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION, UNIFUND CCR PARTNERS, MIDLAND CIVIL ACTION—LAW FUNDING, LLC, HAMPDEN TOWNSHIP, and COMMONWEALTH FINANCIAL QUIET TITLE SYSTEMS, INC., Defendants DEFENDANT HAMPDEN TOWNSHIP'S ANSWER WITH NEW MATTER Defendant Hampden Township,through its attorneys, Snelbaker& Brenneman, P. C. submits this Answer With New Matter to Plaintiffs Complaint as follows: ANSWER 1. Denied. After reasonable investigation,this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 1 of Plaintiffs Complaint; LAW OFFICES SNELBAKER& therefore, same is deemed to be denied. BRENNEMAN. P.C. 1 2. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 2 of Plaintiffs Complaint; therefore, same is deemed to be denied. 3. Admitted in part; denied in part. It is admitted that a mortgage apparently was executed by Robert S. Martens and Maria C. Martens was recorded in the Office of the Recorder of Deeds of Cumberland County on September 21, 2004 at Mortgage Book 1881, Page 2730. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation as to why Defendant Countywide Home Loans was joined and made a party to this action; therefore, same is denied. 4. Admitted in part; denied in part. It is admitted that Cumberland County Department of Adult Probation has a judgment against Robert S. Martens docketed under number 2007-3932. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation as to why Cumberland County Department of Adult Probation has been joined and made a party to this action; therefore, same is denied. 5. Admitted in part; denied in part. It is admitted that Unifund CCR Partners has a judgment against Maria C. Martens docketed under number 2008-1441. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation as to why Defendant Unifund CCR Partners has been joined and made a party to this action; therefore, same is denied. 6. Admitted in part; denied in part. It is admitted that there is a judgment docketed against Defendant Maria C. Martens under Docket Number 2008-6942. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the LAW OFFICES SNELSAKER& BRENNEMAN, P.C. 2 allegation as to why Defendant Midland Funding, LLC has been joined and made a party to this action; therefore, same is denied. 7. Denied. It is denied that Hampden Township has "judgments" against Robert S. Martens and Maria C. Martens docketed to number 2011-5657, 2012-3343 and 2012-06148. On the contrary, Hampden Township has municipal claims and therefore liens filed against the property of Robert S. Martens and Maria C. Martens commonly known as 3608 Dwayne Avenue, Mechanicsburg, Pennsylvania. It is-denied that Hampden Township is a proper party defendant to this action for the reasons set forth in New Matter,the averments of which are incorporated by reference herein. 8. Admitted in part; denied in part. It is admitted that Defendant Commonwealth Financial Systems, Inc. has a judgment against Defendant Robert S. Martens docketed to number 2011-8935. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation as to why Commonwealth Financial Systems, Inc. has been joined and made a party to this action; therefore, same is denied. 9. Denied. Paragraph 9 contains an unwarranted conclusion of law to which no response is required by this party. 10. Admitted upon information and belief. 11. Admitted upon information and belief. 12. Admitted, with the qualification on the Mortgage is defective. 13. Admitted in part; denied in part. Plaintiffs allegation that it is a proper party Plaintiff is denied as an unwarranted conclusion of law. It is admitted that an Assignment of Mortgage was recorded with the Records of Deeds Office in Cumberland County at Misc. Book LAW OFFICES SNELBAKER& 732, Page 2768. That Assignment of Mortgage, however, erroneously notes that the Mortgage BRENNEMAN, P.C. 3 being assigned at Mortgage Book 1777, Page 3565 was executed by Maria C. Martens. It is also admitted that there was a subsequent Assignment of Mortgage recorded in the Office of the Recorder of Deeds in Cumberland County on February 21, 2012 at Instrument No. 201204991. 14. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegations contained in Paragraph 14 of Plaintiffs Complaint; therefore same are deemed to be denied. 15. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegations contained in Paragraph 15 of Plaintiffs Complaint; therefore same are deemed to be denied. 16. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 16 of Plaintiffs Complaint; therefore same is deemed to be denied. 17. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 17 of Plaintiffs Complaint; therefore same is deemed to be denied. 18. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 18 of Plaintiffs Complaint; therefore same is deemed to be denied. 19. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 19 of Plaintiffs Complaint; therefore same is deemed to be denied. In addition, Paragraph 19 of Plaintiffs Complaint is denied as containing an unwarranted conclusion of law to which no response is required by this LAW OFFICES SNELBAKER& party, BRENNEMAN, P.C. 4 20. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegations contained in Paragraph 20 of Plaintiffs Complaint; therefore same are deemed to be denied. 21. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 21 of Plaintiff s Complaint; therefore same is deemed to be denied. WHEREFORE, Defendant Hampden Township requests this Court to deny the relief requested by Plaintiff in its Complaint. NEW MATTER 22. Plaintiff s Complaint fails to set forth any claim or cause of action upon which relief may be granted. 23. Hampden Township is not a proper party to this action. 24. Hampden Township filed municipal claims against the property of Robert S. Martens and Maria C. Martens, which claims were docketed in the Court of Common Pleas of Cumberland County to No. 2011-5657,No. 2012-3343 and No. 2012-6148. 25. The municipal liens noted above by law are first liens against property having priority over the mortgages and judgments identified in Plaintiffs Complaint. 26. Plaintiff s claims and requests for relief are barred by the application of the doctrine of estoppel and/or equitable estoppel and/or unclean hands. 27. Plaintiffs failure to recognize the priority of the municipal claims held by Hampden Township evidences bad faith and a failure by Plaintiff to do an appropriate and reasonable 'investigation prior to the commencement of this suit against Hampden Township. LAW OFFICES SNELBAKER& BRENNEMAN. P.C. 5 WHEREFORE, Defendant Hampden Township requests that Plaintiffs Complaint be dismissed with prejudice,the relief requested therein be denied and judgment be entered in favor of Hampden Township together with costs of this action. SNELBAKER&BRENNEMAN, P. C. Y: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Defendant Township of Hampden Date: June 4, 2013 LAW OFFICES SNELBAKER& BRENNEMAN, P.C. 6 VERIFICATION I, Keith B. Melts,Township Managcr,verify that the statements made in the foregoing Answer With New Matter are true and correct. I understand that false statements herein are wade subject to the penaltics of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I verify that I am authorized to execute this Verification on behalf of Hampden Township. Keith B. et s;Township Manager Hampden T ship .pate: June 4, 2013 LAW CFPCES SNELSAKER& BRENNEIAAN. P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Hampden Township's Answer With New Matter to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Scott M. Rothman,Esquire Robert S.Martens Halberstadt Curley,LLC 645 N. Mount Joy Street 1100 E.Hector Street, Suite 425 Elizabethtown,PA 17022 Conshohocken,PA 19428 Maria C.Martens Countrywide Home Loans,Inc. 1182 d Street 7105 Corporate Drive Boiling Springs,PA 17007 Plano, TX 75024 Cumberland County Department of Unifund CCR Partners Adult Probation 10625 Techwoods Circle 4 East Liberty Avenue Cincinnati, OH 45342 Carlisle,PA 17013 Midland Funding,LLC Commonwealth Financial Systems, Inc. 8875 Aero Drive 245 Main Street San Diego, CA 92123 Dickson City,PA 18519 SNELBAKER&BRENNEMAN, P.C. By. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendant Hampden Township LAW OFFICES SNELBAKER& Date: June 4, 2013 BRENNEMAN, P.C. y LEDE OFF$CE PR, TH(3NOTAR°; 2013 JUN 14 FM 1 16 Keith O. Brenneman,Esquire CUMBERLAND COUNTY Attorney ID No. 47077 PENNSYLVANIA 44 West Main Street Mechanicsburg,PA 17055 (717)697-8528 Assistant Solicitor, Cumberland County BANK OF AMERICA,N.A., Successor IN THE COURT OF COMMON PLEAS OF by Merger to BAC Home Loans Servicing,LP, CUMBERLAND COUNTY,PENNSYLVANIA f/k/a Countrywide Home Loans Servicing,LP, Plaintiff V. NO. 2013-2795 CIVIL ROBERT S. MARTENS, MARIA C. MARTENS, COUNTRYWIDE HOME LOANS, CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION, UNIFUND CCR PARTNERS, MIDLAND CIVIL ACTION—LAW FUNDING, LLC, HAMPDEN TOWNSHIP, and COMMONWEALTH FINANCIAL QUIET TITLE SYSTEMS, INC., Defendants NOTICE TO PLEAD To: Bank of America,N. A.,Plaintiff You are hereby notified that you have twenty(20)days by which to plead to the attached New Matter or a default judgment may be entered against you. By: I Keith O. Brenneman, Esquire 44 W. Main Street Date: June 14, 2013 Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County Cumberland County Department of Adult Probation Keith O. Brenneman,Esquire Attorney ID No. 47077 44 West Main Street Mechanicsburg,PA 17055 (717)697-8528 Assistant Solicitor,Cumberland County BANK OF AMERICA,N.A., Successor IN THE COURT OF COMMON PLEAS OF by Merger to BAC Home Loans Servicing,LP, CUMBERLAND COUNTY,PENNSYLVANIA f/k/a Countrywide Home Loans Servicing,LP Plaintiff V. NO. 2013-2795 CIVIL ROBERT S. MARTENS, MARIA C. MARTENS, COUNTRYWIDE HOME LOANS, CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION, UNIFUND CCR PARTNERS, MIDLAND CIVIL ACTION—LAW FUNDING, LLC, HAMPDEN TOWNSHIP, and COMMONWEALTH FINANCIAL QUIET TITLE SYSTEMS, INC., : Defendants DEFENDANT CUMBERLAND COUNTY'S ANSWER WITH NEW MATTER Defendant Cumberland County,through its Assistant Solicitor, submits this Answer With New Matter to Plaintiff s Complaint against the Cumberland County Department of Adult Probation as follows: ANSWER 1. Denied. After reasonable investigation,this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 1 of Plaintiffs Complaint; therefore, same is deemed to be denied. 1 2. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 2 of Plaintiffs Complaint; therefore, same is deemed to be denied. 3. Admitted in part; denied in part. It is admitted that a mortgage apparently was executed by Robert S. Martens and Maria C. Martens and was recorded in the Office of the Recorder of Deeds of Cumberland County on September 21, 2004 at Mortgage Book 1881, Page 2730. After reasonable investigation,this party is without sufficient information to form a belief as to the truth of the allegation as to why Defendant Countywide Home Loans was joined and made a party to this action;therefore, same is denied. 4. Admitted in part; denied in part. It is admitted that Cumberland County through its Department of Adult Probation has a judgment against Robert S. Martens docketed under number 2007-3932. After reasonable investigation,this party is without sufficient information to form a belief as to the truth of the allegation as to why Cumberland County Department of Adult Probation has been joined and made a party to this action;therefore, same is denied. 5. Admitted in part; denied in part. It is admitted that Unifund CCR Partners has a judgment against Maria C. Martens docketed under number 2008-1441. After reasonable investigation,this party is without sufficient information to form a belief as to the truth of the allegation as to why Defendant Unifund CCR Partners has been joined and made a party to this action;therefore, same is denied. 6. Admitted in part; denied in part. It is admitted that there is a judgment docketed against Defendant Maria C. Martens under Docket Number 2008-6942. After reasonable investigation,this party is without sufficient information to form a belief as to the truth of the 2 allegation as to why Defendant Midland Funding, LLC has been joined and made a party to this action;therefore, same is denied. 7. Denied. It is denied that Hampden Township has "judgments" against Robert S. Martens and Maria C. Martens docketed to number 2011-5657, 2012-3343 and 2012-06148. On the contrary, Hampden Township has municipal claims and therefore liens filed against the property of Robert S. Martens and Maria C. Martens commonly known as 3608 Dwayne Avenue, Mechanicsburg, Pennsylvania. 8. Admitted in part; denied in part. It is admitted that Defendant Commonwealth Financial Systems, Inc. has a judgment against Defendant Robert S. Martens docketed to number 2011-8935. After reasonable investigation,this party is without sufficient information to form a belief as to the truth of the allegation as to why Commonwealth Financial Systems, Inc. has been joined and made a party to this action; therefore, same is denied. 