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HomeMy WebLinkAbout13-3397 Supreme Cod ~r .Pennsylvania COU f C " leas For Prothonotary Use Only: Docket No: CU � . L�bi6 f'`. ' County 5 Sq ✓ l i The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S S Complaint 0 Writ of Summons n Petition E Transfer from Another Jurisdiction ll Declaration of Taking c Lead Plaintiffs Name: Lead Defendant's Name: T Household Finance Consumer Discount Company The Unknown Heirs of Robert P. Weaver, deceased Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? ®Yes No O 1 (check one) outside arbitration limits N Is this a Class Action Suit? Q Yes ll No Is this an MDJAppeal? Yes lx No A Name of Plaintiff/Appellant's Attorney: Andrew J. Marley Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional [3 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution [ Debt Collection: Credit Card l] Board of Assessment Motor Vehicle ® Debt Collection: Other 13 Board of Elections [3 Nuisance Dept. of Transportation E] Premises Liability ® Statutory Appeal: Other S Product Liability (does not include E mass tort) 0 Employment Dispute: Slander/Libel/ Defamation Discrimination C 0 Other: l3 Employment Dispute: Other n Zoning Board T 0 Other: I rl Other: O MASS TORT Asbestos N M Tobacco Toxic Tort - DES ® Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste E3 Other: ® Ejectment [3 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment ® Ground Rent ® Mandamus ® Landlord/Tenant Dispute n Non - Domestic Relations M Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIA.BLITY l3 Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental rA Partition 12 Replevin Legal ® Quiet Title ® Other: Medical [ Other: ® Other Professional: Updated 1/1/2011 STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) #_ a`1L � U, 1, O LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) 201 JUN 12 D STERN & EISENBERG, PC f THE PAVILION %4UMBERLAND COUNTY 261 OLD YORK ROAD, SUITE 410 ����� � JENKINTOWN, PENNSYLVANIA 19046 LVANIA TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company 2929 Walden Avenue Depew, NY 14043 - �� Civil Action Number: v. The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased 631 Gates Lane COMPLAINT IN Enola, PA 17025 MORTGAGE FORECLOSURE 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 entregar 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 las 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 PA Complaint 1 -A(CML Owner) 11Dec12Ver3. . QVVr� 162.17S�a # a9 I $ t 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 inmediatamente. 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 flame 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 PA Complaint 1 -A(CML Owner) I lDecl2Ver3.0 NOTICE PURSUANT TO FAIR DEBTOR COLLECTION PRACTICE 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. PA Complaint 1- A(CvIL.Owner) 1113=12Ver3A 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 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY CIVIL ACTION NUMBER: 2929 WALDEN AVENUE DEPEW, NY 14043 COMPLAINT IN Plaintiff, MORTGAGE FORECLOSURE V. THE UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS AND DEVISEES OF ROBERT P. WEAVER, DECEASED 631 GATES LANE ENOLA, PA 17025 Defendant(s). CIVIL ACTION/MORTGAGE FORECLOSURE 1. This is an action to foreclose a mortgage brought on behalf of Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY. 2. The Defendant(s), THE UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS AND DEVISEES OF ROBERT P. WEAVER, DECEASED PA Complaint I -A (CML Owner) 11 DEC I2ver3.0 1 ( "Mortgagor(s) ") are the real owner(s) of the mortgaged property hereinafter described. The last known address of Mortgagor(s) is 631 GATES LANE, ENOLA, PENNSYLVANIA 17025. 3. Attached hereto as Exhibit A is a true and accurate copy of the promissory note and/or loan agreement ( "Note ") bearing the date of MAY 16, 2003, in which ROBERT P. WEAVER promised to pay the sum of $79,000.00 ( "Loan "). 4. Attached hereto as Exhibit B is a copy of the mortgage ( "Mortgage "), dated MAY 16, 2003 and bearing the names of Mortgagors, as the mortgagors, on real estate together with all improvements thereon, located at 631 GATES LANE, ENOLA, PENNSYLVANIA 17025 ( "Real Estate "). A true and accurate copy of said Mortgage is attached as Exhibit B. The Mortgage was duly recorded on MAY 19, 2003, in Book 1812 and Page 1166, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania. 5. An assignment dated JULY 30, 2012 transferring the Mortgage from Mortgage Electronic Registration Systems, Inc., as nominee for EQUIFIRST CORPORATION, to HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY was prepared and duly recorded on JULY 31, 2012, as Instrument Number 201222933, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania ( "Assignment "). A true and correct copy of said Assignment is attached hereto as Exhibit C. 6. The Real Estate subject to the Mortgage is described in the legal description attached hereto as Exhibit D. 7. The Mortgage is in default because the payments due and secured by the Mortgage have not been made. The Loan is currently due for the MAY 2011 payment and all payments thereafter. PA Complaint 1 -A (CML Owner) 11 DEC 12ver3.0 2 8. The business records maintained by Plaintiff demonstrate that the Notice of Intention to Foreclose was mailed, by registered or certified mail, to Mortgagor(s) at Mortgagor(s)' last known address and, if different, to the address of the Real Estate ( "Notice ") on the date set forth in the Notice. A true and accurate copy of the Notice is attached as Exhibit E. A Notice of the Homeowner's Emergency Assistance Program was not mailed to the Mortgagor(s) because ACT 91 HAD BEEN SUSPENDED DURING THIS PERIOD OF TIME. 9. As of MAY 22, 2013, there is due and owing amounts secured by the Mortgage in the sum of $86,372.80, which amount due includes the following: Principal Balance: $70,936.27 Interest through 05/22/2013 at the Current Rate of 7.10000 %: $10,506.55 Advances for Taxes: $3,858.98 Advances for Hazard Insurance: $1,071.00 Advances for Private Mortgage Insurance: $0.00 Total: $86,372.80 Less Suspense Balance or Escrow surplus, if any: $0.00 Less Restricted Escrow Balance, if any: $0.00 Total Amount Due or Owed: $86,372.80 The per diem interest due from MAY 23, 2013 is $13.7986. These itemized amounts may not include all fees currently due and owing under the Note and secured by the Mortgage, including certain late fees, inspection charges, property preservation expenses, and attorney's fees, since Plaintiff has decided to forgo collecting those fees, but that decision does not indicate that such PA Complaint 1 -A (CML Owner) I I DM 2ver3.0 3 fees were not properly due and owing at the time of any prior communications to the borrower(s) on the Note. WHEREFORE, Plaintiff demands in rem judgment against the Defendant in the sum of $86,372.80, together with the current interest at the rate of 7.10000% and other costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged property. By &tBR V EISENBERGOESWO STEVEN K. EISENBER IRE KEVIN P. DISKIN, E, ,L1IRE JACQUELINE F. MP�TALLY, ESQUIRE LESLIE J. RASE, ESQUIRE LEN M. GARZA, ESQUIRE CHRISTINA C. VIOLA, ESQUIRE Attorneys For Plaintiff A Yt&P(N VERIFICATION I am a VP and Asst Sec of the Administrative Services Division of the Plaintiff and do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff and the facts set forth in paragraphs 1 through 9 of the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties relating to unsworn falsification t authorities. By: t t. 1%C� Sign ture n Printed Name of Signatory On behalf of HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY VP and Asst. Sec, Its: Admin Serv. Div Signatory's Title PA Complaint l -A (CML Owner) 1 I DEC I2ver3.0 4 I � � c NOTE MIN 100200100031146412 May 16, 2003 Enola PA (Date) (City) (State) 631 Gates Lane, Enola, PA 17025 (Property Address) I 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 79,000.00 (this amount is called "principal "), plus interest, to the order of the Lender. The Lender is EquiFirst Corporation I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this note is called the "Note Holder." 2. INTEREST Interest will be charged on'unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7.100 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 21st day of each month beginning on June 21, 2003. 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of it's scheduled due date and will be applied to interest before principal. If on, May 21, 2033 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at EquiFirst Corporation , 500 Forest Point Circle, Charlotte, NC 28273 I or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 530.91 . 4. BORROWER'S RIGHT TO PREPAY (A) Prepayment I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment ". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. If 1 make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. (B) Prepayment Penalty If I prepay this loan in full within 3 year(s) from the date of this loan, I agree to pay a prepayment penalty in an amount equal to 6.00% of the balance of the loan outstanding on the date of prepayment. This amount, known as a prepayment penalty, will be in addition to any other amounts I may owe under the provisions of the Note or the Security Instrument that secures the Note. If 1 make a prepayment in full on or after the 3rd anniversary date of the Note, the Note Holder will impose no prepayment penalty. E IBIT Mulitstate Fixed Rate Note - Single Family (EFSN) 2/00 (Pennsylvania Version) Loan Numb. Page 1 of 3 Initia ��� 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the Tight to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. EF5N Loan Numb Page 2 of 3 Initial i I 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible tosses which might result if I do not keep the promises which I make in this Note. That Security instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred ), without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section l5 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED (Seal) (Seal) Robert P Weaver - Borrower _Borrower (Seal) (Seal) -Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) -Borrower .Borrower EF5N Loan Numis"GENN". Page 3 of 3 Initials A? 141 Note Endorsements Borrower(s): Robert P Weaver Property Address: 631 Gates Lane, Enola, PA 17025 i Without Recourse, Pay to the Order of i i Equ' i t Corp ration By: (Y 0 CA Andrea Okey Assistant Vice President Page 1 of 1 EFSnendr (12/02) (Page 1 of 23) 1 � P LI �UI EP �-- 00PDER Or DEEDS :' 3Et�L/if:D COW `�'3 (9,9tt 19 Aft � Os Prepared By: Return To: EquiFirst Corporation Attn: Collateral M Erin Martin 500 Forest Point Circle 500 Forest Point Circle, Charlotte, NC 28273 Charlotte, NC 28273 Parcel Number: 09- 12- 2993 -026 [Space Above This Line For Recording D2tal MORTGAGE MIN 100200100031146412 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 datedMay 16, 2003 , together with all Riders to this document. (B) "Borrower" is Robert P. Weaver Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems. Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and tender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501 -2026, let. (888) 679 -MERS. 311464 PENNSYLVANIA - Single Family - Fannie Mae /Freddie Mae UNIFORM INSTRUMENT WITH MERS Form 3039 1101 b - SA(PA) 102021 J r/j� Pape t of 16 INtkoly ` `' V VMP MORTGAGE FORMS - (600)521.7291 EXHIBIT BK 1812PG 1 166 (Page 2 of 23) • I (D) "Lender" is EquiFirst Corporation Lender is a Corporation organized and existing under the laws of North Carolina Lender's address is 500 Forest Point Circle, Charlotte, NC 26273 (E) "Note" means the promissory note signed by Borrower and datedMay 16, 2003 The Note states that Borrower owes Lender seventy —nine thousand and 00 /100 Dollars (U.S. $ 79, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 21, 2033 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (1) "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]: FJ Adjustable Rate Rider ® Condominium Rider El Second Home Rider Q Balloon Rider 0 Planned Unit Development Rider 0 1-4 Family Rider (� VA Rider [] Biweekly Payment Rider ® Otber(s) [specify] Arbitration Rider Pre-Payment Penalty Rider (n "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. (.n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and /or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. n Initials: ` 1'4 -SAWAI [02 Pepe 2 of 16 Form 3039 1/01 m BK1812PG1167 (Page 3 of 23) J (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and /or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in theCounty [Type of Recording Jurisdiction] of Cumberland [Name of Recording Jurisdiction]: See Attached Exhibit A which currently has the address of 631 Gates Lane (street] Encla [City], Pennsylvania 17025 [Zip Code] ( "Property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. Initiala:g [Al ( - 6A IPA 1 (0202) Papa 3 of 16 Forrn 3039 1101 BK1812PG1168 (Page 4 of 23) . r , BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security lnstrun=t be [Wade in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to .foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment ,yn :, IrriIiB16: / ` -6A(PA) (02021 Pepe 4 of (s Form 3039 1/01 8K1812PG1169 ;Page 5 of 23) ti can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. if Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest IrttiKa� W - 6A(PA) 102027 Page 5 of is Form 3039 1101 8K1812P81170 ;Page 6 of 23) t shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA; Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and /or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tern "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. Inkids�� - 6AIPA) t0202I Page a of Is Form 3039 1101 8K1812PG1 171 (Page 7 of 23) If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the .cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. Im60Ls:� ®- 6A(PA) 102023 Pape 7 of 16 Form 3039 1/01 BK1812PG1172 (Page 8 of 23) .._ . 