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Home My WebLink About13-3030 Supreme Couft EX-en nsylvania COUruCom ?`P For Prothonotary Use Only: C? 1 ilCbver Sliet Tj�Ej. , u Docket No:l> berd�a �,.. an 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 of pleadings or other papers as required by law or rules of court. Commencement of Action: S Complaint = Writ of Summons = Petition 0 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Deutsche Bank National Trust Company et al. Alan E. Lindbeck and Tracy J. Lindbeck T Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? Ix Yes 0 No (check one) n! outside arbitration limits 0 N Is this a Class Action Suit? Yes No Is this an MDJAppeal? 0 Yes 0 No A. Name of Plaintiff /Appellant's Attorney: Andrew J. Marley Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY 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 0 Intentional El Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card Board of Assessment Motor Vehicle 0 Debt Collection: Other [_ l Board of Elections 0 Nuisance _ Dept. of Transportation Premises Liability Statutory Appeal: Other S C Product Liability (does not include mass tort) 0 Employment Dispute: E 0 Slander/Libel/ Defamation Discrimination C Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: I Other: O MASS TORT Asbestos N 0 Tobacco 0 Toxic Tort -DES 0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Ejectment 0 Common Law /Statutory Arbitration B E1 Other: [� Eminent Domain/Condemnation Declaratory Judgment i Ground Rent Mandamus Landlord/Tenant Dispute 0 Non - Domestic Relations IX Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: C 7 Other Professional: I Updated 1/1/2011 STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) } �7ONO LESLIE J. RASE EsQU1RE (58365) 2013,x,4 r�l .T CHRISTINA C. VIOLA ESQUIRE (308909) r An": 08 STERN & EISENBERG, PC w `U118ER f Q tj 261 OLD YORK ROAD, SUITE 410 VA �L A J �T Y JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572 -8111 FACSIMILE: (2l 5) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Mortgage Loan Trust 2005 -1 Asset - Backed Certificates, Series 2005 -1, by its Servicer, Ocwen Loan Servicing LLC Civil Action Number: )3_36 (� l 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. COMPLAINT IN Alan E. Lindbeck MORTGAGE FORECLOSURE 34 Courtyard Dr Carlisle, PA 17013 -4908 Tracy J. Lindbeck 504 South Market St, Mechanicsburg, PA 17055 -6418 Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. a nj 46 b 3 -/- / PC) YOU SHOULD TAKE THIS PAPER TO A 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800- 990 -9108 717 -249 -3166 STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Mortgage Loan Trust 2005 -1 Asset - Backed Certificates, Series 2005 -1, by its Servicer, Ocwen Loan Servicing LLC Civil Action Number: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V . COMPLAINT IN Alan E. Lindbeck MORTGAGE FORECLOSURE 34 Courtyard Dr Carlisle, PA 17013 -4908 Tracy J. Lindbeck 504 South Market St Mechanicsburg, PA 17055 -6418 Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within expuestas en las paginas siguientes, usted twenty (20) days after this complaint and notice tiene veinte (20) dias de plazo al partir de la are served, by entering a written appearance fecha de la demanda y la notificacion. Hace personally or by attorney and filing in writing falta asentar una comparencia escrita o en with the court your defenses or objections to the persona o con un abogado y entre ar a la claims set forth against you. You are warned that corte en forma escrita sus defensas o sus if you fail to do so the case may proceed without objeciones a ]as demandas en contra de su you and a judgment may be entered against you persona. Sea avisado que si usted no se by the court without further notice for any money defiende, la corte tomara medidas y puede claimed in the complaint or for any other claim or continuar la demanda en contra suya sin relief requested by the plaintiff. You may lose previo aviso o notificacion. Ademas, la money or property or other rights important to corte puede decidir a favor del demandante y you. requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede YOU SHOULD TAKE THIS PAPER TO A perder dinero o sus propiedades u otros LAWYER AT ONCE. IF YOU DO NOT HAVE derechos importantes para usted. A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET Lleva esta demanda a un abogado FORTH BELOW TO FIND OUT WHERE YOU inmediatumente. Si no tiene abogado o si CAN GET LEGAL HELP. THIS OFFICE CAN no tiene el dinero suficiente de pagar tal PROVIDE YOU WITH INFORMATION servicio, vaya en persona o Maine por ABOUT HIRING A LAWYER. telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar IF YOU CANNOT AFFORD TO HIRE A donde se puede conseguir asistencia legal.. LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800 - 990 -9108 717- 249 -3166 NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Mortgage Loan Trust 2005 -1 Asset - Backed Certificates, Series 2005 -1, by its Servicer, Ocwen Loan Servicing LLC Civil Action Number: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V . COMPLAINT IN Alan E. Lindbeck MORTGAGE FORECLOSURE 34 Courtyard Dr Carlisle, PA 17013 -4908 Tracy J. Lindbeck 504 South Market St Mechanicsburg, PA 17055 -6418 Defendant(s) COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Mortgage Loan Trust 2005 -1 Asset - Backed Certificates, Series 2005 -1, by its Servicer, Ocwen Loan Servicing LLC (hereinafter referred to as "Deutsche Bank National Trust Company, As Trustee, by its Servicer, Ocwen Loan Servicing LLC ")with offices located at 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. 2. Defendant, Alan E. Lindbeck is an adult individual with a last known address of 34 Courtyard Dr., Carlisle, PA 17013. Defendant, Tracy J. Lindbeck, is an adult individual with a last -known address of 504 S. Market St, Mechanicsburg, PA 17055. 3. Under date of 01/14/2005, defendants executed and delivered to MERS, Inc. as nominee for EquiFirst Corporation a mortgage upon the property 504 South Market Street, Mechanicsburg, PA (the "Property ")to secure the payment of the sum of $158,840.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 01/20/2005 at Book: 1894 & Page:4494 and is incorporated herein by reference as though set forth at length herein. A copy of the mortgage and legal description of the Property is attached hereto and made a part hereof as Exhibit "A ". 4. An assignment transferring the mortgage originally with MERS, Inc. as nominee for EquiFirst Corporation (Originating Lender) to Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Mortgage Loan Trust 2005 -1 Asset - Backed Certificates, Series 2005 -1, was prepared and is in the process of being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 5. Alan E. Lindbeck and Tracy J. Lindbeck are the real owners of Property 504 South Market Street, Mechanicsburg, PA 17055. 6. In accordance with Pennsylvania law, the required pre - foreclosure notice (under Act 91 /Act 6 as may be applicable), was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit "B ". 7. The said loan is in default as a result of the failure to pay the monthly installments of $1,078.19 due on March 1, 2012 and on the same day of each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE ....................... ............................... $145,017.83 INTEREST accrued thru 04/21/2013 of .............................. $12,633.07 Interest after 04/21/2013 shall accrue at the per diem rate of $28.40.) LATE CHARGES accrued thru 04/21/2013 of .................... $107.82 Late charges after 04/21/2013 shall accrue at the monthly rate of $53.91.) ESCROW ADVANCES ........................ ............................... $1,672.00 FEES BILLED ....................................... ............................... $2,531.00 ATTORNEY'S FEE .............................. ............................... $7,000.00 LESS SUSPENSE (If any) ..................... ............................... ($586.94) TOTAL ................................................... ............................... $168,374.78 Attorney fees are allowed in conformity with the mortgage documents and Pennsylvania law, and may be requested as part of any judgment requested and collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, Deutsche Bank National Trust Company, As Trustee, by its Servicer, Ocwen Loan Servicing LLC requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property, for the sum of $168,374.78 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts that accrue over the course of the instant matter and to w . ch Plaintiff is entitled to recover. STERN krEISEN r ER / G, PC BY: FUIRE EISEN ERG, ESQ LA - KEVIN P. DISKIN, ESQUIRE ❑ JACQUELINE F. McNALLY ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE Date: 22 , 200 00 Attor}ey for Plaintiff ( .�„f /� 1 /` /✓ J. �� Tracy J. Lindbeck and Alan E. Lindbeck — 504 South Marken Street, Mechanicsburg, PA 17055 #71085575 VERIFICATION Contract Management Coordinator I, the undersigned, M ar l ene Siaun ors of Ocwen Loan Servicing, LLC ( "Ocwen "), attorney in fact for Deutsche Bank National Trust Company, s Trustee for the Registered Holder of EquiFirst Mortgage Loan Trust 2005 -1 Asset - Backed Certificates, Series 2005 -1, ( "Plaintiff'), am authorized to make this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and /or based upon public record, this verification is based upon a review of business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiff's behalf. In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not believe t be true or which I know to be false. Date: Nam k Marten Sol* Title: ntract M Coordinator Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Mortgage Loan Trust 2005 -1 Asset- Backed Certificates, Series 2005 -1, by its Servicer, Ocwen Loan Servicing LLC r (r• r• {�^'� ::• j * , 9 0 ail l 10 t Prepared By. Return To: Sguipirst corporation Attni Collateral M Sarah Brown 500 Forest Point Circle 500 Foreat Point Circle, Charlotte, WC 28273 Charlotte, NC 28273 Parcel Number: 16 -24- 0787 -127 (Space Above Tale Line For Recording Data] MORTGAGE MIN 1002 00100 0 642 60114 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 January 14, 2005 , together with all Riders to this document. (B) "Borrower" is Tracy J. Lindbeck and Alan B. Lindbeck, wife and buaband Borrower is the mortgagor under this Security Instrument. (C) 1 744" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender* s successors and assigns. MFRS 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 -MFRS. 642601 PENNSYLVANIA - Single Family - Fannte MaelFnddle Mae UNIFORM INSTRUMENT WITH HERS Form 3034 1101 ®® -BA(PA) (0202) po" 1 of le 1nR4 - VMP MORTGAGE R IMS- (6Q0)521 -72 B{ 18 9 4 PG 4 4 9 4 Ex�iarr (D) "Lender" is BquiFirst Corporation Lender is a Corporation organized and existing under the laws of North Carolina Lender's address is 500 Forest. Point Circle, Charlotte, HC 28273 (E) "Note" means the promissory note signed by Borrower and dated January 14, 2005 The Note states that Borrower owes Lender one hundred fifty - eight thousand eight hundred forty and 00/100 Dollars (U.S. $158,840.