9. Denied. Paragraph 9 contains an unwarranted conclusion of law to which no response is required by this party. 10. Admitted upon information and belief. 11. Admitted upon information and belief. 12. Admitted, with the qualification on the Mortgage is defective. 13. Admitted in part; denied in part. Plaintiffs allegation that it is a proper party Plaintiff is denied as an unwarranted conclusion of law. It is admitted that an Assignment of Mortgage was recorded with the Records of Deeds Office in Cumberland County at Misc. Book 732, Page 2768. That Assignment of Mortgage, however, erroneously notes that the Mortgage being assigned at Mortgage Book 1777, Page 3565 was executed by Maria C. Martens. It is also 3 admitted that there was a subsequent Assignment of Mortgage recorded in the Office of the Recorder of Deeds in Cumberland County on February 21, 2012 at Instrument No. 201204991. 14. Denied. After reasonable investigation,this party is without sufficient information to form a belief as to the truth of the allegations contained in Paragraph 14 of Plaintiffs Complaint; therefore same are deemed to be denied. 15. Denied. After reasonable investigation,this party is without sufficient information to form a belief as to the truth of the allegations contained in Paragraph 15 of Plaintiffs Complaint; therefore same are deemed to be denied. 16. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 16 of Plaintiffs Complaint; therefore same is deemed to be denied. 17. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 17 of Plaintiffs Complaint; therefore same is deemed to be denied. 18. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 18 of Plaintiffs Complaint; therefore same is deemed to be denied. 19. Denied. After reasonable investigation,this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 19 of Plaintiffs Complaint; therefore same is deemed to be denied. In addition, Paragraph 19 of Plaintiffs Complaint is denied as containing an unwarranted conclusion of law to which no response is required by this party. 4 20. Denied. After reasonable investigation,this party is without sufficient information to form a belief as to the truth of the allegations contained in Paragraph 20 of Plaintiffs Complaint; therefore same are deemed to be denied. 21. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the allegation contained in Paragraph 21 of Plaintiffs Complaint; therefore same is deemed to be denied. WHEREFORE, Defendant Cumberland County requests this Court to deny the relief requested by Plaintiff in its Complaint. NEW MATTER 22. Plaintiffs Complaint fails to set forth any claim or cause of action upon which relief may be granted. 23. Cumberland County, through its Department of Adult Probation, is not a proper party to this action. 24. Robert S. Martens and Maria C. Martens were divorced on April 1, 2009 by decree in divorce docketed to No. 2008-615 in Cumberland County, Pennsylvania. 25. Upon the divorce of Robert S. Martens and Maria C. Martens,their ownership of the property that is the subject of Plaintiff's Complaint(the "Property") as tenants by the entireties became a tenancy in common. 26. The mortgage recorded at Mortgage Book 1777, page 3565 does not bear the signature of Maria C. Martens. 27. The mortgage recorded at Mortgage Book 1777, page 3565 is not property acknowledged by not bearing the county of execution or the name of the individual who was purportedly to have executed the mortgage. 5 28. The assignment of mortgage recorded at Miscellaneous Book 732, page 2768 notes that the mortgage recorded at Mortgage Book 1777, page 3565 was executed by Maria C. Martens. 29. Plaintiff accepted assignment of the mortgage recorded at Mortgage Book 1777, page 3565 when it knew, or through the exercise of reasonable care, should have known, that the mortgage had never been executed by Maria C. Martens and that Maria C. Martens was the wife of Robert S. Martens when Robert S. Martens executed the mortgage recorded at Mortgage Book 1777, page 3565, since such matters appeared in the public record before Plaintiff accepted assignment of same. 30. Plaintiff's claims and requests for relief are barred by Plaintiff's contributory negligence and/or assumption of risk. 31. Plaintiff s claims and requests for relief are barred by the application of the doctrine of estoppel and/or equitable estoppel and/or unclean hands. 32. The lien of the judgment of Defendant Cumberland County through its Department of Adult Probation attached to Robert S. Martens' one-half interest in the Property upon his divorce from Maria C. Martens on April 1, 2009. 33. For the reasons set forth above,Plaintiff is not entitled to a reformation of the mortgage. 34. For the reasons set forth above, Plaintiff is not entitled to a change or modification of the priority, or lack of priority, of the mortgage. 6 WHEREFORE, Defendant Cumberland County requests that Plaintiffs Complaint be dismissed with prejudice, the relief requested therein be denied and judgment be entered in favor of Cumberland County together with costs of this action against Plaintiff. By: O/A�" Keith 0. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor for Cumberland County Date: June 13, 2013 7 VERIFICATION I verify that the statements made in the foregoing Answer With New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. ?��4 Barbara B. Cross, Chairman Cumberland County Board of Commissioners Date: 8 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Answer With New Matter to be served upon the persons and in the mariner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Scott M. Rothman,Esquire Robert S. Martens Halberstadt Curley,LLC 645 N. Mount Joy Street 1100 E.Hector Street, Suite 425 Elizabethtown,PA 17022 Conshohocken,PA 19428 Maria C. Martens Countrywide Home Loans,Inc. 1182 d Street 7105 Corporate Drive Boiling Springs,PA 17007 Plano,TX 75024 Hampden Township Unifund CCR Partners c/o Keith O.Brenneman 10625 Techwoods Circle 44 West Main Street Cincinnati, OH 45342 Mechanicsburg,PA 17055 Midland Funding,LLC Commonwealth Financial Systems,Inc. 8875 Aero Drive 245 Main Street San Diego, CA 92123 Dickson City, PA 18519 Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendant Cumberland County Date: June 14, 2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson y , ; a Sheriff { # ;c Gt .atttt�zrri �A 4... 4 a Jody S Smith 19 Chief Deputy Richard W Stewart fi.�,t ,BER A��t) C��}{�©1T Solicitor 4 NC 1 4H1�S LVP\ kt Bank of America, N.A. Case Number vs. 2013-2795 Robert C Marens(et al.) SHERIFF'S RETURN OF SERVICE 05/17/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Robert C Marens, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint to Quiet Title according to law. 05/17/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Commonweath Finanical Systems, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lackawanna, Pennsylvania to serve the within Complaint to Quiet Title according to law. 05/20/2013 11:32 AM-Deputy William Cline, being duly sworn according to law, served the requested Complaint to Quiet Title by handing a true copy to a person representing themselves to be Penny Carichner, Office Assistant,who accepted as"Adult Person in Charge"for Hampden Township at :0 S Sporting Hill Road, Hampden Township, Mechanicsburg, PA 17050. AL, 1 WILLIA CLINE, DEPUTY 05/21/2013 09:37 AM- Deputy Stephen Bender, being duly sworn according to law, served the requested Complaint to Quiet Title by handing a true copy to a person representing themselves to be Joanne Connellan, Administrative Clerk,who accepted as"Adult Person in Charge"for Cumberland County Adult Probation at 4 East Liberty Avenue, Carlisle Borough, Carlisle, PA 17013. STEPHEN BENDER, DEPUTY 05/23/2013 09:00 PM-Deputy Noah Cline, being duly sworn according to law, served the requested Complaint to Quiet Title by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Maria C. Martens at 118 Second Street, South Middleton, Boiling Springs 17007. NOAH CLINE, DEPUTY 05/29/2013 09:10 AM-The requested Complaint to Quiet Title served by the Sheriff of Lancaster County upon Robert C Marens, personally, at The Lancaster County Sheriffs Office, 50 North Duke Street, Lancaster, PA 17608, Mark S. Reese, Sheriff, Return of Service attached to and made part of the within record. 05/29/2013 10:00 AM-The requested Complaint to Quiet Title served by the Sheriff of Lackawanna County upon Alicia Kuehner,Assistant to CEO, who accepted for Commonweath Finanical Systems, at 245 Main Street, Dickson City, PA 18519. John Szymanski, Sheriff, Return of Service attached to and made part of the within record. I 'UIlu r C.-so- ..=- SHERIFF COST: $128.08 SO ANSWERS, June 06, 2013 RDNNYR ANDERSON, SHERIFF SHERIFF'S RETURN - REGULAR CASE NO: 2013-00340 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA BANK OF AMERICA NA.A. VS COMMONWEALTH FINANCIAL SYSTEMS DOLPH DEININGER , Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & LIS PENDEN was served upon COMMONWEALTH FINANCIAL SYSTEMS the DEFENDANT , at 0010 : 00 AM Hour, on the 29th day of May , 2013 at 245 MAIN ST. DICKSON CITY, PA 18519 by handing to ALICIA KUEHNER (ASST TO C.E.0) PERSONALLY AT LISTED ADDRESS a true and attested copy of COMPLAINT & LIS PENDEN together with and at the same time directing Her attention to the contents thereof. Sheriff ' s Costs: So Answers: Docketing . 00 John Szymanski, Sheriff Service 0 . 00 Affidavit L I D.0 p6k . o0 Surcharge . 00 . 00 Deputy Sheriff . 00 00/00/0000 Sworn and Subscribed to before me this day of A.D. Notary SHERIFF'S OFFICE OF LANCASTER COUNTY Mark S. Reese Brad Harris Sheriff Solicitor Marc Lancaster Hamilton Chief Deputy Lieutenant BANK OF AMERICA NA Case Number vs. 2013-2795 ROBERT S MARTENS • SHERIFF'S RETURN OF SERVICE 05/29/2013 09:10 AM -I, DEPUTY CHARLES HAMILTON, SERVED THE COMPLAINT TO QUIET TITLE(CTQT) BY"PERSONALLY"HANDING A COPY TO ROBERT S MARTENS AT THE LANCASTER COUNTY SHERIFF'S.OFFICE, 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PA 17608. 04 L CHARLES HAMILTON, LIEUTENANT SHERIFF COST: $56.84 SO ANSWERS, May 29, 2013 MARK S. REESE, SHERIFF COSTS DATE CATEGORY MEMO CHK# DEBIT CREDIT 05/20/2013 Advance Fee Advance Fee 8323 $0.00 $150.00 05/20/2013 Receiving,Docketing&Return $9.00 $0.00 05/20/2013 Service $9.00 $0.00 05/20/2013 Affidavit $2.50 $0.00 05/20/2013 Deputy Time $10.00 $0.00 05/20/2013 Copies $6.00 $0.00 05/23/2013 Service Mileage $20.34 $0.00 05/29/2013 Refund $93.16 $0.00 $150.00 $150.00 BALANCE: $0.00 Plaintiff Attorney:HALBERSTADT CURLEYLLC, 1100 E HECTOR STREET STE 425, CONSHOHOCKEN, PA 19428 (d'',,,�1tyau'te tic.r etca,.of,in, HALBERSTADT CURLEY LLC THE 'Q J NQjQ TA r By: Scott M. Rothman 2013 jUjAj 24 6 Attorney Identification No. 201478 2: 09 1100 E. Hector Street, Suite 425 �UP18ERL A Np Conshohocken, PA 19428 PENNSYLVANIA TY 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA. f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff V. _ NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. PLAINTIFF'S REPLY TO NEW MATTER Plaintiff BANK OF AMERICA,N.A., successor by merger to BAC Home Loans Servicing,LP, f/k/a Countrywide Home Loans Servicing, LP, through its undersigned counsel, hereby pleads in reply to the New Matter defenses alleged by Defendant HAMPDEN TOWNSHIP: 22. Denied. This averment is denied as a conclusion of law to which no response is required under the Rules which govern pleading. 23. Denied. This averment is denied as a conclusion of law to which no response is required under the Rules which govern pleading. 24. Denied. This averment is denied as a conclusion of law to which no response is required under the Rules which govern pleading. 25. Denied. This averment is denied as a conclusion of law to which no response is required under the Rules which govern pleading. 26. Denied. This averment is denied as a conclusion of law to which no response is required under the Rules which govern pleading. 27. Denied. This averment is denied as a conclusion of law to which no response is required under the Rules which govern pleading. HALBERSTADT CURLEY, LLC By: ! 3 Scott M. Rothman Date: t HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff V. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that I caused a true and correct copy of the Reply to New Matter in the above referenced-case to be served via first class mail upon the following: Keith O. Brenneman, Esquire Snelbaker&Brenneman, P.C. 44 W. Main Street Mechanicsburg, PA 17055 Mark W. Allshouse, Esquire Christian Lawyer Solutions 4833 Spring Road Shermans Dale, PA 17090 Mr. Robert S. Martens 645 N. Mount Joy Street Elizabethtown, PA 17022 Commonwealth Financial Systems, Inc. 245 Main Street Dickson City, PA 18519 Countrywide Home Loans 7105 Corporate Drive Plano, TX, 75024 Unifund CCR Partners 10625 Techwoods Circle Cincinnati, OH 45342 Midland Funding, LLC 8875 Aero Drive San Diego, CA 92123 Date: �Z'"I (3 HALBERSTADT CURLEY LLC By: Scott M. Rothman ( I HALBERSTADT CURLEY LLC By: Scott M. Rothman J r' THE P R C T i l b u w't ; Attorney Identification No. 201478 X013 JUi ) I PH (: ;32 1100 E. Hector Street, Suite 425 Conshohocken,PA 19428 CUMBERLAND COUNTY 610 834 8819 PE1414SYLVANIA 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff V. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. PLAINTIFF'S REPLY TO NEW MATTER FILED BY CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION Plaintiff BANK OF AMERICA,N.A., successor by merger to BAC Home Loans Servicing,LP,f/k/a Countrywide Home Loans Servicing, LP,through its undersigned counsel, hereby pleads in reply to the New Matter defenses alleged by Defendant CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION: 22. Denied. This averment purports to state a conclusion of law to which no response is required under the Rules which govern pleading. 23. Denied. This averment purports to state a conclusion of law to which no response is required under the Rules which govern pleading. To the extent deemed factual,the County is a proper party because it claims to be the holder of a record judgment lien against the same Property which is subject to Plaintiff's Mortgage. Therefore, absent the joinder of the County, Plaintiff cannot obtain full and complete relief in the form of an Order confirming that its Mortgage is a first-position lien against the Property, ahead of the County's judgment lien. 24. Admitted,upon information and belief. 25. Denied. This averment purports to state a conclusion of law to which no response is required under the Rules which govern pleading. 26. Admitted. 27. Denied. The signature of Robert Martens was properly acknowledged. By way of further response, under Pennsylvania law, an Acknowledgment is not necessary to form a valid Mortgage; instead, it is only necessary to record a Mortgage. 28. Denied. This averment purports to characterize the terms of a written instrument, the contents of which speak for themselves. 29. Denied. Plaintiff acquired the Mortgage, and purchased the indebtedness secured thereby, without any notice of any infirmity with the validity or priority of the Mortgage. Under Pennsylvania's entireties presumption, the Mortgage—even though not executed by Maria Martens—is afforded a presumption of validity absent evidence to rebut same: Plaintiff hereby demands strict proof of the County's averment that Plaintiff was aware of any evidence which might rebut the entireties presumption at the time it acquired the Mortgage. 30. ' Denied. This averment purports to state a conclusion of law to which no response is required under the Rules which govern pleading. 31. Denied. This averment purports to state a conclusion of law to which no response is required under the Rules which govern pleading. 32. Denied. This averment purports to state a conclusion of law to which no response is required under the Rules which govern pleading. 33. Denied. This averment purports to state a conclusion of law to which no response is required under the Rules which govern pleading. 34. Denied. This averment purports to state a conclusion of law to which no response is required under the Rules which govern pleading. WHEREFORE, Plaintiff BANK OF AMERICA,N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP respectfully requests judgment and relief as set forth in the Complaint, inclusive of a decree confirming the validity of the Mortgage and priority of the Mortgage ahead of the purported judgment lien in favor of the Cumberland County Department of Adult Probation. HALBERSTADT CURLEY, LLC By: 41 v" Date: 7 3 Scott M. Rothman � � VERIFICATION I, Scott M. Rothman, in my capacity as attorney on behalf of Plaintiff, hereby verify that I am authorized to make this Verification under Pa.R.Civ.P. 1024(c)because the Plaintiff is out of state and cannot complete its review and verification process before the pleading deadline, and so I hereby verify that the factual statements contained in the foregoing Reply to New Matter are true and correct to the best of my present knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: l �� HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E.Hector Street, Suite 425 Conshohocken,PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff V. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that I caused a true and correct copy of the Reply to New Matter in the above referenced-case to be served via first class mail upon the following: Keith O. Brenneman, Esquire Snelbaker&Brenneman, P.C. 44 W. Main Street Mechanicsburg, PA 17055 Mark W. Allshouse, Esquire Christian Lawyer Solutions 4833 Spring Road Shermans Dale, PA 17090 Mr. Robert S. Martens 645 N. Mount Joy Street Elizabethtown, PA 17022 Commonwealth Financial Systems, Inc. 245 Main Street Dickson City, PA 18519 Countrywide Home Loans 7105 Corporate Drive Plano, TX, 75024 Unifund CCR Partners 10625 Techwoods Circle Cincinnati, OH 45342 Midland Funding,LLC 8875 Aero Drive San Diego, CA 92123 Date: 3 HALBERSTADT CURLEY LLC By: Scott M. Rothman O HALBERSTADT CURLEY LLC ` 1''f E ('t?0 THOo A a I ZUJ , By: Scott M. Rothman -2 Attorney Identification No. 201478 �# jf 17 1100 E. Hector Street, Suite 425 CUMBERLAND oLI Ty Conshohocken, PA 19428 PENNSYCVaNi,q 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff v. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. MOTION FOR DEFAULT JUDGMENT TO QUIET TITLE PURSUANT TO PA. R.CIV. PRO. 1066(a)AND CONSENT JUDGMENT Plaintiff Bank of America,N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP ("Plaintiff') by its undersigned attorneys files this motion for default judgment against Defendants Robert S. Martens; Countrywide Home Loans, or its successor in interest; Unifund CCR Partners; Midland Funding, LLC, Assignee of Bank of America and Commonwealth Financial Systems, Inc. ("Defendants"), and avers the following Affidavit in support thereof. WHEREFORE, Bank of America,N.A., successor Iby merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP requests the entry of judgment by default in the form of an Order entering judgment in their favor and against Defendants Robert S. Martens; Countrywide Home Loans, or its successor in interest; Unifund CCR Partners; Midland Funding, LLC, Assignee of Bank of America and Commonwealth Financial Systems, Inc. pursuant to Pa. R.Civ.P. 236 and 1061 et seq., together with taxable costs and such other relief as warranted by law or equity. HALBERSTADT CURLEY LLC $/ r►40 .-_v_ By: 4� Scott M. Rothman HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff v. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. AFFIDAVIT IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT TO QUIET TITLE PURSUANT TO PA. R.CIV. PRO. 1066(a) AND CONSENT JUDGMENT COUNTY OF MONTGOMERY > COMMONWEALTH OF PENNSYLVANIA > 1. Movant herein is Plaintiff. 2. Respondents herein are Defendants Robert S. Martens; Countrywide Home Loans, or its successor in interest; Unifund CCR Partners; Midland Funding, LLC,Assignee of Bank of America and Commonwealth Financial Systems, Inc. VIII 3. Movant brought this quiet title action to reform a Mortgage for the real property located at 3608 Dwayne Avenue, Mechanicsburg, PA 17050 (the "Property). A true and correct copy of the Complaint is attached hereto as Exhibit"1". 4. Respondent, Countrywide Home Loans, or its successors in interest is a party Defendant to the action herein due to a Mortgage, executed by Defendants Robert S. Martens and Maria C. Martens, recorded with the Cumberland County Recorder of Deeds on September 21, 2004, in Book 1881 at Page 2730. 5. Respondent, Unifund CCR Partners is a party Defendant to the action herein due to a judgment against Defendant Maria C. Martens under Docket Number 2008-1441. 6. Respondent, Midland Funding LLC, Assignee of Bank of America, is a party Defendant to the action herein due to a judgment against Defendant Maria C. Martens under Docket Number 2008-6942. 7. Respondent, Commonwealth Financial Systems, Inc. is a party Defendant to the action herein due to a judgment against Defendant Robert S. Martens under Docket Number 2011-8935. 8. Pursuant to a deed (the "Deed")recorded with the Cumberland County Recorder of Deeds on January 8, 2001, in Book 237 at Page 386,title to the Property was vested with Defendants Robert S. Martens and Maria C. Martens. A true and correct copy of the Deed is attached to the Complaint as Exhibit"B." 9. Defendant Robert S. Martens executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for America's Wholesale Lender a mortgage (the "Mortgage"), dated October 7, 2002, and recorded with the Cumberland County Recorder of Deeds on October 16, 2002, in Book 1777 at Page 3565.A true and correct copy of the Mortgage is attached to the Complaint as Exhibit "C." 10. Plaintiff herein is proper party plaintiff pursuant to an Assignment of Mortgage recorded with the Recorder of Deeds Office in Cumberland County on December 5, 2006 in Book 732 at Page 2768 in which Mortgage Electronic Systems, Inc. as nominee for America's Wholesale Lender assigned all of its rights, title and interest in the Mortgage to Countrywide Home Loans, Inc. Subsequently an Assignment of Mortgage (the "Assignment") was recorded with the Recorder of Deeds Office in Cumberland County on February 21, 2012 under Instrument Number 201204991 assigning all rights, title and interest in the Mortgage to Plaintiff, Bank of America,N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP. A true and correct copy of the Assignment is attached to the Complaint as Exhibit"D." 11. Due to an apparent mistake, and despite the apparent intentions of the parties, Maria C. Martens failed to execute the Mortgage. See Complaint¶14. 12. At all times material and relevant hereto, Plaintiff and Respondents, Robert S. Martens and Maria C. Martens, intended that the Mortgage encumber the Property, exclusively and without division, with a lien of the first priority, from and after October 16, 2002, as an instrument securing the loan given to the Respondents. 13. As the result of inadvertence, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office without including Maria C. Martens as a signor and mortgagor. Id. at 1116. 14. Upon information and belief,the parties intended for Maria C. Martens to execute the Mortgage as a co-owner of the subject Property. Id. at¶17. 15. Respondent Maria C. Martens applied for and executed the loan application as a co-borrower. Id. at¶18. 16. Unless the court reforms the Mortgage through the addition of Maria C. Martens as a co-mortgagor, the Defendants will reap an unfair windfall as a result of having received loan proceeds that remain unsecured by the intended collateral. 17. Respondent Maria C. Martens consents to the entry of judgment in favor of Plaintiff and against Maria C. Martens in accordance with the with the proposed Order herewith. A true and correct copy of the Stipulation for Entry of Order is attached hereto as Exhibit"2." 18. Movant is not seeking default judgment against Defendants Cumberland County Department of Adult Probation and Hampden Township. 19. Respondent Robert S. Martens voluntarily applied for the loan. 20. Respondent Robert S. Martens received and accepted the loan proceeds. 21. Respondent Robert S. Martens enjoyed the benefit of the loan proceeds. 22. Respondent Robert S. Martens intended to repay the loan at the time he received the loan. 23. Respondent Robert S. Martens intended to mortgage the Property as consideration for the loan. 24. Respondent Robert S. Martens was served with the Complaint on May 29, 2013. See Ex. "3" hereto. 25. Respondent Countrywide Home Loans, or its Successors in Interest, was served with the Complaint on May 29, 2013. See Ex. "3"hereto. 26. Respondent Midland Funding, LLC,Assignee of Bank of America was served with the Complaint on May 23, 2013. See Ex. "3" hereto. 27. Respondent Unifund CCR Partners was served with the Complaint on May 28, 2013. See Ex. "3"hereto. 28. Respondent Commonwealth Financial Systems was served with the Complaint on May 29, 2013. See Ex. "3"hereto. 29. Pursuant to Pa.R.Civ.P. 237.1,Notice of Plaintiff's intention to seek default judgment was served on Respondents Robert S. Martens; Countrywide Home Loans, or its successor in interest; Unifund CCR Partners; Midland Funding, LLC,Assignee of Bank of America and Commonwealth Financial Systems, Inc. on July 16, 2013. See Ex. "4"hereto. 30. To date, Respondents Robert S. Martens; Countrywide Home Loans, or its successor in interest; Unifund CCR Partners; Midland Funding, LLC,Assignee of Bank of America and Commonwealth Financial Systems, Inc. have not filed a pleading or otherwise moved in response to the Complaint. 