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and /or rights under this Security Instrument (such as a proceeding in bankruptcy, probate; for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and /or assessing the value of the Property, and securing and /or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Initials -6A(PA) iom2i Pop e of ie Form 3039 1/01 BK1812PG1173 (Page 9 of 23) i t Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. if Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements witb other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often tem)ed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. -6A(PA) f02021 Page 9 of 16 Form 3039 1/01 BK 1812 6G 1 17 4 (Page 10 of 23) (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture, All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any. paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 40-$AWA) (02021 Page 10 Of +a Form 3039 1101 BK 1 81 2 FG 1 175 (Page 11 of 23) dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not. limited to, attorneys' -fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrowers acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 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 Instrument shall be deemed to InitWs:W - 6A(PA) Iozoa Pops 11 of is Form 3039 1f01 BK 181 2 FU 1 176 Page 12 of 23) 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 might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest. in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower trust pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of We contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or -GA(PA) (02021 Peas 12 of 1s Form 3039 1101 8K 18 12 °G 1 17 7 (Page 13 of 23) i agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require .that Borrower pay such reinstatement sums and expenses in "one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. I"itialt -WPM o2ozi Pape 13 of 18 Form 3039 1101 SK l 812 PG 1 17 8 (Page 14 of 23) Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shalt 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; (e) when the default must be cured; and (d) that failure to cure the default as specked may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 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 sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. lrutmlt..� ► Y.r (M -6A(PA) (02021 Pape 14 of 18 Form 3039 1101 8K l 81 2PG 1 1 79 (Page 15 of 23) BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) Robert P Weaver - Borrower ($eal) - Borrower (Seal) (SM) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seat) (Seal) - Borrower - Borrower M- 6AIPA1 102023 Pape 15 01 16 Form 3039 1/01 BK 181 2 PG 1 18 0 (Page 16 of 23) Certificate of Residence 1, , do hereby certify that the correct address of the within -named Lender is 500 Forest Point Circle, Charlotte, NC 28273 Witness my hand this 16th day of May, 2003 01 �1,�J Agent of Gender COMMONWEALTH OF PENNSYLVANIA, 0 u_m be lan County ss: On this, the I (; day of aW;�) , before me, the undersigned officer, personally appeared Robert P we er known to me (or satisfactorily proven) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged that he /she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARIAL SEAL VICKIE R. WELKER, Notary publfc ain p H iii ss ooh ., Cumberland Coun MY o ttyy _ Expmes Ahlarch A 7D(}7 Title of Officer ' - C.4ratr '1l "fl'7 •� :• IriHals: 6A(PA) t02021 s t ', Papa t o of 16 Forth 3039 1/01 ..t $4812 °G1181 :Page 17 of 23) , , r t s First American Title Insurance Company Commitment Number: 03276 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as "Gatesway Condominium" located in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cosn. State. An. 3101 et seq. (Purdon Sup. 1985), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated October 2, 1986, and recorder! on December 12, 1986, in Miscellaneous Book 327, Page 90, and at] of said Declaration amendments previously recorded. AND BEING DESIGNATED as Unit No. 16 with a proportionate undivided 2.6316% interest In the Common Elements of such Condominium as set forth in such Declaration as so amended and as further amended by any further amednments thereto hereafter recorded in the aforesaid office. UNDER AND SUBJECT, nevertheless, to all covenants, restrictions, rights of way, easements, and agreements Of record, if any, as they may appear. BEING the same premises which Ronald G_ Gates and Donna L. Gates, his wife, by Deed dated September 24, 1999 and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 208, page 649, granted and conveyed unto Wendy L. Deibler. t i I Certify this to be recorded In Cumberland County PA Recorder of Deeds ALTA Commitment (03276/03276/18) Schedule C OKI812PGI 182 Page 18 of 23) ARBITRATION RIDER (To Be Recorded Together with Security Instrument) THIS RIDER is made this 16th day of May 2003 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower ") to secure Borrower's Note (the "Note ") to EquiFirst Corporation (the "Lender ") of the same date and covering the property described in the Security Instrument and located at 631 Gates Lane, Enola, PA 17025 (Property Address) As used in this Rider, the term "Lender" includes Lender's successors and assigns and the company servicing the Note on Lender's behalf. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: ARBITRATION OF DISPUTES. Any claim, dispute or controversy (whether in contract, tort, or otherwise) arising from or related to the loan evidenced by the Note, including but not limited to all statutory claims, any claim, dispute or controversy that may arise out of or is based on the relationships which result from the Borrower's application to the lender for the loan, the closing of the loan, or the servicing of the loan, or any dispute or controversy over the applicability or enforceability of this arbitration agreement or the entire agreement between Borrower and Lender (collectively "claim "), shall be resolved, upon the election of either Borrower or Lender, by binding arbitration, and not by court action, except as provided under "Exclusions from Arbitration" below. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. Sections 1 -16) and the Code of Procedure of the National Arbitration Forum in effect at the time a claim is filed. Copies of the arbitration rules and forms can be obtained and any claims can be filed at any National Arbitration Forum office, at P.Q. Box 50191, Minneapolis, MN 55404, on the World Wide Web at www.arb- forum.com or by calling (800) 474 -2371. This agreement to arbitrate shall apply no matter by whom or against whom a claim is made. Any election to arbitrate may be made at any time, regardless of whether a lawsuit has been filed or not, and such party making the election may bring a motion in any court having jurisdiction to compel arbitration of any claim and/or to stay the litigation of any claim pending arbitration. Any participatory arbitration hearing will take place in the federal judicial district of the Borrower's residence, unless a different location is agreed to by Borrower and Lender. At Borrower's request, Lender will advance the first $150 of the filing and hearing fees for any claim which the Borrower may file against the Lender. The arbitrator will decide which party will ultimately be responsible for paying these fees. All claims between the Borrower and Lender shall be arbitrated individually, and shall not be subject to being joined or combined in any proceeding with any claims of any persons, or class of persons other than Borrower or Lender. The arbitrator shall apply relevant law and provide written, reasoned findings of fact and conclusions of law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. EXCLUSIONS FROM ARBITRATION. This arbitration agreement shall not apply to rights or obligations under the loan documents that allow the Lender to foreclose or otherwise take possession of property securing the loan, including repossession, foreclose or unlawful detainer. Nor shall it be construed to prevent any party's use of bankruptcy or judicial foreclosure. No provision of this agreement shall limit the right of the Borrower to exercise Borrower's rights under the Uniform Covenant labeled "Borrower's Right to reinstate ". Subject to these limitations, this arbitration agreement will survive the pay -off of the loan. SEVERABILITY. If the arbitrator or any court determines that one or more terms of this arbitration agreement or the arbitration Code are unenforceable, such determination shall not impair or affect the enforceability of the other terms of this arbitration agreement or the arbitration Code. eF"a! o' 1 Page 1 of 2 `` t Y BK 181 2 PG 1 183 (Page 19 of 23) NOTICE: WHEN YOU SIGN THIS ARBITRATION RIDER, YOU ARE AGREEING THAT EVERY DISPUTE DESCRIBED ABOVE MAY BE DECIDED EXCLUSIVELY BY ARBITRATION. YOU ARE GIVING UP RIGHTS YOU MIGHT HAVE TO LITIGATE THOSE CLAIMS AND DISPUTES IN A COURT OR JURY TRIAL OR TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN CONNECTION WITH A CLAIM OR DISPUTE. DISCOVERY IN ARBITRATION PROCEEDINGS IS LIMITED IN THE MANNER PROVIDED BY THIS AGREEMENT AND THE RULES OF ARBITRATION. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS ENTIRE ARBITRATION AGREEMENT CAREFULLY BEFORE SIGNING THIS ARBITRATION RIDER. BY SIGNING BELOW, Borrower accepts and agrees to the provisions contained in this Rider. Robert P Wcaver EFp ) Page 2 of 2 DK 181 2 PG 1 18 4 (Page 20 of 23) Prepayment Penalty Rider to Security Instrument (To Be Recorded Together with Security Instrument) This PREPAYMENT PENALTY RIDER (the 'Rider ") is made this 16th day of May, 2003 and amends the Mortgage, Deed of Trust or Security Deed (the "Security Instrument ") dated the same date and given by the person(s) who sign below (the "Borrower(s) "j to EquiFirst Corporation (the "Lender ") to secure repayment of a Note in the amount of U.S. $ 79,000.00 In addition to the agreements and provisions made in the Note and the Security lnstrument, both the Borrowers) and the Lender further agree as follows PREPAYMENT PENALTY Jf I prepay this loan in full within 3 year(s) from the date of this loan, I agree to pay a prepayment penalty in an amount equal to 6.00% of the balance of the loan outstanding on the date of prepayment. This amount, known as a prepayment penalty, will be in addition to any other amounts I may owe under the provisions of the Note or the Security Instrument that secures the Note. If I make a prepayment in full on or after the 3rd anniversary date of the Note, the Note Holder will impose no prepayment penalty. Robert P Weaver EF032 (05102) BK1812PG1185 (Page 21 of 23) t CONDOMINIUM RIDER THIS CONDOMINIUM RIDER is made this 16th day of May, 2003 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument ") of the same date given by the undersigned (the "Borrower ") to secure Borrower's Note to Equiri.rst Corporation (the "Lender ") of the same date and covering the Property described in the Security Instrument and located at: 631 Gates Lane, Enola, PA 17025 [Property Address] The Property includes a unit in, together with an undivided interest in the common elements of, a condominium project known as: GatesWay [Name of Condominium Project] (the "Condominium Project "). If the owners association or other entity which acts for the Condominium Project (the "Owners Association ") holds title to property for the benefit or use of its members or shareholders, the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interest. CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. Condominium Obligations. Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Project; (ii) by -laws; (iii) code of regulations; and (iv) other equivalent documents. