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HomeMy WebLinkAbout13-5016 ' Supreme Court. of Pennsylvania Cout' Co mm" ',, Pleas For Prothonotary Use Only: v --o F eet �,. CU' 1•;RLAN�.f County Docket No: The information collected on this form is used solely for court administration puf poses. This form does not supplement or replace the filing and service qfpleadings or other papers as required b , law or rules o court. Commencement of Action: S ❑x Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: BANK OF AMERICA, N.A., AS Lead Defendant's Name: RODNEY P. MYERS A/K/A C SUCCESSOR BY MERGER TO BAC HOME LOANS RODNEY MYERS T SERVICING, LP F/K/A COUNTRYWIDE HOME I LOANS SERVICING, LP Dollar Amount Requested: El within arbitration limits Are money damages requested? E) Yes Z No 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Esq., Id. No.312174, Phelan Hallinan, LLP ❑ 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 ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections • Nuisance ❑ Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/ Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Quiet Title ❑ Other: ❑ Legal ❑ Medical ❑Other: ❑ Other Professional: I Pa.R.C.P. 205.5 Updated 01/01/2011 fD 0 .1 1 - H ONO lial 2"0 3 f EC 2:3 rk II 10: 16 `I'dMB�RLr ND CCU1*4CY Pf`N NIA PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215 -563 -7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO, TX 75024 TERM Plaintiff NO. / 9 - kS N U� V. CUMBERLAND COUNTY RODNEY P. MYERS A/K/A RODNEY MYERS 738 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065 -1139 SYNTHIA J. MYERS 738 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065 -1139 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE o Otu�f File #: 819109 �-a qy� 1. Plaintiff is BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: RODNEY P. MYERS A/K/A RODNEY MYERS 738 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065 -1139 SYNTHIA J. MYERS 738 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065 -1139 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/25/2008 RODNEY P. MYERS A/K/A RODNEY MYERS and SYNTHIA J. MYERS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORP., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200825989. By Assignment of Mortgage recorded 01/27/2012 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201202735.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, File #: 819109 directly or through an agent, has possession of the promissory note. The promissory note is either made payable to BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP or has been duly endorsed. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage as of 06/18/2013: Principal Balance $122,189.03 Interest $24,488.82 06/01/2010 through 06/30/2013 Late Charges $237.66 Property Inspections $15.00 Escrow Deficit $8,762.71 TOTAL $155,693.22 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File k 819109 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $155,693.22, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: ZiZL Jq,Ahan Lobb, Esq., Id. No.312174 Attorney for Plaintiff File #: 819109 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon situate in the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania, bounded and described pursuant to a survey by Thomas A. Neff, Registered Surveyor, dated August 10, 1973, and approved by the Planning Commission of Dickinson Township, Cumberland County, Pennsylvania, on August 14, 1973. BEING known as Parcel #08 -12- 0338 -067 BEING more commonly known as 738 SANDBANK ROAD BEING further the same land and premises which RODNEY P. MYERS A/K/A RODNEY MYERS and Synthia J. Myers, husband. and wife, by a Deed dated 11/10/04 and recorded 11/19/04 in Deed Book 266, page 1649 did grant and convey unto Synthia J. Myers, her heirs and assigns. PROPERTY ADDRESS: 738 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065 -1139 PARCEL #08 -12- 0338 -067. File #: 819109 VERIFICATION Q wh aW , hereby states that he(a is Y3tU of BANK OF AMERICA, N.A., Plaintiff in this matter, that he/ he is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 1 5 O Name: BYAYIG 4 fo(Yt U UJ;Amj Title: f}SS&Jagt Tlu frv- SIGUR} BANK OF AMERICA, N.A. File#: 819109 Name: MYERS File #: 819109 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 819109 FORM 1 IN THE COURT OF COMMON PLEAS BANK OF AMERICA, N.A., AS SUCCESSOR BY OF CUMBERLAND COUNTY, PENNSYLVANIA MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff(s) T � G3 VS. r- ro G -fC 3,- C'j RODNEY P. MYERS A/K/A RODNEY MYERS f` SYNTHIA J. MYERS Defendant(s) �4ivil { s NOTICE OF RESIDENTIAL MORTGAGE FORECLOSMEP -- DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial 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 a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: �2 3 i Date Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I • Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3 . Monthly Gross Monthly Net Additional Income Description (not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 °d Mortga ge Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. _ S pending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION fie , 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 counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff ' 1, 7 .� ti�t� aura 04t, y s Jody S Smith 710 2� Chief Deputy `° ' 1, Richard W Stewart JF �3EF,1 � U ,^r1 ; , Solicitor )- - 'EP"' '+ V ;• Bank of America, N.A. Case Number vs. Rodney P Myers (et al.) 2013-5016 SHERIFF'S RETURN OF SERVICE 09/20/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Rodney P Myers, 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 738 Sandbank Road, Dickinson Twp., Mt. Holly Springs, PA 17065. Property was found to be vacant. Put in for a post office check-no information was received back from USPS before paper expired. 09/20/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Synthia Myers, 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 738 Sandbank Road, Dickinson Twp., Mt. Holly Springs, PA 17065. Property was found to be vacant. Put in for a post office check-no information was received back from USPS before paper expired. SHERIFF COST: $61.91 SO ANSWERS, September 20, 2013 RONNK ANDERSON, SHERIFF (c)CountySuite Shenff.Teleosoft,Inc. F PHELAN HALLINAN,LLP Meredith Wooters,Esq.,Id.No.307207 q3 OCT 11 Ali ZZ 1617 JFK Boulevard, Suite 1400 vI One Penn Center Plaza Jot.. ' �i1� '�� � Philadelphia,PA 19103 QE.NKS\IVANA Meredith.Wooters@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR : COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS : SERVICING, LP F/K/A COUNTRYWIDE : CIVIL DIVISION HOME LOANS SERVICING, LP Plaintiff : CUMBERLAND COUNTY vs. RODNEY P.MYERS : No. 13-5016 CIVIL A/KIA RODNEY MYERS SYNTHIA J.MYERS • • Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN, LLP 1 l By: ALL! LL// JAY, / Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Date: I 61/ON /bsp, Svc Dept. File#819109 a u,- r IL_ r t PRO IHHJNO t,, PHELAN HALLINAN,LLP 211 3 OCT 2 I All 10: 42 Adam H.Davis,Esq.,Id.No.203034 1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 Adam.Davis @PhelanHallinan,com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR : COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS : SERVICING, LP F/K/A COUNTRYWIDE : CIVIL DIVISION HOME LOANS SERVICING, LP Plaintiff : CUMBERLAND COUNTY vs. • RODNEY P. MYERS A/K/A RODNEY : No. 13-5016 CIVIL MYERS SYNTHIA J.MYERS • • Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN,�LLP By: G%� 64 - L v ,a at 1_ Adam H. Davis, Esq., Id. No.203034 �j / Attorney for Plaintiff Date: / D//D(�t3 /knm, Svc Dept. File#819109 ail Q l\ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff C "', x,011 cst ttrth ,. r. vy Jody S Smith v- 1 = Chief Deputy k p ! i` ' Richard W Stewart Solicitor or` 7hE ",! Bank of America, N.A. Case Number vs. 2013-5016 Rodney P Myers(et al.) SHERIFF'S RETURN OF SERVICE 10/21/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Rodney P Myers, 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 32 Center Street, Lot 17, Mt. Holly Springs Borough, Mt. Holly Springs, PA 17065. Deputies were advised by current resident, Glenn Myers that he has resided at this address for over ten years and does not know the defendant but does occasionally receives mail for the defendant. SHERIFF COST: $40.91 SO ANSWERS, October 21, 2013 RONII R ANDERSON, SHERIFF T ,osor= .,,. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ..tr of "arairtwl Jody S Smith Chief Deputy :. l Richard W Stewart Solicitor . f111, Bank of America, N.A. vs. Case Number Rodney P Myers (et al.) 2013-5016 SHERIFF'S RETURN OF SERVICE 10/23/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Synthia Myers, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 801 Sandbank Road #T-473, Dickinson Township, Mt. Holly Springs, PA 17065. 801 Sandbank Road, Mt. Holly Springs is a mobile home park this office was not provided with a lot number for the defendant and there is no on-site manager to obtain this information from. SHERIFF COST: $28.00 SO ANSWERS, October 23, 2013 RONIV R ANDERSON, SHERIFF (c)County5uite Shsr!if,'-,ieosoft.'..^ AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO F i, ',O 1 H O N O 1/ BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE PH#819109 HOME DE ENDAANTS SERVICING,LP 'SERVICE TEAM/mig i 13 NOV -3 10: t It RODNEY P.MYERS A/K/A RODNEY MYERS COURT NO.: 13-5016 CIVIL j i`� b COUNTY SYNTHIA J.MYERS PENNSYLVANIA SERVE RODNEY P.MYERS A/K/A RODNEY MYERS AT: TYPE OF ACTION 416 SPOONBILL DR XX Mortgage Foreclosure SEBRING,FL 33875-6238 XX Civil Action SERVED Served and made known to RODNEY P. MYERS A/K/A RODNEY MYERS, Defendant on the ,36 day of 0(.406,r- ,20 13,at y: 3 O,o'clock_e.M.,at(//(P 5)5anh,t/ £k., ri+ig J FL ,in the manner described below: �C Defendant personally servec. Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 5(h Height 5 '�l " Weight 1 Race W Sex 1� Other t c.Chat i no 9las5e5 I, 1��?{ / /6 c/60 ,a competent adult,being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the m n r as set forth erem issued in the captioned `/ case on the date and at the address indicated above. / / - //ttj f 5 1/ –�Sworn to and subs ribed / before me this ( day 41,Atop, — of ) J J ,20'3 ,�,�,��, LINDA Y.NICKELL .•" ray. l►A :° 'IA Notary Public-State of Florida Notary: By: �._ _ 7 i• . My Comm.Expires Jun 11,2017 NOS I Commission#FF 025979 On the day of ,20_,at o'clock–1 M.:fiW &laded rnrok4,� �t eby state that Defendant NOT FOUND because: • — - �� — Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at ,• at Service Refused Other: Sworn to and subscribed before me this day of ,20 . By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Zuckerman,Esq.,Id.No.309519 Daniel G.Schmieg,Esq.,Id.No,62205 Melissa J.Cantwell,Esq.,Id.No.308912 Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 John M.Kolesnik,Esq.,Id.No.308877 Jenine R.Davey,Esq.,Id.No.87077 Matthew G.Brushwood,Esq.,Id.No.310592 Lauren R.Tabas,Esq.,Id.No.93337 Zachary J.Jones,Esq.,Id.No.310721 Jay B.Jones,Esq.,Id.No.86657 Justin F.Kobeski,Esq.,Id.No.200392 Andrew L.Spivack,Esq.,Id.No.84439 Adam Davis,Esq.,Id.No.203034 JOSEPH E.DEBARBERIE,Esq.,Id.No. 315421 i-,F fHE PROTHONOTAI-, PHELAN HALLINAN,LLP Adam H.Davis,Esq.,Id.No.203034 2013 NOV 14- AM 10. 17 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza 'CUMBERLAND COUNTY Philadelphia,PA 19103 PENNSYLVANIA Adam.Davis@PhelanHallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE CIVIL DIVISION HOME LOANS SERVICING, LP Plaintiff CUMBERLAND COUNTY vs. RODNEY P. MYERS A/K/A RODNEY No. 13-5016 CIVIL MYERS SYNTHIA J.MYERS Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN,LLP By: Adam H. Davis,Esq., Id. No.203034 Attorney for Plaintiff Date: /nru,Svc Dept. File#819109 F7�$,d , C,k-,# IgIO-1 f )1 Da SHERIFF'S OFFICE OF CUMBERLAND COUNTY qq Ronny RAnderson ,. THE PROTHONOTARY ..ART), Sheriff �c���ti, Cliw+cr�;�r Jody S Smith 2513 DEC —6 PH 12 C I Chief Deputy C A'*9 Richard W Stewart r. CUMBERLAND COUNTY Solicitor OF Ft"::OFTFIE SKSRiFF PENNSYLVANIA Bank of America, N.A. vs. Case Number Rodney P Myers(et al.) 2013-5016 SHERIFF'S RETURN OF SERVICE 11/22/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Synthia Myers, 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 801 Sandbank Road Lot 4, Dickinson Township, Mt. Holly Springs, PA 17065. Deputies spoke with defendant by phone and she provided an address of 416 Spoonville Drive, Seabring, Florida 33875. 11/25/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Synthia Myers, in the following manner: On November 25, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 416 Spoonville Dr., Seabring, FL 33875. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Synthia Myers on November 29, 2013. SHERIFF COST: $42.88 SO ANSWERS, December 03, 2013 RONNY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete nature item 4 if Restricted Delivery desired. ( ❑Agent Y • Print your name and address on the reverse IPA • j%AAA� C A ❑Addressee so that we can return the card to you. B eceiv:.by(Pr1 d Name) C. Dete of D livery ■ or this f card to the back it the mailpiece, ,j (/}e f (1 or on the front if space permits. t �(�( �'`_J D. Is delivery address different from item 1? C 1 1. Article Addressed to: If YES,enter delivery address below: ❑No M �� �\D Synthia Myers /� 416 Spoonville Dr. Seabring, FL 33875 3. Service Type -- — - --— 0 Certified Mail 0 Express Mall ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes • 2. Article Number 7007 0710 :0003 2210 4839 (Transfer from service labeO I • PS Form 3811,February 2004 Domestic Return Receipt 1o2595.02-M-1540, AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY r � �f BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO i F r., �� . C BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE PH#819109 ? Tfliotl ' HOME LOANS SERVICING,LP t r'J 2 �¢'s DEFENDANT SERVICE TEAM/min ti (� I� ' � : RODNEY P.MYERS A/K/A RODNEY MYERS COURT NO.: 13-5016- ��E� SYNTHIA J.MYERS �E����l��j:? �©Uf�{J'Y SERVE SYNTHIA J.MYERS AT: TYPE OF ACTION ����N1A 416 SPOONBILL DR XX Mortgage Foreclosure SEBRING,FL 33875-6238 XX Civil Action SERVED Served and made known to SYNTHIA J.MYERS,Defendant on the T day of 20 ,at oZ 9L'5,o'clock R.M.,at qj1 SW Ilbi 1) y se b�iru,r CL ,in the manner described belo Defendant personally served. /Adult family member with whom/Defendant(s)reside(s). Relationship is �/LU S�Ofi.t 41— _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age S S Height 5'11) "Weight 1 F10 Race W Sex M Other I, k�-_m 1 klO4-0 , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed befg,w me this yday r•,..•�W,ti UNOA Y NICKELL of Notary Punhi ,:ate of Florida •=My Comm 1c,,a tun t t Notary By: r'+. ?`•' Commisswn M FF 0259'4 v De the day O t o c o , , a competent adult hereby state that Defendant NOT FOUND because: Vacant —Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of ,20_. By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Mario J.Hanyon,Esq.,Id.No.203993 Daniel G.Schmieg,Esq.,Id.No.62205 John M.Kolesnik,Esq.,Id.No.308877 Michele M.Bradford,Esq.,Id.No.69849 Matthew G.Brushwood,Esq.,Id.No.310592 Judith T.Romano,Esq.,Id.No.58745 Zachary J.Jones,Esq.,Id.No.310721 Jenine R.Davey,Esq.,Id.No.87077 Justin F.Kobeski,Esq.,Id.No.200392 Lauren R.Tabas,Esq.,Id.No.93337 Adam Davis,Esq.,Id.No.203034 Jay B.Jones,Esq.,Id.No.86657 Joseph E.DeBarberie,Esq.,Id.No.315421 Andrew L.Spivack,Esq.,Id.No.84439 One Penn Center at Suburban Station 1617 John F.Kennedy Blvd., Suite 1400 Philadelphia,PA 19103-1814 T i PHELAN HALLINAN, LLP _! wl i(j T,-r\ Attorney for Plaintiff Emily M. Phelan, Esq., Id. No.315250 1617 JFK Boulevard, Suite 1400 ► � DEB 2E PIM 1' One Penn Center Plaza L A N" C 0 I,�,, Philadelphia, PA 19103 „ � ��� �l A emily.phelan @phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION VS. No. 13-5016-CIVIL RODNEY P. MYERS A/K/A RODNEY MYERS SYNTHIA J. MYERS PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RODNEY P. MYERS A/K/A RODNEY MYERS and SYNTHIA J. MYERS, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $155,693.22 TOTAL $155,693.22 1 hereby certify that (1) the Defendants'last known addresses are 416 SPOONBILL DRIVE, SEBRING, FL 33875-6238 and 738 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065-1139, and (2) that notice has been given ' ccordance with Rule Pa.R.C.P 237.1. Date Emily M. Phelan, Esq., Id. No.315250 Attor for P intiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: l y "� PH#819109 PROTHONOTARY S� pd a 8191090,kw (3gsQ k 2 3oa�a 7 rVe PHELAN HALLINAN,LLP Attorney for Plaintiff Emily M.Phelan,Esq., Id. No.315250 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 emily.phelan@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A.,AS CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS CIVIL DIVISION SERVICING,LP No. 13-5016-CIVIL VS. RODNEY P. MYERS A/K/A RODNEY MYERS SYNTHIA J.MYERS AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendants RODNEY P. MYERS A/K/A RODNEY MYERS and SYNTHIA J. MYERS are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant RODNEY P. MYERS A/K/A RODNEY MYERS is over 18 years of age and the last known addresses of the defendant are 416 SPOONBILL DRIVE, SEBRING, FL 33875-6238 and 738 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065-1139. (c) that defendant SYNTHIA J. MYERS is over 18 years of age and the last known addresses of the defendant are 416 SPOONBILL DRIVE, SEBRING, FL 33875-6238 and 738 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065-1139. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. __q iql Date Phe an allinan, LLP Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 819109 Department of Defense Manpower Data Center Results as of:Feb-24-201401:17:54 AM SCRA 3.0 S 6 Repint Pursumt to Servicemembers Civil Relief Act Last Name: MYERS First Name: RODNEY Middle Name: P Active Duty Status As Of: Feb-24-2014 s, On Active Duty On active Duty Stags 77 7 Active Du fait Date Active Du Date =a Status. Servce Co vent _..NA �NA NA This response reflet,Me individuals'active duty status based on the Active DL C tatus Date Lett Active Duty With in 367 Days of Active Duty Status Date .';Active Dutp Start Date Active Duty End Date Status Service Ccmponemi NA NA `No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Noted of a.Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date .Order Notification End Date status service Component. NA NA No NA This response reflects whether the individual or his/her unit has received ear nc'tifiCatfon to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 4112 a A��_ ar +'" Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Feb-24-2014 03:01:12 AM SCRA 3.0 Repmt Pumant to S ielememben Civil Relief Act Last Name: MYERS First Name: RODNEY Middle Name: Active Duty Status As Of: Feb-24-2014 On Active Duty On Active Duty Status Date '. -; ��'� �•..' -'', ' AtflWe'Du Stad Date ` Active D uty End Date'. Status Saiv t iienf NA NA• NA This response reflects the'16dividuals'active duty status based on the Active Duty Status Date Left Active Outy Within 367 Days of Active Duty State§Data Active Duty Stad Date Active Du End Hate status Seivtce Co nerd .. NA NA No NA This response reflects where the individual left active du ty.status w4hin'367-days preceding the Active Duty Status Date The Member or HisfHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data,Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. YI • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Feb-24-2014 01:17:47 AM SCRA 3.0 S R Purswmt to Servicemembers Civf Relief Act Last Name: MYERS First Name: SYNTHIA Middle Name: J Active Duty Status As Of: Feb-24-2014 Dn Active Duty On Active Duty Status Date Ardive t)t)�Statt Date:', Active D End Date Status Ser ii( Cb nerit .' NA NA No NA This response reflects the individuals'active.duty status based"on the Active Duty$Talus Date Leh Active Duty Within 367 Days of Active Duty Status Date Active D `Statt Daka, . Active D' End Date Status serva Component NA NA "1'No NA This response reflects where the individual left active duty within 367 days preceding the Active Duty Status Date The Member or HislHer Unit Was Notified of a Future Call-Op to Active Duty on Active Duty Status Date Order Notification Stan Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. , • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA,N.A.,AS CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION VS. No. 13-5016-CIVIL RODNEY P. MYERS A/K/A RODNEY MYERS SYNTHIA J. MYERS Notice is given that a Judgment in the above captioned matter has been entere against you on--,�7 - A By. If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 819109 BANK OF AMERICA,N.A., AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP F/K/A COUNTRYWIDE HOME LOANS- SERVICING,LP NO. •13-5016-CIVIL Plaintiff V. CUMBERLAND COUNTY RODNEY P.MYERS A/K/A RODNEY MYERS SYNTHIA J.MYERS Defendartt(s) . TO: RODNEY P.MYERS A/K/A RODNEY MYERS 416 SPOONBILL DRIVE -SEBRING,FL•33875-6238 .DATE•QF NOTICE: 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. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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. 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 REDUCEDTEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 jV (7]7)249-3166 By: Emily M.Phelan,Esq.,Id. No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#819109 BANK OF AMERICA, N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP FIK/A COUNTRYWIDE HOME LOANS SERVICING,LP NO. 13-5016-CIVIL Plaintiff ' V. CUMBERLAND COUNTY RODNEY P.MYERS A/K/A RODNEY MYERS SYNTHIA J.MYERS Defendant(s) TO: RODNEY P.MYERS A/K/A RODNEY MYERS 738 SANDBANK ROAD . MOUNT HOLLY SPRINGS,PA 17065-1139 DATE-OF NOTICE: !. 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. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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 PAPER TO YOUR LAWYER AT ONCE: IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TY-I1S 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 Emily M.Phelan,Esq.,Id. No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#819109 BANK OF AMERICA,N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP F/K/A-COUNTRYWIDE HOME LOANS _ SERVICING,LP NO. 13-5016-CIVIL Plaintiff- v. CUMBERLAND COUNTY RODNEY P.MYERS A/K/A RODNEY MYERS SYNTHIA J.MYERS Defendant(s) , TO: SY14THIA J.MYERS 416 SPQbNBILL DRIVE •SEBRING,FL 33875-6238 DATE OF NOTICE• 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. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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.THI$ PAPER TO YOUR LAWYER AT ONCE., IF YOU DO NOT HAVE A LAWYER,.GO TO QR 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 MAYBE ABLE TO PROVIDE.YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Emily M. Phelan,Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#819109 BANK OF AMERICA,N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP NO. 13-5016-CIVIL Plaintiff V. CUMBERLAND COUNTY RODNEY P.MYERS A/K/A RODNEY MYERS SYNTHIA J.MYERS Defendant(s) . TO: SYNTHIA J.MYERS . 738 SANDBANK ROAD " MOUNT HOLLY SPRINGS,PA'17065-1139 DATE OF NOTICE• 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. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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 PAPER-TO YOUR LAWYER AT ONCE.- IF YOU DO NOT i-IAVE 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 RE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: _ :. ... .... .. -- Find., 11.Phelan,Esq.,Id. No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#819109 Lu19 t3:,i 21 010. 1 PENNSYLVANIA PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 Joseph E. DeBarberie, Esquire,No. 315421 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of America,N.A., as Successor by Merger to BAC Home Loans Servicing, LP : Court of Common Pleas f/k/a Countrywide Home Loans Servicing, LP 7105 Corporate Drive : Civil Division Plano, TX 75024 Plaintiff : Cumberland County vs. : No. 13-5016-Civil Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065-1139 Defendants MOTION FOR ORDER DECLARING HOME AS REAL PROPERTY AND NOW COMES Plaintiff, Bank of America, N.A. as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, by its attorneys, Phelan Hallinan, LLP, and hereby moves this Honorable Court for an Order declaring the manufactured or mobile home is a fixture and permanently attached to and part of real estate, and in support thereof avers: 819109 1. By deed dated July 25, 2008, Defendants, Rodney R. Myers a/k/a Rodney Myers and Synthia J. Myers, acquired title to the property located at 738 Sandbank Road, Mount Holly Springs, PA 17065-1139 ("the Property"). A true and correct copy of the deed is attached hereto, made part hereof, and marked as Exhibit"A". 2. A manufactured or mobile home was installed on the land and permanently affixed thereto. 3. Under Pennsylvania law, chattels permanently affixed to land become fixtures and part of the real estate. 4. All parties intended that the manufactured or mobile home become a fixture on the land and therefore become part of the real estate. 5. On or about July 25, 2008, Defendants Rodney R. Myers a/k/a Rodney Myers and Synthia J. Myers made, executed and delivered a mortgage to Mortgage Electronic Registration Systems, Inc. as Nominee for Taylor, Bean & Whitaker Mortgage Corp. in the principal sum of $132,457.00 on the Property, which mortgage was recorded on July 31, 2008 in the Office of the Recorder of Deeds of Cumberland County as Instrument Number 200825989 ("the Mortgage"). A copy of the Mortgage redacted to remove confidential information is attached hereto, made part hereof, and marked as Exhibit "B". 6. Mortgage Electronic Registration Systems, Inc. as Nominee for Taylor, Bean & Whitaker Mortgage Corp. delivered an Assignment of Mortgage to Plaintiff, which assignment was recorded on January 27, 2012 in the Office of the Recorder of Deeds of Cumberland County as Instrument Number 201202735. A copy of the Assignment of Mortgage redacted to remove confidential information is attached hereto, made part hereof, and marked as Exhibit "B 1". 819109 13. Defendants defaulted on the mortgage payments, and remain due and owing to Plaintiff for the July 1, 2010 payment and each payment thereafter. 14. On or about August 23, 2013, Plaintiff filed a complaint in mortgage foreclosure. A true and correct copy of the complaint is attached hereto, made part hereof, and marked as Exhibit"G". 15. Defendants failed to respond to the Complaint and Plaintiff obtained an in rem default judgment against Defendants on February 26, 2014, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "H". 16. Plaintiff is requesting a Court Order declaring that the manufactured or mobile house is a fixture, and therefore part of the real estate, so that a buyer of the Property at Sheriff s Sale will acquire clear title to the house and land. 17. If the requested relief is not granted, Plaintiff will not get the full benefit of the collateral for the loan, as the parties intended. 18. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Equitable Conversion and Order to the Defendants on March 12, 2014 and requested the Defendants concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"I". 