31. Plaintiff is entitled to judgment by default, and seeks entry of the order included herewith which reforms the Mortgage. of Sworn to and subscribed before me this 301 day of DeceYsbcr 2013. Scott M. Rothman 0-04-ta Notary ublic NOTARIAL SEAL MEGAN DANBACH Notary Public WHITEMARSH TWP.,MONTGOMERY COUNTY My Commission Expires Jan 20,2016 EXHIBIT 1 �r,n, _Lu-01 ft: HALBERSTADT CURLEY LLC OF 1!THE P R C f H Olt O TA r By: Scott M.Rothman 2013 MY 17 AH 11: 25 Attorney Identification No.201478 1100 E. Hector Street, Suite 425 CUMBERLAND COUNTY Conshohocken,PA 19428 PENNSYLVANIA 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., Successor by COURT OF COMMON PLEAS Merger to BAC Home Loans Servicing,LP, CUMBERLAND COUNTY,PA Vida Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE 1800 Tapo Canyon Road Simi Valley, CA 93063 1 A7C/ Plaintiff v. ROBERT S. MARTENS 645 N.Mount Joy Street Elizabethtown,PA 17022 MARIA C. MARTENS 118 2nd Street Boiling Springs,PA 17007 COUNTRYWIDE HOME LOANS, or its Successor in Interest 7105 Corporate Drive Plano,TX 75024 CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION 4 East Liberty Avenue Carlisle, PA 17013 UNIFUND CCR PARTNERS 10625 Techwoods Circle Cincinnati, OH 45342 MIDLAND FUNDING, LLC,Assignee of Bank of America 8875 Aero Drive San Diego, CA 92123 • HAMPDEN TOWNSHIP 230 S. Sporting Hill Road Mechanicsburg,PA 17050 COMMONWEALTH FINANCIAL SYSTEMS,INC. 245 Main Street Dickson City,PA 18519 Defendants. NOTICE TO DEFEND 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 • AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes,usted tiene veinte(20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECC1ON SE ENCUENTRA ES CRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 • • HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 Conshohocken,PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A.,successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing,LP, CUMBERLAND COUNTY,PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE 1800 Tapo Canyon Road Simi Valley, CA 93063 NO. Plaintiff v. ROBERT S. MARTENS 645 N.Mount Joy Street Elizabethtown,PA 17022 MARIA C. MARTENS 118 2nd Street Boiling Springs,PA 17007 COUNTRYWIDE HOME LOANS, or its successor in interest 7105 Corporate Drive Plano,TX 75024 CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION 4 East Liberty Avenue Carlisle,PA 17013 UNIFUND CCR PARTNERS 10625 Techwoods Circle Cincinnati, OH 45342 MIDLAND FUNDING, LLC,Assignee of Bank of America 8875 Aero Drive San Diego, CA 92123 HAMPDEN TOWNSHIP 230 S. Sporting Hill Road Mechanicsburg,PA 17050 COMMONWEALTH FINANCIAL SYSTEMS,INC. 245 Main Street Dickson City,PA 18519 Defendants. COMPLAINT Plaintiff,Bank of America,N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP through its undersigned attorney,by way of Complaint brought pursuant to Pa. R.C.P. 1061 et seq., avers as follows: 1. Plaintiff,herein is Bank of America,N.A., successor by merger to BAC Home Loans Servicing,LP,f/k/a Countrywide Home Loans Servicing, LP, (hereinafter the"Plaintiff'), a national banking association registered to conduct business in the Commonwealth of Pennsylvania,with offices located at the address as captioned above. 2. Defendants Robert S.Martens and Maria C.Martens (hereinafter the "Defendants"), upon information and belief, are adult individuals who reside at the above captioned addresses. 3. Defendant,Countrywide Home Loans,or its successors in interest is hereby joined and made a party Defendant to the action herein due to a Mortgage, executed by Defendants Robert S. Martens and Maria C. Martens,recorded with the Cumberland County Recorder of Deeds on September 21,2004,in Book 1881 at Page 2730. 4. Defendant,Cumberland County Department of Adult Probation is hereby joined and made a party Defendant to the action herein due to a judgment against Defendant Robert S. Martens under Docket Number 2007-3932. 5. Defendant,Unifund CCR Partners is hereby joined and made a party Defendant to the action herein due to a judgment against Defendant Maria C. Martens under Docket Number 2008-1441. 6. Defendant,Midland Funding LLC,Assignee of Bank of America, is hereby joined and made a party Defendant to the action herein due to a judgment against Defendant Maria C. Martens under Docket Number 2008-6942. 7. Defendant,Hampden Township is hereby joined and made a party.Defendant to the action herein due to judgments against Defendants Robert S.Martens and Maria C. Martens under Docket Numbers 2011-5657,2012-3343 and 2012-06148. 8. Defendant,Commonwealth Financial Systems,Inc. is hereby joined and made a party Defendant to the action herein due to a judgment against Defendant Robert S.Martens under Docket Number 2011-8935. 9. Jurisdiction and venue are proper given that the real property at issue is located in Cumberland County. 10. The Property subject of this Action is designated as Parcel No. 10-18-1312-138, the County of Cumberland, Commonwealth of Pennsylvania, and is commonly known as 3608 Dwayne Avenue,Mechanicsburg,PA 17050. Said Property is more particularly described in the legal description attached hereto as Exhibit"A." 11. Pursuant to a deed (the"Deed")recorded with the Cumberland County Recorder of Deeds on January 8,2001, in Book 237 at Page 386,title to the Property was vested with Defendants Robert S. Martens and Maria C.Martens. A true and correct copy of the Deed is attached hereto as Exhibit"B." 12. Defendant Robert S.Martens executed and delivered to Mortgage Electronic Registration Systems,Inc. as nominee for America's Wholesale Lender a mortgage(the "Mortgage"),dated October 7,2002, and recorded with the Cumberland County Recorder of Deeds on October 16,2002,in Book 1777 at Page 3565 describing with particularity the Property set forth in Paragraph 10 of this Complaint. A true and correct copy of the Mortgage is attached hereto as Exhibit"C." 13. Plaintiff herein is proper party plaintiff pursuant to an Assignment of Mortgage recorded with the Recorder of Deeds Office in Cumberland County on December 5,2006 in Book 732 at Page 2768 in which Mortgage Electronic Systems,Inc. as nominee for America's Wholesale Lender assigned all of its rights,title and interest in the Mortgage to Countrywide Home Loans,Inc. Subsequently an Assignment of Mortgage(the"Assignment")was recorded with the Recorder of Deeds Office in Cumberland County on February 21,2012 under Instrument Number 201204991 assigning all rights,title and interest in the Mortgage to Plaintiff, Bank of America,N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP. A true and correct copy of the Assignment is attached hereto as Exhibit"D." 14. Due to an apparent mistake, and despite the apparent intentions of the parties, Maria C. Martens failed to execute the Mortgage. 15. At all times material and relevant hereto,Plaintiff and Defendants,Robert S. Martens and Maria C.Martens, intended that the Mortgage encumber the Property,exclusively and without division,with a lien of the first priority,from and after October 16,2002,as an instrument securing the loan given to the Defendants. 16. As the result of inadvertence,the Mortgage was recorded in the Cumberland County Recorder of Deeds Office without including Maria C. Martens as a signor and mortgagor. 17. Upon information and belief,the parties intended for Maria C.Martens to execute the Mortgage as a co-owner of the subject Property. 18. Defendant Maria C.Martens applied for and executed the loan application as a co-borrower. 19. Unless the court reforms the Mortgage through the addition of Maria C.Martens as a co-mortgagor,the Defendants will reap an unfair windfall as a result of having received loan proceeds that remain unsecured by the intended collateral. 20. Upon discovery that the Mortgage was recorded without including Defendant, Maria C.Martens as co-mortgagor,Plaintiff caused a demand letter(hereinafter the"Demand Letter")to be sent via regular and certified mail to the Defendants,Robert S.Martens and Maria C. Martens,requesting cooperation in re-executing and recording the Mortgage. A true and correct copy of the Demand Letter is attached hereto as Exhibit"E." 21. No response to the Demand Letter has been received by the Plaintiff as of the date ' of this Complaint. WHEREFORE,Plaintiff respectfully requests that this Honorable Court enter an Order with respect to the real property known as 3608 Dwayne Avenue,Mechanicsburg,PA 17050: a. The Mortgage attached hereto as Exhibit"C"shall be reformed nunc pro tunc,either directly by Court Order,or through a Reformation of Mortgage instrument executed by the Prothonotary on behalf of Maria C.Martens; b. The Order and/or Reformation of Mortgage Instrument shall be accepted by the Office of the Recorder of Deeds for recordation within the chain of title to the subject Property; c. Declaring that Plaintiff's Mortgage, as hereby reformed,represents a valid first lien on the Property and encumbers the interest of Defendants Robert S. Martens and Maria C. Martens in the Property; d. Declaring that the Mortgage,as hereby reformed, is senior in lien priority to the judgment and/or mortgage liens held by the Defendant lien holders; e. The Order shall direct that the Mortgage,as reformed,relates back to the original recording date of the original mortgage. f. Taxable costs; g. Such other and further relief as the Court deems appropriate. HALBERSTADT CURLEY LLC 5(' s� 13 Date: By; Scott M.Rothman VERIFICATION I, Z k_ju c. ,in my capacity as,Asc sAani-ViCerPteSkitoritin behalf of Plaintiff,hereby verify the factual statements contained in the foregoing Complaint are true and correct to the best of my present knowledge,information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. ,A1640 Date: � -6- J IeC� ` EXHIBIT A =BUT 'A' ALL THAT CDATAIbi trdof or parcel bf ground eitueted in )4 pdon Townships Cumber1644 Countyr febb11tirania mare perticulariy bounded and described as follower TA wiw AIOIi4NbNS AS 6 point on the northern right Of way line of O*apne Avenue At thy► dividing lib* S4twean Lots Non. 43 and 46 on rho hers/baiter mention*{( P16n Of teeter thence along said f4ne north eeirth (7) degr#e* thlrSy (34) hi-betel fi!tyLeight (52) ieeende en*L Ond hendt* (10Q) 4tet to Lino of Let No. 37; thence along the (MAO and along lib* of Lot NO 36, berth sightywtwo (22) degree{ twenty-nine (89) Rinetee ;NO (3) 0ddonde east one hundred (100) feat to 81 bind of Los NO. 441 ;hence along the earns mouth Raven (7) dngreee Maly (30) minutes fifty-eight (88) Seconds east one hundrrg (1QQ) fdoL TO she northern right of way of swaps humus/ thence along tb40 mate couch eighty-two (02) degrees sway-nine (t4) minutes tea (2) aeconde allot ono hundred (180) foot co the 11nir Of Iet No. 46, the plan* of beginning, Parcel 10' t6u1312-178 004d Book 837 fags 386 • • • EXHIBIT B 07-19-'12 18:15 FROM-Pr emler• Abstracts 7175454106 T-540 F0005/0028 F-028 • • t. wk f°'•` TUX Arad No.i6.11141314-1%0 ;; E t;Iti= co THIS DEED - . ti MAIM thy 4►/14 dry or Tanury a$IX11. litMlfifill Mann'#r M A R T E N& =did MIN of H mart Tit n dp. Cumbetand (body,Pon arylyant., GRANTOR, Mb Orloff It.MA/ITEM all MAMA 0.iMARTtNI,husband and wIr:,or Hamp4irt Towttitlp,Cturboristd WOW,PinniplYanti, i�11AFfTEE� IlR 6iT1 that in mmtdars lon of Cns and DOM Fihq Doily In hand Ma,Bttt r cg91. *woof lo tRrii>Iit l9wbd od 11ti e&d CUMIN'Tide and comma In fits i In Mastoid Qrw',"thlk ondoittlint ALL THAT CERTAIN tract Q parcel or gourd aIh aia;i rn Hampden T ilatibbiAld CNN?,t'ihrtiytv4r1N,mutt p.tticbf.rry bcsndad;ab*walled ax Mewl, BROINNI61$it t akv$ti on dt3 norrhant Ohl of wily IMO of bwayni Moir s at thr waft iii hotwoon No.45 end 40 on the horotnartor montionod Flan or Lcts;ow=Nom pfd di Idiv tine Writ tomtit(7)�MIN(o),tyt64.i�ty..tpht�r sacsip aria 11lrAdrid(OM fist to do*of Lot t;limn Wong tee Banff and awe Rri4 i f,g1 No 55,oath*Tdrlydsvb(52)drtpie twrantytins(2)n*nr a two fi)aecarata yrtai 4rti it id(00)hit ib I*atria No.4i4'WHY I i doc be awns nub man(7)da .aa Mull* l iiaondi tit on#hurxiris rim roil in the=turn right ttf AvwWt >Iirtab rtlttrri tfti rwr�it itghtyawO{nst}d.gn.a twIy *a�n! Ill oitttndi Wbit orta Ftundtid{1co}lest to ttr.n .ar Lot No.rot of EGOtItNe HMG all of Los Na 46an be Plan of Ditml.r Manor recorded at Plan Dock 2f,pip 124,canbarhr.i County Records. 'ell f 237 risr . r • • 07-15-'12 13:15 FROM-Premier Abstracts 7175454106 T-540 P0006/0023 P-023 • • ALIO ExWNG 1h0 114Fr*wh c rmw r,Y$rt t E W.L4 i /labia tf,pt•mhu 21, ,OIX1 141051111111 In!ha D?Aa af tag RaDaridar dt mai hi And fur mrimiand my rn OW brook ,rte+ate, ccovoitsci w89 Rc t 8. Altai,., ;Mai harsh 7hh Ii•deaf frwmtar imid wife and la Iharalisra,Yam bin raw hrtifif time*. AND the&nor 1514/4 fa apiafillytingwyititth IN WITNESS_ iNME11110g,thmi 0rlit114r net 114 4tialaist?A hail mid am,did day and • • yew wit envy within. 4antry GofilmaNwitALTH OF PINNBYLYAN■A: COUNTY c;cUMflhlL& D ter. 011 t hf Vie '?