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted- insurance carrier, a "master" or "blanket " policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, from which Lender requires insurance, 311464 MULTISTATE CONDOMINIUM RIDER - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT (=-6R (0008) Form 3140 1/01 Page t of 3 Initials: , VMP MORTGAGE FORMS - (8001521.7291 'v BX1812PG1186 ;Page 22 of 23) then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the unit or to common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount. and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self - management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay condominium dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. Initials: I -8R (0008) Page 2 of 3 Form 3140 1/01 8KI812PGI187 ;Page 23 of 23) , v BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Condominium Rider. (Seal) (Seal) Robert P Weaver - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Sew) - Borrower - Borrower (0-SR (0008) Page 3 of 3 Form 3140 1101 61(1�12PG11S8 ei 002PLB When Recorded Return To: ASSIGNMENTS HSBC MORTGAGE SERVICES P.O. BOX 1422 BRANDON, FL 33509 Parcel No. 09-12- 2993 -026 -Ul6 CORPORATE ASSIGNMEN1 QF MORTGAGE Cumberland, Pennsylvania SELLER'S SERVICING #:7363518 'WEAVER" MERS #: 100200100031146412 SIS #: 1- 888 - 679 -6377 Date of Assignment: July 30th, 2012 Assignor: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUIFIRST CORPORATION "ITS SUCCESSORS AND ASSIGNS' Assignee: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY I hereby certify the precise address of the within named Assignor is 1595 SPRING HILL ROAD, STE 310, VIENNA, VA 22182. hereby certify the precise address of the within named Assignee is 636 GRAND REGENCY BLVD, BRANDON, FL 33510. Executed By: ROBERT P. WEAVER To: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR EQUIFIRST CORPORATION 'ITS SUCCESSORS AND ASSIGNS" Date of Mortgage: 05/16/2003 Recorded: 05/19/2003 in Book/Reel/Liber: 1812 Page /Folio: 1166 as Instrument/Document: N/A In the County of Cumberland, State of Pennsylvania_ 631 GATES LANE, ENOLA, PA 17025 in the Township of EAST PENNSBORO I do certify that the precise address of HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY is 636 GRAND RE E CY B D, RANDON, FL 33510 Attested By: (rm # g&l 631 GATES LANE, ENOW PA 17025 in the Township of EAST PENNSBORO KNOW ALL MEN BY THESE PRESENTS, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the said Assignor hereby assigns unto the above -named Assignee, the said Mortgage having an original principal sum of $79,000.00 with interest, secured thereby, with all moneys now owing or that may hereafter become due or owing in respect thereof, and the full benefit of all the powers and of all the covenants and provisos therein contained, and the said assignor hereby grants and conveys unto the said assignee, the assignor's beneficial interest under the Security Instrument. TO HAVE AND TO HOLD the said Security Instrument, and the said property unto the said assignee forever, subject to the terms contained in said Security Instrument. 'EGP'EG1HSBI "07 /30/2012 09:11:46 AM' HSBIO2HSBIA000000000000000879452' PACUMBE' 7363518 PASTATE_MORT_ASSIGN_ASSN "'NXCHSBI" E IBIT CORPORATE ASSIGNMENT OF MORTGAGE Page 2 of 2 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUIFIRST CORPORATION "ITS SUCCESSORS AND ASSIGNS" On July 30th, 2012 By: MICHELLE LYT E, Assistant Secretary STATE OF Florida COUNTY OF Hillsborough On July 30th, 2012, before me, BENNY L CAMPBELL, a Notary Public in and for Hillsborough in the State of Florida, personally appeared MICHELLE LYTLE, Assistant Secretary of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUIFIRST CORPORATION "ITS SUCCESSORS AND ASSIGNS ", personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their authorized capacity, and that by his/her /their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, �.��•.� L .. R .9 f C `�— •� = Co : A4y Comm. Expose BENNY L CAMPBELL Play 30, 2015 No. EE09821 Notary Expires: 05/30/2015 #EE098214 LD : Q: �G�O (This area for notarial seal) *EGP *EG1 HSBI *07 /30/2012 09:11:46 AM* HSBIO2HSBIA000000000000000879452* PACUMBE* 7363518 PASTATE_MORT_ASSIGN_ASSN *'NXCHSBI' � v ROBERT P. ZIEGLER RECORDER OF DEEDS _ CUMBERLAND COUNTY 1 COURTHOUSE SQUARE 4 CARLISLE, PA 17013 717- 240 -6370 Instrument Number - 201222933 Recorded On 7/31/2012 At 12:58:51 PM * Total Pages - 3 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 113949 User ID - MBL * Mortgagor - WEAVER, ROBERT P * Mortgagee - HOUSEHOLD FINANCE CONS DISC CO * Customer - HSBC CONSUMER & MORTGAGE LENDING * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $11.50 RECORDER OF DEEDS This a e is now art PARCEL CERTIFICATION $10.00 P g P FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA o� o ye o RECORDER EDS taco * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002PLB II I I II I II i I II III lil II illl III ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as "Gateway Condominium" located in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. State.An 3101 et seq. (Purdon Sup. 1985), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated October 2, 1986, and recorded on December 12, 1986, in Miscellaneous Book 327, Page 90, and all of said Declaration amendments previously recorded. AND BEING DESIGNATED as Unit No. 16 with a proportionate undivided 2.6316% interest in the Common Elements of such Condominium as set forth in such Declaration as so amended and as further amended by any further amendments thereto hereafter recorded in the aforesaid office. UNDER AND SUBJECT, nevertheless, to all covenants, restriction, rights of way, easements and agreements of record, if any, as they may appear. BEING the same premises which Robert P. Weaver, an individual, by Deed dated June 11, 2003, and recorded March 9, 2004, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 262, Page 44, as Instrument No. 2004 - 008438, granted and conveyed unto Robert P. Weaver and Tina Marie Askins, Joint Tenants with The Right of Survivorship, in fee. EXHIBIT b a a s STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTowN, PA 19046 (215) 572 -8111 Date: September 6, 2012 Unknown heirs of Robert P. Weaver, Deceased 631 Gates Lane Enola, PA 17025 -1610 Property (if different than mailing address — notice also sent to property): 631 Gates Lane Enola, PA 17025 NOTICE OF INTENTION TO FORECLOSE MORTGAGE (ACT 6 NOTICE) The MORTGAGE held by Household Finance Consumer Discount Company (hereinafter we, us or ours) on your property located at 631 Gates Lane, Enola, PA., IS IN SERIOUS DEFAULT BECAUSE YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from May 21, 2011 through and including September 5, 2012 as follows: Payments of $791.11 due on 05/21/2011 through and including 06/21/2011, inthe amount of ................ ............................... ......................$ Payments of $791.06 due on 07/21/2011 through and including 07/21/2011 inthe amount of .............. ............................... ........................$ Payments of $530.91 due on 08/21/2011 through and including 08/21/2011 inthe amount of ............ ............................... ........................$ Payments of $682.60 due on 09/21/2011 through and including 03/21/2012 inthe amount of ................ ............................... ......................$ EHI Payments of $739.35 due on 04/21/2012 through and including 06/21/2012 inthe amount of ................ ............................... ......................$2,218. Payments of $844.21 due on 07/21/0122 through and including 08/21/2012 inthe amount of ................ ............................... ......................$1,688. Other charges (explain/itemize): Latecharges: ................. ............................... ........................$398.10 Other charges (explain) $1,957.44 uncollected fees and charges TOTAL AMOUNT PAST DUE: .................................................... $13,944.40 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $13,944.40. You may cure this default within THIRTY (3 0) DAYS of the date of this letter, by paying to us the above amount. of $13,944.40, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: Household Finance Consumer Discount Co. 2929 Walden Avenue Depew, NY 14043 Make sure your account number - s on your payment If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and, if applicable, perform any other requirements under the mortgage also in default. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately four to six months from the initiation of a foreclosure action; however, the time to foreclose in each county is different. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default, including fees and costs, will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (866) 824 -0824. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You may also call us at the above number to see if there are other arrangements that may be available. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in the mortgaged property. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. 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 HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, STERN & EISENBERG, PC BY: Ic . St rn & Eisen erg, PC Pursuant to notice published by the PBFA at 41 Pa.B. 2789 in accordance with 35 P.S. 1680.409c of the Act (35 P.S. 1680.101, et. seq., also known as Act 91), effective August 27, 2011 until August 1, 2012, mortgagees may take legal action to enforce a mortgage without any further restriction or requirement of Act 91. Regardless of whether or not your mortgage loan is subject to the notice requirements under 41 P.S. §403 (Act 6), this notice is also given to you pursuant to the terms of your mortgage obligation. The dollar amount of mortgages covered by Act 6 may be found in the Pennsylvania Bulletin. 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. Name and STERN & EISENBERG,PC Address 261 Old York Road -The Pavilion -Ste 410 of Sender Jenkintown, PA 19046 Line Article Name of Addressee, Street, and Post Office Address Postage Fee Number . 1 * * ** Pennsylvania Housing Finance Agency PO Box 8029 Harrisburg, PA 17105 -8029 2 * * ** Unknown heirs of Robert P. Weaver, Decd 631 Gates Lane Enola PA 17025 -1610 3 # # ## J 7012 0470 0001 3709 3776 `'�M 4 # # ## n; o mis a om 5 m! of ° 'a ma m N a o C S O �� A • 6 # # ## •Z� T _cZ c7ff f1 O ( - r 0 fo .ti • • �'.�• ..r1F'1` �m m m . CON II�� 7 # # ## - 9 :7 60 1% ONE ~ O s z �A A rn rn D # # ## m 9 :o,s (n a m C v J: o I v 4 ` N W o _ c ! Q) N ` l 9 12 a�i 13` 14 15 WEAVER, ROBERT Total Number of Total Number of Pieces Postmaster, Per (Name of Receiving Pieces Listed by Sender Received at Post Office Employee) $ 2.30 FORM 1 Wit CD Household Finance Consumer Discount "� —I _T IN THE COURT OF COMMON PLEAS OF >�� ­0 ��; Company CUMBERLAND COUNTY, PENNSYLVANIA 3'*Q Plaintiff(s) ` r; VS. Unknown Heirs of Robert P. Weaver, Deceased Defendants) 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 submitt d 6/6/13 Date �gature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: APPLICATI CUSTOMERIPRiMARY 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? C O BORRO 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 /Tuft. 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: AUTW /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 Household Finance Consumer IN THE COURT OF COMMON PLEAS OF Discount Company : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. The Unknown Heirs of Robert P. Weaver, deceased Defendants) 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 Oefendant Date Signature of Defendant Date FORM 4 Household Finance Consumer DISCOUnt Company � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. The Unknown Heirs of Robert P. Weaver, deceased 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 RAnderson €;Lir-D-,0FFIt L" Sheriff 4ti5kti' qt Jody S Smith d.PlidGn'f�* r" HE PR O 7 HOM O 4P R t Chief Deputy ' msµ,°� 2013 JUN 26 PM 2-* 13 Richard W Stewart Solicitor 0,Fx,;CEOFTPE VIEW= CUMBLBLAND COUNTY PENNSYLVANIA Household Finance Consumer Discount Company vs. Case Number The Unknown Heirs, Executors,Administrators and Devisees of the Estat 2013-3397 SHERIFF'S RETURN OF SERVICE 06/13/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:The Unknown Heirs, Executors,Administrators and Devisees of the Estate of Robert P. Weaver, deceased, 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 Found"at 631 Gates Lane, East Pennsboro Township, Enola, PA 17025. Residence is vacant. SHERIFF COST: $49.95 SO ANSWERS, June 14, 2013 RON � R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc, STEVEN K.EISENBERG,ESQUIRE(75736) h M. TROY FREEDMAN,ESQUIRE(85165) ,' °a �, � i F ANDREw J.MARLEY,ESQUIRE(312314) I f t{ CHRISTINA C.VIOLA,ESQUIRE(308909) -�'` E j,- 3 AND STERN&EISENBERG,PC � j; � (/r �, 1581 MAIN STREET,SUITE 200 II 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 Household Finance Consumer Discount Company V. The Unknown Heirs, Executors, Administrators Civil Action Number: 13-3397 Civil and Devisees of the Estate of Robert P. Weaver, Deceased Defendant(s) MOTION FOR SPECIAL ORDER DIRECTING SERVICE BY POSTING AND CERTIFIED MAIL PURSUANT TO PA. R.C.P. 430(a) TO DEFENDANTS 1. Plaintiff is Household Finance Consumer Discount Company, who, by assignment, is the owner of a loan to Robert P. Weaver (Deceased) secured by a mortgage on their real estate at 631 Gates Lane, Enola, PA 17025. Robert P. Weaver departed this life on 12/07/2011, and as a result of default on said mortgage, Plaintiff filed a Civil Action on June 12, 2013. 2. The whereabouts of defendants whose last known address according to Plaintiffs records are 631 Gates Lane, Enola, PA 17025 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 631 Gates Lane, Enola, PA 17025 and by certified mail, return receipt requested to the Defendants at their last known addresses being 631 Gates Lane, Enola, PA 17025. 