19. No judge has previously entered a ruling in this case. 819109 WHEREFORE, Plaintiff Bank of America, N.A. as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP respectfully requests that this Honorable Court declare that the land at 738 Sandbank Road, Mount Holly Springs, PA 17065- 1139 with a tax parcel I.D. number of 08-12-0338-067, and the manufactured or mobile home which is permanently affixed thereto, is one parcel of real estate and further order and decree that title to said fixture is not subject to separation from land and that title to said dwelling will pass to a buyer at Sheriff's sale. Respectfully submitted, PH LAN H9ALLINAN, LP Date: By: A AI en R. Tabas, Esquire Jo -ph E. DeBarberie, Esquire Attorneys for Plaintiff 819109 PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 Joseph E. DeBarberie, Esquire,No. 315421 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP : Court of Common Pleas f/k/a Countrywide Home Loans Servicing, LP 7105 Corporate Drive : Civil Division Plano, TX 75024 Plaintiff : Cumberland County vs. : No. 13-5016-Civil Rodney R. Myers a/k/a Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065-1139 Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER DECLARING HOME AS FIXTURE I. FACTS AND PROCEDURAL HISTORY By deed dated July 25, 2008, Defendants, Rodney R. Myers a/k/a Rodney Myers and Synthia J. Myers, became owners of the property located at 738 Sandbank Road, Mount Holly Springs, PA 17065-1139 ("the Property"). See Ex. A. A manufactured or mobile home was 819109 installed on the land and permanently affixed thereto. All parties intended that the manufactured or mobile home become a fixture on the land and therefore become part of the real estate. On July 25, 2008, Rodney R. Myers a/k/a Rodney Myers and Synthia J. Myers made, executed and delivered a mortgage on the Property to Mortgage Electronic Registration Systems, Inc. as Nominee for Taylor, Bean & Whitaker Mortgage Corp. in the principal amount of $132,457.00, which was recorded on in the Office of the Recorder of Deeds of Cumberland County as Instrument Number 200825989 ("the Mortgage"). See Ex. B. Mortgage Electronic Registration Systems, Inc. as Nominee for Taylor, Bean & Whitaker Mortgage Corp. delivered an Assignment of the Mortgage to Plaintiff, which assignment was recorded on January 27, 2012 in the Office of the Recorder of Deeds of Cumberland County as Instrument Number 201202735. See Ex. B 1. All parties to the Mortgage intended that it would encumber and be a lien against the entire real estate of Defendants, both land and fixtures. In anticipation of the Mortgage loan, the Property, both land and house together, was appraised. See Ex. C. Defendants executed a Manufactured Home Rider as part of the Mortgage, wherein the Defendants agree the manufactured home is an improvement to the land and an immoveable fixture considered as real estate. Plaintiff recently obtained photographs of the house which reflect front, side, and back porches, fencing, landscaping, detached buildings, and permanent utility hookups which show the home's permanent affixation to the land. See Ex. D. The Property has been assessed in part for "land value," and in part for "building value," under tax parcel identification number 08-12- 0338-067. See Ex. E. Plaintiff inquired of the Pennsylvania Department of Transportation ("PennDOT") and was informed that there is a 2002 Redman Mobile Home registered in the 819109 Defendants' name. See Ex. F. The Defendants have agreed to supply all necessary documentation needed to perfect title to the manufactured home. See Ex. B. Defendants are in default under the terms of the Mortgage by failing to make payments due and owing to Plaintiff for July 1, 2010 and each month thereafter. On August 23, 2013, Plaintiff filed a complaint in mortgage foreclosure against Defendants. See Ex. G. Defendants failed to respond to the Complaint and Plaintiff obtained an in rem default judgment against Defendants on February 26, 2014. See Ex. H. Because the house is a manufactured or mobile home, a third-party purchaser of the Property may not be able to obtain insurable title. An issue that creates unmarketable or uninsurable title, such as here, is a cloud on title. Plaintiff is requesting the entry of a Court Order declaring the real estate to include both the house and land, so that the buyer of the Property at Sheriff's Sale will acquire clear title to the house and land and will be able to obtain an owner's policy of title insurance. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. II. LEGAL ARGUMENT A. Chattels Affixed to Land Become Fixtures Thereon and Part of the Real Estate. The purchasers of the manufactured or mobile home intended that it be permanently affixed to the land and the parties to the Mortgage intended that the improvement be included as security for the Mortgage loan. In Pennsylvania, a chattel can become a fixture through at least two ways: first, if the chattel is physically connected with real estate but is removable without destroying or materially injuring the chattel or the land, then the intention of the parties at the time of annexation controls, and second, if the chattel is annexed to the land in such a way that it 819109 cannot be removed without material injury to the land or itself then it is realty even despite a contrary intention. See Clayton v. Lienhard, 312 Pa. 433, 167 A. 321 (Pa. 1933); In re Appeal of Sheetz, Inc., 657 A.2d 1011, 1012-13 (Pa. Commw. Ct. 1995). Thus, there are at least three considerations to be made when determining whether or not a chattel becomes a fixture: (1) the manner in which the chattel is physically attached or installed, (2) the extent to which it is essential to the permanent use of the building or other improvement, and (3) the intention of the parties who attached or installed the chattel. See Sheetz, 657 A.2d at 1013 (quoting Gore v. Bethlehem Area Sch. Dist., 113 Pa. Commw. Ct. 394, 537 A.2d 913, 915 (Pa. Commw. Ct. 1988)). As the Superior Court noted, whether a manufactured or mobile home is "permanently attached to land" must be determined from all the facts and circumstances. See Lantz Appeal, 199 Pa. Super. 310, 184 A.2d 127, 129 (Pa. Super. Ct. 1962) (deciding whether house trailers at issue were real estate for tax assessment purposes). The permanence required does not mean perpetuity; intentions that the item is to remain until worn out, remain until the purpose of the realty is accomplished or changed, or remain until the item is superseded by another item more suitable for the purpose would be sufficient. See Custer v. Bedford County Bd. of Assessment & Revision of Taxes, 910 A.2d 113, 117 (Pa. Commw. Ct. 2006); Sheetz, 657 A.2d at 1013. Likewise, the Mortgage covers the land and "all the improvements now or hereafter erected on the property...and fixtures now or hereafter a part of the property." "Improvement" has been defined as a "permanent addition to or betterment of real property that enhances its capital value and that involves the expenditure of labor or money and is designed to make the property more useful or valuable as distinguished from ordinary repairs." See Groner v. Monroe Cnty. Bd. of Assessment Appeals, 569 Pa. 394, 803 A.2d 1270, 1273 (Pa. 2002) (quoting Spahr- 819109 Alder Grp. v. Zoning Bd. of Adjustment of Pittsburgh, 135 Pa. Commw. 561, 581 A.2d 1002, 1004 (Pa. Commw. Ct. 1990)) (deciding whether building renovations were "improvements" which would be cause for tax reassessment). Here, the purchasers of the manufactured or mobile home and the parties to the Mortgage have manifested their intent that the dwelling be permanently affixed to the land. Cf. 72 P.S. § 5020-201(a) (including as subject to taxation "all real estate, to wit: Houses, house trailers and mobilehomes buildings permanently attached to land or connected with water, gas, electric or sewage facilities . . . ."); Lower Merion Twp. v. Gallup, 158 Pa. Super. 572, 46 A.2d 35, 36 (Pa. Super. Ct. 1946) (finding that house trailers are simply "mobile houses [and] . . . as much a dwelling as any house" and are "dwellings" under building code). As to the manner in which the home is physically attached to the land, photographs of the Property show that there are utility hookups, a front, side, and back porches, fencing, and a permanent foundation; the interior of the dwelling is replete with the amenities of any other home. The home does not have any wheels or axe's and would require effort and expense to detach and prepare for transit. The home cannot be removed without damaging the home by disconnecting the hookups or by damaging the land by leaving an unused foundation and porch. Further, removal of the home would materially alter the character of the real estate. Unlike chattels considered in other cases, the home here is the entire building and is the essential use of the land. A manufactured or mobile home is installed so that the land may be used in a residential manner; without the home, the essential function of residential real estate fails. Finally, the intention of the parties at the time of annexation is seen through the nature of the improvement and its attachment to the land. Here, the owners of the land decided to purchase a manufactured or mobile home in order to use the Property as a residence. If they had constructed 819109 a home, there would be no question that the house was a fixture of the real estate. Further, the parties to the Mortgage intended that the home would be a fixture and considered both the home and the land as part of the Property for appraisal and security purposes. The home is an improvement to the land as it is an entirely new structure added to the land to enhance its value and increase its utility. Additionally, the Property has been assessed as improved property for real estate tax purposes. Therefore, the manufactured or mobile home is a fixture or improvement on the land which is encumbered by the Mortgage, the home is part of the real estate, and title to the home will pass to a buyer upon execution in this mortgage foreclosure action. B. The Rules of Civil Procedure Allow This Court to Grant Relief in Aid of Execution in Mortgage Foreclosures and Declaratory Judgments as Ancillary Relief in Civil Actions. Pennsylvania Rule of Civil Procedure 3118 is designed to give the court "broad discretion to provide relief in aid of execution," even though limited to preserving the status quo pending execution. See Nat'l Recovery Sys v. Pinto, 18 Pa. D. & C.3d 684, 686-87 (Pa. Ct. Corn. Pl. 1981). As the Superior Court has stated, "the value of proceedings in aid of execution is that they provide a speedy means for the judgment creditor to obtain satisfaction of his judgment without resort to `full dress equity proceedings.' Chadwin v. Krouse, 254 Pa. Super. 