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fidt not later than February 1, 2035 (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 Nate, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest_ (I) '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 ❑ Condominium Rider Second Rome Rider Balloon Rider F1 Planned lint Development Rider 0 1-4 Family Rider VA Rider ❑ Biweekly Payment Rider Other(s) [specify] Prepayment Penalty Rider (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. (3) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. Qq "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) ' Mlsedianeous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan_ (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 642601 ,A iniiM 4 M+�- 5A(PA) (0202) P490 of 16 Form 3039 1101 m BK i 894PG4495 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq_) and its nnplementing regww on, 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 Tcgnfrements 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 MFRS, the following described property located in the County [Type of Recording Jurisdiction] of Cuniberlaltd [Name of Recording Jurisdiction]: See Attached Exhibit A which currently has the address of 504 South Market Str *et [street] Mechauicaburg (City), Pennsylvania 17055 (Zip Code] ( "Property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the " Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Insu orient, but, if necessary to comply with law or custom, MERS (as nominee for Larder 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. 64601 wduw: (M4A(PA) pew) Papa of 1e Farm 3039 1101 Eli l 894PG4496 BORROWER COVENANTS that Borrowrr 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 arc 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 fiords 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 maldng payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrtlnient. 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 r emainin g amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 94201 INtt - (=dtA(PA) (0202) Psp.4 of 16 Form 3036 1/01 SKI 894PU4497 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 duo Voluntary prepayments shall be applied fast 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 fWl, a stun (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 Assessmeuts, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, = shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. - Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be hold 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 Dome 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 642601 inia. go -6A(PA) (o2a2) paQeaoria Form 3039 1101 G 8K 1894PG4498 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA_ If there is a shortage of Funds held in escrow, as defined under .RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender Elie 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 Assescmcats, 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 arc 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 pan 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 Loam. 5. Property rnsurance. 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 deductnible levels) and for the periods that Leader 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. 642601 Inuwc 40-SA(PA) (0202) Pa4.8 of 16 Form 3039 1101 m K 89.4PG4499 If Borrower fails to maintain any of the coverages described above, Lender may obtain insuran coverage, at Lender's option and Borrower`s expense. Lender is under no obligation to purchase any particular We or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower' s equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the. insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S 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 Leader 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 insuran 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 tile, 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. sgasoi 40.8A(PA) p2v) Pag+r of Is f=orm 303! VDI BK t 894PG4500 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible. Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender tray 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 tills 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 alien 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 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 banluuptey proceeding. Securing the Property includes, but is not limited to, entering the Property to stake 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. 642601 mn SA(PA) 102021 P.p.e w 16 Form 31139 1 tt}1 L 8i{1894PG450I Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrurent. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insuran 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 If Lender required Mortgage Insurance as a condition of maldng 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 insuran 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 fiords 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 lnsurance, 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 re 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. ®- 6A(PA)(0202) Paco 9 fit 16 Form 3039 1101 m aK t 894PG4502 N 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. 11. Assignment of Miscellaneous Proceeds; liorfelture. 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 Iustnunent, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle, a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender`s judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 642601 mxw� 404A(PA) (o2ort P.g.10 01 1e Form 3039 1101 Sl�t894PG4, 503 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums scoured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shalt 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 amorftdOn of the sums secttred by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer"): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument (b) is not personally obligated to pay the sutras 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 1$, 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 refimdcd 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 Mote). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower aright have arising out of such overcharge. IS. 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 Itstruu t shall be deemed to 642601 InNI IQ- 6A(PA) (0202) Page I octe Form 3038 1101 m BK 1894PG4504 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 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 aright 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 Instrrmnent 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 beneftcW interest in the property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, instalbnent 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 bender'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 o€ this Security Instrtinnent discontinued aE any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in Us Security Instrument; (b) such other period as Applicable Law aright specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions arc 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 641601 (a- 6AtPAl (0202) P "# of ttt Form 3038 1101 SK l 894PG4505 age (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation foes, 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 Leader'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 IS. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance, The Note or a partial interest in the Note (together with this Security Inst urnent) can be sold one or more times without prior notice to Borrower. A We 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 Iean servicing obligations - to Borrower will retrain with the loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser.unless otherwise provided by the Note purchaser. .Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party`s actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other patty (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 2I: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Enviromunentai 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 Env Cleanup. 642601 - GA(PA) (o2n) �nitfa . P "e ° � � ° � e Four 3039 1101 8KI894PG4506 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 art 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 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 g overnmentaI or regulatory authority, or any private party, that an removal or other rcmediation 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 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 fallure to cure the default as specified may result to acceleration of the sums secured by this Security Instrument, forecltuure by J udicial proceeding and sale of the Properly. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure pro ceeding the non- ezfstence of a default or any other defense o _Borrower to- acceleration and foreclosure It the default.is not cured as specified, Lender at [ts 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 suns secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff s sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shalt 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. 642601 ® - GAIPA) (uzo2► t ® Ppetlofla tni � Form U30 1101 8K t 894PG4507 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this � tY Instrument and in any Rider executed by Borrower and recorded with it. Wituesses: (Seal) Tra db k - Borrower (Seal) - Borrower (Sea)} (Seal} -Borrower - Borrower — (Seal) (Seal) ].atn �Z U � ndbe.k - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower b42607. ®;8A(PA) (omj Paq.15 of �B Form 3038 1 109 OK J 894PG4508 Certificate of Residence I ' , do hereby certify that the correct address of the within -named Lender is 500 >roreet Point Circle, Charlotte, NC 28273 Witness my hand this 14 th day of January, 2005 COMMONWEALTH OF fPENNSY€,VAM*Jndbeck County ss: �~f On this the day of �� ,before me, the undersigned officer, cs cer, Ponaily appeared Tra Alan E. Lindbeck known to me (or satisfactorily proven) to be the person(s) whose name(s) istare subscribed to the within instr=ent and acknowledged that he/shelthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONW�jtt Of P6NNS�-VAN NOT AIAL SEAL. BORpEAH 14 SOCIAN. Notaly f Lo*W Peuton T+HP � 19, 200$ My t;osttnlls&lon Expi TA trcer �d 642607. f - Initiela:��_ -SA(PA) �asozi P698 16 or ie Farm 3039 1101 BKI894PG45O9 ' f SCHEDULE A File No. HA,R125 -3365 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the intersection of the center line of Marble Street with the center line of South Market Street; thence along the enter line of South Market Street, South 17 degrees 27 minutes 30 seconds East, a distance of one hundred nineteen and five hundredths (119.05) feet to a point in the same at corner of other lands now or formerly ofthe Estate of Charles A. Markley, deceased, South 72 degrees 58 minutes 10 seconds West, a