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 and by sending a copy of same to the Defendants, at their last known addresses being same 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. STE I N R ; PC BY: CHRIS Attorney 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 Household Finance Consumer Discount Company V. The Unknown Heirs, Executors, Administrators Civil Action Number: 13-3397 Civil and Devisees of the Estate of Robert P. Weaver, Deceased Defendant(s) AFFIDAVIT OF INVESTIGATION I, CHRISTINA C. VIOLA, being duly sworn according to law, depose and say that I am counsel for Plaintiff, Household Finance Consumer Discount Company in the foregoing action and that the following efforts were made by my office to serve the defendants with Plaintiffs Civil Action and to determine the present whereabouts of said defendants: 1. Robert P. Weaver, the borrower on the loan in default, departed this life on 12/07/2011, as evidenced by information obtained from the Social Security Death Index, which is attached hereto and made a part hereof as Exhibit 2. Plaintiff, through its Title Searcher, attempted to locate an Estate for the Decedent by searching the County Records. It was found that there has been no Estate raised for Robert P. Weaver, and no heirs have been named. See the County Record search attached hereto as Exhibit":C" 3. Service of Plaintiffs Civil Action was attempted by the sheriff of Cumberland County on the Unknown Heirs, Executors, Administrators and Devisees of the Estate of Robert P. Weaver, Deceased at the mortgaged moperty address being 631 Gates Lane, Enola, PA 17025. EXH BIT s Per the Sheriff's return attached hereto and made a part hereof as Exhibit "!D', no service could be made as the residence is vacant. 4. Plaintiff searched the Internet Records Website, "Accurint," and according to the records it maintains, the last known address of Robert P. Weaver at the time of his death was 631 Gates Lane, Enola, PA 17025. See the search results attached hereto and made a part hereof as Exhibit"e". This information is true and correct to the best of my knowledge, information and belief. ((�� ST E BJ PC BY : tC A . V OLA, Attorney for Plaintiff Sworn to and subscribed before me this of \ 52013. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTA.P;k.SEAL DIANE J. TUR'AN;'L Notary Public Jenkinto�n Boro.,t�cnt'j County My Commission Expires October 31;2014 Robert P. Weaver: Death Recr--d from the Social Security Death Index/-"-_SDI) - Genealog... Page 1 of 1 Robert P. Weaver: Social Security Death Index (SSDI) Death Record Name: Robert P. Weaver State of Issue: Pennsylvania Date of Birth: Wednesday September 17, 1958 Date of Death:- Wednesday..December 07-,,2011 Est. Age at Death: 53 years, 2 months, 20 days Confirmation: Verified .----------------------------- _ ....... ........... The Social Security Death Index (SSDI) is made available by the Social Security Administration (SSA) to the public through a number of websites, including GenealogyBank.com. As a result, we do not control the information that is provided us in the SSDI. In order to have information corrected or removed, please contact your local Social Security Administration office. Documented proof of an error may be required. Contact information for your local office can be found at htta://www.ssa.gov. .............._......_......................._........_............._ .... __.._._.._.._.. .._..._.................._......—............_..._..._...._.__........_....................._........._....__.__._.._....... ...._....._...._.. EXHIBIT http://www.genealogybank.com/gbnk/ssdi/doc/ssdi/vl:13BD81 FC 1 D7OC228 04-05-'13 09:13 FROM-ABLE ABSTRACTS T-525 P0005/0017 F-738 Claim Inquiry Map No Q9-12-29930.26 173.6 Dst/Ctl 9 6465 EAST PENNSBORO TOW Sch Dst 21250 EAST PSNNSBORO ARE sit us: 631 GATES LANE Name WEAVER, ROBERT P GATESWAY CONDOMINIUM & TINA MARIE ASXINS UNIT 16 PB 64 PG S6 631 GATES DANE Residential (Under 10 Acre9). ENOLA PA 17025 -WEAVER, MICHAEL,, MIN Va7.ue 11.5, 700 Stat/Yr C 1/2005 (.71j11A:18K1NS-DC ROHT-DCD C1&Gr Bk/Pq 00262 00044 Land Use R Acres . 000 Misc Repts 0.0 opt Year Cur Ba1.SACO Next Na :Cu t Sal Due N3ct MO Escrova Dist D00 Sal Due 1, 640 .60 10 .80 1, 653..40 < 2008 .00 . 00 . .00 < > 2009 .00 .00 . 00 < _ > 2010 . 00 .00 .00 F3=ExiL F4=Find F7=Prt 3u=ft&ry 11J i EXHIBIT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff wQMN �rlb Jody S Smith Chief Deputy n ,s Richard W Stewart x Solicitor OFFICE OFTkEM.=,- Household Finance Consumer Discount Company • Case Number vs. The Unknown Heirs, Executors,Administrators and Devisees of the Estat 2013-3397 SHERIFF'S RETURN OF SERVICE 06/13/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:The Unknown Heirs, Executors,Administrators and Devisees of the Estate of Robeit:P,Weaver deceased, 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 Found"at 631 Gates Lane, East Pennsboro Township, Enola, PA 17025. Residence is vacant. SHERIFF COST: $49.95 SO ANSWERS, June 14, 2013 RONKY R ANDERSON, SHERIFF EXHIBIT s (q CounlySuite Shehtl,Toleosoit.;Inc. Page 1 of 1 ROBERT P WEAVER Gender- Male 631 GATES LN ENOLA, PA 17025-1610 SSN - 175-48-xxxx Age at Death - 53 beceased'Dab§ 12/07/2011' DOB- 09/xx/1958 Dates-Apr 02 - Feb 13 i i , FXHIBIT https:Hsecure.accurint.com/appibps/main �3�n V 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 Household Finance Consumer Discount Company V. The Unknown Heirs, Executors, Administrators Civil Action Number: 13-3397 Civil and Devisees of the Estate of Robert P. Weaver, Deceased Defendant(s) CERTIFICATE OF SERVICE I, CHRISTINA C. VIOLA, attorney for the within Plaintiff, hereby certify that a true and correct copy of Plaintiffs Moti n f,r Alternative Service was mailed to the following by first class,postage prepaid mail on The Unknown Heirs of Robert P. Weaver, Deceased 631 Gates Lane Enola, PA 17025 ST RN S G, PC B t� Attorney for Plaintiff DATE: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW Household Finance Consumer Discount Company V. The Unknown Heirs, Executors, Administrators Civil Action Number: 13-3397 Civil and Devisees of the Estate of Robert P. Weaver, Deceased Defendant(s) ORDER AND NOW, this day of Q!e�' 2013, upon consideration of I If 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 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, 631 GATES LANE, ENOLA, PA 17025 and by sending a copies of same to defendants at their last known addresses being 631 GATES LANE, ENOLA, PA 17025 by certified mail, return receipt requested and regular mail. BY THE COURT: J. €1E NRO T HONOTj'�--r. CUMBERLAND COUgl-y PENNSYLVANIA STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 THE SHOPS AT VALLEY SQUARE 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 Household Finance Consumer Discount Company Civil No. 13-3397 Civil V PRAECIPE TO REINSTATE The Unknown Heirs, Executors, Administrators COMPLAINT and Devisees of the Estate of Robert P. Weaver, Deceased Defendants PRAECIPE TO REINSTATE CIVIL ACTION Kindly reinstate the civil action in the above captioned matter. STE N E E MR BY: CHR NA A Attorney for Plaintiff j� 7gclag �A aq �sg3 �����U��»� o���U��� o�� CUMBERLAND ��d����� SHERIFF'S" �° ��" " ""�~� ~�» `���"°"��~�"~���"~�� COUNTY " RonnyR Anderson Sheriff *� ~w Jody SSmith Chief Deputy Q/" "US, 7 PM 33: 09 Richard VVSt�x rt ~*����� Stewart CU�����| ��D �AU�T� Solicitor e�msop`,mo^s*pp --' '� ^ ` ~ ~~^, . . PE H H S\'yVA?,1!A Household Finance Consumer Discount Company Case Number vs. | 2O13'33Q7 ThaUnknownHoim. Exenutoro.AdminiobotnroondDevinaeooftheEob� | SHERIFF'S RETURN OF SERVICE 08/05/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The Unknown Heirs, Executors, Administrators and Devisees of the Eetat. 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 ao"Not Found"ntG31 Gates Lane, East Pennubonu Township, Eno|a. PA17O25. Residence is vacant. SHERIFF COST: $49.05 SO ANSWERS, August 05. 2013 MONNYM ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTINA C. VIOLA, ESQ. STERN AND EISENBERG, PC 1581Main Street Suite 200 c. Warrington, PA 18976 .r.-I C= CD Household Finance Consumer Discount Company-- r`' ti; =C:) c , The Unknown Heirs, Executors, Administrators, and Devisees of the Estate of Robert P. Weaver, Civil Action Number: 13-3397 Deceased Defendant(s) MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, CHRISTINA C. VIOLA, ESQ., attorney for the within Plaintiff, hereby certify that reinstated Civil Action was mailed to the Defendants by certified mail,return receipt requested and regular mail on July 31, 2013 , pursuant to court order, as evidenced by copy of said order, certified mail receipt and certificate of mailing attached. STE AND EISE ERG PC BY: C IdIA Attorney for Plaintiff 8/9/2013 C OUP T OF COMMON PLEAS OF CU-Iv1I3ERLAND COTA-ITY CIVIL ACTION-LAW Household Finance Consumer Discount Company V. The Unknown Heirs, Executors, Administrators Civil Action Number: 13-3397Civil and Devisees of the Estate of Robert P. Weaver, Deceased Defendant(s) ORDER ND I®I�W, this ` day of y _. , 2013, upon consideration of Plaintiffs Motion for Special Order Directing Servic of its Civil Action by Posting and Certified Mail Pursuant to Pa. P.C.P. 430(a), it is hereby ORDERED AND DECREED that defendants 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, 631 GATES LANE, ENOLA, PA 17025 and by sending a copies of same to defendants at their last known addresses being 631 GATES LANE, ENOLA, PA 17025 by certified mail, return receipt requested and regular mail. BY THE COURT: AU "F r. J. cl; ti=� r ��!Qdti�r M i. • +. IU - ri ., ,• , •b'7id•luro 0 Postage $ M Certified Fee ill [mark C3 Return Receipt Fee (Endorsement Required) , ! f-3 Restricted Delivery Fee /��► (Endorsement Required) , O J Ir 0 Total Postage&Fees $ �7D r� —_ Sen To 3;treet,APC No.; C3 or PO Box No. M1 -------------------- .... O-be ----lica ,.-------- Clry,State,ZIP+4.. VA J i- I'L 0-0'F F 1'1--"C. T H E P R 0 TH ON 0 I-Ad i ?2,13 AUG 26 PM 1: 10 ru"UMBERLAND COUNTY STERN&EISENBERG,PC PENNSYLVANIA 1581 MAIN STREET,SUITE 200 THE SHOPS AT VALLEY SQUARE 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 Household Finance Consumer Discount Company Civil No. 13-3397 Civil V PRAECIPE TO REINSTATE The Unknown Heirs, Executors, Administrators COMPLAINT and Devisees of the Estate of Robert P. Weaver, Deceased Defendants PRAECIPE TO REINSTATE CIVIL ACTION Kindly reinstate the civil action in the above captioned matter. ST R A EN RG BY- CV-HNA'(--.'VI'6-LX Attorney for Plaintiff 8/22/2013 �s 6trA all-71�0 I ssIqq� rr �6'VF 7, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson + She "l"-��t,tit JmdyS Smith -� Chief Deputy 7013 SEP —6 AM If: 1,7 Richard VVStewart Solicitor OFFICE w`pe$MEMPF CUM Ty PENNSYLVANIA Household Finance Consumer Discount Company Case Number vs. | 2O13'33S7 The UnknovmnHeirs, Executors,Administrators and Devisees cd the Enbs ' | SHERIFF'S RETURN OF SERVICE O8/O5/2O13 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The Unknown Heirs, Executors,Administrators and Devisees of the Estat, 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 Found"at 631 Gates Lane, East Pennsboro Township, Enola, PA 17025, Residence is vacant. 09/04/2013 03:20 PM-Deputy Tim Black, 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:The Unknown Heirs, Executors,Administrators and Devisees of the Estat, pursuant to Order of Court by"Posting"the premises located at 631 Gates Lane, East Pennsboro Township, Eno|n. PA17O25 with m true and correct copy according holaw. SHERIFF COST: $49�95 SO ANSWERS, September O6. 2O13 RONWR ANDERSON, SHERIFF ' wnoun*-Sulm Sheriff,roleosoft,Inc. CHRISTINA C. VIOLA,ESQUIRE P 0 T H CF STERN&EISENBERG PC 1581 Main Street, Suite 200 2013 SEP 12 PM 2: 0 6 The Shops at Valley Square CUMBERLAND COUNTY Warrington, PA 18976 PENNSYLVANIA (215) 572-8111 I.D. #308909 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION—LAW Household Finance Consumer Discount Civil Action Number: 13-3397 Civil Company V. MORTGAGE FORECLOSURE The Unknown Heirs, Executors,Administrators and Devisees of the Estate of Robert P. Weaver, Deceased Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 Kindly substitute VOLT 2012-RPL2 Asset Holdings Trust, a successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: An assignment transferring the mortgage to VOLT 2012-RPL2 Asset Holdings Trust,is in the process of being recorded in the Office of the Recorder of Deeds for Cumberland County Kindly amend the information on the docket accordingly. STERN& SE ERG PC BY: o Attorney for Plaintiff <-- 9/10/13 r lo COURT OF COMMON PLEAS OF 'L T A k CIVIL ACTION-LAW 2013 OCT _9 PM 2. 