445, 386 A.2d 33, 37 (Pa. Super. Ct. 1978). Specifically, Rule 3118 provides that: On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person . . . (2) enjoining the transfer, removal, conveyance, assignment or other disposition of property of the defendant subject to execution; (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or 819109 attached; . . . and (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P. No. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment and (2) property of the debtor subject to execution. See Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322, 326 (Pa. Super. Ct. 1993). In this case, an underlying judgment was entered in favor of the Plaintiff and against the Defendants. See Ex. H. Moreover, the mortgaged property at 738 Sandbank Road, Mount Holly Springs, PA 17065-1139, is property of the Defendants and is subject to attachment and execution. Further, the order Plaintiff seeks will preserve the status quo pending execution by providing the manufactured or mobile home cannot be separated from the land. The order merely confirms the intentions of the parties prior to this action and does not change the status of any party or require moving or conveying any property. The order will protect Plaintiff's collateral from being split and conveyed or removed. See Pa.R.C.P. No. 3118(a)(2). Therefore, Rule 3118 allows this Court to grant relief to aid in the execution of the Property. Additionally, Pennsylvania Rule of Civil Procedure 1602 states that a party may include a prayer for declaratory relief in any action at law or in equity. The Rules of Civil Procedure are to be "liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding." Pa.R.C.P. No. 126. And further, "the court at every stage of any such action or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties." Id. Under the Declaratory Judgments Act, courts "have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed." See 42 Pa. C.S. § 7532. The Pennsylvania Superior Court has held that the Declaratory Judgments Act is to be liberally construed. See Doe v. Johns-Manville Corp., 324 Pa. Super. 469, 471 A.2d 819109 1252, 1254 (Pa. Super. Ct. 1984). In addition, the Declaratory Judgments Act is intended to provide relief from uncertainty. See Curtis v. Cleland, 122 Pa. Commw. 328, 552 A.2d 316, 318 (Pa. Commw. Ct. 1988). In the instant case, Plaintiff is seeking an order declaring the status of the manufactured or mobile home as a fixture. This order will settle the expectations of any potential purchaser at Sheriff's sale. Additionally, Defendants, as owners and mortgagors of the manufactured or mobile home and the land to which it is affixed, and Plaintiff, as mortgagee of the real estate and a creditor seeking to execute its judgment, are all parties to this action and the only parties who have an interest that would be affected by the declaration. See Pa.C.S. § 7540. Defendants are parties to the Mortgage and its origination, knew and intended that the Mortgage would cover the manufactured or mobile home, and have been aware of this foreclosure action since its inception. Further, the Court's order will protect Plaintiff and potential purchasers from the uncertainty that the home may be removed from the land before the new owner obtains possession. Finally, the order would clear the cloud on title creating uncertainty surrounding the insurance of any future conveyances by a title insurance company. Accordingly, the Declaratory Judgments Act allows the Court to enter an order declaring the Defendants' manufacture or mobile home is a fixture, and therefore part of the real estate, and to provide relief to the Plaintiff from the uncertainty associated with selling a manufactured or mobile home to a third party. 819109 WHEREFORE, Plaintiff Bank of America, N.A. as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP respectfully requests that this Honorable Court declare that the land at 738 Sandbank Road, Mount Holly Springs, PA 17065- 1139 with a tax parcel I.D. number of 08-12-0338-067, and the manufactured or mobile home which is permanently affixed thereto, is one parcel of real estate and further order and decree that title to said fixture is not subject to separation from land and that title to said dwelling will pass to a buyer at Sheriff's sale. Respectfully submitted, PHELAN HALLINAN, LLP Date: 3 2 d L en R. Tabas, Esquire Jo ph E. 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MYERS, a married woman, (hereinafter called the Grantor) SYNTHIA J. MYERS and RODNEY MYERS, wife and husband, (hereinafter called the Grantee) Witnesseth That the said Grantor(s)for and in consideration of the sum of ONE($1.00)Dollars lawful money of the United States of America,unto them well and truly paid by the said Grantee(s),at or before the sealing and delivery hereof,the receipt whereof is hereby acknowledged,have granted,bargained and sold, released and confirmed,and by these presents does grant,bargain and sell,release and confirm unto the said Grantee(s),his/her/their heirs and assigns,as Joint Tenants with the Right of Survivorship SEE EXHIBIT "A" *This transaction is tax-exempt as it is between husband and wife* 06/19/2013 9:59 34 AM CUMBERLAND COUNTY Inst.#200825988-Page 1 of 6 ■ File Number: 16910 ALL that certain tract of land with the improvements thereon situate in the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania, bounded and described pursuant to a survey by Thomas A. Neff, Registered Surveyor, dated August 10, 1973, and approved by the Planning Commission of Dickinson Township, Cumberland County, Pennsylvania, on August 14, 1973. BEING known as Parcel#08.12-0338-067 BEING more commonly known as 738 SANDBANK ROAD BEING further the same land and premises which Rodney P. Myers and Synthia J. Myers, husband and wife, by a Deed dated 11/10/04 and recorded 11/19/04 in Deed Book 266, page 1649 did grant and convey unto SYNTHIA J. MYERS a married woman, her heirs and assigns. 06/19/2013 9:59 34 AM CUMBERLAND COUNTY Inst.#200825988-Page 2 of 6 Together with all and singular the improvements,ways,streets,alleys,driveways,passages,waters, water-courses,rights,liberties,privileges,hereditaments and appurtenances,whatsoever unto the hereby granted premises belonging,or in any wise appertaining,and the reversions and remainders,rents, issues,and profits thereof;and all the estate,right,title,property,claim and demand whatsoever of the said Grantor(s)as well at law as in equity,of,in,and to the same. To have and to hold the said lot or piece of ground above described with the improvements, hereditaments and premises hereby granted,or mentioned,and intended so to be,with the appurtenances,unto the said Grantee(s),their heirs and assigns,to and for the only proper use and behoof of the said Grantee(s),their heirs and assigns,forever. And the said Grantor(s)does by these presents,covenant,grant and agree,to and with the said Grantee(s),their heirs and assigns that the said Grantor(s)all and singular the Hereditaments and premises herein above described and granted,or mentioned and Intended so to be with the Appurtenances unto the said Grantee(s)his/her/their heirs and assigns,against the said Grantor(s)and against all and every Person or Persons whomsoeve lawfully claiming or to claim the same or any part thereof,by from or under them or any of them,shall and will WARRANT and forever DEFEND. 06/19/2013 9.5934 AM CUMBERLAND COUNTY Inst.#200825988-Page 3 of 6 In Witness Whereof,the said Grantor(s)has/have caused these presents to be duly executed dated the day and year first above written. Sealed and Delivered IN THE PRESENCE OF US: SYNTHIA J.MYERS Commonwealth of Pennsylvania CUMBERLAND COUNTY 5 On this, the4&day 2008, before me, a notary public the undersigned officer, personally appeared SYNTHIA J. MYERS known to me(or satisfactorily proven)to be the person(s)whose names is/are subscribed to the within instrument, and acknowledged that they executed the same for the purposes contained, In Witness Whereof, I hereunto set my hand and officf I seal. G i My Commission Expires: f I' c z ' otary Public COMMONWEALTH OF PENNSYIlVAnA The address of the above named G • •e( Is about to be: Notarial Seal 738 SANDBANK ROAD,MOUNT H' INGS,PA 17055 Rebecca Newcomer,Notary Public ,1 Hampden Twp•.Cumberland County My Commission Expires Jan.28,2009 Certified by: Member,Pennsylvania Association of Notaries fI11C MA,'✓ • 06/19/2013 9:59.34 AM CUMBERLAND COUNTY inst.