°'r'm at i >s 61„ Kam*6015iit,d)la6art 9,~�krion f@ ma( �trade+ ow, hAirar mow H ash IP to*IC%d44is Ind �!did tee Me timpani%arab 0711044 f+alt 4}it`Cl 4if WITNIESS nwhand micas afhid mai Om trod y44r Aral+i$64Tiepin, . a tt E. ;V •. . r. 1'1' fir �'"'�.. boa gqI�j j :4 • r 07-15-'1Z 13:16 FROM-Premier Abstracts 7175454106 T-540 P0007/0028 F-028 • J r h.r4y 649IFY umi tha FriNin rhagnil Ackifst4 of Ol►minima; &him �it►fd. leM�t a4\.Ina P4 I' .•rte iWiL AAA Far MOM Oustrarhuol �Tl'�,al i{6�i i Ihq ,711#6 r}e; :./.••.�.:atfat at R78����fr .., ■6►a,t7th � s!1'; -r:(:r,-•�1 r,5f, y dk•y, hill • EXHIBIT C ROBERT iraLE,R .5/.(111-5.6 - - - RECORDER OF DEEDS 1 CHL , CUMBERLAND COUNTY-F,t flhIIflllIJflhIli#IPIl1MWUIIllffhI1lilh1J1IluhJ;JunuI1IJuhIIJrn1 I 'oe OCT 16 Ph 12 2; 10--..02106487-1 - D2-1:- e@ 1 '.•601.=x'_:: BROKER'S SETTLEMENT SERVICES 101 GREENWOOD AVENUE SUITE LC-10 JENKINTOWN,PA 10046 _j • • • After Recording Return T • Prepared By: COUNTRYWIDE HO LOANS, INC. M. PIETRANGELI MS SV-79 DO ENT PROCESSING 1800 Ta Canyon Parcel Number: co— t€— Simi 11ey. CA 93063-6712 (Space Above This Line For Recording Data] 00002106487153306 [Doe ID #1 MORTGAGE MIN 1000157-0001202519-9 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 OCTOBER 07, 2002 ,. together with all Riders to this document. (B)"Borrower"is - ROBERT MARTENS, Borrower is the mortgagor under this Security Instrument. PENNSYLVANIA-Single Family-FannlaMae/Freddie Mao UNIFORM INSTRUMENT WITH • Page f of 1B 1n0ia(s: ®®-BA(PA)(o2os) CHL(06/02) VMP MORTGAGE FORMS-[800)521-7201 Form 3039 1/01 CONV/VA • i-39 9 '! '� '�0 2 1[0 84 8 '7t.1 0 0 0"0 0 1 0 0 8 A-'• • • 8K of 777PG3565 • ' a • • • • (C)"MEIiS"is Mortgage DOC I D # 00002106487153306 ortgage 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_ (D)"Lender"is AMERICA'S WHOLESALE LENDER • Lender is a CORPORATION organized and existing under the laws.of NEW YORK • Lender's address is 4500 Park Granada, Calabasas, CA 91302 (B)"Note"means the promissory note signed by Borrower and dated OCTOBER 07, 2002 The Note states that Borrower owes Lender • ONE HUNDRED THIRTY SIX THOUSAND and 00/100 Dollars (U.S.$ 136.000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic. Payments and to pay the debt in full not later than NOVEMBER 01, 2032 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (0)"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]: RAdjustable Rate Rider Q Condominium Rider n Second Home Rider Balloon Rider (( I Planned Unit Development Rider 1-4 Family Rider U VA Rider Q Biweekly Payment Rider Other(s)[specify] LEGAL (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. (.1) "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 valu and/or condition of the Property. tattimm C-8A(PA)to2a61 CHL(o0/02) Page 2 of 16 Form 3039 1101 BK 1 777PG3566 • • DOC ID if 00002106487153306 (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. (P) "RESPA" means the Real Estate Settlement rauc.edures Act(12 U.S.C. Section 2601 et 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. (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: (1)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 MFRS.the following described property located in the COUNTY of CUMBERLAND [Type of Recording Jurisdiction) [Name of Recording Jurisdiction] SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 3608 DWAYNE AYE, MECHANICSBURG [Strect/Cihy] Pennsylvania 17050 ("Property Address"): [Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property,and all casements, 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,hd RS o ee for rakbta; . ! ®BA(PA)toaoet CHL(00102) Pap•3 of 18 Form 3039 1101 • • BK 1 777PG3567 • DOC ID # 00002106487153306 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. 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: L 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 Instrwnent 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 wider 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 pa ent and the InIUa : art-BA(PA)mom CHL(00102) page 4 of ie Form 3039 1101 BK1777PG3568 . • • • DOC ID # 00002106487153306 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 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'hall 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 shall be paid on the Funds.Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESP/Jx�J_ • ®®6A(PA)(02oa) CHL(06/02) Pages of 18 Form 3039 1101 BK• ! 777PG3569 • DOC ID # 00002106487153306 If there is a surplus of Funds held in escrow,as defined under RBSPA,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 Ioss 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. 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 mints: / r_ .6A(PA)moo OHL(08/02) Page 8 of 18 Form 3039 1/01 BK t 777PG3570 • • DOC ID # 00002106487153306 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 into 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 in urance carrier has offered to settle a cl aim, 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. 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 • wantsea ( BA(PA)come) CH L(06/02) page 7 at to Form 0 3® 039 1/01 BR 1 777pc357 1 • • DOC ID # 00002106487153306 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 it 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 Iocks, 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. 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 front 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. Initials: 1(�j�_/ 44.-8A(PA)(o2os) CHL(00/02) Pays a w to For 3v 39 1/01 • • g� 1777PG3572 DOC ID # 00002106487153306 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 losses.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 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 will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (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 automatically,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. urinals JC..V 4 6A(PA)i0260 CHL(06102) Page st of le For 1)39 Idol BR 1777P63573 • • DOC ID # 00002106487153306 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 Ioss 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 Ioss 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 fans 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 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. tnittnlr.,�1�/ ®8A(PA)tozoe) CHL(06/02) Psge 10 of 10 Form 3039 1/01 BK 1777PG3574 • • DOC ID # 00002106487153306 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. 13.3oInt 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 Instn inent.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. fnItlars 1 -6A(PA)(0200) CHL(06/02) Pape tt of uB Form 3039 1/01 BK 1 777PG3575 DOC ID # 00002106487153306 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 have been given to 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 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;Severabliity;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; (TfA®eA(PA)(0208) CHL(08/02) P8g0126116 Form 3038 1/01 BK t 777PG3576 • DOC ID. # 00002106487153306 (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 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 Servicer, the address to which payments should be made and any other information RBSPA 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, pin• Or be pined 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 Insuats:•03 m t 6A(PA)(0208) CHL(06/02) Pape 43 of 18 Form 1/01 • Btu 1 777PG3577 • • DOC ID # 00002106487153306 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. 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-13NIFORM 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 IS unless Applicable Law provides otherwise).Lender shall notify Borrower • of,among other things: (a)the default;(b)the action required to cure the default; (c)when the default must be cured;and(d)that failure to cure the default as specified may result in acceleration of the stuns secured by this Security Instrument,foreclosure by judicial proceeding 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 proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If 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 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. musts: -6A(PA)(0200) CHt(06102) Pete 14 01/0 For 9/01 BK t 777PG3578 . * 1 • DOC ID # 00002106487153306 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,Ievy 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. 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. W' es: • • z • (Seal) ROBERT MARTENS Borrower • (Seal) -Borrower • (Seal) • -Borrower • (Seal) -Borrower ®.6A(PA)Moe) CHL(06102) ?ape rent lei Form 3039 1101 8K 1 777PG3579 • • • • DOC ID # 00002106487153306 Certificate of Residence I, Cs4'J212c1- . NVY(141 ,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 7 day of OcS (ot-v', 2v• 2 F- Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, • County ss: On this,the -7 day of D�v 6 4-e-, p?OC'cZ ,before me,the undersigned officer,personally appeared • known to me(or satisfactorily proven)to be the person(s) whose names) 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 Conunission Expires: _ _ rq1 L F;rrfrigttxtsad ;„ ddlt A •"V:n..k' Title of Officer o lsto4; jttnt: • f `ter.• ~.•*•-:' ..._r'�,''Ate•' �JrJ�JJJJtt• .tt".'` tnhtate: ( ®6A(PA)tozos) CHL(06102) Page 18 of 18 Form 039 1/01 BR t 777PG3580 3477-1 MARTENS,ROBERT • EXHIBIT A • • ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF HAMPDEN IN THE COUNTY OF DAUPHIN AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A FEE SIMPLE DEED DATED 01/04/2001 AND RECORDED 01/08/2001,AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE,IN VOLUME 237 PAGE 388. TAX PARCEL ID: 10-18-1312-138 ADDRESS:3608 DWAYNE AVENUE MECHANICSBURG, PA 17050 • • Certify tl,is to be recorde'd In Cumberland County p�-�� �}•• Recorder of Deeds 43K 1 777 PG 358 1 EXHIBIT D 07-15-'12 13:20 FROM-Premier Abstracts 7175454106 T-540 P00Z0/0028 F-038 , ,--•h--rr-err-�. . ROBERT P.=OILER RECORDER OP DEEDS • CUMBERLAND COUNTY ?- 1 COURTHOUSE SQUAT : a 'N`v� . CARLIULE,r 1703 F ti;:4 , 717-240-6370 -, ii I ' - • - ( Ili? : i : ' - : .. I. 1 YEt ban/new Number=201204091 8atortl On MtM1t2MT At I1:4907 AM 'Total Pn -4 . *Instrument Typo,ASSIGNMENT OF MORTGAGE Invoice Number•10231Ni liner T•KW *Monomer,MARTENS,ROBERT +tiotmma).-NMI.LAW GROUP STAVE WRIT Tax 40.36 Certification Page 3iTATai 4csraccsas vo 423,50 JUSTICE DO NOT DETACH RECORDING FEES — S11.8O RE >tx OP DEEDS TM*poE���ww I�� pyilteiti; o T=rictA it (MO.O S of this legal document. comirt smarm fz tie,00 ROD ARCHIVES fag $3.00 AL PAID $59,59 • I Certify this to be recorded in Cumberland County PA t, II (:.....;.s7 ,,,t. RECaRDER 0 D I i:' +-I*Ttaintisn 4tnottd by on NAM m6701440 diving WA vtriilitton pmts and mg alt is isatiits4 sa Mk pep, III IIllIll11 III •T■TI9..*',r .flay-e .1.--”Or—_�'r- ".T's.!•..• ......•-- • • .. ,.,r. ..... ........4R 1�R1t4: .. .. . AidlL\•• 07-i5-'1Z 13;15 FROM-Premier Abstracts 7175454106 T-540 P0017/0025 F-02$ e, (1610 ?Ivor'By end Morn To;Ber rd bapartmeat DAL LAW CROUP,P.C. BNY Mellon Independence Ctnr&-Saito 3000 't.;Market Strait Philadelphia,PA 19IO6-159 i 213- 3-tt34 +t' 1 . .k fit; Partai Mg: t0-IS-td12-r $ 100013741001303519.9 agrarealiQUIMalaira COUNTRYVVIDE ROME LOANS,INC.t fp n),Air and iprondthplikm of the Aim of Ten Doilara 010400)and other good and valuable oottt(deratlok the retelpt of which la • ackinretadvd,don rent,hirpin, ,hedge and hawk to Wilt OP AMERICA,NA, SUCCESSOR BY MERCER TO BAC HOME LOANS$EEVXCINO,L1t',E W U ,C-OUNTRyWIN HOME LOANS SERVICING,LP(Assignee),all of he right,title ted Inrtritot;m Watt Of,la,, to ' fallowing daEcrlbad,mortise.the property described end the indetkittcet secured by the mortgee; Executed ROBERT MARTENSI Mort or(e)E to MORTGAGE ELECTRONIC REGISTRATION +I+ MS,IhfC,,tCTII1O SWAN"AS A NOMINEE POE AMERICA'S WHOLESALE LENDER, B data of Octant•Mt 1603;Amount Sscund:Si3¢,0* l; ; , 3083;In Book 1777,Pest 3565;In the Reorder of Deeds°lee otCurrtbtrland Cowry, Coetroccweith ofk#nnsyly M''M a°) Property:610E Dwayne Avenue,Meebeeitehnrj,PA 17050 AS FURTHER DESCRIBED IN EXHIBIT"A",ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Tnjl r with du now or obligation described in the Mort tot=toned to Ow AarignaseNnta")and all tstouoys due end to koala due on the Note and Moog(,with karat Aoai roe ha tuaea ,it$l repreeernativk and eeeimne Oral fart(all rights under the Note and Mortgage Anwar,euijeot however,to tIz right and equity of en,if any,of the tookti(t)of the Mortgage,their hair:and assigns$aravar. • s._.— .w.gi—..�.aa�osu{t wr...,..... .. mot... ., ..