39 CHRISTINA C. VIOLA, ESQUIRE CUMBERLAND COUNTY STERN AND EISENBERG, PC PENNSYLVANIA 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215) 572-8111 I.D. #308909 VOLT 2012-RPL2 Asset Holdings Trust. Civil Action: 13-3397 v. The Unknown Heirs, Executors, Administrators MORTGAGE FORECLOSURE and Devisees of Robert P. Weaver, Deceased Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 Kindly substitute LSF8 Master Participation Trust, as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: An assignment transferring the mortgage to LSF8 Master Participation Trust is in the process of being recorded in the Office of the Recorder of Deeds for Cumberland County. Kindly amend the information on the docket accordingly. STE: AND i SENBERG PC BY: k `► 'r^ Takir A Attorney for Plaintiff 10/4/2013 4 ki A,/ 9 SO/f) r STSVO r.. �... _r—ia _—i,.1 f. ' STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) j?ry E^ OCT 2 3 m i€; J 7 LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) C U B 5 E F L 1"Y N D COUNTY ANDREW J.MARLEY(312314) PENNSYLVANIA STERN&EISENBERG,PC ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY LSF8 Master Participation Trust (Plaintiff) Docket#: 13-3397 Civil v. The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased (Defendant(s)) PLAINTIFF'S MOTION TO TERMINATE STAY OF FORECLOSURE PROCEEDINGS The Plaintiff,LSF8 Master Participation Trust,by and through undersigned counsel, M. Troy Freedman, Esquire, hereby moves this Honorable Court to terminate the stay of foreclosure proceedings imposed by virtue of the Cumberland County Mortgage Foreclosure Diversion Program. In support thereof,the Plaintiff avers as follows: 1. On 5-16-03, an individual named Robert P. Weaver,who is now deceased,made, executed, and delivered a Mortgage to MERS as nominee for Equifirst Corporation (hereinafter referred to as "Originating Lender") as security for his payment and other obligations in consideration of a mortgage loan made to him. (Pl.'s Compl., at¶4 and Ex. «B» 2. The aforesaid Mortgage encumbers the real property situated at 631 Gates Lane,Enola, PA 17025 (hereinafter referred to as the"Premises"). (Pl.'s Compl., at¶4 and Ex. "B"). 3. The Defendants, The Unknown Heirs, Executors,Administrators and Devisees of the Estate of Robert P. Weaver, Deceased, are the real owners of the Premises. (Pl.'s Compl., at¶2). 4. The aforesaid Mortgage is in default because the required monthly payments due thereunder have not been made from May 2011 through the present date. (Pl.'s Compl., at¶8). 5. Due to the default status of the Mortgage loan account,the Plaintiff properly commenced an action in foreclosure pursuant to the terms of the Mortgage and Pa. R.C.P. 1141 et seq. 6. The Plaintiff's Complaint was filed on 6-12-13. 7. Pursuant to the Cumberland County Mortgage Foreclosure Diversion Program (hereinafter referred to as "Diversion Program"),the Plaintiffs Complaint included a Notice of Residential Mortgage Foreclosure Diversion Program and Financial Worksheet. 8. Personal service of the Complaint could be effectuated as the Premises was found to be "vacant"according to the Sheriffs Return of Service. A true and correct copy of Sheriffs Return of Service is attached hereto as Exhibit"A"and made a part hereof. 9. Plaintiff thus filed a motion seeking alternative or special service of the Complaint, which motion was granted by the Honorable Kevin A. Hess on 7-15-13. 10. Plaintiff served the Complaint in accordance with Judge Hess's 7-15-13. A true and correct time-stamped copy of Plaintiffs Certificate of Service is attached hereto as Exhibit`B"and made a part hereof. See also, Ex. "A." 11. By virtue of the requirements of the Diversion Program, all foreclosure proceedings are stayed for a sixty(60) day period from the date of service of the complaint. 12. In the February 28,2012 Administrative Order issued by the Court of Common Pleas of Cumberland County establishing the Diversion Program,the program requirements were intended to apply only to those properties which"serve as the primary residence of the defendant/borrower." 13. The Premises does not qualify for inclusion in the Diversion Program as it is vacant and the mortgagor, Robert P. Weaver, is deceased. 14. Pursuant to Cumberland County Local Rule 208.3(a)(9), Plaintiff sent a request for concurrence with copies of the herein Motion to Terminate Stay of Foreclosure Proceedings and Plaintiff's Proposed Order to Defendant on 10-15-13 via regular mail, postage prepaid. A true and correct copy of the Certificate of Mailing pertaining thereto is attached hereto as Exhibit"C"and made a part hereof. 15. There has been no response to Plaintiff's request for concurrence as of the date hereof. 16. Judge Hess previously rendered a decision in this matter. See Ex. `B,"at 2. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court terminate the stay of foreclosure proceedings imposed by virtue of the Cumberland County Mortgage Foreclosure Diversion Program and declare Plaintiff free to resume foreclosure proceedings including(without limitation) obtaining a judgment, in rem, in favor of the Plaintiff and against the Defendants, The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased, in the amount as set forth in the Plaintiff's Complaint together with ongoing interest at the rate of$13.65 per day; additional late fees; additional attorneys' fees; additional escrow advances; additional corporate advances; any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of 631 Gates Lane, Enola, PA 17025. Respectfully submitted, STERN&EISENBE'G, PC - BY: ❑ STEV K. EISENBERG, ESQUIRE EI41. : •Y FREEDMAN, ESQUIRE ❑ SUE J. RASE, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE TELEPHONE: (215)572-8111 FACSIMILE:(215)572-5025 EMAIL:tfreedman@sterneisenberg.com 10/�' �� Attorneys for Plaintiff Date: 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 ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE: (215)572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY LSF8 Master Participation Trust (Plaintiff) Docket#: 13-3397 Civil v. The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased (Defendant(s)) BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO TERMINATE STAY OF FORECLOSURE PROCEEDINGS On 5-16-03, an individual named Robert P. Weaver, who is now deceased, made, executed, and delivered a Mortgage to MERS as nominee for Equifirst Corporation(hereinafter referred to as"Originating Lender") as security for his payment and other obligations in consideration of a mortgage loan made to him. (Pl.'s Compl., at¶4 and Ex. `B"). The aforesaid Mortgage encumbers the real property situated at 631 Gates Lane, Enola, PA 17025 (hereinafter referred to as the"Premises"). (Pl.'s Compl., at¶4 and Ex. `B"). The Defendants,The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased, are the real owners of the Premises. (Pl.'s Compl., at¶2). The aforesaid Mortgage is in default because the required monthly payments due thereunder have not been made from May 2011 through the present date. (Pl.'s Compl., at¶8). Due to the default status of the Mortgage loan account,the Plaintiff properly commenced an action in foreclosure pursuant to the terms of the Mortgage and Pa. R.C.P. 1141 et seq. The Plaintiff's Complaint was filed on 6-12-13. Pursuant to the Cumberland County Mortgage Foreclosure Diversion Program (hereinafter referred to as "Diversion Program"),the Plaintiff's Complaint included a Notice of Residential Mortgage Foreclosure Diversion Program and Financial Worksheet. Personal service of the Complaint could be effectuated as the Premises was found to be"vacant" according to the Sheriff's Return of Service. See generally, Ex. "A." Plaintiff thus filed a motion seeking alternative or special service of the Complaint, which motion was granted by the Honorable Kevin A. Hess on 7-15-13. Plaintiff served the Complaint in accordance with Judge Hess's 7-15-13. See generally, Exs. "A"and`B." By virtue of the requirements of the Diversion Program, all foreclosure proceedings are stayed for a sixty(60)day period from the date of service of the complaint. In the February 28, 2012 Administrative Order issued by the Court of Common Pleas of Cumberland County establishing the Diversion Program,the program requirements were intended to apply only to those properties which"serve as the primary residence of the defendant/borrower." The Premises does not qualify for inclusion in the Diversion Program as it is vacant and the mortgagor, Robert P. Weaver, is deceased. Pursuant to Cumberland County Local Rule 208.3(a)(9), Plaintiff sent a request for concurrence with copies of the herein Motion to Terminate Stay of Foreclosure Proceedings and Plaintiff's Proposed Order to Defendant on 10-15-13 via regular mail,postage prepaid. See generally, Ex. "C." There has been no response to Plaintiff's request for concurrence as of the date hereof. • For all of the foregoing reasons,the Plaintiff respectfully requests that this Honorable Court terminate the stay of foreclosure proceedings imposed by virtue of the Cumberland County Mortgage Foreclosure Diversion Program and declare Plaintiff free to resume foreclosure proceedings including (without limitation) obtaining a judgment, in rem, in favor of the Plaintiff and against the Defendants, The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased, in the amount as set forth in the Plaintiff's Complaint together with ongoing interest at the rate of$13.65 per day; additional late fees; additional attorneys' fees; additional escrow advances; additional corporate advances; any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of 631 Gates Lane, Enola, PA 17025. Respectfully submitted, STERN&EISENBERG, PC BY: ❑ STEVEN K. ENBERG, ESQUIRE M. TROY EDMAN, ESQUIRE ❑ LESL . RASE,ESQUIRE ❑ CH S'fINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE TELEPHONE:(215)572-8111 FACSIMILE: (215)572-5025 EMAIL:tfreedman@sterneisenberg.com Date: l C ZI 13 Attorneys 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 ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215)572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY LSF8 Master Participation Trust (Plaintiff) Docket#: 13-3397 Civil v. The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased (Defendant(s)) CERTIFICATE OF SERVICE I,M.Troy Freedman,Esquire,hereby certify that,on this date,I served or caused to be served a true and correct copy of the foregoing Plaintiffs Motion to Terminate Stay of Foreclosure Proceedings,Brief in Support thereof,Verification,Certificate of Non-Concurrence,and proposed form of Order upon the following persons/entities via regular mail,postage prepaid: The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver, Deceased 631 Gates Lane Enola, PA 17025 STERN&EISENBERG, PC BY: ❑ STEVEN K. ' SENBERG, ESQUIRE M. TRO REEDMAN, ESQUIRE ❑ LES .J'RASE, ESQUIRE ❑ CH Ni TINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 EMAIL:tfreedman@sterneisenberg.com Date: V/1"//1.3 Attorneys 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 ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY LSF8 Master Participation Trust (Plaintiff) Docket#: 13-3397 Civil v. The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P.Weaver,Deceased (Defendant(s)) CERTIFICATE OF NON-CONCURRENCE I,M. Troy Freedman, Esquire, hereby certify that concurrence to the within Motion was sought from Defendant(s)by letter with copies of the within Motion and proposed Order sent on 10-15-13 via regular mail,postage prepaid. See generally, Ex. "C." There was no response. STERN& EISENBERG, PC BY: ❑ TEVE► . EISENBERG, ESQUIRE M. OY FREEDMAN, ESQUIRE ❑ L SLIE J. RASE, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 EMAIL:tfreedman@sterneisenberg.com Date: Q/2 ) Attorneys 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 ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY LSF8 Master Participation Trust (Plaintiff) Docket#: 13-3397 Civil v. The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased (Defendant(s)) VERIFICATION M. Troy Freedman, Esquire, hereby states that he one of the attorneys for the Plaintiff, a corporation,unless designated otherwise; that he is authorized to make this Verification; that he has personal knowledge of the facts averred in the foregoing Motion; and that the statements made in the foregoing Motion are true and correct to the best of his knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. STERN& EISENBERG, PC BY: ❑ STEVE ' . EISENBERG, ESQUIRE LP'M. ' I Y FREEDMAN, ESQUIRE ❑ .' LIE J. RASE, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 EMAIL:tfreedman@sterneisenberg.com Attorneys for Plaintiff Date: (6 2,1 13 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of aiaia6r Jody S Smith Chief Deputy - Richard W Stewart Solicitor :rf - _ -' Household Finance Consumer Discount Company Case Number vs. 2013-3397 The Unknown Heirs, Executors,Administrators and Devisees of the Estat SHERIFF'S RETURN OF SERVICE 08/05/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:The Unknown Heirs, Executors, Administrators and Devisees of the Estat, 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 Found" at 631 Gates Lane, East Pennsboro Township, Enola, PA 17025. Residence is vacant. 