distance of one hundred sixty- -nine and twenty hundredths (169.20) feet to a point in the center line of said Weaver Alley (twenty feet wide); thence along the center line of said Weaver Alley, North 17 degrees 20 minutes 10 seconds West, a distance of one hundred five and fifteen hundredths (105.15) feet to a nail in the center of West Marble Street; thence along the center line of said West Marble Street, North 68 degrees 15 minutes East, a distance of one hundred sixty -nine and thirty -three hundredths (169.33) feet to a point in the center of South Market Street, the point and place of BEGINNING SAID PREMISES being improved with a two -story dwelling house known and numbered as 504 South Market Street, Mechanicsburg, Pennsylvania and two (2) garage buildings. BEING the same premises which Roger L. Flynn and Angela R. Flynn, Husband and Wife by Indenture dated 0712311996, and recorded in the Office for the Recording of Deeds &c, in and for the County of Cumberland, aforesaid, in Deed Book and Page 143/573, granted and conveyed unto David J. Rog and Kathy L. Roff, Husband and Wife, in fee. I Certify this to be recorded In Cumberland County PA Recorder of Deeds Bid1854PG4510 Prepayment Penalty Rider to Security Instrument (To Be Recorded Together with Security Instrument) This PREPAYbffi k"1' PENALTY RIDER (the ° Rider' Mortgage, Deed of Trust or Security Deed (the "Security is Ina tmenti} dated �e date0and� amends the persons) who sign below (4the "Borrower(s)") to EquWirst Corporation " Lender" given by the Note in the amount of U.S. $ 158,840.00 (the ) to securer gmyment of a In addition to the agreements and provisions made in the Note and the Security Instrument, both the BOrrOwer(s) and the Lender firrther agree as follows PREPAYMENT PENALTY T71is amount If I prepay this loan in full within 3 year(s) from the date of this loan, I agree to a a amount equal to 6.00% of the balance of the loan outstanding on the date of a y prepayment penalty in an Prepayment penalty, will be in addition to any other amounts I may owe under the p visions of the Not kn the as a Security Instrument that secures the Note. If I make a prepayment in full on or after the th e Note, the Note Holder will impose no prepayment penalty. 3rd anni date of the Tra i c e:2� Alan E. Lindbeck` 642601 EF032 (0"2) Bpi 1894PG45 I I ,. STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: March 8, 2013 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage -on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMA.P) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDEVQR SU HIPOTECA. EXHIBIT HOMEOWNER'S NAME(S): Tracy J. Lindbeck PROPERTY ADDRESS: 504 South Market Street, Mechanicsburg, PA 17055. MAILING ADDRESS: 504 South Market Street, Mechanicsburg, PA 17055 -6418 LOAN ACCT. NO.: 71085575 ORIGINAL LENDER: MERS, h as nominee for EquiFirst Corporation CURRENT LENDER/SERVICER: Deutsche Bank National Trust Company, As Trustee For The Registered Holder OF EquiFirst Mortgage Loan Trust 2005 -1 Asset - Backed Certificates, Series 2005 -1, by its Attorney -in -fact, Ocwen Loan Servicing, LLC HOMEO'WNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: r IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housuig Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face -to -face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) ROW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 504 South Market Street, Mechanicsburg, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from March 1, 2012 through and including March 8, 2013 as follows: Payments of $1,078.19 due on 03/01/2012 through and including 03/01/2013, inthe amount of ................. ............................... .....................$14,016.47 Other charges (explain/itemize): Late charges: .......................................................................... $107.82 Feesbilled ......................... ............................... ......................$1,189.00 Other charges ( explain) ..... ............................... ......................$0.00 Less suspense .......................................... ............................... $586.94 TOTAL AMOUNT PAST DUE: .................................................... $14,726.35 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $14,726.35, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Ocwen P.O. Box 6440 Carol Stream, IL 60197 -6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged ro e IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yQu still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by pang the total amount then past due, ley late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and M other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Deutsche Bank National Trust Company, by its Attorney -in -fact, Ocwen Loan Servicing, LLC Address: P.O. Box 6440 Carol Stream, IL 60197 -6440 Phone Number: 800- 310 -9229 407 - 737 -6300 (fax number) Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN & EISENBERG, PC BY: rn & Eisenberg, PC VIA. CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL f NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. Comprehensive Housing ._ .._ Counsels g A gencies _...... 'h;^ E�4'!: ^r -I +gin H�JStw;.. f;aa. "?_E , n li e Agencias de Consejo al Cliente para Vivienda Cumberland County •CCCS afWestem PA -York 55 CbverHll Road Dallastoam PA 17313 86a.511.222? 1 888.5112227 xa,nicrr:oa:�na Community Action Commission - Capital Region 1514 De fry St Har6s6ulg PA 17104 717232.9757 www..cautfi: ourltyora Harrisburg Fair Housing Council. 2100 N 6th St HaMshug PA 17110 717.238.9540 Housing & RedevetopmentAutho:fty- Cumberland Cnty 114 N Hanovs -t St; S7E 104 Carl'cL PA 17013 866.683.5907 f 717.249.0789 xf,v,aa��hra rom Pathstone Corporation Pennsylvania 1625 Noith Second St Harnshurg PA 17102 717234.6616 an,n_ r, - raliec a,mlaath<tnna (tia.f:im Pernnsylvania Interfaith Community Programs, Inc, 40 E.1-ligh St GQtP,�-hurg PA 17325 717.334.1518 i ;vnu.adamscha.aro NOTE- Mary of the agencies offer workthops at various location sitt s; call to find a location near y¢o u. Report lavi updated: 4f30120129:03:04AM Page 1 of 1 STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: March 8, 2013 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA. (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN . PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. t k HOMEOWNER'S NAME(S): Alan E. Lindbeck PROPERTY ADDRESS: 504 South Market Street, Mechanicsburg, PA 17055. MAILING ADDRESS: 504 South Market Street, Mechanicsburg, PA 17055 -6418 LOAN ACCT. NO.: 71085575 ORIGINAL LENDER: MERS, Inc. as nominee for EquiFirst Corporation CURRENT LENDERISERVICER: Deutsche Bank National Trust Company, As Trustee For The Registered Holder OF EquiFirst Mortgage Loan Trust 2005 -1 Asset - Backed Certificates, Series 2005 -1, by its Attorney -in -fact, Ocwen Loan Servicing, LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: x IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated conszuller credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance fiom the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face -to -face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. A GENCYACTION Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to date). NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 504 South Market Street, Mechanicsburg, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from March 1, 2012 through and including March 8, 2013 as follows: Payments of $1,078.19 due on 03/01/2012 through and including 03/01/2013, in the amount of ..................................... ............................... • $14 Other charges (explain/itemize): Late charges: ............. ........ Feesbilled ......................... ............................... ......................$1,189.00 Other charges ( explain) . ............................... ..........................$0.00 Less suspense .................. ............................... ........................$586.94 TOTAL AMOUNT PAST DUE: .................................................... $14 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE . LENDER, WHICH IS $14,726.35, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check; certified check or money order made payable and sent to: Ocwen P.O. Box 6440 Carol Stream, IL 60197 -6440 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged p rope rty. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ypu still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner- set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fund out at any time exactly what the required payment or action will be by contacting the lender.. HOW TO CONTACT THE LENDER: Name of Lender: Deutsche Bank National Trust Company, by its Attorney -in -fact, Ocwen Loan Servicing, LLC Address: P.O. Box 6440 Carol Stream, IL 60197 -6440 Phone Number: 800 - 310 -9229 407 - 737 -6300 (fax number) Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN & EISENBERG, PC BY: Stern & Eisenberg, PC VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL, NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. Comprehensive Housing Counseling Agencies _rsr�s�_v• � .__ . . Agencias de Consejo a1 Cliente pares Vivienda Cumberland County `CCCS of Western PA -York 55 ClarerH71 Road Dallastown PA 17313 888.511 227 1 888.5112227 1%"W Oa nr0 Com m unity Action Commission - Capital Region 1514 Dewy St Harrisburg PA 17104 717232 4757 ww,:teactri r,^ u nrr.ara Harrisburg Fair Housing Council 2100 hJ 6th St Harrisburg PA 17110 717.238.5540 Housing & RedevelapmeritAut!w ity- Cumberland Cnty 114 hJ Hanovar &t S7E 104 Carl'sL PA 17013 866.683.5907 f 717245.0788 wxnac�_hra.com Patl Corporation Pennsylvania 1625 Idarth Sexind St Harrisburg PA 17102 717234.6616 u gNy, ru ca iit!'.1."f athetniy (a him Pennsyhania Interfaith Community Programs, Inc. 40 E High Sf Gettysburg P.A 17325 717.334.1518 rmnt.adaniseha.oM NOTE Many of the agenoitfi offer worJrshops at various locafion sites, call to find a Location near you. Report last updated:413WO12 9:03 :04 Ail Page 1 of 1' U.S, POSTAGE>> PITNEYBOWFA Name and STERN & EISENBERG 4� Address 261 Old York Road -The Pavilion -Ste 410 of Sender Jenkintown, PA 19046 +�st : p P 19046 $ 001.26 0001371685 MAR 08 2013. Line Article Postage Fee Number Alan E. Lindbeck 504 South Market Street U.S. Po stal Mechanicsburg, PA 17055 CERTIFIED MAIL. RECEIPT 2 * * * * Tracy J. Lindbeck O nly, 504 South Market Street tm Mechanicsburg, PA 17055 ` Ln Ln Postage $ * * ** Ln 4 Certified Fee nj O Return Receipt F e 4 P Herne rk 5 * * * * CO (Endorsement Required) t O Restricted Delivery Fee 6 * * ** PHFA O (Endorsement Required) PO BOX 8029 O Total Postage & Fees. HARRISBURG, PA 17105 -8029 ra 7 nj Sent To a Tracy J. Lindbeck °------------------ O Street, Apt. No.; or PO Box No. 504 South Market Street $ * * ** ciCy siate:ziP a" - ------- Mechanicsburg, PA 17055 ---- ------ °•- 0 i PS Form 3800, August 2006 See Reverse for Instructions 10 * * ** P lI * * ** . ,: t CERTIFIED MAILm RECEIPT r` • . _ O nly; ni 12 N 13 U Postage $ 14 * * ** Lr) /(.,. , b. Certified' i rl O Return Receipt pp co Postmark Lindbeck ACT NOTICE O (Endorsement Requfred 15 RE: Lindb O ; o) Here Restricted Deliver 'Fee', ++ Total Number of Total Number of Pieces Postmas r, P e o c y✓i O (Endorsement Required) Pieces Listed by Se Received at Post Office I Em to ee r9 O Total Postage & Fees F Sent To ru Alan E. Lindbeck Street, Apt. ---------------•--°-- or PO Box No. 504 South Market Street City State, zrp +a ••. Mechanicsburg, PA 17055 •------------------•-- PS Form :rr August 2006 See Reverse for Instructions C_') FORM 1 Deutsche Bank National Trust Company et a l IN THE COURT OF COMMON PLEAS OF rror►tTi CUMBERLAND COUNTY, PENNSYLVANIAN. 