* •*r••.rwvr..... 07-15-'12 13:15 FROM-Premier. Abstracts 7175454105 T-540 P0018/0028 F-028 i s a Anignoe,by i approtyigr,gate altloer has executed And sealed with i Ot this Aa ignmcnt of Mvztpp n tttfa►L ilgY ai' 26/s . covNTR.yw1bli 1 OMM LOANS.INC, (ru Corporate Seal} SEAL) 'Prrs;+l;n ii UFVP} Tide; �.,aG��r,��it� ` 4a (SEAL) N -0104464k r) 104140/1 nit;1441F#ri►•t (ie 00 (Art) I hereby certi f y the ciddit0 of the AAatgnee C,; ,,y 43,4,4./tAN rtallit) Atki ltaxt¢y.+ `A ij n �► 4)4 NEW• )f( {i�,•'�'tf4 n ( 4 i ,, it Title ► �,� }l4flaMapi•Y��4• 5kFkAt � �/L,5 !r y X i i •�1 # IIt f ' ACKN'OWLEDOMENT State ot'� 4 County On i r`4 4-r beibri t 4Jf lalat r .Lur, Pensonally Appel/on Who moved to nit as the • a oP eatI t.. 'ry oriJense to ha the • •' a)whose nom:Aare 'are subtoribed to the within inaTivitiant and noknowled• ., r' ma t •- l'•t'4:+• • molded the nine in bluteithoh,authorfr l iry(kis),mut that by hl ?'` air ai • a)ott the thb person{ay,or the en ily upon bertgrotiehteh the a)mod,itoknhid din instrument Gartify under pBNAtrt OF 131gEOMY under ths 1 hr 0050 tare of -T>~Scii�. that the { togging p gr*�Ph is and correct. 7►iLna.Ma my hand sea ..+ �i.��,�y�w i} i�!•d9 jf7#Signature t (g t' Bonk r04, a . • d16 Cass if;66335FC • • r — a M n:rresseer ,.y.. �.�.i.r .�•=r• •r..• . 07-19-'12 13,20 FROM-Premier Abstracts 7175454105 T-540 P0019/O028 F-028 • cEfiibit )2L ALLD4 TIGRjANPlOrtilrfarTuA tla"Pima=WPM QFNA Mt*MU NOF EMI DEM ROID.lidetacri AND stingiddii . 4'!H#LAS mow critic MAW',M IMI!,WV FOAM Aiwk IN'llinK!lRIIE't tai silo, TAX PARCI L ipt 164441%4U • ADIDAMPft Slid MAYAN Aymp! • Viet IAIII211U 13,PA VIM • C 68335I0 .. .. .-n.Tre 1111+ass•n sarrr�-+-s-..a.._._r....•... . _.. ..-r-,�k.......__..�..._.._..»... EDIT E • r 1 HALBERSTADT CURLEY ATTORNEYS AT lAW Via certified mail r/r/r and regular mail March 12, 2013 Mr.Robert S. Martens N. Joy reet Elizab645 ethtownMount,PA St 17022 Ms.Maria C. Martens 118 2nd Street Boiling Springs,PA 17007 RE: 3608 Dwayne Avenue,Mechanicsburg,PA.17050 Dear Mr. Martens and Ms. Martens: We have been retained by Fidelity National Title Group to correct an issue with the October 7, 2002 Mortgage for the above-referenced property. At the time of execution,title to this property was vested in Robert S.Martens and Maria C.Martens,therefore both owners were required to execute the Mortgage,however only Robert S. Martens executed the Mortgage. In order to correct this apparent oversight,we request that you kindly cooperate with re-executing the Mortgage so that it may be submitted to the Recorder of Deeds for recordation. Please contact me at 61b.834.8819 x. 107 or at mdanbach@halcur.com to discuss this matter and to arrange for a time and place that is convenient for you to re-execute the document. Thank you for your attention to this matter Very truly yours, HALBERSTADT CURLEY LLC By: I Meg.i'anbach • MCD/me SPRING Mill CORPORATE CENTER 1100 E.HECTOR STREET SUITE 425 CONSHOHOCKEN PA 19428 TEL 610.834.8819 • FAX 610.834.8813 BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff v. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. STIPULATION FOR ENTRY OF ORDER Plaintiff Bank of America,N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP and Defendant Maria C. Martens,through their undersigned counsel,hereby stipulate and agree to the entry of judgment by consent in favor of Bank of America,N.A.,, successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP and against Maria C. Martens(exclusive of the request for taxable costs)in accordance with the with the proposed Order attached to the Motion for Default Judgment which reforms the subject Mortgage to include Maria C. Martens as co- mortgagor. The parties further stipulate and agree that Maria Martens will execute and deliver to a Quit Claim Deed for the subject property at 3608 Dwayne Avenue, Mechanicsburg, Pennsylvania, in favor of co-tenant Robert Martens, which Plaintiff shall record immediately after the recordation of a certified copy of the Order. The parties further stipulate and agree that Plaintiff will not join Maria Martens in any foreclosure proceeding on account of the Mortgage, as hereby reformed, so long as Maria Martens delivers the duly executed and notarized Quit Claim Deed referenced above. The parties further stipulate and agree that Plaintiff will not cause any adverse credit reporting against Maria Martens,who was never intended to be a borrower on the loan secured by the Mortgage. HALBERSTADT CURLEY LLC MARIA C. MARTE► S By: By: di I.A'_ ' L �. Scott M. Rothman Mari: C. Marte s Attorney for Plaintiff Defendant OZ. ,1 M rk W.Allshouse, 'squire At orney for Maria artnes EXHIBIT 3 SHERIFFS OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff _10)of Cnia,0rry, Jody S Smith - -04 Chief Deputy Richard W Stewart Solicitor oFFtcF.QF n $FiKnIFF Bank of America, N.A. vs. Case Number Robert C Marens(et al.) 2013-2755 SHERIFF'S RETURN OF SERVICE 05/17/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Robert C Marens, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint to Quiet Title according to law. 05/17/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Commonweath Finanical Systems, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Lackawanna, Pennsylvania to serve the within Complaint to Quiet Title according to law. 05/20/2013 11:32 AM-Deputy William Cline,being duly sworn according to law, served the requested Complaint to Quiet Title by handing a true copy to a person representing themselves to be Penny Carichner, Office Assistant, who accepted as"Adult Person in Charge"for Hampden Township at :0 S Sporting Hill Road, Hampden Township, Mechanicsburg, PA 17050. 1 WILLIA CLINE, DEPUTY 05/21/2013 09:37 AM-Deputy Stephen Bender,being duly sworn according to law, served the requested Complaint to Quiet Title by handing a true copy to a person representing themselves to be Joanne Connellan, Administrative Clerk,who accepted as"Adult Person in Charge"for Cumberland County Adult Probation at 4 East Liberty Avenue,Carlisle Borough, Carlisle, PA 17013. STEPHEN BENDER, DEPUTY 05/23/2013 09:00 PM-Deputy Noah Cline, being duly sworn according to law, served the requested Complaint to Quiet Title by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit:Maria C. Martens at 118 Second Street, South Middleton, Boiling Springs 17007. NOAH CLINE,DEPUTY 05/29/2013 09:10 AM-The requested Complaint to Quiet Title served by the Sheriff of Lancaster County upon Robert C Marens, personally, at The Lancaster County Sheriffs Office, 50 North Duke Street, Lancaster, PA 17608, Mark S.Reese, Sheriff, Return of Service attached to and made part of the within record. 05/29/2013 10:00 AM-The requested Complaint to Quiet Title served by the Sheriff of Lackawanna County upon Alicia Kuehner,Assistant to CEO,who accepted for Commonweath Finanical Systems, at 245 Main Street, Dickson City, PA 18519. John Szymanski, Sheriff, Return of Service attached to and made part of the within record. • tct CountySuite Shen@,Teleoso8 Inc. SHERIFF COST: $128.08 SO ANSWERS, June 06, 2013 RONIV R ANDERSON, SHERIFF (C)CeuntySutte Sheriff,Tsleosert L1C. SHERIFF'S RETURN - REGULAR CASE NO: 2013-00340 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA BANK OF AMERICA NA.A. VS COMMONWEALTH FINANCIAL SYSTEMS DOLPH DEININGER , Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & LIS PENDEN was served upon COMMONWEALTH FINANCIAL SYSTEMS the DEFENDANT , at 0010 : 00 AM Hour,on the 29th day of May , 2013 at 245 MAIN ST. DICKSON CITY, PA 18519 by handing to ALICIA KUEHNER (ASST TO C.E.0) PERSONALLY AT LISTED ADDRESS a true and attested copy of COMPLAINT & LIS PENDEN together with and at the same time directing Her attention to the contents thereof. Sheriff 's Costs: So Answers: Docketing . 00 John Szymanski, Sheriff Service (I . 00 Affidavit. , .� �� .00 Z32)&40,1 '''''ql1 -ft.rs,A,_ Surchar e . 00 . 00 Deputy Sheriff - .00 00/00/0000 Sworn and Subscribed to before me this day of A.D. Notary SHERIFF'S OFFICE OF LANCASTER COUNTY Mark S. Reese .;'1T Brad Harris Sheriff Solicitor N...e 4-- •-1.-e7 . ,:i•i„,. Marc Lancaster Charles Hamilton Vf0 Chief Deputy Lieutenant BANK OF AMERICA NA Case Number vs. ROBERT S MARTENS 2013-2795 • SHERIFF'S RETURN OF SERVICE 05/29/2013 09:10 AM-I,DEPUTY CHARLES HAMILTON, SERVED THE COMPLAINT TO QUIET TITLE(CTQT) BY"PERSONALLY'HANDING A COPY TO ROBERT S MARTENS AT THE LANCASTER COUNTY SHERIFF'S.OFFICE, 50 NORTH DUKE STREET, P.O. BOX 83480,LANCASTER, PA 17608. C.q-61N6 04. CHARLES HAMILTON, LIEUTENANT SHERIFF COST: $56.84 SO ANSWERS, tel May 29,2013 MARK S. REESE, SHERIFF COSTS DATE CATEGORY MEMO CHK# DEBIT CREDIT 05/20/2013 Advance Fee Advance Fee 8323 $0.00 $150.00 05/20/2013 Receiving,Docketing&Return $9.00 $0.00 05/20/2013 Service $9.00 $0.00 05/20/2013 Affidavit $2.50 $0.00 05/20/2013 Deputy Time $10.00 $0.00 05/20/2013 Copies $6.00 $0.00 05/23/2013 Service Mileage $20.34 $0.00 05/29/2013 Refund $93.16 $0.00 $150.00 $150.00 I • BALANCE: 1 $0.00 • ii(fAttOinOje HALBERSTADT cuRLEy LLC,-1100EHECTOR_STREET STE 4251:CONSHOHOCKEA1,PA.19428 Cc)6CuntySuite Sheriff,Teieosoft,Inc HALBERSTADT CURLEY LLC By: Scott M.Rothman Attorney Identification No. 201478 1100 E.Hector Street, Suite 425 Conshohocken,PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing,LP, CUMBERLAND COUNTY,PA f/k/a Country wide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff NO. 2013-2795 -o ROBERT S. MARTENS;MARIA C. MARTENS;COUNTRYWIDE HOME z'y. c,, LOANS,or its successor in interest; • . CUMBERLAND COUNTY DEPARTMENT , - �- OF ADULT PROBATION;UNIFUND CCR =c) PARTNERS;MIDLAND FUNDING,LLC, c^' Assignee of Bank of America;HAMPDEN TOWNSHIP;and COMMONWEALTH FINANCIAL,SYSTEMS,INC. Defendants. AFFIDAVIT OF SERVICE COUNTY OF MONTGOMERY > COMMONWEALTH OF PENNSYLVANIA > I, Scott Rothman,being duly sworn according to law depose and say: 1. I am the attorney for the Plaintiff in the above captioned matter. 2. On May 20,2013, I sent a copy of the Complaint in the above matter to Countrywide Home Loans, or its Successor in Interest by certified mail,return receipt requested, to 7105 Corporate Drive,Plano,TX 75024. 3. I received a return receipt in the mail which matched the article number on the copy of the certified mail receipt. The return receipt was signed. A true and correct copy of the return receipt is attached hereto as Exhibit"A." I am aware that if any of the foregoing statements made by me are willfully false that I am subject to punishment. Sworn to and subscribed before me this sprir 2 day of roll j 2013. Scott M.Rothman ValifgaiA--- Notary P lic NOTARIAL SEAL MEGAN DANBACH Notary Public WHITEMARSH TWR,MONTGOMERY COUNTY My Commission Expires Jan 20,2016 • • • • • • • • SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,Z and 3.Also complete A Signature item 4 If Restricted Delivery is desired. Bank of America Home Loans 0 Agent ••Print your name and address on the reverse • X, ❑Addressee• SO that we can return the card to you. 3�` B. - ;',GZ! : 19 Mame) C.Date Of Delivery • Attach this card to the back of the mallpleoe, .Plano,TX 75024 or on the front if space permits. 1. Article Addressed to: D.is delivery address different from item 1? 0 Yes K YES,enter delivery address below. 0 No C'oorYlr/wiW.'" tIor LAMS • • o f C Orpora�rX, bri a • T lam 1 TX -75-(124 • CKYfied Mail 0 Dcpresa Mali . 0 RegisteredRetum Receipt for Merchandise • 0 Insured Mall 0 C.Q.D. • 4. Restricted Dellvety?(Edna Fee) O Yes 2• Article Number 7011 2000 0001 9205 3418 (Transfer from service WO . I -• PS Form 3811,February 2004 Domestic Return Receipt ..tp9102 • • • • • • a I HALBERSTADT CURLEY LLC By: Scott M.Rothman Attorney Identification No.201478 1100 E.Hector Street,Suite 425 Conshohocken,PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A.,successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing,LP, CUMBERLAND COUNTY,PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff NO. 2013-2795 ROBERT S.MARTENS;MARIA C. 2 MARTENS; COUNTRYWIDE HOME rrnm am. LOANS, or its successor in interest; -ut rrt CUMBERLAND COUNTY DEPARTMENT W g 2 OF ADULT PROBATION;UNIFUND CCR <c-, PARTNERS;MIDLAND FUNDING,LLC, c-) Assignee of Bank of America;HAMPDEN vr. TOWNSHIP;and COMMONWEALTH FINANCIAL SYSTEMS,INC. --+ Defendants. AFFIDAVIT OF SERVICE COUNTY OF MONTGOMERY > COMMONWEALTH OF PENNSYLVANIA > I, Scott Rothman,being duly sworn according to law depose and say: 1. I am the attorney for the Plaintiff in the above captioned matter. 2. On May 20,2013,I sent a copy of the Complaint in the above matter to Midland Funding,LLC,Assignee of Bank of America by certified mail,return receipt requested, to 8875 Aero Drive, San Diego,CA 92123. 3. I received a return receipt in the mail which matched the article number on the co py of the certified mail receipt. The return receipt was signed and dated May 23,2013. p � y A true and correct copy of the return receipt is attached hereto as Exhibit"A." I am aware that if any of the foregoing statements made by me are willfully false that I am subject to punishment. Sworn to and subscribed before me this 2tTh day of malf, 2013. Scott M. Rothman //,� 1,)84,11;to Notary '4 t lic NOTARIAL SEAL MEGAN DANBACH Notary Public WHITEMARSH TWP.,MONTGOMERY COUNTY My Commission Expires Jan 20.2016 • • • • • • • • • • • • • • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY a Complete Items 1,2,and 3.Also complete A. Signature • f � � � � � • item 4 if Restricted Delivery Is desired. 