09/04/2013 03:20 PM - Deputy Tim Black, 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:The Unknown Heirs, Executors,Administrators and Devisees of the Estat, pursuant to Order of Court by"Posting"the premises located at 631 Gates Lane, East Pennsboro Township, Enola, PA 17025 with a true and correct copy according to law. TIM ACK, EPUTY SHERIFF COST: $49.95 SO ANSWERS, September 05, 2013 RONNY R ANDERSON, SHERIFF ,cua sui!c ahem M.Frosof;. IN THE COURT OF COMMON PLEAS OF DELEWARE COUNTY CIVIL ACTION-LAW CHRISTINA C. VIOLA, ESQ. STERN AND EISENBERG, PC {" 1581Main Street Suite 200 G60, Warrington, PA 18976 c Household Finance Consumer Discount Company , The Unknown Heirs, Executors,Administrators, and Devisees of the Estate of Robert P. Weaver, Civil Action Number: 13-3397 Deceased Defendant(s) MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, CHRISTINA C. VIOLA, ESQ., attorney for the within Plaintiff, hereby certify that reinstated Civil Action was mailed to the Defendants by certified mail, return receipt requested and regular mail on July 30, 2013 ,pursuant to court order, as evidenced by copy of said order, certified mail receipt and certificate of mailing attached. STERN AND EISENBERG PC BY: A ; C"TIMP4 VILA Attorney for Plaintiff 07/31/2013 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW Household Finance Consumer Discount Company The Unknown Heirs, Executors, Administrators Civil Action Number: 13-337-Civil and Devisees of the Estate of Robert P. Weaver, Deceased Defendant(s) ORDER AND NOW, this day of y I , 2013, upon consideration of Plaintiff s 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 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, 631 GATES LANE, ENOLA, PA 17025 and by sending a copies of same to defendants at their last known addresses being 631 GATES LANE, ENOLA, PA 17025 by certified mail, return receipt requested and regular mail. BY THE COURT: / J. t 1-- f L1 • ti �r U.S stal ServiceT?, CE IFIED MAILTM RECEIPT a (Domestic Mail Only;No Insurance Coverage Provided) ru a For delivery information visit our website at www,.usps.comE,- - O Postage $ Certified Fee O) RJ lmark Return Receipt Fee � (Endorsement Required) Pat, Restricted Delivery Fee _ 0"\ j' (Endorsement Required) � f �f D Total Postage&Fees $ �1•ti _� Sent To own_ v„ K/j bp MAR Street, pt No.; f _}-. �� or PO Box No. (/ City,State,ZlP+ L �--i P.5 Eorm 3800 qugusi200& '_ :.See Reverse•for Instio6tto�is • • • • • . . �UNITED STATES POSTAL SERVICE® Certificate Of Mailer ' `� N. '* This Certificate of Mailing provides evidence that mail has been presented to USPS®for to ding. �7 fh 1 This form may be used for domestic and international mail. 9 C .i. r a'.From: s - pC y1 q :i -3-, i._- Attorneys atLaW t: .. ...:. : 1581 Main Street'Suite 20 ,f p�°oQ c The Shops at Valley Square S. b Warrington,PA 18976 _ . . co $ a ` t i To: }Lt \ 1\,i'e\(: _`i \ \ \,l \`-_ C'`,k 1,-i"`�.\) \.-I, U` (. `c" m ,‘I ( \-1(6 ) comlan-k °o ((nn1 ` t {p � cr, � m L ' \ E t.v ske, t CO N p O1c;� A5 ° � 1 1 L:a W ° PS Form 3817,April 2007 PSN 7530-02-000-9065 IIII 4 It I :1 STEVEN K.EISENBERG,ESQUIRE(75736) `3 p j- 214 ,, i,, M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) "it-113E1,1 l'?t CHRISTINA C.VIOLA,ESQUIRE(308909) P r_N a,S Y C1'4 F ; ANDREW J.MARLEY(312314) STERN&EISENBERG,PC ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY LSF8 Master Participation Trust (Plaintiff) Docket#: 13-3397 Civil v. The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased (Defendant(s)) ORDER GRANTING PLAINTIFF'S MOTION TO TERMINATE STAY OF FORECLOSURE PROCEEDINGS AND NOW,to wit,this Zte day of 044 wr ,2013, upon consideration of the Plaintiff's Motion to Terminate Stay of Foreclosure Proceedings, and upon consideration of any Answer thereto, and upon good cause showing; it is hereby ORDERED that the Plaintiff's Motion for to Terminate Stay of Foreclosure Proceedings is granted; and it is FURTHER ORDERED that the real property situated at 631 Gates Lane, Enola, PA 17025 and this proceeding are not eligible for the Cumberland County Mortgage Foreclosure Diversion Program; and it is FURTHER ORDERED that Plaintiff is free to resume foreclosure proceedings including (without limitation) obtaining a judgment, in rem, in favor of the Plaintiff and against the Defendants, The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased, in the amount as set forth in the Plaintiff's Complaint together with ongoing interest at the rate of$13.65 per day; additional late fees; additional attorneys' fees; additional escrow advances; additional corporate advances; any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of 631 Gates Lane,Enola,PA 17025. BY THE COURT: J. cc: , M. Troy Freedman, Esquire STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215)572-5025 EMAIL:tfreedman@sterneisenberg.com The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver, Deceased 631 Gates Lane Enola, PA 17025 Cofsin n2�-�L y STEVEN K.EISENBERG,ESQUIRE(75736) 0 f 13';fl Tom, M.TROY FREEDMAN,ESQUIRE(85165) 27,!!3 OCT 23 ;11 1_: y 7 LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) C U' 3 E R L A N Dt qCOUNTY ANDREW J.MARLEY(312314) EN #S LVANIA STERN&EISENBERG,PC ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET, SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215)572-8111 FACSIMILE:(215)572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY LSF8 Master Participation Trust (Plaintiff) Docket#: 13-3397 Civil v. The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased (Defendant(s)) PLAINTIFF'S MOTION TO TERMINATE STAY OF FORECLOSURE PROCEEDINGS The Plaintiff, LSF8 Master Participation Trust,by and through undersigned counsel, M. Troy Freedman, Esquire, hereby moves this Honorable Court to terminate the stay of foreclosure proceedings imposed by virtue of the Cumberland County Mortgage Foreclosure Diversion Program. In support thereof, the Plaintiff avers as follows: 1. On 5-16-03, an individual named Robert P. Weaver, who is now deceased, made, executed,and delivered a Mortgage to MERS as nominee for Equifirst Corporation (hereinafter referred to as "Originating Lender") as security for his payment and other obligations in consideration of a mortgage loan made to him. (Pl.'s Compl., at¶4 and Ex. "B" 2. The aforesaid Mortgage encumbers the real property situated at 631 Gates Lane, Enola, PA 17025 (hereinafter referred to as the"Premises"). (Pl.'s Compl., at¶4 and Ex. `B"). 3. The Defendants, The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased, are the real owners of the Premises. (Pl.'s Compl., at¶2). 4. The aforesaid Mortgage is in default because the required monthly payments due thereunder have not been made from May 2011 through the present date. (Pl.'s Compl., at¶8). 5. Due to the default status of the Mortgage loan account, the Plaintiff properly commenced an action in foreclosure pursuant to the terms of the Mortgage and Pa. R.C.P. 1141 et seq. 6. The Plaintiff's Complaint was filed on 6-12-13. 7. Pursuant to the Cumberland County Mortgage Foreclosure Diversion Program (hereinafter referred to as "Diversion Program"),the Plaintiff's Complaint included a Notice of Residential Mortgage Foreclosure Diversion Program and Financial Worksheet. 8. Personal service of the Complaint could be effectuated as the Premises was found to be "vacant"according to the Sheriffs Return of Service. A true and correct copy of Sheriff's Return of Service is attached hereto as Exhibit"A"and made a part hereof 9. Plaintiff thus filed a motion seeking alternative or special service of the Complaint,which motion was granted by the Honorable Kevin A. Hess on 7-15-13. 10. Plaintiff served the Complaint in accordance with Judge Hess's 7-15-13. A true and correct time-stamped copy of Plaintiffs Certificate of Service is attached hereto as Exhibit`B"and made a part hereof. See also, Ex. "A." 11. By virtue of the requirements of the Diversion Program, all foreclosure proceedings are stayed for a sixty(60) day period from the date of service of the complaint. 12. In the February 28,2012 Administrative Order issued by the Court of Common Pleas of Cumberland County establishing the Diversion Program,the program requirements were intended to apply only to those properties which"serve as the primary residence of the defendant/borrower." 13. The Premises does not qualify for inclusion in the Diversion Program as it is vacant and the mortgagor, Robert P. Weaver, is deceased. 14. Pursuant to Cumberland County Local Rule 208.3(a)(9), Plaintiff sent a request for concurrence with copies of the herein Motion to Terminate Stay of Foreclosure Proceedings and Plaintiff's Proposed Order to Defendant on 10-15-13 via regular mail, postage prepaid. A true and correct copy of the Certificate of Mailing pertaining thereto is attached hereto as Exhibit"C"and made a part hereof. 15. There has been no response to Plaintiff's request for concurrence as of the date hereof. 16. Judge Hess previously rendered a decision in this matter. See Ex. `B,"at 2. WHEREFORE,the Plaintiff respectfully requests that this Honorable Court terminate the stay of foreclosure proceedings imposed by virtue of the Cumberland County Mortgage Foreclosure Diversion Program and declare Plaintiff free to resume foreclosure proceedings including(without limitation) obtaining a judgment, in rem, in favor of the Plaintiff and against the Defendants, The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased, in the amount as set forth in the Plaintiff's Complaint together with ongoing interest at the rate of$13.65 per day; additional late fees; additional attorneys' fees; additional escrow advances; additional corporate advances; any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of 631 Gates Lane,Enola, PA 17025. Respectfully submitted, STERN&EISENBE'G, PC BY: ❑ STEV K. EISENBERG, ESQUIRE fi VM. •Y FREEDMAN, ESQUIRE 0 0 SLIE J. RASE, ESQUIRE ❑ CHRISTINA C. VIOLA,ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 EMAIL:tfreedman@sterneisenberg.com /1113 Attorneys for Plaintiff Date: l f� 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 ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET, SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE: (215)572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY LSF8 Master Participation Trust (Plaintiff) Docket#: 13-3397 Civil v. The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased (Defendant(s)) BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO TERMINATE STAY OF FORECLOSURE PROCEEDINGS On 5-16-03, an individual named Robert P. Weaver, who is now deceased, made, executed, and delivered a Mortgage to MERS as nominee for Equifirst Corporation(hereinafter referred to as "Originating Lender") as security for his payment and other obligations in consideration of a mortgage loan made to him. (Pl.'s Compl., at¶4 and Ex. `B"). The aforesaid Mortgage encumbers the real property situated at 631 Gates Lane, Enola, PA 17025 (hereinafter referred to as the"Premises"). (Pl.'s Compl., at¶4 and Ex. `B"). The Defendants, The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased, are the real owners of the Premises. (Pl.'s Compl., at¶2). The aforesaid Mortgage is in default because the required monthly payments due thereunder have not been made from May 2011 through the present date. (Pl.'s Compl., at¶8). Due to the default status of the Mortgage loan account,the Plaintiff properly commenced an action in foreclosure pursuant to the terms of the Mortgage and Pa. R.C.P. 1141 et seq. The Plaintiff's Complaint was filed on 6-12-13. Pursuant to the Cumberland County Mortgage Foreclosure Diversion Program (hereinafter referred to as "Diversion Program"),the Plaintiff's Complaint included a Notice of Residential Mortgage Foreclosure Diversion Program and Financial Worksheet. Personal service of the Complaint could be effectuated as the Premises was found to be"vacant" according to the Sheriff's Return of Service. See generally, Ex. "A." Plaintiff thus filed a motion seeking alternative or special service of the Complaint, which motion was granted by the Honorable Kevin A. Hess on 7-15-13. Plaintiff served the Complaint in accordance with Judge Hess's 7-15-13. See generally, Exs. "A" and`B." By virtue of the requirements of the Diversion Program, all foreclosure proceedings are stayed for a sixty(60)day period from the date of service of the complaint. In the February 28, 2012 Administrative Order issued by the Court of Common Pleas of Cumberland County establishing the Diversion Program,the program requirements were intended to apply only to those properties which"serve as the primary residence of the defendant/borrower." The Premises does not qualify for inclusion in the Diversion Program as it is vacant and the mortgagor, Robert P. Weaver, is deceased. Pursuant to Cumberland County Local Rule 208.3(a)(9), Plaintiff sent a request for concurrence with copies of the herein Motion to Terminate Stay of Foreclosure Proceedings and Plaintiffs Proposed Order to Defendant on 10-15-13 via regular mail,postage prepaid. See generally, Ex. "C." There has been no response to Plaintiff's request for concurrence as of the date hereof For all of the foregoing reasons,the Plaintiff respectfully requests that this Honorable Court terminate the stay of foreclosure proceedings imposed by virtue of the Cumberland County Mortgage Foreclosure Diversion Program and declare Plaintiff free to resume foreclosure proceedings including(without limitation) obtaining a judgment, in rem, in favor of the Plaintiff and against the Defendants, The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P.Weaver,Deceased, in the amount as set forth in the Plaintiff's Complaint together with ongoing interest at the rate of$13.65 per day; additional late fees; additional attorneys' fees; additional escrow advances; additional corporate advances; any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of 631 Gates Lane, Enola, PA 17025. Respectfully submitted, STERN&EISENBERG, PC BY: ❑ STEVEN K. " ENBERG, ESQUIRE M. TROY EDMAN, ESQUIRE ❑ LESL . RASE, ESQUIRE ❑ CH S'fINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE TELEPHONE:(215)572-8111 FACSIMILE: (215)572-5025 EMAIL:tfreedman@sterneisenberg.com Date: / C p. 3 Attorneys for Plaintiff 1 • 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 ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215)572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY LSF8 Master Participation Trust (Plaintiff) Docket#: 13-3397 Civil v. The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased (Defendant(s)) CERTIFICATE OF