70 th Plaintiff(s) ,7 Co --G : --n <CD gsw CD - rl VS. p C-) :;r-- ...- c:: Alan E. Lindbeck and Tracy J. kiodbeck 13 , 3�3U e endant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE, THIS PROGRAM IS FREE. Respectfully submi a , 05/23/2013 Date g 9" dif Codfisel for Plainti FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST OMERIPRIMARY APPLICATIO Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO B ORRO WER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF ORMATIO N First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH /We, authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 Deutsche Bank National Trust Company et al IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Alan E. Lindbeck and Tracy J. Lindbeck Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 Deutsche Bank National Trust Company et al IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Alan E. Lindbeck and Tracy J. Lindbeck Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY _ Ronny R Anderson Sheriff 2: w r Jody S Smithy r,t.-t Chief Deputy Richard W Stewart" r--°- <>v7 ..': Solicitor ORFICE OF TVIE Sit-RIrr c-. � ` C-1 >€� CD ,C; Deutsche Bank National Trust Company Case Number vs. Alan E Lindbeck (et al.) 2013-3030 SHERIFF'S RETURN OF SERVICE 05/30/2013 09:15 PM -Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Alan E Lindbeck, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 34 Courtyard Drive, Carlisle Borough, Carlisle, PA 17013. Defendant's have filed bankrupty, Case# 1:1 0-bk-01 122-RNO. Service was also attempted at 504 South Market Street, Mechanicsburg but that address is vacant. 05/31/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Tracy J Lindbeck, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served" at 34 Courtyard Drive, Carlisle Borough, Carlisle, PA 17013. Defendant's have filed bankrupty, Case#1:10-bk-01122-RNO. Service was also attempted at 504 South Market Street, Mechanicsburg but that address is vacant. SHERIFF COST: $62.08 SO ANSWERS, May 31, 2013 RbNW R ANDERSON, SHERIFF ica CountySuite Sheriff,Toleosoft.Inc. STEVEN K.EISENBERG,ESQUIRE(75736) ra M. TROY FREEDMAN,ESQUIRE(85165) ANDREw J. MARLEY,ESQUIRE(312314) CHRISTINA C.VIOLA,ESQUIRE(308909) STERN&EISENBERG,PC (nnr- ! 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE =3: C: WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215)572-8111 .; FACSIMILE: (215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Mortgage Loan Trust 2005-1 Asset-Backed Certificates, Series 2005-1, by its Servicer, Ocwen Loan Servicing LLC Civil Action Number: 2013-3030 V. Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) MOTION FOR SPECIAL ORDER DIRECTING SERVICE BY POSTING AND CERTIFIED MAIL PURSUANT TO PA. R.C.P. 430(a) TO DEFENDANTS ALAN E. LINDBECK AND TRACY J. LINDBECK 1. Plaintiff is Deutsche Bank National Trust Company,assignee of a loan to defendant's secured by a mortgage on their real estate at 504 South Market Street, Carlisle, PA 17013. As a result of defendants' default on said mortgage, Plaintiff filed a Civil Action on May 28, 2013. 2. The whereabouts of defendants whose last known address according to Plaintiffs records are 34 Courtyard Drive, Carlisle,PA and 504 South Market Street, Mechanicsburg, PA is unknown, and accordingly, an attempt to serve such defendants pursuant to the usual process prescribed by Pa. R.C.P. 400-405 would be futile. 3. Pursuant to Pa. R.C.P. 430(a), an investigation has been made to determine the whereabouts of the Defendants and the reason why service cannot be made. Attached hereto and made part hereof as Exhibit"A" is an affidavit stating the nature and extent of that investigation. 4. Pursuant to Pa. R.C.P. 430(a)and Pa. R.C.P. 410(c)(2)and (3), this Court may enter a special order directing that service be made by posting a copy of Plaintiffs Civil Action and all further notices requiring personal service, if any, on the most public part of 504 SOUTH MAIN STREET, MECHANICSBURG, PA 17055 and by certified mail, return receipt requested to the Defendants at their last known addresses being 504 SOUTH MAIN STREET, MECHANICSBURG, PA 17055 and 34 COURTYARD, DRIVE, CARLISLE, PA 17013. WHEREFORE,Plaintiff by its attorney moves this Honorable Court to enter a special order directing that service be made by posting a copy of Plaintiffs Civil Action on premises 504 SOUTH MAIN STREET,MECHANICSBURG,PA 17055 and by sending a copy of same to the Defendants, at their last known addresses being 504 SOUTH MAIN STREET,MECHANICSBURG,PA 17055 and 34 COURTYARD,DRIVE, CARLISLE,PA 17013 by certified mail,return receipt requested and regular mail. The Court is further requested to direct that all further notices required in the above-captioned matter, requiring personal service, if any, be served on Defendants in the same manner as permitted for service of Plaintiffs Civil Action in this case. STERN&EISENBERG, PC BY: :M OY FREEDMAN, Plaintiff orney for Plaintiff STEVEN K.EISENBERG,ESQUIRE(75736) M. TROY FREEDMAN,ESQUIRE(85165) ANDREw J.MARLEY,ESQUIRE(312314) CHRISTINA C.VIOLA,ESQUIRE(308909) STERN&EISENBERG,PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215)572-8111 FACSIMILE:(215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Mortgage Loan Trust 2005-1 Asset-Backed Certificates, Series 2005-1, by its Servicer, Ocwen.Loan Servicing LLC Civil Action Number: 2013-3030 V. Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) AFFIDAVIT OF INVESTIGATION I,M. TROY FREEDMAN,being duly sworn according to law,depose and say that I am counsel for Plaintiff,Deutsche Bank National Trust Company in the foregoing action and that the following efforts were made by my office to serve the defendants with Plaintiff s Civil Action and to determine the present whereabouts of said defendants: 1. Service of Plaintiff's Civil Action was attempted by the sheriff of Cumberland County at the mortgaged property address being 504 SOUTH MAIN STREET, MECHANICSBURG, PA 17055 and 34 COURTYARD DRIVE, CARLISLE, PA 17013,per the sheriff, 504 SOUTH MAIN STREET is"VACANT"and 34 COURTYARD DRIVE"Not Served". See Exhibit`B"which is attached hereto and made a part hereof. EXHIBIT J:\ANGELA\POSTING\CUMBERLAND\OCWEN.L 2. Plaintiff sent an inquiry to the Department of Motor Vehicles in order to obtain information concerning the defendants and defendants are registered at 504 South Market Street, Mechanicsburg, PA 17055. See Exhibits "C"and "D"which are attached hereto and made a part hereof. 3.Moreover,Plaintiff did an inquiry to the Post Office and according to the records it maintains, the defendant Alan E. Lindbeck moved and did not leave a forwarding address and defendant Tracy J. Lindbeck is not known at address given. See Exhibits "E" and"F" which are attached hereto and made a part hereof 4. Plaintiff also sent an inquiry to the Department of Voter Registration in Cumberland County and according to the records it maintains, the defendants are registered at the mortgaged property address, 504 S Market Street,Mechanicsburg,PA. See Exhibits"G"and"H" which are attached hereto and made a part hereof. 5. Pursuant to information provided by the Defendants Bankruptcy Docket the Defendant Tracy J.Lindbeck is registered at 34 Courtyard Drive, Carlisle,PA 17013. See Exhibit "I"which is attached hereto and made a part hereof. 6.In addition to the standard searches conducted above,Plaintiff s Counsel has also conducted an accurint search in order to determine additional information as to the whereabouts of the Defendants and the Defendants are registered at 504 S Market Street,Mechanicsburg,PA 17055. See Exhibits "J" and "K" which are attached hereto and made a part hereof. The information provided has enabled Counsel to conduct additional investigation including those contemplated pursuant to Pa.RCP 430. Notwithstanding, those -additional inquiries and calls have lead to no information that would indicate that the Defendants are at any other addresses. Based on the additional investigation, Counsel believes that Defendant is simply evading service. J:\ANGELA\POSTING\CUMBERLAND\OCWEN.LINDBECK,6.13.DOC This information is true and correct to the best of my knowledge, information and belief. STERN&EISENBERG, PC TPMH; rar. 7 BY: NIOTARIAL.Sal, M. ROY FREEDMAN, ANGELA;v,p, 1CAP�,Notay County �ttorney for Plaintiff AbinO�on Tv�p.,Mos�t;;orrse�Cut��fy My Commission Expires%ove,�iber 26,2016 Sworn to and subscribed before me this-,?J day of 2013. Nota ublic J:\ANGELA\POSTING\CUMBERLAND\OC WEN.LINDBECK.6.13.DOC SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,of�:rruGr �at«�tt t Gty�� Jody S Smith Chief Deputy Richard W Stewart ' Solicitor OF'ICG OF THE:I:~^RIFF Deutsche Bank National Trust Company vs. Case Number Alan E Lindbeck(et al.) 2013-3030 SHERIFF'S RETURN OF SERVICE 05/30/2013 09:15 PM-Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Alan E Lindbeck, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 34 Courtyard Drive, Carlisle Borough, Carlisle, PA 17013. Defendant's have filed bankrupty, Case# 1:10-bk-01122-RNO. Service was also attempted at 504 South Market Street, Mechanicsburg but that address is vacant. 