2Gd�ir"frlCL 9Jt'��IP.� 0 Agent • Print your name and address on the reverse X 0 Addressee sR'tttat ae►B cen._ _tb ¢..�•:t4 Yom• , 4 $ Date• Delivery ■ Aitaci�4$s earn to ths'•_ ftte mailpiecE0; �� � �Y�[' i• or on the front if space permits. 4i 1. Article Addressed to: D.Is delivery address different frcm item 1? 0 Yes tf YES,enter delivery address below: 0 No M land r—vncdi , LLC, 815 Acxo 1rivt Sall Ne , CA 92.123 3 At '`O Certified Mail o f�a►i 0 Registered . )i e' turn Receipt for Merchandise • 0 Insured Mall 0 C.O.D. • • 4. Restricted Delivery?(Elam Fee) 0 Yes • 2. Article Number 7011 2000 0001 9205 3432 alansfer from service labe0 PS Form 3811,February 2004 Domestic Return Receipt 10259502-M-1540 • • • • HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E.Hector Street,Suite 425 Conshohocken,PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A.,successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing,LP, CUMBERLAND COUNTY,PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff • v NO. 2013-2795 - w ROBERT S.MARTENS;MARIA C. MARTENS; COUNTRYWIDE HOME LOANS,or its successor in interest; , CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION;UNIFUND CCR PARTNERS;MIDLAND FUNDING LLC, of Bank of America;HAMPDEN TOWNSHIP;and COMMONWEALTH FINANCIAL SYSTEMS,INC. Defendants. AFFIDAVIT OF SERVICE COUNTY OF MONTGOMERY > COMMONWEALTH OF PENNSYLVANIA > I,Scott Rothman,being duly sworn according to law depose and say: T. I am the attorney for the Plaintiff in the above captioned matter. 2. On May 20,2013,. I sent a copy of the Complaint in the above matter to Unifund CCR Partners by certified mail,return receipt requested,to 10625 Techwoods Circle,Cincinnati, OH 45342. 3. I received a return receipt in the mail which matched the article number on the copy of the certified mail receipt. The return receipt was signed and dated May 28,2013. A true and correct copy of the return receipt is attached hereto as Exhibit"A." I am aware that if any of the foregoing statements made by me are willfully false that I am subject to punishment. Sworn to and subscribed before me this v day of (YI 2013. Scott M.Rothman ■ DetkeLti' Notary Pd lie NOTARIAL SEAL MEGAN DANSACH Notary Public WHITEMARSH TWP..MONTGOMERY COUNTY My Commission Expires Jan 20,2016 • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A. Signatur'crl WA Item 4 If Restricted Delivery Is desired. 0 AI X • Print your name and address on the reverse • • 0 Addressee so that we can return the card to you. B ( mad ) C l Date of belnv► • Attach this card to the back of the maillpiece, �i ' « 1 AY 2 8 2-61 Or On the front if space permits. D.Is delivery address• from Item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No 0 nd cc's. 4Parb tS 10625-- -Techwodds .C►Y�J,,e, C i)nci nnati F o o Li5- 3.&Ice hype 15,Certitied Mail ❑Express Mail 0 Registered Xi:retum Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number- 7011 2000 0001 9205 3425 Mender from serv►ce label) PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 • �i C EXHIBIT 4 HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 Conshohocken,PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing,LP, CUMBERLAND COUNTY,PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff v. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS;MIDLAND FUNDING LLC, Assignee of Bank of America;HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS,INC. Defendants. To: Commonwealth Financial Systems Date: July 16,2013 245 Main Street Dickson City,PA 18519 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 CAN PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER.REFERRAL SERVICES Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 HALBERSTADT CURLEY LLC ' 4 A , . ..► By: Scott M. Rothman HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No.201478 1100 E.Hector Street, Suite 425 Conshohocken,PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY,PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff v. NO. 2013-2795 ROBERT S. MARTENS;MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION;UNIFUND CCR PARTNERS;MIDLAND FUNDING;LLC, Assignee of Bank of America;HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS,INC. Defendants. To: Countrywide Home Loans,or its successors in interest Date: July 16,2013 7105 Corporate Drive Plano,TX 75024 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DAl'E OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 CAN PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICES Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 HALBERSTADT CURLEY LLC .,.wwi rI wr By: ; Scott M.Rothman HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 Conshohocken,PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing,LP, CUMBERLAND COUNTY,PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff v. NO. 2013-2795 ROBERT S. MARTENS;MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION;UNIFUND CCR PARTNERS;MIDLAND FUNDING,LLC, Assignee of Bank of America;HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS,INC. Defendants. To: Midland Funding,LLC,Assignee of Bank of America Date: July 16,2013 8875 Aero Drive San Diego,CA 92123 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 CAN PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICES Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 HALBERSTADT CURLEY LLC By: • -• .b► Scott M.Rothman HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 Conshohocken,PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing,LP, CUMBERLAND COUNTY,PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff v. NO. 2013-2795 ROBERT S. MARTENS;MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION;UNIFUND CCR. PARTNERS;MIDLAND FUNDING,LLC, Assignee of Bank of America;HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS,INC. Defendants. To: Unifund CCR Partners Date: July 16,2013 10625 Techwoods Circle Cincinnati, OH 45342 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 CAN PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICES Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 HALBERSTADT CURLEY LLC By: 4, •4-'.vi I Scott M.Rothman HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E.Hector Street, Suite 425 Conshohocken,PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing,LP, CUMBERLAND COUNTY,PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff v. NO. 2013-2795 ROBERT S. MARTENS;MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS;MIDLAND FUNDING,LLC, Assignee of Bank of America;HAMPDEN TOWNSHIP;and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. To: Robert S. Martens Date: July 16, 2013 50 North Duke Street P.O. Box 83480 Lancaster, PA 17608 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,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 CAN PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICES Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 HALBERSTADT CURLEY LLC wrii By: Scott M. Rothman • HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA, N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff v. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. CERTIFICATION OF NON-MILITARY STATUS I, Scott M. Rothman, being duly sworn according to law, depose and say that upon information and belief, the Defendant Robert S. Martens is not in the military service of the United States or any state or territory thereof or its allies, as defined in the Soldiers and Sailors Civil Relief Act of 1940 and the amendments thereto, as evidenced by the attached Military Status Report and Affidavit. (2-(3-0 / \ ,� _�.,_, • ��_ _ A_ Date: Scott M. Rothman toll free 800-444-6782 fax 845-331-0829 EC 0 U email customerservice @recoursa.com _-.._.._._ 'INFORMATION.SOI_IITIQNS,'IN :......:�_.._ web www.recoursa.com address PO Box 154, West Hurley, NY 12491 bNiif(E"L'; Account #: 956331 Job #: 486006 Your File# FNTIC 3608 Dwayne AFFIDAVIT IN SUPPORT OF SEARCH, 1. I Anita Otey of Recoursa Information Solutions, Inc. with offices located at P.O. Box 154, West Hurley NY 12491, am over the age of 18 and do hereby attest that Recoursa, Inc., conducted a diligent search of the DMDC Manpower Database to determine the current military or non-military status of the defendant. I have personal knowledge of all matters stated herein. 2. This affidavit is made pursuant to the Service Members Civil Relief Act (SCRA) [50 USCS Appx. §§ 501 et seq] formerly the Soldiers'and Sailors'Civil Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs 501et. seq, for the purpose of entry of judgment against Robert Martens. 3. I provided the Department of Defense Manpower Data Center with the pertinent information about the defendant, the defendants name Robert Martens and Social Security Number, which I know because it was located through a diligent search of the individuals'name, street address and state of residence, which was provided to me by the plaintiff's attorney, Halberstadt Curley LLC, and yielded a positive identity match. I have caused an investigation to be made as fully set forth in the accompanying Verification of Non-Military Service, attached hereto and made part of hereof, as defined in said Act to ascertain if any occupant of said premises is a dependent of a person in the military service. 4. Based on the response I have received from the Department of Defense Manpower Data Center dated 7/22/2013, a copy of which is attached hereto and made a part hereof, I am convinced that the defendant is not on active duty in the Military Service of the United States, or as a member of the military reserves or dependent upon a member of the military service or military reserves in the State of Pennsylvania. Furthermore, I have found no evidence the defendant is on active military duty with any nation allied th United States of America. DATED; 7/22/2013 wet Signature Anita Otey Sworn to before me this 22nd day of July, 2013 TI M. MUSCA RE�IA (610) 834-8813 Notary CHRISNoNE bi01 MU6092554W York Qualified In Ulster County ,/ Commission Expires May 19,1;L!' • Read Ita ea of,Jut-22,2013 01:00:00 Department of Defense Manpower Data Center SCRA 3.0 am=_Report PANIStlant to Sery icemennkeis Civil Relief Act Last Name: MARTENS First Name: ROBERT Middle Name: Active Duty Status As Of: Jul-22-2013 rr�a,"t„ +r.,y.• me�:r._aR... rsS};•.y�:7:::::�>siy!s::..�••p-•t it. t,y. �'.l � .Mm c•n,N•.,r.:s.ri,rc�y.� .,�we:.�h.d:.d�••::e f•1„•; ,�.v $av�,.1 tm �r�iivt Ii1'` 6i :7 ,s 'r::t is „r iu i ,., ..% r t� ,.t {� .i.'�ntt .+.,f•1?�''�l ,•t"�?,I(J�i �r;fib�a'E3 ,'S 3� 8 .°;�,�, i��. 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NA This reeponsc mflryel.S�h��}t} �uaY'active tfl{ty¢lNt�b-d ed on'Ihl>••Ch�„$tatus Date Fti �,.�� +t erh a}�},• hr t t e t l t• at•f;.,. it !'.. �:�:....- -- ..,.� »J(�ia;'ll`::Y`:nt'�::ia� ;.•.,; :•,i;' 7, t Y '�P�7 {'�i ` "'::r::'uuu,lw:r ,r�„��n..:;'!: I/Jlh .3Ay %o' 'S�e`'„�g : .r .:i "h°�a��:rn.l�rh="`�i;at;lia�vll nn.'-r•"'x�'62� :. t,dn is?r;�m,t...n v J,pL'.rtvl}gros�dH�3,: -,tt ri.�u:-�::.T:...,1::�r.��:n-:,��,,.'�X`rl,:�.Y4{�"-.�:�...:'4',.,•r,:::n�.,:�,,_.,��b�;�'.�=.:.:.�!,;,�R:,,:`' C?,'�t.,,...tiu,n,-r�rnr�:�i,,,,n,,,.n,r:4a!�nur:na-,,,�,�.,,,r,:ul.•.25„•}•.�yl Je, r� ih t7 -:Ln ,;r, a• rue:, t.,vr '^"i" -I:'viF'Fiitli:'i-,3f'li'i-ii:'?iritii;ifii' - - ..L•rc,,yy:,-x:cii�;'�iu�' - .i5�'riu. ..a•L::I�: .,� 7, r. ... '.a,,.,,,;,.,�, ,r 1 t: , ! �,il;'dii-' 'y(..i,�; 1• ,1• ;,':r 'mi'p,"''�i�i " ' ,ti r n11d:it-,I�ji'L�:' ;;ttEtn;Scrl�LrttX._'D ,7�t.•:9 a:rp;• !���'IiIA,"�,:E 3�{L,!_h,'Qql, r a•,fltk,i;rp� ('.' ,dp 't!�;;{f r,t. °-�: ��.st� SH�I.`l�+�.�flr3F 1M' ,7•LRig_:,:n.i:-.r.n.�....� .iGRN.;F'D:.9inen.ar.,...:_ _ :_s:e-ova �'lii_Cy�Y� ..n„Xiea:r:;:•,1.n.-�11::r NA u I! mA E .. +e ,�.i�=:,, NA P j ..��;�'i_:'.^'atlfl',�1,�„ ,(�IQ:'I.,l•" 1" 3;19 Thla response reflects •a ;e Ind Tduel letl ectiv,^dmt-, to i9.'(says preceding thJa: •,ppory Statue Date tkEll • ta:!{{::°�.,.e•;s,':;:e:a•ry -su r•--.,..«-......�..^.v;r:;,..: 11,,,:.-... •a,,;r,r,.y-y..r..:•n•,¢+r•.•,•„r..t^r:' ••",;c;:•:c:•rr...:;,,,,y. u..hxhi° .� ,. : :^•aa.:.....::_�.,_...:xa.rurr rrF,� ry ;p'yi�p•��iii'f:�31i'i�it �u;�'ti'i;�”,•fiu�`h {,;;;;n-�:•i�.'I:Cr..,r �• .�3ihhf,iiti''� ,l;t?x M'H:PI;d`I+Ar „� :.1i1{t', k:�!r?'•.E'-'3(:; I� — — ..•�Y,v:� -:�.-... , R:I:i F�.i-r�:i•1`I..i�ni:_•,,:— G •.�. .rc 1. ,; sake? a117ti''rb"-' - !'�' a t ; +r d::•�:pP! ':�i:gin.l.F It i;;•.':?..• F';4�•r "-�'L' d ,;'1" a.._,_. y;i'ti;i'4Gll,rt�iiiL..-i,:,.,:!t.x,. �I,$F'✓��1Qc� .., .. . $#"s '�,f ,n ..,.ti •�,. .. . r. o, mri 2u C .. ��.,{...`{ �;,.p!'.�,1.S�tdt(,e' '2'06 ,� P�:. EnA�ao:::•..�...r. r :i:..r....