SERVICE I,M.Troy Freedman,Esquire,hereby certify that,on this date,I served or caused to be served a true and correct copy of the foregoing Plaintiffs Motion to Terminate Stay of Foreclosure Proceedings,Brief in Support thereof,Verification,Certificate of Non-Concurrence,and proposed form of Order upon the following persons/entities via regular mail,postage prepaid: The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver, Deceased 631 Gates Lane Enola, PA 17025 STERN& EISENBERG, PC BY: ❑ STEVEN K. ' SENBERG, ESQUIRE M. TRO REEDMAN, ESQUIRE ❑ LESL J'RASE, ESQUIRE ❑ CH Ns TINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE TELEPHONE: (215)572-8111 FACSIMILE:(215)572-5025 EMAIL:tfreedman@sterneisenberg.com j Date: ` I Attorneys 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 ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY LSF8 Master Participation Trust (Plaintiff) Docket#: 13-3397 Civil v. The Unknown Heirs, Executors,Administrators and Devisees of the Estate of Robert P.Weaver,Deceased (Defendant(s)) CERTIFICATE OF NON-CONCURRENCE I,M. Troy Freedman, Esquire, hereby certify that concurrence to the within Motion was sought from Defendant(s)by letter with copies of the within Motion and proposed Order sent on 10-15-13 via regular mail,postage prepaid. See generally, Ex. "C." There was no response. STERN& EISENBERG, PC BY: ❑—JSTEVE► . EISENBERG, ESQUIRE lg M. OY FREEDMAN, ESQUIRE ❑ L SLIE J. RASE, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE TELEPHONE: (215)572-8111 FACSIMILE:(215)572-5025 EMAIL:tfreedman@sterneisenberg.com Date: o 3 Attorneys 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 ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215)572-8111 FACSIMILE:(215)572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY LSF8 Master Participation Trust (Plaintiff) Docket#: 13-3397 Civil v. The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased (Defendant(s)) VERIFICATION M. Troy Freedman, Esquire, hereby states that he one of the attorneys for the Plaintiff, a corporation,unless designated otherwise;that he is authorized to make this Verification;that he has personal knowledge of the facts averred in the foregoing Motion; and that the statements made in the foregoing Motion are true and correct to the best of his knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904,relating to unsworn falsification to authorities. STERN&EISENBERG, PC BY: ❑ STEVE ' . EISENBERG, ESQUIRE TE'M. T' •Y FREEDMAN, ESQUIRE ❑ • LIE J. RASE, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ❑ ANDREW J. MARLEY, ESQUIRE TELEPHONE: (215)572-8111 FACSIMILE: (215)572-5025 EMAIL:tfreedman@sterneisenberg.com Attorneys for Plaintiff Date: (6/2/1/13 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ot cumber, Jody S Smith Chief Deputy Richard W Stewart Solicitor Or-,°= =r,-- Household Finance Consumer Discount Company Case Number vs. The Unknown Heirs, Executors,Administrators and Devisees of the Estat 2013-3397 SHERIFF'S RETURN OF SERVICE 08/05/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The Unknown Heirs, Executors, Administrators and Devisees of the Estat, 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 Found" at 631 Gates Lane, East Pennsboro Township, Enola, PA 17025. Residence is vacant. 09/04/2013 03:20 PM - Deputy Tim Black, 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:The Unknown Heirs, Executors,Administrators and Devisees of the Estat, pursuant to Order of Court by"Posting"the premises located at 631 Gates Lane, East Pennsboro Township, Enola, PA 17025 with a true and correct copy according to law. TIM MACK, DEPUTY SHERIFF COST: $49.95 SO ANSWERS, September 05, 2013 RON R ANDERSON, SHERIFF . �u-,Suite Shz.nir..T. oso1 IN THE COURT OF COMMON PLEAS OF DELEWARE COUNTY CIVIL ACTION-LAW CHRISTINA C. VIOLA, ESQ. STERN AND EISENBERG, PC `�'?, 1581Main Street 9G r Suite 200 p�Gp c r Warrington, PA 18976 --�G s , `' V Household Finance Consumer Discount Company , i V. -;� The Unknown Heirs, Executors, Administrators, and Devisees of the Estate of Robert P. Weaver, Civil Action Number: 13-3397 Deceased Defendant(s) MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, CHRISTINA C. VIOLA, ESQ., attorney for the within Plaintiff, hereby certify that reinstated Civil Action was mailed to the Defendants by certified mail, return receipt requested and regular mail on July 30, 2013 ,pursuant to court order, as evidenced by copy of said order, certified mail receipt and certificate of mailing attached. STERN AND EISENBERG PC I } � ,. ` t i G1 1. BY: ' A . C M �C. VILA _ MOM Attorney for Plaintiff 07/31/2013 COURT OF COMMON PL EA S OF C oil E K LANL ti ouTTY CIVIL ACTION-LA W Household Finance Consumer Discount Company Tf. The Unknown Heirs,Executors, Administrators Civil Action Number: 13-3357-Civil and Devisees of the Estate of Robert P. Weaver, Deceased Defendant(s) ORDER AND NOW, this day of .a '.> yt , 2013, upon consideration of Plaintiffs Motion for Special Order Directing Servic0 of its Civil Action by Posting and Certified Mail Pursuant to Pa_ I .C.P. 430(a), it is hereby ORDERED AND DECREED that defendants 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, 631 GATES LANE, ENOLA, PA 17 025 and by sending a copies of same to defendants at their last known addresses being 631 GATES LANE, ENOLA, PA 17025 by certified mail, return receipt requested and regular mail. BY THE COURT: ficl si ft: PLCALd J. Clrj, rn- Cr) - -- • _F� U.S stal Service-rt., • CE IFIED MAIL., RECEIPT • ED (Domestic Mail Only;No Insurance Coverage Provided) to a For delivery information visit our websiteatwww..usps.coms,- Postage $ J Certified Fee J� ^ ru , tmark p Return Receipt Fee 1= (Endorsement Required) µ F' ORestricted Delivery Fee °'9 (Endorsement Required) Total Postage&Fees $ r-? Sent To m Lnown Street, pt.No.; - � or PO Box No. ^f-� �� _M_ __lit It- LLll City,State,ZIP+— - ,f VL PS dorm ssoo qugust2oo6 See Reper5e for Insfiactfof s • • ja UNITED STATES POSTAL SERVICE® b."4:. Certificate Of Mail.ir - `• _ This Certificate of Mailing provides evidence that mail has been presented to USPS®for fling. N. �:f{ This form may be used for domestic and international mail. - 7A.° From: y� p -11 'i:+t 6 Attorneys A.W 1581 Main Street;`Sc ite 200—'^N„,,.. �-C,g,0O i, C The Shops at Valley Square <:r,SP- Warrington,PA 18976 . li'r o fn k -Al To: , b' ..A\ �'yl� 1 @ �,.��� cc k ��-(" ).' 'A U AY u' 6 m o y A -\-('''\11N-S C7rX\0(lan4- 2, 0 I t!i z' J z ' \ 1c` ( ' VU N N co L.-0011k ?\ \In5" ° a m PS Form 3817,April 2007 PSN 7530-02-000-9065 IIII STEVEN K.EISENBERG,ESQUIRE(75736) L M.TROY FREEDMAN,ESQUIRE(85165) i'I O TI I C'i [TA, LESLIE J.RASE,ESQUIRE(58365) r lII �; CHRISTINA C.VIOLA,ESQUIRE(308909) f - ( PI 1: oil ANDREW J.MARLEY(312314) STERN&EISENBERG,PC Hi'a� COUNTY 1581 MAIN STREET,SUITE 200 PENNSYLVANIA 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 LSF8 Master Participation Trust v. Civil Action Number: 13-3397 Civil The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased MORTGAGE FORECLOSURE Defendant(s) PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased , for failure of said Defendant(s) to file a responsive pleading to the Complaint within twenty (20) days of service thereof. PRINCIPAL BALANCE $70,936.27 INTEREST accrued thru 05/22/2013 of $10,506.55 Interest after 05/22/2013 shall accrue at the per diem rate of$13.80.) ADVANCES FOR TAXES $3,858.98 ADVANCES FOR HAZARD INSURANCE $1,071.00 Sub-Total Through Date of Complaint $86,372.80 auk.tjjo.St a a 4(1(00 041 ACCRUED INTEREST after 05/22/2013 shall accrue at the per diem rate of$13.80 to November 7, 2013 $2,332.20 TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT $88,705.00 STERN & ENBE C.. , P BY: 1 ' air EVEN K. EISENBE' r, ESQUIRE ❑ M. TROY FREEDM ,,ESQUIRE ❑ JACQUELINE F. ALLY, ESQUIRE ❑ LESLIE J. RASE, 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 LSF8 Master Participation Trust v. Civil Action: 13-3397 Civil The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF BUCKS • I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief that: 1. Defendants are unknown, and therefore, a search of the Department of Defense Records could not be conducted. 2. Mortgagor is deceased, and therefore, a search of the Department of Defense Records could not be conducted. Lm of pENNS`LVANIA STER■ NB- • ' , PC coMMONwE` EAL NOTARIAL S public TURA+0,Notary y DIANE J bucks county e 014: ❑ STEVEN .EISENBERG, ' • i IRE Warrington Expires Ootobe M commission ❑ M. TROY FREEDMAN, ' • . RE ❑ JACQUELINE F. McN Al , ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ RISTINA C. VIOLA, ESQUIRE B"ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff Swo t subsc ibed� before me this 1 Day of ' —' , 2013. ` Notary Public -� 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 LSF8 Master Participation Trust v. Civil Action: 13-3397 Civil The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased Defendant(s) MORTGAGE FORECLOSURE 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 & EISENBERG PC BY: ❑ EVEN K. EISENBER , S€ IRE ❑ M. TROY FREEDMA _ •UIRE ❑ JACQUELINE F. Mc LY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ RISTINA C. VIOLA, ESQUIRE Er ANDREW 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 VOLT 2012-RPL2 Asset Holdings Trust (Plaintiff) Docket#: 13-3397 Civil v. The Unknown Heirs,Executors,Administrators and TEN DAY NOTICE Devisees of the Estate of Robert P.Weaver,Deceased (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P. 237.1 TO: The Unknown Heirs,Executors, Administrators and Devisees of the Estate of Robert P. Weaver,Deceased 631 Gates Lane Enola,PA 17025 Date of Notice: Wednesday,September 25,2013 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 STI ' &E SINB G,PC By: ey for Plaintiff J:\marilyn\10 Day Notices\Cumberland County\Caliber.Weaver.9.25.13.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 LSF8 Master Participation Trust v. Civil Action: 13-3397 Civil The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased Defendant(s) MORTGAGE FORECLOSURE 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 &EIS BERG, P , BY: ❑ TEVEN K. EISENBERG, - • d 1'E ❑ M. TROY FREEDMAN, a IRE ❑ JACQUELINE F. McN LY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑pHRISTINA C. VIOLA, ESQUIRE L7 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 LSF8 Master Participation Trust v. Civil Action: 13-3397 Civil The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased MORTGAGE FORECLOSURE Defendant(s) CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: LSF8 Master Participation Trust 13801 Wireless Way Oklahoma City, OK 73134 (Plaintiff) The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased 631 Gates Lane Enola, PA 17025 (Defendant(s)) STERN & _ SENBERG, BY: AMP"-EVEN K. EI ! ERG, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ RISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN.K.EISENBERG,ESQUIRE(75736) M. TROY FREEDMAN,ESQUIRE(85165) i '. LESLIE J.RASE,ESQUIRE(58365) __ CHRISTINA C.VIOLA,ESQUIRE(308909) ! ANDREW J. MARLEY(312314) STERN&EISENBERG,PC ATTORNEYS FOR PLAINTIFF 1581 MAIN STREET, SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215) 572-5025 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY LSF8 Master Participation Trust (Plaintiff) Docket#: 13-3397 Civil v. The Unknown Heirs, Executors,Administrators and Devisees of the Estate of Robert P. Weaver,Deceased (Defendant(s)) ORDER GRANTING PLAINTIFF'S MOTION TO TERMINATE STAY OF FORECLOSURE PROCEEDINGS AND NOW, to wit,this LWAday of Cob _ ,2013, upon consideration of the Plaintiff's Motion to Terminate Stay of Foreclosure Proceedings, and upon consideration of any Answer thereto, and upon good cause showing; it is hereby ORDERED that the Plaintiff's Motion for to Terminate Stay of Foreclosure Proceedings is granted; and it is FURTHER ORDERED that the real property situated at 631 Gates Lane, Enola, PA 17025 and this proceeding are not eligible for the Cumberland County Mortgage Foreclosure Diversion Program; and it is FURTHER ORDERED that Plaintiff is free to resume foreclosure proceedings including (without limitation) obtaining a judgment, in rem, in favor of the Plaintiff and against the Defendants, The Unknown Heirs, Executors,Administrators and.Devisees of the Estate of Robert P. Weaver,Deceased, in the amount as set forth in the Plaintiffs Complaint together with ongoing interest at the rate of$13.65 per day; additional late fees; additional attorneys' fees; additional escrow advances; additional corporate advances; any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of 631 Gates Lane, Enola, PA 17025. BY THE COURT: AIL Jr h. 4 J. cc: (Troy Freedman, Esquire STERN&EISENBERG,PC 1581 MAIN STREET, SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215)572-5025 EMAIL: tfreedman(a sterneisenbern.corn The Unknown Heirs,Executors,Administrators and Devisees of the Estate of Robert P. Weaver, Deceased 631 Gates Lane Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION LSF8 Master Participation Trust ❑Confessed Judgment Plaintiff ❑Other , File No. 13-3397 Civil ui CD The Unknown He`��s ; Executors , .rT le_ s Administrators . & Devisees of Amount Due $88,705.00 =tom t r from 11/8/13-3/12/14 -�_' .