05/31/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within-named Defendant to wit:Tracy J Lindbeck, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 34 Courtyard Drive, Carlisle Borough, Carlisle, PA 17013. Defendant's have filed bankrupty, Case# 1:10-bk-01122-RNO. Service was also attempted at 504 South Market Street, Mechanicsburg but that address is vacant. SHERIFF COST: $62.08 SO ANSWERS, May 31, 2013 RbNtrY R ANDERSON, SHERIFF EXHIBIT PAGE 1 PENNSYL�_'dIA DEPARTMENT OF TRANSPORT .TION BUREAU OF DRIVER LICENSING BASIC DRIVER INFORMATION MAR 21 2013 DRIVER: TRACY JO LINDBECK DRIVER LICENSE NO : 24171177 504 S MARKET STREET DATE OF BIRTH : JUL 21 1969 MECHANICSBURG, PA 17055 SEX : FEMALE RECORD TYPE : REG LIC/ID DRIVER LICENSE (DL) COMMERCIAL DRIVER LICENSE (CDL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -' LICENSE CLASS : C - CDL LICENSE CLASS . LICENSE ISSUE DATE: JUN 11 2012 CDL LICENSE ISSUED : LICENSE EXPIRES : JUL 22 2016 CDL LICENSE EXPIRES: )RIG ISSUE DATE : APR 07 1993 CDL ENDORSEMENTS NONE KED RESTRICTIONS : NONE CDL RESTRICTIONS NONE LEARNER PERMITS CDL LEARNER PERMITS: LICENSE STATUS CDL LICENSE STATUS SB ENDORSEMENT PROBATIONARY LICENSE (PL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PL LICENSE CLASS PL LICENSE ORIG ISS PL LICENSE ISSUED PL LICENSE EXPIRES PL LICENSE STATUS OCCUPATIONAL LIMITED LICENSE (OLL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - OLL LICENSE CLASS OLL LICENSE ISSUED OLL LICENSE EXPIRES OLL LICENSE STATUS *** END OF RECORD *** EXHIBIT ' , PENNSYL;z-,`.JIA DEPARTMENT OF TRANSPOF�. TION PAGE 1 BUREAU OF DRIVER LICENSING BASIC DRIVER INFORMATION MAR 21 2013 )RIVER: ALAN E LINDBECK DRIVER LICENSE NO : 22132377 504 S MARKET STREET DATE OF BIRTH : NOV 12 1967 MECHANICSBURG, PA 17055 SEX : MALE RECORD TYPE : REG LIC/ID DRIVER LICENSE (DL) COMMERCIAL DRIVER LICENSE (CDL)` • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JICENSE CLASS C CDL LICENSE CLASS . LICENSE ISSUE DATE: DEC 14 2009 CDL LICENSE ISSUED : LICENSE EXPIRES : NOV 13 2013 CDL LICENSE EXPIRES: )RIG ISSUE DATE : JUL 24 1986 CDL ENDORSEMENTS : NONE KED RESTRICTIONS : NONE CDL RESTRICTIONS : NONE LEARNER PERMITS CDL LEARNER PERMITS: LICENSE STATUS CDL LICENSE STATUS SB ENDORSEMENT PROBATIONARY LICENSE (PL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PL LICENSE CLASS PL LICENSE ORIG. ISS PL LICENSE ISSUED PL LICENSE EXPIRES PL LICENSE STATUS OCCUPATIONAL LIMITED LICENSE (OLL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - OLL LICENSE CLASS OLL LICENSE ISSUED OLL LICENSE EXPIRES OLL LICENSE STATUS *** END OF RECORD *** EXHIBIT 7b Postmaster Date: March 9,2013 Mechanicsburg,PA 17055-6418 City, State Zip Request For Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address(if a boxholder)for the following: Name: Alan E.Lindbeck Address: 504 South Market Street,Mechanicsburg.PA 17055-6418 NOTE: The name and last known address are required for change of address information. The name, if known,and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresY cndin g dmnIS atiVe Support 352. a and b.Ai 44 1. Capacity of requester(e.g.,process server,attorney,party representing himself): Attorney 2. Statute or regulation that empowers me to serve process(not required when requester is an attorney or a party acting pro se- except a corporation acting pro se must cite statute): N/A 3. The names of all known parties to the litigation: Deutsche Bank National Trust Company,as Trustee by its Attorney-in- fact Ocwen Loan Servicing,LLC v. Alan E.Lindbeck 4. The court in which the case has been or will be heard CCP CUMBERLAND COUNTY 5. The docket or other identifying number if one has been issued: 6. The capacity in which this individual is to be served(e.g.,defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN COY,WECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR C ,ANGE F ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS,OR BOTH(Title 18 U.S.C.Section 1001). STERN&EISENBERG,PC Sign re 261 OLD YORK ROAD,SUITE 410 JENKINTOWN,PA 19046 Printed Name-Viola/Christina City, State,ZIP Code FOR POST OFFICE USE ONLY No change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK Not known at address given. NAME and STREET ADDRESS Moved,left no forwarding address. No such address - 1 L! EXHIBIT w MAR 2 5 2013��1 Documentl LISPS./'. Date: March 9,2013 Postmaster Mechanicsburg,PA 17055-6418 City, State Zip Request For Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address(if a boxholder)for the following: Name: Tracy J Lindbeck Address: 504 South Market Street Mechanicsburg PA 17055-6418 ge of address information. The name, if known,and post office box NOTE: The name and last known address are required for chan address are required for boxholder information. The following information is provided in accordance iwithmatonFsRwaived in accordancerwith 39 CFR for 65.6(d)( ) and (2)and information. The fee for providing change of -*Manual 355 and b. corresponding Ad-m— istrative Support g, process server,attorney,party representing himself): Attorney 1. Capacity of requester(e.�,p y 2. Statute or regulation that empowers me to serve process(not required when requester is an attorney or a party acting pro se- except a corporation acting pro se must cite statute): N/A 3. The names of all known parties to the litigation: DeOcwenBoak Ser National Lst v.Tracy J.L ndbeckby its attorney-in- fa 4. The court in which the case has been or will be heard CCP CUMBERLAND COUNTY 5. The docket or other identifying number if one has been issued: 6. The capacity in which this individual is to be servedWA•RNdefendant or witness): DEFENDANT THE SUBMISSION OF FALSE INFORMATION ANY PURPOSE OTHERT HANCTHE SERVICE OF LEGAL ORPROCESS OR BOXHOLDER INFORMATION FOR CONNEC ON WITH ACTUAL OR PROSPECTIVE 00R M RISONMENT OR (2O TO AVOID PAYMENT OF THE FEE FOR INCL G INE OF UP TO $10, CHA GE POr ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS,OR BOTH(Title 18 U.S.C.Section 1001 STERN c°t:E1SEi BERG,PC 261 OLD YORK ROAD,SUITE 410 Signat JENKINTOWN PA 19046 City,State,ZIP Code Printed Name-Viola/Christina ( FOR POST OFFICE USE ONLY No change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK Not known at address given. NAME and STREET ADDRESS _ Moved, left no forwarding address. No such address G � A Z� 7 w MAR282013 0 EXHIBIT. 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EXHIBIT Page 1 of 7 USBC PAM -LIVE- VERSION 4.3 CREDS,2002,P1nCnfrmd, CLOSED U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition#: 1:10-bk-01122-fled: 02/15/2010 Date terminated: 12/18/2012 Assigned to: Honorable Robert N Opel II Debtor discharged: 11/15/2012 Chapter 13 Voluntary Asset Debtor disposition: Standard Discharge Debtor represented by James M Bach 352 South Sporting Hill Road Tracy J Lindbeck Mechanicsburg,PA 17050 34 Courtyard Drive 717 737-2033 Carlisle, PA 17013 Fax : 717 737-4220 CUMBERLAND-PA Email: JMB @JamesMBach.com SSN/ITIN: xxx-xx-5229 Trustee Charles J.DeHart,III (Trustee) 8125 Adams Drive, Suite A Hummelstown,PA 17036 717 566-6097 Asst. U.S. Trustee United States Trustee 228 Walnut Street, Suite 1190 Harrisburg, PA 17108 717 221-4515 Filing Date # Docket Text Chapter 13 Voluntary Petition . Filing fee due in the amount of I $274.00 Filed by James M Bach on behalf of Tracy J 02/15/2010 1 Lindbeck. (Bach,James) (Entered: 02/15/201 Matrix filed/Creditor List Uploaded. (There is no image or paper document associated with this entry.) Filed by James M i Bach on behalf of Tracy J Lindbeck(RE: related document(s) E 02/15/2010 2 1). (Bach, James) (Entered: 02/15/2010) ' Certificate of Credit Counseling Filed by James M Bach Bach, behalf of Trac J dbeck (RE: related document(s)1). 02/15/2010 3 5/2010) EXH►BlT 1/17/2013 Page 1 of 1 ALAN E LINDBECK Gender- Male 504 S MARKET ST MECHANICSBURG, PA 17055-6418 SSN- 189-60-xxxx Age -45 DOB - 111xx11967 Dates -2003 - Mar 13 Phones - 717-796-5906 - EDT-POTTS PATRICIA k l s t EXHIBIT t 8 . k Page 1 of 1 TRACY J LINDBECK 504 N MARKET ST MECHANICSBURG, PA 17055-6418 SSN-269-84-xxxx Age - 62 DOB- 07 1xx/1950 Dates -2003- May 13 E l r 4 EXFIIBIT k 7 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY J MARLEY,ESQUIRE(3123 ANDREW 14) CHRISTINA C.VIOLA,ESQUIRE(308909) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS NSYLVANIA FOR CUMBERLA D COUNTY Deutsche Bank National Trust Company, As Trustee for the Tru Registered t 2005I lo rst Mortgage Loan Asset-Backed Certificates, Series 2005-1,by its Servicer, Ocwen Loan Servicing LLC Civil Action Number: 2013-3030 v. Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) CERTIFICATE T SERVICE I,M.TROY FREEDMAN,attorney for the within Plaintiff,hereby certify that a true rrect co of Plaintiff s Motion for Alternative Service was mailed to the following by first and co copy class,postage prepaid mail on Alan E. Lindbeck and Alan E. Lindbeck and Tracy J. Lindbeck Tracy J. Lindbeck 34 Courtyard Drive 504 S Market Street Carlisle,PA 17013 Mechanicsburg,PA 17055 STERN &EISENBERG,PC i I BY: oo M. T Y FREEDMAN, �A/ttorney for Plaintiff 4 DATE: t k J;\ANGELA\POSTING\CUMBERLAND\OCWEN.LINDBECK.6.13.DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW Deutsche Bank National Trust Company, As = F;' Trustee for the Registered Holder of EquiFirst <. 1 o Mortgage Loan Trust 2005-1 Asset-Backed -<c) L'' �' Certificates, Series 2005-1, by its Servicer, >c) 1Th Ocwen Loan Servicing LLC > ` ri Civil Action Number: 2013-30f3 Y, v. Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) ORDER AND NOW, this day of SIC , 2013, upon consideration of Plaintiff's Motion for Special Order Directing Service of its Civil Action by Posting and Certified g Y g Mail Pursuant to Pa. R.C.P. 430(a), it is hereby ORDERED AND DECREED that defendants ALAN E.LINDBECK AND TRACY J.LINDBECK shall be served by posting a copy of Plaintiffs Complaint, Notice of Sheriff Sale and all other documents requiring personal service on the mortgaged premises, 504 SOUTH MARKET STREET, MECHANICSBURG, PA 17055 and by sending a copies of same to defendants at their last known addresses being 504 SOUTH MARKET STREET,MECHANICSBURG,PA 17055 and 34 COURTYARD DRIVE,CARLISLE,PA 17013 by certified mail, return receipt requested and regular mail. BY THE COURT: CCifa/ i 1 tick. J. �/3/i3 r� e �:t#�:;`f1rtT' tit`!L,L.a_ STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) 29 13 JUL I I PM 12: 4 8 CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY,ESQUIRE(312314) � ��'�� STERN&EISENBERG,PC PENNSYLVANIA 1581 MAIN STREET,SUITE 200 WARRINGTON,PA 18976 TELEPHONE: (215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company,As Trustee for the Registered Holder of EquiFirst Mortgage Loan Trust 2005-1 Asset-Backed Certificates, Series 2005-1, by its Servicer, Ocwen Loan Servicing LLC Civil Action Number:13-3 03 0 Civil Term V. Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) PRAECIPE TO REINSTATE CIVIL ACTION Kindly reinstate the civil action in the above captioned matter. STERN& EISENBERG, PC BY: D J. MARLEY, ESQ. orney for Plaintiff 41115 P o AT1"`P 07/10/13 C i�3 1 liq IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY M. TROY FREEDMAN, ESQUIRE _ STERN &EISENBERG PC 3 1581 Main Street, Suite 200 The Shops at Valley Square r rQ 'c ; cn Warrington, PA 18976 (215) 572-8111 I.D. #85165 ° Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Mortgage Loan Trust 2005-1 Asset-Backed Certificates, Series 2005-1, by its Servicer, Ocwen Loan Servicing LLC Civil Action Number: 13-3030 CIVIL V. Alan E. Lindbeck and Tracy J. Lindbeck Defendant(s) CERTIFICATE OF SERVICE 1, M. TROY FREEDMAN, ESQUIRE, attorney for the within Plaintiff, hereby certify that reinstated Civil Action was mailed to the Defendant by certified mail, return receipt requested and regular mail on July 16, 2013, pursuant to court order, as evidenced by copy of said order and certified mail receipt attached. STERN & EISENBERG PC BY: M. FREEDMAN Attorney for Plaintiff 7/22/13 , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW C C3 P'S'T CD L .r. Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst "'<y ��, Mortgage Loan Trust 2005-1 Asset-Backed < �, Certificates, Series 2005-1, by its Servicer, G Ocwen Loan Servicing LLC Civil Action Number: 2013-303 co v. ^` Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) ORDER AND NOW, this L"_2 day of 2013, upon consideration of Plaintiffs Motion for Special Order Directing Service of its Civil Action by Posting and Certified Mail Pursuant to Pa. R.C.P. 430(a), it is hereby ORDERED AND DECREED that defendants ALAN E.LINDBECK AND TRACY J.LINDBECK shall be served by posting a copy of Plaintiff s Complaint, Notice of Sheriff Sale and all other documents requiring personal service on the mortgaged premises, 504 SOUTH MARKET STREET, MECHANICSBURG, PA 17055 and by sending a copies of same to defendants at their last known addresses being 504 SOUTH MARKET STREET,MECHANICSBURG,PA 17055 and 34 COURTYARD DRIVE,CARLISLE,PA 17013 by certified mail, return receipt requested and regular mail. BY THE COURT: s J. ulvl i M".1 r:rar c.a , Certificate Oi AMMON POSTAI S RjffC' ,x i'+dl'aiiina W o r7 to This Cerflacate of Mailing provides evidence that mail has beim presented to USPSO for maing. O O This form may be used for domestic and irdemg6onat mail, m N N o From: S`ERN&EfSENDERGI 7P( z t— Attorneys at Law (D 1581 Main Street, Suite 200 A O r c —I r1J w Efl u� a 3 *q 6 'M The Shops at Valley Square c� �o CD Wai i ii igtui 1, PA 18976 T ' 0) }r„ 3 Cl)O C9 ¢1 (n 9 R W To: j� r a N O O +' w (D tq �.- zil 5 0�i 1ti1 arks �, - � �'a /�l Ply 11655 ' i• Q CD O CD a <` . a PS Form 3817,April 2007 PSN 7530-02-000-9065 () M UNITED STATES Certificate Of = PnSTA1 SERIaMa Mailing �j L . r fU This Cer6flcate of Mailing provides evidence that map has been presented to USPSO for marling. i;: C This form may be used fordomeslic and interneWnal mail. Om C o i� w' O from: STERN&EISENBERG, PC w P t �°-�- Att orneys at Law F- C U.S.POSTAGE>>PITNEY BOWES 1581 Main Street,-Suita296 r^� The Shops at Valley Square 0 Q co �-�► Warrington, F tL ZIP 39046 $ 001.20° '` '" O � � 4 0 2 IVY %Y : die c> o 0001371685 JUL. 17. 2013 4'.C14 o To :.� 1 t"° r� }vY' ' �Y.�--:: �: .+fir• (31~1 PS Form 3817,April 2007 PSN 7530-02-000-9065 _Q UNITED STATES Certificate Of PngT-Al SFRVJM Mailing This Cer6Gcate of Maplmg provides evidence that map has been presented to USPSO for Mlino. Thts torn may be used for domestic and intemaWnal mail. Om C4 N From: STERN&EIS BERG Z z O 1581 Main Street Suite 200 LU The Shops at Valley Square o �R::M n- M1 O TO: _ y NOo y� PS Form 381 7,April 2007 PSN 7530-02-000-9065 OF —Eal - - - • CERTIFIED Tm (Domestic . Lr) (Domestic _o F 0 Postage $ ? O Postage $ mv' m Certified Fee ; Certified Fee ru r. I nj � �stmark`. O Return Receipt Fee iu} Return Recei t Fee Postmark C3 Endorsement Required) Mere 1 0 p Here ( q ) t,ta (Endorsement Required) Restricted Delivery Fee - Restricted Delivery Fee (Endorsement Required) ^j C3 (Endorsement Required) Ir Er y C3 Total Postage&Fees $ ?'j G<I•v Total Postage&Fees M Sent To m Sent To _ --------=----o---------------------------------------•---- ---i rL--- �t C3Street Apt.No.; - -°-------^-`^---•-.-_..-- - ----°-------°-°°---°---•-----_ _. (� or PO Box No. 35q i5o rb -rA fl $treet,ApLNo.; —t (` or PO Box No. '57011 S. j�rJ"ftiI jl. ' r. \ - °-° City State.ZlP+4 State, ----------------------- °S------------------------------ C-tr1;��c 'fi i7�+3 City State,Zl4 ccE+L'.n�e.h hc-� 65 Postal PS Form 3800,August 2006 See Reverse for Instructions PS Form 3800,August 2006 See Reverse for lnstructiom� Postal RECEIPT CERTIFIED mmu.. RECEIPT CERTIFIED MAILT. O M (Domestic mail only, . insurance coverage Provided) (Domestic • .• 0 Q M m For deliveryinformation visit our website _ ', ; - L M Postage $ `' ;' M Postage $ M Certified Fee ru Qa Y ru Certified Fee C3 g% 10ds[mark' � ma Return Receipt Fee ( ere 71 Return Receipt Fee OO (Endorsement Required) x` 3 O (Endorsement Required) Restricted Delivery Fee ' Restricted Delivery Fee I_-3 (Endorsement Required) %.6 p (Endorsement Required) ; L Er Total Postage&Fees $ `� 0 Total Postage&Fees $ rq r-1 M Sent To i m Sent To A r-9 �� Y G y ut� '{rw�y 1'. --- - •------•-------------•----------------------- - --------------------•------------------- - -- - Street,Apt.No.; - ,, `` p Street,Apt.No.; tom- or PO Box No. SM 5• rs tG �t [�- orPOBoxNo. ?Lf Lo„r� yll1 9, -----------------°° - - °- ----------- ty City State,ZIP+4 r CI State,ZIP+4-------------------------- -- - leGlncv 176J� PS Form Moo,August 2006 See RoVersefor :,i August 2005 See Reverse for lnstructiori!�' SHERIFF'S OFFICE OF CUMBERLAND CO, UNTY Ronny R Anderson a F N R THI t 0 IAA,' Sheriff n 4 pqq� r� �q (�yy rarrrro €3d.1UL L6'i �t Jody S Smith Chief Deputy Richard W Stewart PlYL1� , dIA Solicitor O ,VE, ISI`ZCRIPF Deutsche Sank National Trust Company Case Number vs. 2013-3030 Alan E Lindbeck(et al.) SHERIFF'S RETURN OF SERVICE 07122/2013 11:36 AM--Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit:Alan E Lindbeck, pursuant to Order of Court by"Posting"the premises located at 504 South Market Street, Mechanicsburg Borough, Mechanicsburg, PA 17055 with a true and correct copy according to law. J K LODzi, D PUTY 07/22/2013 11:36 AM-Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Tracy J Lindbeck, pursuant to Order of Court by"Posting"the premises located at 504 South Market Street, Mechanicsburg Borough, Mechanicsburg, PA 17055 with a true and correct copy according to law. <-7,- JEF OL DZI, DEPUTY SHERIFF COST: $67.30 SO ANSWERS, July 24, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosofl,fnc. STEVEN K.EISENBERG,ESQUIRE(75736) Fa M.TROY FREEDMAN,ESQUIRE(85165) f" / ° LESLIE J.RASE,EsQuIRE(58365) �} VROTHONOTAR%t CHRISTINA C.VIOLA,ESQUIRE(308909) t! Jp ANDREW J.MARLEY(312314) 'E") � 7 STERN&EISENBERG,PC C f"��ERL A ND 1581 MAIN STREET,SUITE 200 P '►�� D COUNTY WARRINGTON,PENNSYLVANIA 18976 YC VA NINA 7 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Civil Action Number: 13-3030 Civil Mortgage Loan Trust 2005-1 Asset-Backed Certificates, Series 2005-1, by its Attorney-in- fact, Ocwen Loan Servicing LLC V. MORTGAGE FORECLOSURE Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Alan E. Lindbeck and Tracy J. Lindbeck , for failure of said Defendant(s)to file a responsive pleading to the Complaint within twenty(20)days of service thereof. PRINCIPAL BALANCE...................................................................$145,017.83 INTEREST accrued thru 04/21/2013 of ...........................................$12,633.07 Interest after 04/21/2013 shall accrue at the per diem rate of$28.40.) LATE CHARGES accrued thru 04/21/2013 of.................................$107.82 Late charges after 04/21/2013 shall accrue at the monthly rate of$53.91.) ESCROW ADVANCES....................................................................$1,672.00 IC. StoC, to �o� FEESBILLED...................................................................................$2,531.00 ATTORNEY'S FEE..........................................................................$7,000.00 LESS SUSPENSE (If any).................................................................($586.94) Sub-Total Through Date of Complaint........................................$168,374.78 ACCRUED INTEREST after 04/21/2013 shall accrue at the per diem rate of$28.40 to August 27, 2013......................................................$3,635.20 ACCRUED LATE CHARGES Late charges after 04/21/2013 accruing at the monthly rate of$53.91 through August 27, 2013 ...................................................$269.55 TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT.............................................................................$172,279.53 STERN& EN G, BY: EVEN K. SErcNALLY,, ESQUIRE • M. TROY FREED SQUIRE ❑ JACQUELINE F. ESQUIRE • LESLIE J. RASE, ESQUIRE • LEN M. GARZA, ESQUIRE • PKRISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREw J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company,As Trustee for the Registered Holder of EquiFirst Civil Action: 13-3030 Civil Mortgage Loan Trust 2005-1 Asset-Backed Certificates, Series 2005-1, by its Attorney-in- fact, Ocwen Loan Servicing LLC V. MORTGAGE FORECLOSURE Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF MONTGOMERY 1, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants': 1. Last-known address is 34 Courtyard Dr., Carlisle, PA 17013-4908 504 South Market St., Mechanicsburg, PA 17055-6418 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. STERN &EISENBERG, PC BY: ❑ STEVEN K. EISENBER UIRE ❑ M. TROY FREEDMA , QUIRE ❑ JACQUELINE F. Mc LLY, ESQUIRE ❑ LESLIE J. RASE, QUIRE ❑ LEN M. GARZA, ESQUIRE El RISTINA C. VIOLA, ESQUIRE NOTARIAL SEAL ANGELA HARRIGAN.Notary public ANDREW J. MARLEY, ESQUIRE Warrington Twp..Bucks County Attorney for Plaintiff M Commission Expires November 26.2016 Sworn to and subscribed before me this le Day of, � r , 2013. Notar ublic Department of Defense Manpower Data Center nesunsasor:Hug- `w3uo:ua:4t SCRA 3.0 status.Report f Furst'to Servicemeniblen Civil.Relief Act Last Name: LINDBECK First Name: TRACY Middle Name: J Active Duty Status As Of: Aug-27-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - - No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Dale Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Sep-09-2013 05:55:17 SCRA 3.0 Status Report t - pursuant to Service members Ovil lelief Act Last Name: LINDBECK First Name: ALAN Middle Name: E Active Duty Status As Of: Sep-09-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA , No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA - NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date i The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. iA Aklht� F Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Civil Action: 13-3030 Civil Mortgage Loan Trust 2005-1 Asset-Backed Certificates, Series 2005-1, by its Attorney-in- fact, Ocwen Loan Servicing LLC V. MORTGAGE FORECLOSURE Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. STERN&EISE ERG, BY: E K. ISENBER , ES IRE ❑ M. TROY FREEDMA , ES IRE ❑ JACQUELINE F. Mc A , ESQUIRE ❑ LESLIE J. RASE, E IRE ❑ LEN M. GARZA, ESQUIRE VHRISTINA C. VIOLA, ESQUIRE NDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STERN&EISENBERG PC THE SHOPS AT VALLEY SQUARE 1581 MAIN STREET,SUITE 200 WARRINGTON,PA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank National Trust Company,As Trustee for the Registered Holder of EquiFirst Mortgage Loan Trust 2005- Docket#: 13-3030 Civil 1 Asset-Backed Certificates,Series 2005-1,by its Attorney- in-fact,Ocwen Loan Servicing LLC TEN DAY NOTICE (Plaintiff) V. Alan E.Lindbeck Tracy J.Lindbeck (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P.237.1 TO: Alan E.Lindbeck Alan E.Lindbeck 34 Courtyard Dr 504 South Market St Carlisle,PA 17013-4908 Mechanicsburg,PA 17055-6418 Tracy J.Lindbeck Tracy J.Lindbeck 504 South Market St 34 Courtyard Dr Mechanicsburg,PA 17055-6418 Carlisle,PA 17013-4908 Date of Notice:Tuesday,August 13,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE .ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 STERN&EISENB RG,P By: �omey r Plaintiff J:\Darren\10 Day\Cumberland\Ocwen.Lindbeck 8.13.docx STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,EsQuIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Civil Action: 13-3030 Civil Mortgage Loan Trust 2005-1 Asset-Backed Certificates, Series 2005-1, by its Attorney-in- fact, Ocwen Loan Servicing LLC V. MORTGAGE FORECLOSURE Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. STERN NBER , P BY: ❑ VEN K. EISENBERG, ESQUIRE ❑ M. TROY FREED AN, ES�UIRE 11 JACQUELINE F. cN LY, ESQUIRE ❑ LESLIE J. RASE, UIRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE '//ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Civil Action: 13-3030 Civil Mortgage Loan Trust 2005-1 Asset-Backed Certificates, Series 2005-1, by its Attorney-in- fact, Ocwen Loan Servicing LLC V. MORTGAGE FORECLOSURE Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Deutsche Bank National Trust Company, As Trustee, by its Attorney-in-fact, Ocwen Loan Servicing LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 (Plaintiff) Alan E. Lindbeck and Tracy J. Lindbeck 34 Courtyard Dr Carlisle, PA 17013-4908 and 504 South Market St Mechanicsburg, PA 17055-6418 (Defendant(s)) STERNo-&IS NBE , P -- BY: ❑ STINEN K. EISENBEKG, SQUIRE ❑ M. TROY FREED N, SQUIRE ❑ JACQUELINE F. c LLY, ESQUIRE ❑ LESLIE J. RASE, SQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ �' RISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Deutsche Bank National Trust Co. ❑Confessed Judgment Plaintiff ❑Other VS. File No. 13-3030 Alan and Tracy Lindbeck amount Due $172,279.53 Defendant Interest from 8/28/13 at the perdiem rate of $28.40 until judgment is paid in u 1 Address: Atty's Comm 504 South Market Street Costs Mechanicsburg, PA 17055 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract,or account based on a confession of judgment,but if it does,it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs,upon the following described property of the defendant(s) t'T'w � F -v -a 504 South Market Streetp Q Mechanicsburg,PA 17055 t-•-� ' PRAECIPE FOR ATTACHMENT EXECUTION y' Issue writ of attachment to the Sheriff of County,for debt,intermit ` and costs,as above,directing attachment against the above-named garnishee(s)for the following property (if real estate,supply six copies of the description;supply four copies of lengthy personalty list) and all other property of the defendant(s)in the possession,custody or control of the said gamishee(s). (Indicate)Index this writ against the garnishee(s)as a lis pend agai t real tate the defendant(s)described in the attached exhibit. C�) Date September 10, 2013 Signature: Print Name: Andrew J. Marl C �'' � Address: 1581 Mai t, Ste 2`00 v� C Warring n, . 18976 Attorney for: Plaintiff Telephone: 215-572-8111 `t '� S t` t' Supreme Court ID No: 312314 So 4k J Sn L C._ C lot; A,,-- ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the intersection of the center line of Marble Street with the center line of South Market Street; thence along the center line of South Market Street, South 17 degrees 27 minutes 30 seconds east, a distance of one hundred nineteen and five hundredths (1 19.05) feet to a point in the same at corner of other lands now or formerly of the Estate of Charles A. Markley, deceased, south 72 degrees 58 minutes 10 seconds west, a distance of one hundred sixty-nine and twenty hundredths (169.20) feet to a point in the center line of said Weaver Alley (twenty feet wide); thence along the center line of said Weaver Alley, north 17 degrees 20 minutes 10 seconds west, a distance of one hundred five and fifteen hundredths (105.15) feet to a nail in the center of West Marble Street; thence along the center line of said West Marble Street, north 68 degrees 15 minutes east, a distance of one hundred sixty-nine and thirty-three hundredths (169.33) feet to a point in the center of South Market Street, the point and place of beginning SAID premises being improved with a two-story dwelling house known and numbered as 504 South Market Street Mechanicsburg, Pennsylvania and two (2), garage buildings PROPERTY ADDRESS: 504 South Market Street, Mechanicsburg, PA 17055 PARCEL ID: 16-24-0787-127 BEING the same premises which David J. Roff and Kathy L. Roff, by Deed dated January 6, 2005 and recorded January 20, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 267 Page 1105, granted and conveyed unto Alan E. Lindbeck and Tracy J. Lindbeck STEVEN K.EISENBERG,ESQUIRE(75736) r 4C:) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) rn CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 C:; WARRINGTON,PENNSYLVANIA 18976 C-} TELEPHONE:(215)572-8111 C:) C:) -:7 4 FACSIMILE:(215)572-5025 31 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Civil Action: 13-3030 Civil Mortgage Loan Trust2005-1 Asset-Backed Certificates, Series 2005-1, by its Attorney-in- fact, Ocwen Loan Servicing LLC V. MORTGAGE FORECLOSURE Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 1, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 504 South Market Street, Mechanicsburg,PA. 1. Name and address of Owner(s)or Reputed Owner(s): Alan E. Lindbeck and Tracy J. Lindbeck 34 Courtyard Dr Carlisle,PA 17013-4908 and 504 South Market St Mechanicsburg, PA 17055-6418 2. Name and address of Defendant(s) in the judgment: Alan E. Lindbeck and Tracy J. Lindbeck 34 Courtyard Dr Carlisle, PA 17013-4908 and 504 South Market St Mechanicsburg,PA 17055-6418 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: MERS, Inc. as nominee for Equifirst Corporation 500 Forest Point Circle Charlotte NC 28273 MERS Corporation 1818 Library Street, Suite 300 Reston,VA 20190 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 Tenant(s)/Occupant(s) 504 South Market Street Mechanicsburg,PA, 17055. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:. September 10, 2013 STERN & ENBERG, PC BY: AXOil�N K. EISENBEX(G, ES IRE 44!f M. TROY FREEDMXN, ESOP IRE ❑ JACQUELINE F. cNA Y, ESQUIRE ❑ LESLIE J. RASE, S IRE -99 a RF P1NN5&_V_AN1A ❑ LEN M. GARZA QUIRE NOTARIAL SEAL ❑ RISTINA C. VIOLA,ESQUIRE ANGELA HARRIGAN,Notary Public Warrington Twp.,Sucks County 2 4'DREW J. MARLEY, ESQUIRE My commission Expires November 26,20161 Attorney for Plaintiff Sworn to and subscribed before me this ";Day of r 2013. d Notaublic CD m -v r- -0 vi STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) "�� w CD CHRISTINA C.VIOLA,ESQUIRE(308909) p r ANDREW J.MARLEY(312314) q� STERN&EISENBERG,PC ` 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111. FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Civil Action: 13-3030 Civil Mortgage Loan Trust 2005-1 Asset-Backed Certificates, Series 2005-1, by its Attorney-in- fact, Ocwen Loan Servicing LLC V. MORTGAGE FORECLOSURE Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Alan E. Lindbeck and Tracy J. Lindbeck 34 Courtyard Dr Carlisle, PA 17013-4908 and 504 South Market St Mechanicsburg, PA 17055-6418 Your real estate at 504 South Market Street, Mechanicsburg, PA is scheduled to be sold at Sheriffs Sale on Wednesday, March 5, 2014 at 10:00 A.M. , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $172,279.53 obtained by Deutsche Bank National Trust Company, As Trustee, by its Attorney- in-fact, Ocwen Loan Servicing LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern& Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern&Eisenberg PC,telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern & Eisenberg PC,telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern& Eisenberg PC, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 STEVEN K..EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREw J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company,As Trustee for the Registered Holder of EquiFirst Mortgage Loan Civil Action: 13-3030 Civil Trust 2005-1 Asset-Backed Certificates, Series 2005- 1,by its Attorney-in-fact, Ocwen Loan Servicing LLC V Alan E.Lindbeck MORTGAGE FORECLOSURE Tracy J.Lindbeck Defendant(s) RE: PREMISES: 504 South Market Street,Mechanicsburg,PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default,the above referenced premises,also described on the attached sheet,will be sold by the Sheriff of Cumberland County on Wednesday,March 5,2014 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle,PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of$172,279.53 together with interest, costs(and such other allowed amounts)thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s)who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff=s Sale upon your lien,we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten(10)days thereafter. September 10, 2013 STE & ISE E , BY: • N K. EISENB ,ESQUIRE • M. TROY FREED SQUIRE IN • JACQUELE F M ALLY,ESQUIRE • LESLIE J. RAS SQUIRE • LEN M. GARZA,ESQUIRE 0 -HRISTINA C.VIOLA,ESQUIRE P1 NDREW J.MARLEY,ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the intersection of the center line of Marble Street with the center line of South Market Street; thence along the center line of South Market Street, South 17 degrees 27 minutes 30 seconds east, a distance of one hundred nineteen and five hundredths (119.05) feet to a point in the same at corner of other lands now or formerly of the Estate of Charles A. Markley, deceased, south 72 degrees 58 minutes 10 seconds west, a distance of one hundred sixty-nine and twenty hundredths (169.20) feet to a point in the center line of said Weaver Alley (twenty feet wide); thence along the center line of said Weaver Alley, north 17 degrees 20 minutes 10 seconds west, a distance of one hundred five and fifteen hundredths (105.15) feet to a nail in the center of West Marble Street; thence along the center line of said West Marble Street, north 68 degrees 15 minutes east, a distance of one hundred sixty-nine and thirty-three hundredths (169.33) feet to a point in the center of South Market Street, the point and place of beginning SAID premises being improved with a two-story dwelling house known and numbered as 504 South Market Street Mechanicsburg, Pennsylvania and two (2), garage buildings PROPERTY ADDRESS: 504 South Market Street , Mechanicsburg, PA 17055 PARCEL ID: 16-24-0787-127 BEING the same premises which David J. Roff and Kathy L. Roff, by Deed dated January 6, 2005 and recorded January 20, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 267 Page 1105, granted and conveyed unto Alan E. Lindbeck and Tracy J. Lindbeck WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3030 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE REGISTERED HOLDER OF EQUIFIRST MORTGAGE LOAN TRUST 2005-1 ASSET-BACKED CERTIFICATES,SERIES 2005-1,BY ITS ATTORNEY-IN-FACT, OCWEN LOAN SERVICING LLC Plaintiff(s) From ALAN E.LINDBECK,TRACY J.LINDBECK (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $172,279.53 L.L.: $.50 Interest from 8/28/13 AT THE PER DIEM RATE OF$28.40 UNTIL JUDGMENT IS PAID IN FULL Atty's Comm: Due Prothy: $2.25 Atty Paid: $289.88 Other Costs: Plaintiff Paid: Date: 9/11/13 J) - David D. Bue 1, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ANDREW J.MARLEY,ESQUIRE Address: STERN& EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PA 18976 Attorney for: PLAINTIFF Telephone:215-572-8111 Supreme Court ID No.312314 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) ' ... LESLIE J.RASE,ESQUIRE(58365) �f r� 7-1,;..t,„,„ CRISTINA C.VIOLA,ESQUIRE(308909) 7j / �f�` ANDREW J.MARLEY(312314) 9D Q� STERN&EISENBERG,PC �' v 480. LI 1581 MAIN STREET,SUITE 200 ., 6ERL A Ai rl WARRINGTON,PENNSYLVANIA 18976 'EN T S Y rU COI./N TELEPHONE:(215)572-8111 A NIA FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Civil Action: 13-3030 Civil Mortgage Loan Trust 2005-1 Asset-Backed Certificates, Series 2005-1, by its Attorney-in- fact, Ocwen Loan Servicing LLC v. MORTGAGE FORECLOSURE Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 504 South Market Street , Mechanicsburg, PA. 1. Name and address of Owner(s) or Reputed Owner(s): Alan E. Lindbeck and Tracy J. Lindbeck 34 Courtyard Dr Carlisle, PA 17013-4908 and 504 South Market St Mechanicsburg, PA 17055-6418 2. Name and address of Defendant(s) in the judgment: Alan E. Lindbeck and Tracy J. Lindbeck 34 Courtyard Dr Carlisle, PA 17013-4908 and 504 South Market St Mechanicsburg, PA 17055-6418 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Borough of Mechanicsburg 36 W Allen St Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: MERS, Inc. as nominee for Equifirst Corporation 500 Forest Point Circle Charlotte NC 28273 MERS Corporation 1818 Library Street, Suite 300 Reston, VA 20190 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 Tenant(s)/Occupant(s) 504 South Market Street Mechanicsburg, PA, 17055. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 27, 2013 STERN & EISENBERG, PC BY: ❑ SEVEN K. E : NBERG, ESQUIRE M. TROY ' EDMAN, ESQUIRE ❑ JAC• , LINE F. McNALLY, ESQUIRE w,Ar ,� ❑ LESL J. RASE, ESQUIRE -'wtvrsV vaNiA NOTARIAL SEAL El LEN M. GARZA, ESQUIRE ANGELA HARRIGAN,Notary Public ❑ CHRISTINA C. VIOLA, ESQUIRE Warrington Twp.,Bucks Cnunty ❑ ANDREW J. MARLEY, ESQUIRE My Commission Expires November 26,2016 Attorney for Plaintiff Sworn to and subscribed before me this, h Day of - , 2013. Notary,'lblic STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) r ' LESLIE J.RASE,ESQUIRE(58365) i Hi I l :_1 i, .,, CHRISTINA C.VIOLA,ESQUIRE(308909) , DEC ANDREW J.MARLEY(312314) °I'13 IJ L I� 2 3 I I 2: I STERN&EISENBERG,PC __ 1581 MAIN STREET,SUITE 200 :'jt1CSlrki'Lr i'3I-'uUIW{ +' WARRINGTON,PENNSYLVANIA 18976 PENNSYLVANIA TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, As Trustee for the Registered Holder of EquiFirst Mortgage Loan Trust 2005-1 Asset-Backed Certificates, Series 2005-1, by its Servicer, Ocwen Loan Servicing LLC Civil Action Number: 2013-3030 v. Alan E. Lindbeck Tracy J. Lindbeck COMPLAINT IN MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE OF SERVICE I, ANDREW J. MARLEY, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by certified mail return receipt requested and regular mail, pursuant to the court order, on December 17, 2013. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class,postage prepaid mail on December 17,2013,as evidenced by copy of certificates of mailing attached. STERN B- t ', P BY. / • Ii' WJ. Mi 4 E Attorney for P . II 12/19/13 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW c . h c --o y Deutsche Bank National Trust Company,As 'T'r= Trustee for the Registered Holder of EquiFirst �y rri Mortgage Loan Trust 2005-1 Asset-Backed ��,-' w Certificates, Series 2005-1, by its Servicer, :: s o-1- Ocwen Loan Servicing LLC ?> c Fri Civil Action Number: 2013-303 v. Alan E. Lindbeck Tracy J. Lindbeck Defendant(s) ORDER AND NOW, this day of (� , 2013, upon consideration of Plaintiff's Motion for by Postinti Civil A Ci i S a i Special Order Directing Service of its vcon Certified P Posting and Certi Mail Pursuant to Pa. R.C.P. 430(a), it is hereby ORDERED AND DECREED that defendants ALAN E.LINDBECK AND TRACY J.LINDBECK shall be served by posting a copy of Plaintiffs a j. Complaint, Notice of Sheriff Sale and all other documents requiring personal service on the mortgaged premises, 504 SOUTH MARKET STREET, MECHANICSBURG, PA 17055 and by sending a copies of same to defendants at their last known addresses being 504 SOUTH MARKET STREET,MECHANICSBURG,PA 17055 and 34 COURTYARD DRIVE,CARLISLE,PA 17013 by certified mail, return receipt requested and regular mail. • BY THE COURT: J. • • ti a .8 G ,— i eD Q., vi c rn Cr Q ° o ri * * * * * * * * * * * * * * * * -x-* * * * * * * * * * * * * * * * * * * * * * * * * * * CD 0 • co z m oo h a 5 -t -+ p ^0 A •-.. d " 7d 0 0 0 `.3• 0 co cp v C� o `, `, lT1 lTJ "CiQ N CD n 0• O • CD oo m � • w 0 0 00J c•r W N ' OI.° D " O i C n n a 0 CID CD cT Q. CD C7 d° CAn .- � CD < •--r ° 3 CD P CD up 0 .. C7 — aa Ca cn • r-� D CD A� CD C w O o' - - d ��0 CD co co P � CY � O O J n• p 0O 0 00 N c ,, U4 (TQ Co O CIA? 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RI TS T,,"" 'a er ,-.,cr ..6 ,---i'1 ,-,- < 4co LL 2 ci_ - ,,,), ,z1= . •-_-_-_-.-_4. .,,,,_ • ... as .0- .7, -,?, .6,3 ,,-2. A \1^-' '' II 4 Z 5 _ ..-_ 0 c) ,S_Ic' m s---*g'_ t LL. 6 0 ..... a r. m...6 rs-•-- :..7 r 2 '.,rc:1` S 0) LI.• e gc.c,. --.... c',,, ....''2 - 53 - c, l' '' 14 ' ° 1 *-'' '`"il E 0 , ° •'-•,- '.'-: R \ --,,&a ,„...,,, . Et 1 1.,lt'' 1'-_,tz_. C-= 1 L' 1 -'1,9, 't t i; .1,- — -- • (.)• CI a ,=, --- ,91) ,;:-.-,t (3 a- u: ! 9rEOL SOD9 `1000 CIE92 ETD/. 9669 S009 r1000 0E92 ET.02. , t ilt . 1 o i, i. t1 .../0 I 3 I Ei / -/ 2 2 `'.9 ■ a: --- , i (9 ._0 i""CL ,scr.‘"I'D/' , ,.... ... m .. vy' 3. _ MI g 'L■L F 1 , .it MI a 1 — r , ---- LU a i 1111111EP 1_. si ‘—.,L cr C I cts U ?C'' I ...j (......) CC C — 1 1 I .--.4..(,) 4.. 2 z 2 1." 1 i f .,--,.....,, c) ,.. .., ., 1 CD mr• S t ---1 ' 3... lim• - •.‘ c , , CO 0 a F. _ i_ ) , :ir', ‘=. .1.7 ,---- •--! ' --7 .3 -a w .4-4 , ,..._, „ :-. _ „_., — .,_.) : ca si. —,--- t ° 4 ... ,. .._,), r, ,- o r,...,• - ,.?.. t. --.-- •,:--. -- ., i --)., -, - cc - = - 6. .., -—-71 '`-, m * • ....2.--.- "I _ (1) U.! • ai D (.) e. .,6 .-:. _ • ' 2 -,-," 1,52. -,:-. ,r- ■-• 7 -1- a 1, it 0 ) ,- ,, . - - I _- _I ..,,, --, 5009 T000 0E92 ETCH_ 520L 5009 TOOD 0E92 ETOL Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND CO. ,N%l,..i.-, ,�.. �-t_;� t f-,t,w (:Jr THE P OTHCNDTA`r' 20 i4MAY -I AM 10: 53 CUMBERLAND COUNTY PENNSYLVANIA OFFICE w= T SRESIFF Deutsche Bank National Trust Company vs. Alan E Lindbeck (et al.) Case Number 2013-3030 SHERIFF'S RETURN OF SERVICE 01/09/2014 11:34 AM - Deputy Ronald Hoover, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 504 South Market Street, Mechanicsburg - Borough, Mechanicsburg, PA 17055, Cumberland County. 01/09/2014 11:34 AM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Alan E Lindbeck, pursuant to Order of Court by "Posting" the premises located at 504 South Market Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County with a true and correct copy according to law. 01/09/2014 11:34 AM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Tracy J Lindbeck, pursuant to Order of Court by "Posting" the premises located at 504 South Market Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County with a true and correct copy according to law. 03/12/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on March 12, 2014 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Steven Eisenberg, on behalf of, Deutsche Bank National Trust Company, as Trustee for the Registered Holder of Equifirst Mortgage Loan Trust 2005-1 Asset -Backed Certificates, Series 2005-1, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $1,138.31 SO ANSWERS, March 24, 2014 (c) CountvSu:...S?ieriff. rele.osoft. Inc. RONR ANDERSON, SHERIFF Iff-40, aa. - pd. a. eit4 3 On December 20, 2013 the Sheriff levied upon the defendant's interest in the real property situated in i Mechanicsburg Borough, Cumberland County, PA, `1'a < Known and numbered as, 504 South Market Street, ter., N -J Mechanicsburg, as Exhibit "A" filed with this writ .a a and by this Reference incorporated herein. Date: December 20, 2013 By: (bud- &JbL/ Real Estate Coordinator NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 23r 23, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 24, January 31, and February 7, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-3030 Civil Term Deutsche Bank National Trust Company vs. Alan E. Lindbeck Tracy J. Lindbeck Atty.: Steven Eisenberg ALL THAT CERTAIN tract or parcel of land and premises, situ- ate, lying and being in the Borough Of Mechanicsburg in the County of Cumberland and Commonwealth ,of Pennsylvania, more particularly 'described as follows: BEGINNING at a point at the in- tersection of the center line of Marble Street with the center line of South Market Street; thence along the center line of South Market Street, • South 17 degrees 27 minutes 30 seconds east, a distance of one hun- dred nineteen and five hundredths (119.05) feet to a point in the same at comer of other lands now or formerly of the Estate of Charles A. Markley, deceased, south 72 degrees 58 min- ` utes 10 seconds west, a distance of one hundred sixty-nine and twenty hundredths (169.20) feet to a point in the center line of said Weaver Alley (twenty feet wide); thence along the center line of said Weaver Alley, north 17 degrees 20 minutes 10 seconds west, a distance of one hundred five and fifteen hundredths (105.15) feet to a nail in the center of West Marble Street; thence along the center line of said West Marble Street, north 68 degrees 15 minutes east, a dis- tance of one hundred sixty-nine and thirty-three hundredths (169.33) feet to a point in the center of South Market Street, the point and place of beginning SAID premises being improved with a two-story dwelling house known and numbered as 504 South Market Street Mechanicsburg, Pennsylvania and two (2), garage buildings. PROPERTY ADDRESS: 504 South 1 Market Street, Mechanicsburg, PA 17055. 53 PARCEL ID: 16-24-0787-127. BEING the same premises which David J. Roff and Kathy L. Roff, by Deed dated January 6, 2005 and recorded January 20, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 267 Page 1105, granted and conveyed unto Alan E. Lindbeck and Tracy J. Lindbeck. The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 1ie patriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. Civil Te mDf013-3030 utsche Bank Natii nal Trust Company Vs ° Alan E Lindbeck Tracy J Lindbeck Atty: Steven Eisenberg ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the e intersection of the center line of r Marble Street with the center line of South Market Street; thence along the center line of South Market Street, South 17 damrc,—ininutes 30 seconds east, a distance of one hrtndred nineteen and five hundredths This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Swor scribed before me t 1 day of February, ' 14 A.D. COMMONWEALTH OF PENNSYLVANIA Holly Lynn Notarial Seal Holly Warfel, Notary Public I`tYWashington gip' Dauphin Cour MEMBER. PENNSYLVANIA ASSOCIATION Dec 12 2016 OCIA7ION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Equifirst Mortgage Loan Trust 2005-1 is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the llth day of September, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 3030, at the suit of Deutsche Bk Natl Tr Co Trustee for the Registered Holder of Equifirst Mtg Ln Tr 2005-1 Asset -Backed Cert Series 2005-1 by its AIF Ocwen Ln Ser LLC against Alan E & Tracy J Lindbeck is duly recorded as Instrument Number 201408808. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / Sf day of Cl t( , A.D. QOP--f )C(A/U1/0, (t),J—Ltait DCP Recorder of Deed s ` tsiDeeds, CureherleedCeurdy, fM hip Cap Sion Expries the First Monday of Jen, geld