-.. : ',r ff�.Fc ;,r rf n. µµ .,u�meja•hl..,rti..m� tN,.,.:•, ...,.... .„. _ r•t 4 it'h .i•.!.fii.!'i:ii%r`_,p!'xT!!n°:___- • viii... �• � :� • .�., .. ...� ,• .. ��•,� a., '' .`�'��blf:�.!-ir'iC; . NA a.'∎ir• 6a-•+,/*,iii .V p..ma'6"i" NA t "‘•, v:This response reflects whether th . ,� slher un<Ass ry krog,: oiiettalffe to rorrort for active duty '• !air`r� rhYA�A ,, Upon searching the data banks of the Department of Defense Manpowef11$ a,,•1$r f'-- ased on the Information that you provided,the above is the status of the individual on the active duty statue date as to all branches of the Uniformed Services(Army,Navy,Marine Corps.Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 • • • • • The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DOD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which Is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servlcemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known ae the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has Issued hundreds of thousands of"does not possess any information indicating that the Individual Is currently on active duty"responses,and has experienced only a smell error rate. In the event the individual referenced above.or any family member,friend,or representative asserts in any manner that the Individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defensellnk.mil"URL:http://www.det enselink.mil/faq/pls/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the Individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the Individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported In this certificate Is defined in accordance with 10 USC§101(d)(1), Prior to 2010 only some of the active duly periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)end Coast Guard Reserve Program Administrator(RPM). Active Duty status also applies to a Uniformed Service member who is art active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases • Coverage under the SCRA Is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined In accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: R351073D4079L60 HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA, N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff v. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. CERTIFICATION OF LAST-KNOWN ADDRESSES I, Scott M. Rothman, being duly sworn according to law, depose and say the following: 1. The last known address for Robert S. Martens, and the address where Robert S. Martens was served with the Complaint, is 50 North Duke Street, P.O. Box 83480, Lancaster, PA 17608. 2. The last known address for Unifund CCR Partners, and the address where Unifund CCR Partners was served with the Complaint, is 10625 Techwoods Circle, Cincinnati, OH 45342. 3. The last known address for Midland Funding, LLC,Assignee of Bank of America, and the address where Midland Funding, LLC,Assignee of Bank of America was served with the Complaint, is 8875 Aero Drive, San Diego, CA 92123. 4. The last known address for Countrywide Home Loans, or its successors in interest, and the address where Countrywide Home Loans, or its successors in interest, was served with the Complaint, is 7105 Corporate Drive, Piano,TX 75024. 5. The last known address for Commonwealth Financial Systems, and the address where Commonwealth Financial Systems, was served with the Complaint, is 245 Main Street, Dickson City, PA 18519. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. yz ,.3v 13 Date: Scott M. Rothman HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney Identification No. 201478 1100 E. Hector Street, Suite 425 Conshohocken, PA 19428 610 834 8819 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA, N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff v. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. CERTIFICATION OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion for Default Judgment was served via first-class U.S. mail upon the following: Keith O. Brenneman, Esquire Snelbaker &Brenneman, P.C. 44 W. Main Street Mechanicsburg, PA 17055 Mark W. Allshouse, Esquire Christian Lawyer Solutions 4833 Spring Road Shermans Dale, PA 17090 Mr. Robert S. Martens 645 N. Mount Joy Street Elizabethtown, PA 17022 Commonwealth Financial Systems, Inc. 245 Main Street Dickson City, PA 18519 Countrywide,Home Loans 7105 Corporate Drive Plano, TX, 75024 Unifund CCR Partners 10625 Techwoods Circle Cincinnati,OH 45342 Midland Funding, LLC 8875 Aero Drive San Diego, CA 92123 HALBERSTADT CURLEY LLC Date: (-Z- °( (3 By: Scott M. Rothman Attorney for Plaintiff LI BANK OF AMERICA, N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff V. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME rriczj — - ry 17. LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND MIDLAND FINDING, LLC, (-3 Assignee of Bank of America; HAMPDEN •. TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. ORDER AND NOW,this day of , 20 lt,upon consideration of Plaintiff's Motion for Default Judgment,the consent of Defendant Maria C. Martens, and any opposition thereto, it is hereby ORDERED and DECREED as follows: 1. The motion is GRANTED; 2. The Mortgage recorded with the Cumberland County Recorder of Deeds on October 16, 2002, in Book 1777 at Page 3565 shall be REFORMED nurse pro tune,to include Maria C. Martens as a co-mortgagor; 3. The lien of the Mortgage, as hereby reformed, shall relate back nurse pro tune to the date of original Mortgage. 4. The Mortgage, as hereby reformed, is senior in priority to the Mortgage lien held by Countrywide Home Loans, or its successors in interest recorded with the Cumberland County Recorder of Deeds on September 21, 2004, in Book 1881 at Page 2730; 5. The Mortgage, as hereby reformed, is senior in priority to the judgment lien held by Unifund CCR Partners under docket number 2008-1441; the judgment lien held by Midland Funding LLC, Assignee of Bank of America under Docket Number 2008-6942; and the judgment lien held by Commonwealth Financial Systems, Inc. under docket number 2011-8935; 6. The Office of the Recorder of Deeds shall accept a certified copy of this Order for recordation as a miscellaneous instrument. BY THE C•URT: J. Cop *e s ( J€L /444y 1344-y k . Pize,u,ozirnu4.J A44y AtisLutsE_ extu,44.71-01 ae- hie-vroc.1.41 UA-$3 akARIAxi_ C.C.12. ?an:1,1ms ()Z4 se.L6,,cCrywc.L9 Rel£12=1-/12eCie‘)5 Coryirpuz4a4_, 67:4_1,4divth.t. //VP( ROTOO,.. ZC111 APR -1 PM 12: ..:LIMBERLANE; COUNTY PENNSYLVANIA Keith 0. Brenneman, Esquire Attorney ID No. 47077 Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County BANK OF AMERICA, N.A., Successor by Merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP, Plaintiff v. ROBERT S. MARTENS, MARIA C. MARTENS, COUNTRYWIDE HOME LOANS, CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION, UNIFUND CCR PARTNERS, MIDLAND FUNDING, LLC, HAMPDEN TOWNSHIP, and COMMONWEALTH FINANCIAL SYSTEMS, INC., Defendants IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2013-2795 CIVIL : CIVIL ACTION — LAW : QUIET TITLE MOTION TO APPROVE CONSENT ORDER Cumberland County Department of Adult Probation, by its attorney, Assistant Cumberland County Solicitor Keith 0. Brenneman, submits this Motion and in support thereof states the following: I. This action in quiet title was initiated by Plaintiff Bank of America, N.A. seeking, inter alia, reformation of a mortgage for purposes of establishing the priority of that mortgage as it relates to various judgments, liens and interests of record of the Defendants named in this action. 2. Defendant Cumberland County Department of Adult Probation, through its counsel, has reached a stipulation with the Plaintiff concerning the priority of a judgment held by Cumberland County Department of Adult Probation against Defendant Robert S. Martens, an owner of the property upon which the mortgage which Plaintiff seeks to reform has been recorded. The original executed Stipulation For Entry of Consent Order ( "Stipulation ") is attached hereto and incorporated by reference herein as "Exhibit A ". 3. Defendant Cumberland County Department of Adult Probation requests this Court to issue an Order in the form submitted with this Motion approving the Stipulation between Plaintiff and Defendant Cumberland County Department of Adult Probation. 4. Plaintiff's counsel, Scott M. Rothman, Esquire, consents to the relief requested in this Motion. 5. This case was previously assigned to the Honorable Kevin A. Hess, who issued an Order dated January 6, 2014 granting Plaintiff's Motion For Default Judgment against three of the Defendants in this action. WHEREFORE, Defendant Cumberland County Department of Adult Probation requests this Court to issue an Order approving the Stipulation between Plaintiff and Cumberland County Department of Adult Probation. Date: April 1, 2014 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697 -8528 Assistant Solicitor, Cumberland County, for Defendant Cumberland County Department of Adult Probation 2 BANK OF AMERICA, N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -QUIET TITLE NO. 2013 -2795 Tax Parcel No. 10 -18- 1312 -138 STIPULATION FOR ENTRY OF CONSENT ORDER Plaintiff Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, f /k/a Countrywide Home Loans Servicing, LP and Defendant Cumberland County Department of Adult Probation, through their undersigned counsel, hereby stipulate and agree to the entry of an Order by consent in favor of Bank of America, N.A.,, successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP and against Cumberland County Department of Adult Probation (exclusive of the request for taxable costs). HALBERSTADT CURLEY LLC By: Scott M. Rothman Attorney for Plaintiff CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION By: Keith O. Brenneman Attorney for Defendant Cumberland County Department ofAdult Probation EXHIBIT A VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. 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: April 1, 2014 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Keith 0. Brenneman Assistant Cumberland County Solicitor 2 CERTIFICATE OF SERVICE I, KEITH 0. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Date: NAV 1 4 20/Y LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Scott M. Rothman, Esquire Halberstadt Curley, LLC Spring Mill Corporate Center Suite 245 Conshohocken, PA 19428 Keith 0. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717)697-8528 Assistant Solicitor, Cumberland County, for Cumberland County Department of Adult Probation BANK OF AMERICA, N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Horne Loans Servicing, LP Plaintiff v. ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-QUIET TITLE NO. 2013-2795 Tax Parcel No. 10-18-1312-138 ORDER AND NOW, this /41 day of , 2014, upon consideration of the Stipulation for Entry of Consent Order, it is hereby ORDERED and DECREED as follows: 1 The Mortgage recorded with the Cumberland County Recorder of Deeds on October 16, 2002, in Book 1777 at Page 3565 is senior in priority to the judgment lien held by Cumberland County Department of Adult Probation against Robert S. Martens under docket number 2007-3932. 2. The Office of the Recorder of Deeds shall accept a certified copy of this Order for recordation as a miscellaneous instrument. c.) CD 1 CD 14- BY THE COURT: HALBERSTADT CURLEY LLC P T j0XI0 _ By: Scott M. Rothman r Attorney Identification No. 201478 , `l P/1 1100 E. Hector Street, Suite 425 U � li Lt Conshohocken, PA 19428 P SS YL VA y jUN7'y 610 834 8819 A 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff V. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. PRAECIPE TO RELEASE LIS PENDENS TO THE PROTHONOTARY: Kindly mark as released the lis pendens indexed by plaintiff against the property commonly known as 3608 Dwayne Avenue, Mechanicsburg, PA 17050. HALBERSTADT CURLEY LLC Date: 1 By: Scott M. Rothman Attorney for Plaintiff °`�y HALBERSTADT CURLEY LLC By: Scott M. Rothman 7t A y Attorney Identification No. 201478 FJ'Jy S 1100 E. Hector Street, Suite 425 CIJN EftConshohocke � 610 34 8819n, PA 19428 EIYNSYt.VgtdIA Y 610 834 8813 (fax) Attorneys for Plaintiff BANK OF AMERICA,N.A., successor by COURT OF COMMON PLEAS merger to BAC Home Loans Servicing, LP, CUMBERLAND COUNTY, PA f/k/a Countrywide Home Loans Servicing, LP CIVIL ACTION-QUIET TITLE Plaintiff V. NO. 2013-2795 ROBERT S. MARTENS; MARIA C. MARTENS; COUNTRYWIDE HOME LOANS, or its successor in interest; CUMBERLAND COUNTY DEPARTMENT OF ADULT PROBATION; UNIFUND CCR PARTNERS; MIDLAND FUNDING, LLC, Assignee of Bank of America; HAMPDEN TOWNSHIP; and COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendants. PRAECIPE TO MARK JUDGMENT SATISFIED AND SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above judgment as satisfied and mark the action as settled, discontinued and ended. HALBERSTADT CURLEY LLC Date: By: Scott M. Rothman Attorney for Plaintiff