`• De en an Interest --� Deceased @ $13.80 per diem=$1,7 2A :3: y j- Address: Atty's Comm -�-_ 631 Gates Lane Costs , Enola, PA 17025 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) See full legal description attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County,for debt,interest 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 pendens Rga-kst re s the defendant(s)described in the attached exhibit. Date 11/7/13 Signature: :.'.., - Print Name: Andrew J. Mar sq. �G7��•��� a Address: 1581 Main , Ste 200 Warrington, PA 18976 S h t Attorney for: Plaintiff Telephone: 215-572-8111 � s ' ft (� Supreme Court ID No: 312314 /03, '7S 3 a 7S 47 , 5-6 S& << C, 12 1 R8vao c � � ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as "Gateway Condominium" located in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. State.An 3101 et seq. (Purdon Sup. 1985), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated October 2, 1986, and recorded on December 12, 1986, in Miscellaneous Book 327,Page 90, and all of said Declaration amendments previously recorded. AND BEING DESIGNATED as Unit No. 16 with a proportionate undivided 2.6316% interest in the Common Elements of such Condominium as set forth in such Declaration as so amended and as further amended by any further amendments thereto hereafter recorded in the aforesaid office. UNDER AND SUBJECT, nevertheless, to all covenants, restriction, rights of way, easements and agreements of record, if any, as they may appear. BEING Cumberland County Parcel ID#09-12-2993-026-016 BEING Known and Numbered as 631 Gates Lane,Enola,PA 17025 BEING the same premises which Robert P.Weaver,an individual,by Deed dated June 11,2003,and recorded March 9,2004,in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 262,Page 44, as Instrument No. 2004-008438,granted and conveyed unto Robert P.Weaver and Tina Marie Askins,Joint Tenants with The Right of Survivorship,in fee. STEVEN K.EISENBERG,ESQUIRE(75736) ; 4 M.TROY FREEDMAN,ESQUIRE(85165) r �_ T I01 ) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) i 3 PJJ E ANDREW J.MARLEY(312314) STERN&EISENBERG,PC Ji E � C�r ti COUNT',' 1581 MAIN STREET,SUITE 200 P E,1 i1 s t LVA N 1 A 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 LSF8 Master Participation Trust Civil Action: 13-3397 Civil V. The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased MORTGAGE FORECLOSURE Defendant(s) 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 631 Gates Lane,Enola,PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased 631 Gates Lane Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased 631 Gates Lane Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Capital One Bank 140 East Shore Drive Glen Allen, VA 23059 Midland Credit Management, Inc. 5775 Roscoe Court San Diego, CA 92123 Midland Credit Management, Inc. c/o Wolpoff&Abramson, LLP 4660 Trindle Rd., Ste. 300 Camp Hill, PA 17011 LVNV Funding, LLC c/o Apothaker and Assoc. 2417 Welsh Road, Ste. 21 Philadelphia, PA 19114 LVNV Funding LLC 9700 Bissonet, Suite 200 Houston,TX 77036 Applied Card Bank 601 Delaware Ave#100 Wilmington, DE 19801 Applied Card Bank c/o Michael Ratchford, Esq. 1729 Pittston Avenue Scranton, PA 18505 4. Name and address of the last recorded holder of every mortgage of record: PNC Bank, National Association Consumer Loan Center 2730 Liberty Avenue Pittsburgh, PA 15222 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: Internal Revenue Service Federated Investors Tower 13th FL., Ste. 1300 1001 Liberty Avenue Pittsburgh, PA 19130 AscensionPoint Recovery Services, LLC On behalf of GE Consumer Finance 200 Coon Rapids Blvd., Ste. 200 Coon Rapids, MN 55433-5876 Gatesway Townshouses 651 Herrin Ln Enola, PA 17025-1614 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) Bureau of Individual Taxes 631 Gates Lane Inheritance Tax Division Enola, PA, 17025 P.O. Box 280601 Harrisburg, PA 17128-0601 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: / `7 13 STERIISE ER CPC A01A / TN of pNNg'rly BY: cN � S�p� EN K. EISENBE G, ESQUIRE 0000 NpS W\P'N- N,tah qu ;;C1 �ourm 0�4 M. TROY FREEDIVI , ESQUIRE 01A�E�'to�lo."I C) \N 31,2 Wad nEx ��e' ❑ JACQUELINE F. NALLY, ESQUIRE M �omml S ❑ LESLIE J. RAS SQUIRE ❑CHRISTINA C. VIOLA, ESQUIRE 0 ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff Sworn subscribed before me this Day of 2013. Notary Public STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) f ? CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) ri ` P STERN&EISENBERG,PC l{�A i; ,, 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 fDENIINSYLVANIA TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY LSF8 Master Participation Trust V. Civil Action: 13-3397 Civil The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased 631 Gates Lane Enola, PA 17025 Your real estate at 631 Gates Lane , Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, March 12, 2014 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $88,705.00 obtained by LSF8 Master Participation Trust 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 LSF8 Master Participation Trust Civil Action: 13-3397 Civil V. The Unknown Heirs,Executors,Administrators and Devisees of Robert P. Weaver,Deceased MORTGAGE FORECLOSURE Defendant(s) RE: PREMISES: 631 Gates Lane ,Enola,PA 17025 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 12, 2014 at 10:00 A.M. at Sheriff's 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$88,705.00 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. STERN&E ERG,P BY: ❑ 4<VEN K.EISENBERG,ESQ ❑ M.TROY FREEDMAN,ES U ❑ JACQUELINE F. McNAL SQUIRE ❑ LESLIE J.RASE,ESQ ❑ �IRISTINA C. VIO ,ESQUIRE ®'ANDREW J. MARLEY,ESQUIRE Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3397 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LSF8 MASTER PARTICIPATION TRUST Plaintiff(s) From THE UNKNOWN HEIRS,EXECUTORS,ADMINISTRATORS&DEVISEES OF THE ESTATE OF ROBERT P.WEAVER,DECEASED (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: $88,705.00 L.L.: $.50 Interest FROM 11/8/13-3/12/14 Atty's Comm:@$13.80 PER DIEM=1,711.20 Due Prothy: $2.25 Atty Paid: $341.10 Other Costs: Plaintiff Paid: Date: 11/8/2013 David D. B ell,Prothonota (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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ; CIVIL ACTION-LAW CHRISTINA C. VIOLA, ESQUIRE mco c,nr`" -- -�cn STERN AND EISENBERG, PC may- CO ? 1581 Main Street, Suite 200 .. � Warrington, PA 18976 3:>c) a (215) 572-8111 ?' ro I.D. #308909 —``< c.r, - LSF8 Master Participation Trust Civil Action: 13-3397 Civil Plaintiffs) V. MORTGAGE FORECLOSURE The Unknown Heirs, Executors, Administrators and Devisees of Robert P. Weaver, Deceased Defendant(s) CERTIFICATE OF SERVICE I, CHRISTINA C. VIOLA, ESQUIRE, attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendant(s) by certified mail, return receipt requested and regular, first-class, postage prepaid mail on January 8, 2014. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on January 8, 2014, as evidenced by copies of certificate of mailing and certified mail receipts attached.' %EN:E:GPC BY: CHRIPATV 7.0110 L! , ESQUIRE Attorney for Plaintiff 1-8-14 u 0 Lt. :a •' • r:'L: U. S.POSTAGE BOWES eiii„,...„=.„,..... ,,,,-, ,8 9 2. --', ell elice:di c ao y ,-. •. ''•Y ZIP 18976 $ 00/ .14° 10 `��� \ .k: r.. 02 1w - a) \ s • ':1- 0001371685JAN. 08. 2014 , �u) ��, - b W fae C �L O y U a �8�6 0 %l Q/m m >rn u a u 4 o ft i o= c1� f"II N u'1", '.a °' F' ° a > E = U o "M 0 ' ~ III"or NC m > 1? -� 1 o v A o . W5 x ° Q � u .:= J � ? aSwA� dc = q � 6. v Q 0:.u � ti c v 0.w - O , ( 4L v o u ao A gc o 'V orQC- ` U v) 077 OW ,> Z > j a O 3 . C 3.. W vC E Q oN o U oU C G- ill w E o o0U c () m i N a _ Q n LU Q03 al .... m mm . _7 m O u. uum m O � c a N J u) - a. c m mm 0 � = W a a p �: v Z' r m¢ :cc m •- a CA d ci m o m 5 C0c .N �w W N IX d E E E o Ott.k m M. W o II- o ti 7m E-8 , U. ° 9., LL Q o O a'2 > 11. W E W i v `o U N w_• u v n• V w .E u °c4 9LL2 S009 0000 0E92 ETOL - Eo o Q n. a`) H % o 7 N y Q 0 O `j id U e ^ e D d v • .0 W N ; %°' d NC . 8 3 0 y O 't,'. CD ` 0 y W° ? w ' U y 2, uE- "oa' u o a . �o �ti a uo O u ) > is v v ' 0 d W 7 ` ." O Cc y ..1 as C.) 7u ' .VO id o N C M ° SC' fL _ �o M 7 > N W Qa V zo y ,....-6 a4 N -1•O a'^ ...1 7 O G C N cn ^ .c W. T C �a- . '.. v O o p a o C > "" c pN co >0. u u a c N - v)Wu < v 3C . e u V Q c° u" a c.r 2 i 0 Q d M QQ ,o C E ai m U U o o° g�< 3 W w � Lav u,] es uU v d v F . u y b o,.1 u O O � 0 ,� 7 r.- u d 0 4)w o c y Y. 0 � mvo v ww Cn c `' a Q U y 0 ° a 0 ° .. y �TE ` . W g x a .- c• , ° N � -�- • O u.. CC .- bD o OD •C Q en c3 Ic « o CO- C o 713" + E • Y a- as 0 O • 'y O vi V p O � X o mc. a u s 7� a > 3 co y ° y _� „ CO Q a O N .o.° 6 t-). _..o u x of a 8 cv v.0 o N U.0 U..) go rd' m-d W y 0 gx•-C E .6-6- oW ;cc�,� g o >°xU a UMy ;v o '-- o ° x E EZ^ HE u- = o : x V Wi z �� cN . t,"C1 C .o' 0xA = H�W 00 a cn UUUOU C .E.n. ec zo.�3 4t * * * * * * * * * * * * * * u w K * * * * * * * * * * * Ce o K * * * * * * * * * * * Q W C...)>- ' u a� r cV W C N en - VI L4 a C M 'n t� O, ^ O_. d z-1-1 B •O Za0 • Ronny R g►nderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE PROTHONOTARY ofIi Y-.6 PH 2:C1 CUMBERLAND COUNTY PENNSYLVANIA Household Finance Consumer Discount Company vs. Robert P Weaver, Deceased, Unknown Heirs, Executors, Case Number 2013-3397 SHERIFF'S RETURN OF SERVICE 01/09/2014 10:46 AM - Deputy Jamie DiMartle, 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 631 Gates Lane, East Pennsboro - Township, Enola, PA 17025, Cumberland County. 02/07/2014 02:12 PM - Deputy Tim Black, 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: Robert P Weaver, Deceased, Unknown Heirs, Executors„ pursuant to Order of Court by "Posting" the premises located at 631 Gates Lane, East Pennsboro Township, Enola, PA 17025, 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 $ 50,000.00 to Attorney Steven Eisenberg, on behalf of LSF8 Master Participation Trust, being the buyer in this execution, paid to the Sheriff the sum of $ 04/11/2014 Proposed Schedule Of Distribution Posted SHERIFF COST: $2,467.04 SO ANSWERS, May 01, 2014 RONNY R ANDERSON, SHERIFF - c9 -s-- pot . 60 . 4-4 94? -31 AO 3 bs s3 c)`ountySu: e Sfteritf. TeIeosoft, Inc. On November 15, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 631 Gates Lane, Enola, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: November 15, 2013 By: Real Estate Coordinator LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-3397 Civil Term Household Finance Consumer Discount Company vs. Robert P. Weaver, Deceased, Unknown Heirs, Executors, Administrators and Devisees Atty.: Steven Eisenberg ALL THAT CERTAIN unit in the property known, named and identi- fied in the Declaration referenced to below as "Gateway Condominium" located in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. State. An 3101 et seq. (Purdon Sup. 1985), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated October 2, 1986, and recorded on December 12, 1986, in Miscella- neous Book 327, Page 90, and all of said Declaration amendments previ- ously recorded. AND BEING DESIGNATED as Unit No. 16 with a proportionate undivid- ed 2.6316% interest in the Common Elements of such Condominium as set forth in such Declaration as so amended and as further amended by any further amendments thereto hereafter recorded in the aforesaid office. UNDER AND SUBJECT, never- theless, to all covenants, restriction, rights of way, easements and agree- ments of record, if any, as they may appear. BEING Cumberland County Par- cel ill# 09-12-2993-026-016. BEING Known and Numbered as 631 Gates Lane, Enola, PA 17025. BEING the same premises which Robert P. Weaver, an individual, by Deed dated June 11,2003, and re- corded March 9, 2004, in the Office of the Recorder of Deeds in and for 79 Cumberland County in Deed Book 262, Page 44,as Instrument No. 2004-008438, granted and conveyed unto Robert P. Weaver and Tina Ma- rie Askins, Joint Tenants with The Right of Survivorship, in fee. 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, Editor SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 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 the PatnotMNcws 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. ayl wit. aauayt :poll Plop )o au' UJa]SaA1 am uo found R n, ,aa c,n• t013-3397 Civil Ter Household Finance Consumer Discount Company Vs Robert P. Weaver, Deceased, Unknown Heirs, Executors, Administrators and Devisees Atty: Steven Eisenberg ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as "Gateway Condominium" located in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted r to the provisions of the.Peynsylvania Uniform Condominium Act, 68 Pa. Cons. State. An 3101 et seq. (Purdon Sup. 1985), by the recording in the (ICS,... ..t •t.., n grs:la,, sc ro-'g t. - - This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Swosubscribed before e th 8d yof February, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Wash?ngton Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER. PENNSYLVANIA AScn(SATTON OF NOTARIEF 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 LSF8 Master Participation Trust 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 8th day of November, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 3397, at the suit of LSF8 Master Part Trust against Robert P Weaver, exor is duly recorded as Instrument Number 201409327. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of , A.D. 020 /f . ,A‘ / ecorder o : • • s, Cumberland County, Carlisle, PA My Commis ion Expires the First Monday of Jan.2018 ecorder of Deeds