#200825988-Page 4 of 6 DEED SYNTHIA J. MYERS, to SYNTHIA J. MYERS and RODNEY MYERS. PREMISES: 738 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY Tax ID#08-12-0338-067 RECORDED in Deed Book , page , GIVEN under my hand and seal of the said office,the date above written RECORDER OF DEEDS 06/19/2013 9:59:34 AM CUMBERLAND COUNTY lest.#200825988-Page 5 of 6 ROBERT P. ZIEGLER RECORDER OF DEEDS u , CUMBERLAND COUNTY 1 COURTHOUSE SQUARE ' '.! CARLISLE, PA 17013 ' ;'' _ 717-240-6370 ti ' Instrument Number-200825988 Recorded On 7/31/2008 At 10:19:51 AM *Total Pages-6 *Instrument Type-DEED Invoice Number-26156 User ID-JM *Grantor- MYERS,SYNTHIA J *Grantee-MYERS,SYNTHIA J *Customer-HUNTER TITLE AGENCY *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10 .00 JUSTICE DO NOT DETACH RECORDING FEES — $13.50 RECORDER OF DEEDS This page is now part AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2. 00 of this legal document. ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $0.00 DISTRICT DICKINSON TOWNSHIP $0.00 TOTAL PAID $40.50 I Certify this to be recorded in Cumberland County PA RECORDER O D EDS *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1II 1111111111111 06/19/2013 9:59:34 AM CUMBERLAND COUNTY Inst.#200825988.Page 6 of 6 f'Lr, �fit. 3 _ + r z i S ..•. -�'•pp ; 7 �' )aA' t �-t - a+2•s. � I'u t .P �'iz-�y4s77+ r r roT a i' u At-' S o k �>� 7:t+ `t Y `. / ,.,••. •. ).1-;e'..:•• .. • ''''.. • --4 I! ••' ' • .• -•:• •• --: .... • ' : • .•• ..:r...,-.. •••meftpl • •.-• -‘..• - , -:s• ••''.• -4,-,..'•-- v,,- y ,-..: f a. «�,t' .t:i �:yfi •i•.5 ::,1=,,. R j,har.• y{�,,���.J� 1 ., �l 5 f'F': }I y -A 7 tF f£ M.'y.`'~ty 'Y• r ' ,• °ms`r:.. s ..w�f �,.-P? teh ryZ,;. :.am .. s tis 1�.y.s.rl t s a r: k B�•:t.":11,--.,-i. 0. `� ' t ' ate !x. `y:• ,., } ','-:,2:y l3 t:':•F .yYaftfi? ',•Yy:f 9f f.0 YN�! }• wt • • ,.y� a.'b ulb t • f: X<;�.::. ..`.. 7 Fri f a 0 4.kte h: x rs + •4 .• :J l :. �,v K )- aS,S'h':::•:;a i:;y,•y,y', ' '`.; xt9'rf'N 7 • yY H' s ti .:.^ „T rY z ; a�>px,94 '" ,¢ r "t t..f_J, j3 mss) .-irat , •:: ,i•.a. 3�: ' h 1f •,:r% ff ��L .1 3` Z �~ ice. 1ti• ° sf".:yi ...hiti1� x Iv; r x ', .@S •;:t R.:, si S f+ '.:lie/+3e tl���,.j�•i� ` Yp^'.• ..yam:'Y X.' N !+ W' may,. .' •l•L.t rt, :.;'v::1 atfii. Y M" -•Jr'i l •`1..-.;r• S fi-4 - ..,;0,,:.,:,.7.,,i L `St "..1.-':',1, + A?•••• •• •'':`„Y`'' 6'�'•g•.Y �6$' 4' '41L': w� .'t q13.4z 1 ....:i.. ' 1•;:j, -•'.•,, ,.rr ' ,,,•7 .7 r ; sr{Y. . 'Y r t:/4fW r M tfr;y: •-'• ,ky ,.•. � N 7 � •�` ; x dy 3 ?k e .•L`, y v: :v,,c,,x.s .''. ly�s-" ∎ • k '34.k ' 1 ' •:,..• i. fs t :: '.x .,:a?: ,4.x. . • to,y[. c" Ai• 4. .?,'•ass !OKs F 411 1 • F r 1 nu;a 't •+ 4 ;t it F ROBERT P.ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 40.1. A 1 COURTHOUSE SQUARE CARLISLE,PA 17013 r~�'�" 717-240-6370 Instrument Number-200825989 Recorded On 7/31/2008 At 10:19:52 AM *Total Pages- 13 Instrument Type-MORTGAGE Invoice Number-26156 User ID-JM * 4ortgagor-MYERS.RODNEY P *Mortgagee-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC *Customer-HUNTER TITLE AGENCY *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES .- $27.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 This page is now part COUNTY ARCHIVES FEE $2.00 of this legal document. ROD ARCHIVES FEE $3.00 TOTAL PAID $54.50 I Certify this to be recorded in Cumberland County PA y 4 RECORDER 0 D EDS v7i l ve- / 1750 .. -Information denoted by an asterisk may change during the verification process and may out be reflected on this page. 000XXM li IIII 10101 ll I I1 Ill I 06/19/2013 10:0423 AM CUMBERLAND COUNTY Inst.#200825969-Page 13 of 13 Prepared By:Taylor,Bean&Whitaker Mortgage Corp. 1417 North Magnolia Ave Ocala,FL 34475 Return To HUNTER TITLE AGENCY,INC 2091 N.SPRINGDALE ROAD,SUITE 17 CHERRY HILL,NJ 08003 Parcel No.: NA ISpace Above This List For Rssordloa Dual MORTGAGE FHA CASE NO. THIS MORTGAGE("Security instrument")is given on July 25,2008 The mortgagor is RODNEY P MYERS and SYNTHIA J MYERS ('Borrower").This Security Instrument is given to Mortgage Electronic Registration Systems,Inc.("MERS"),MERS is a separate corporation that is acting solely as nominee for Lender and Lender's successors and assigns.MERS It the mortgagee under this Security Instrument.MERS is organized and existing wader the laws of Delaware,and has an address and telephone number of P.O.Box 2026,Flint,MI 48501-2026,tel.(888)679'MERS.Taylor,Sean& Whitaker Mortgage Corp. ("Lender")is organized and existing under the laws of FL ,and has an address of 1417 North Magnolia Ave,Ocala,FL 34475 Borrower owes Lender the principal stmt of One Hundred Thirty Two Thousand Four Hundred Fifty Seven and rrol100 Dollars(U.S.$132,457.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ('Note"), which provides for monthly payments, with the tall debt, if not paid earlier, due and payable on August 01,2023 .Thie Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications of the Note; (b)the payment of all other sums,with interest,advanced under paragraph 7 to protect the security of this Security Instrument;and(c)the performance of Borrower's covenants and agreements under this 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 Cumberland County,Pennsylvania: PCNNSYI.VA•IA FHA MORTGAGE 696 7,rb�,(eK.) 111111111111111�11111111Ill111R1111II11011111I1111I1I1 °� 06/19/2013 1004:23 AM CUMBERLAND COUNTY Inst.#200825989-Page 1 of 13 Sea Attached Exhibit A. which has the address of 738 SAND BANK ROAD tsumq Mount Holly Springs ,Pennsylvania 17085 ("Property Address"); Icily] [Zip cods] TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements, appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument AU 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 Instttunent,but,if necessary to comply with law or custom,MERS(as nominee for Lender sod Lender's successors and assigns)liar the right:to exercise any or all of those interests,including, but not limited to,the right to foreclose and sell the Property;and to take any action required of Lender including,but not limited to,releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,except for encumbrances of record.Borrower warrants and wilt.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 and Late Charge.Borrower shall pay when due the principal of, and interest on,the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes,Insurance,and Other Charges.Borrower shall include in each monthly payment,together with the principal and interest as set forth in the Note and any late charges,a sum for(a)taxes and special assessments levied or to be levied against the Property,(b)leasehold payments or ground rents on the Property,and(c)premiums for insurance required under paragraph 4. to any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development("Secretary"),or in any year an which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,or(ii)a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,in a reasonable amount to be determined by the Secretary, Except for the monthly charge by the Secretary,these items are called "Escrow Items"and the sums paid to Lender are called"Escrow Funds." Lender may,at any time,collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate rrra'SYLVAh1A FHA MORTGAGE Mans Wwq)oc." imM zrrsu OW) Map.7 d e.) 06/19/2013 10:04:23 AM CUMBERLAND COUNTY Inst.#200825989-Page 2 of 13 Settlement Procedures Act of 1974, 12 U.S.C. §2601 et seq.and implementing regulations,24 CFR.Part 3500,as they may be amended from time to time("RESPA"),except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow hems exceed the amounts is permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA,If the amounts of funds held by Lender at any time aro not sufficient to pay the Escrow Items when due,Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA, The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument.If Borrower tenders to Lender the full payment of all such stuns,Borrower's account shall be credited with the balance remaining for all installment items(a),(b),and(c)and any mortgage insurance premium installment that Lender has not become obligated to pay to the Sxretary,and Lender shall prvutptly refund any excess funds to Borrower,Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items(a),(b),and(c). 1 Application of Payments.All payments under paragraphs 1 and 2 shall be applied by Lender as follows: FIRST,to the mortgage insurance premium to be paid by Lender to the Secretary or to the mwnthly charge by the Secretary instead of the monthly mortgage insurance premium; SECOND.to any taxes,special assessments,Leasehold payments or ground rents,and rue, flood and other hazard insurance premiums,as required; THIRD,to interest due under the Note; FOURTH,to amortization of the principal of the Note;and FIFTH,to late charges due under the Note. 4. Fire, Flood and Other Hazard losuraace, Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies,including fire,for which Lender requires insurance.This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property,whether now in existence or subsequently erected,against loss by floods to the extent required by the Secretary.All insurance shall be carried with companies approved by Lender.The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of.and in a form acceptable to,Lender. In the event of loss,Borrower shall give Lender immediate notice by mail.Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender,instead of to Borrower and to Lender jointly.All or any pan of the insurance proceeds may be applied by Lender,at its option,either(a)to the reduction of the indebtedness under the Note and this Security Instrument,first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal,or(b)to the restoration or repair of the damaged Property.Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which arc referred to in paragraph 2,or change the amount of such payments.Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness,all right,title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5, Occupancy,Preservation,Maintenance.and Protection of the Property;borrower's Loan Application; Leaseholds, Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument(or within sixty days of a later sale or transfer of the Property)and shall continue to occupy the Property as Borrower's principal residence for at PENNSYLVANIA FHA MORTGAGE MCRS %WOO f• ITEM 27151.3 IOBrn i (Pgm 5o1 06/19/2013 10:04:23 AM CUMBERLAND COUNTY Inst.#200825959-Page 3 of 13 least one year after the date of occupancy,unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances.Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate,reasonable wear and tear excepted.Lender may mapect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property.Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence.If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease,If Borrower acquire,fee title to the Property,the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation.The proceeds of any award or claim for damages,direct or consequential, in connection with any condemnation or other taking of any part of the Property,or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3,and then to prepayment of principal.Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under tie Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Leader's Rights In the Property,Borrower shall pay all governmental or municipal charges,fines and impositions that are not included in paragraph 2.Borrower shall pay these obligations on time directly to the entity which is owed the payment.If failure to pay would adversely affect Lender's interest in the Property,spot]Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments, If Borrower fails to make these payments or the payments requited by paragraph 2,or fails to perform any other covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations),then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property,including payment of taxes,hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument.These amounts shall bear interest from the date of disbursement at the Note rate,and at the option of Lender shall be immediately duo and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which rn the Lender's opinion operate to prevent the enforcement of the Lien;or(c)secures from Use holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 daya of the giving of notice. g. Fees.Lender may collect fees and charges authorized by the Secretary. PENNSYLVANIA FHA MORTGAGE MEAS TEM 17eSl.,liar'} (Peer 0/R) 06/19/2013 10.04 23 AM CUMBERLAND COUNTY Inst.#200825989-Page 4 of 13 9. Grounds for Acceleration of Debt. (a)Default.Lender may,except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all stuns secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment,or (ii)Borrower defaults by failing,for a period of thirty days,to perform any other obligations contained in this Security Insuument, (b)Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d)of the Gam-St.Germain Depository Institutions Art of 1982,12 U.S.C.1701j-3(d)) and with the prior approval of the Secretary,require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property,ors beneficial interest in a trust owning all or part of the Property,is sold or otherwise transferred(other than by devise or descent),and (ii)The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property,but his or her credit has not been approved in accordance with the requirements of the Secretary, (c)No Waiver,If circumstances occur that would permit Lender to require immediate payment in full,but Lender does not require such payments,Lender does not waive its rights with respect to subsequent events. (d)Regulations of HUD Secretary.hi many circumstances regulations issued by the Secretary will limit Lender's rights,in the case of payment defaults,to require immediate payment in full and foreclose if not paid.This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e)Mortgage Not Insured.Borrower agrees that if this Security Instrument and the Nate are not determined to be eligible for insurance under the National Housing Act within sight months From the date hereof,Lender may,at its option require unmediate payment in full of all sums secured by this Security Instrument.A written statement of any authorized agent of the Secretary dated subsequent to eight months from the date hereof,declining to insure thia Security Instrument and the Note,shall be deemed conclusive proof of such ineligibility.Notwithstanding the foregoing,this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary, 10, Reinstatement.Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument.This right applies even after foreclosure proceedings are instituted.To reinstate the Security Instrument,Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including,to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding.Upon reinstatement by Borrower,this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (I)Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement wilt preclude foreclosure on different grounds in the future,or(iii)reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance by Lender Not a Waiver, Extension of the time of payment or modification of amortization of the soars secured by this Security lnstrwnem granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any PENNSYLVANIA FHA MORTGAGE Meas O.Nteoci ITEM 311x5,o®f1 flip 5 of 0) 06/1912013 10.04.23 AM CUMBERLAND COUNTY Inst.#200825989-Page 5 of 13 successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender is exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions of paragraph 9(b,'.Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note:(a) is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the 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 may agree to extend,modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices,Any notice to Borrower provided for in this Security [astnunent shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower.My notice provided for in this Security Iostromcnt shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law;Severabillly.This Security Instrument shall be governed by federal law and the taw of the jurisdiction in which the Property is located.In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy.Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances.Borrower shall not cause or permit the presence,sae,disposal,storage, or release of any Hazardous Substances on or in the Property.Borrower shall not do,nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of 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.If Borrower learns,or is notified by any governmental or regulatory authority, that any removal or other remedistion of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all accessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and :he following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fomtaidehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents.Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property.Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents.However,prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security PENNSYLVANIA F114 MORTGAGE MERE onarnop" ,TEM 27761.6(WW1 iv .betel • OBi 19(2013 10:04:23 AM CUMBERLAND COUNTY lrtst.tf 200825989-Page 6 of 13 Instrument,Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower.This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a)all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only,to be applied to the sums secured by the Security Instrument. (b)Lender shall be entitled to collect and receive all of the rents of the Property;and(c)each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant Borrower has not executed any prior assigrunent of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon,take control of or maintain the Property before or after giving notice of breach to Borrower,However,Lender or a judicially appointed receiver may do so at any time there is a breach.Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender.This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure.If Lender requires immediate payment in full under paragraph 9,Lender may foreclose this Security Instrument by judicial proceedings. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph IS, including,but not limited to, attorneys'fees and costa of title evidence to the extent permitted by applicable law, If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994("Act") (12 U.S.C. 3751 el seq)by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act.Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. Release,Upon payment of all sums secured by this Security Instrument,this Security Instrument and the estate conveyed shall 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 lot services rendered and the charging of the fee is permitted under applicable law. 20. 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. 21, Reinstatement Period,Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22, Purchase Money Mortgage.If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage, 23. Interest Rate After 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 ander the Note. PcNNSYLVAr M FHA MORI'CA GE MESS a«am. ITEM 2770L1 1011011 (r3e170111 Ofi/1 812013 10,04.23 AM CUMBERLAND COUNTY )nsl.#200825989•Page 7 01 13 24. Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as lithe ridcr(s)were a pan of this Security Instrument. (Check applicable box(es)). i Condominium Rider Graduated Payment Rider r Growing Equity Rider ❑Planned Unit Development Rider u Adjustable Rate Rider E3 Rehabilitation Loan Rider Non-Owner Occupancy Rider ©Other(Specify)Manufactured Home Rider BY SIGNING BELOW,Borrower accepts and agrees to the terms contained in pages 1 through 9 of this Security Instrument and in any rider(s)executed by Borrower and recorded with it. ./tr 1 r'f :,V) 6' (Seal) \ Seal) PtiODNEY P MYERS / -BOrrowrr S'NTHIA J MYERS -Borrower (Seat) (Sea l) .Borrower -Bonuwcr (Seal) (Seal) .Borrower -Borrower $♦geed,sealed and delivered in the presence of: i%LA.ec w:e,err Winless PENNSYLVANIA FHA MORTC.4GE MER5 orMtoow° rrEM :W 27)SreD11 (Pie. at P) 06(19/2013 10:04:23 AM CUMBERLAND COUNTY Inst.#200825989-Page 8 of 13 State of { r ( County of(yt>h.Iiai.-vL"'^-C. 1 On this the r,)S‘1-'‘ day of ! ` ) 1`'` ,before rue, 1411 (.L(-- ktaCOf1OO-/ 1 l Ci , r ca...t,c,U the undersigned officer.personally appeared ► ed,' r ' J , known to me(or satisfactorily proved)to be the person(s)whose name(s) subscribed to the within instrument and aclmowledged that Y e-+-L executed the same for the purposes therein contained O IN WITNESS WHEREOF,I hereunto set my harr4d official seal, i(Ilii 1 n ...----viLt4/.4._)(4,Y,I...9\ COMMONWEALTH OF PF_NNSYLVANIA Notarial Seal L ' L� ���a 1 Rebecca Neweomet,Notary Pubiie Tide ofOfflwr +I Hemoden Twp„Cumberland County MY Camoosswu Expires Jan.28,2009 Mee+Der.Pemsyivama Asseverton of Nolan. My comunission expires: 4- z3 e '0 CI CERTIFICATE OF RESIDENCE L a'"" i tf(,LNJerV do hereby certify that the correct address of the within tamed lender is 14 North Magnolia Ave,Ocala, FL 34475 J Witness my hand Ibis -2‘ day of 111 ti'`✓$ •! Agri of Lender PENNSYLV APIA PHA MORTGAGE vacs orsam"- Nit9 , nEU zz2,761.9(401) a% nFH4i901R 111114.23 AM CUMBERLAND COUNTY Inst.#200825989•Page 9 of 13 MANUFACTURED HOME RIDER STATE OF PA ss: COUNTY OF Cumberland ) This Manufactured Home Rider is made on this day 7/25roee. 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 Taylor.Beep&Whitaker Mortgage Core, (the "Lender) of the same date and covering the Properly described in the Security Instrument which is located at: 738 SAND BANS ROAD,Mount Holly Sydney.PA 17065 Borrower and Lender agree that the Security Instrument is amended and supplemented to read as follows; A. The Property covered by the Security Instrument(referred to as"Property'in the Security Instrument) includes,but Is not limited to the Manufactured Home (Serial Number: ,Model: Make: ,Year: ,Size: ,) LabeUSeal No.: affixed to the property legally described In the Security Instrument. • B. Additional Covenants of Borrower I. Borrower will comply will all state and local laws and regulations regarding the affixation of the Manufactured Home to the properly described in the Security Instrument including,but not limited to, surrendering the Certificate of Title(if required)not obtaining and recording the requisite governmental approval and accompanying documentation necessary to classify the Manufactured Home as real • property under state and local law,Including a statement of ownership and location. 2. The Manufactured Home described above will be, at all times and for all purposes, permanently affixed to and part of the property described in the Security Instrument. 3. Affixing the Manufactured Home to the property described in The Security Instrument does not violate any zoning laws or other local requirements applicable to manufactured homes. Before me,the undersigned authority duly authorized to take acknowledgments and administer oaths personally appeared RODNEY P MYERS,SYNTHLA J MYERS ("Affiants")who,upon being duly sworn,depose and say as follows: 1. Affiants hereby certify that,upon taking title to the property described above,they will do the following: The manufactured home will be permanently part of the real property that secures the Security Instrument executed on 712512008 All necessary documentation required will be supplied to perfect title In the Manufactured home. Manufactured Home Is an Improvement to the land and an immoveable fixture considered as real estate. 2. Affiants acknowledge that this Affidavit of Intent is given as a material inducement to cause Taylor.Bean&Whitaker Mortbaoo Cora. to make a mortgage loan to Affiants and that any false statements,misrepresentations or material omissions shall constitute a breach of the Afltant'e obligation to Taylor.Bean&Whitaker Mortgage Corp. and that all the provisions of the mortgage indenture concerning default on the Promissory Note will thereupon be in full force and effect. 3. Affiants further acknowledge that It is a Federal crime punishable by fine or imprisonment or both, to knowingly make any false statements concerning any of the above facts as applicable under the provisions of Title 18,United States Code,Section 1)01,at seq. C01350-Manufactured Home Rider Pape 1 of 2 I IIIIIi III(1111 lit i 11111111 II 111 III II I I II II III III! 06119%2013 10:04:23 AM CUMBERLAND COUNTY Instil 200825989-Page 10 of 13 4. The agreements and covenants contained herein shall survive the closing of the mortgage loan transaction. l 4 j . �// "1�"CZ Date 'J'� 'c ' J RODNEY PJMYERS c. I Date SYNTYN HIAD YERS Date Date Data Date State of v/ County of 1ury� The forgoing instrument was acknowledged before me this day of 4LYA.i /?. by i who Is personally known, , , me or who has produced J JJ ittion. dk (Seal) otary Public COMMONWEALTH OF PENN E V...f Notarial Seal Rebecca Newcomer.Notary Public Hampden Twp.,Cumberland County My Commission Expires Jan.28,2009 V ember,Pennsylvania Assacarlon o,Notaries C0t35L2-Manufactured Home Rider Page 2 of 2 06/19/2013 10:04:23 AM CUMBERLAND COUNTY Inst.#200825989-Page 11 of 13 File Number: 16910 Legal Description(Exhibit A) ALL that certain tract of land with the improvements thereon situate in the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania, bounded and described pursuant to a survey by Thomas A. Neff, Registered Surveyor, dated August 10, 1973, and approved by the Planning Commission of Dickinson Township, Cumberland County, Pennsylvania,on August 14, 1973. BEING known as Parcel#08-12-0338-067 BEING more commonly known as 738 SANDBANK ROAD BEING further the same land and premises which Rodney P.Myers and Synthia J.Myers,husband and wife,by a Deed dated 11/10/04 and recorded 11/19/04 in Deed Book 266,page 1649 did grant and convey unto Synthia J.Myers,her heirs and assigns. 06/19/2043 10:04:23 AM CUMBERLAND COUNTY Inst.#200825989-Page 12 of 13 YYr�.', E{,•9 ` h; .x.d:t � • �?:V:� t• s�.� : 3:i'y.'.�''+S•' ►<s`"4 .,,, ' ate':"°r,,�.>_ t.• t+��'�; • �`�:� ..:��,1 '¢ : � > • , .• •, y t �'ng_,.-w '•• ;i:j r 6 k%1:n psR•.V: r a•.w fi c. .two krp ar h rky s• f 4 a}Coy; s�`a. h.ry)::.., :.•'... :+ � :* : _` � y,\ts",y..." 2'x t r ,• t ;%nt R:M,t,...rg'','f T'u(, J 'f {,14■ f may,;,'•+ .. 4 fl+' r '# . 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ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY .`•,•, "" =�:.;:,, 1 COURTHOUSE SQUARE CARLISLE, PA 17013 ` ` 1b•' 717-240-6370 t jt g `' 7 .0 Instrument Number-201202735 Recorded On 1/27/2012 At 11;47:33 AM *Total Pages-3 *Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number- 100928 User ID-KW *Mortgagor-MYERS,SYNTHIA J *Mortgagee-BANK OF AMERICA N A *Customer-CORELOGIC *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part 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 I Nvir -,'t RECORDER O *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002JMB 111111111 DI1Ifl 1 1111 06/19/2013 10:05 02 AM CUMBERLAND COUNTY Inst.#201202735-Page 3 of 3 D:735" p 2JM6 Recording Requested By: Bank of America Prepared By: Diana DeAvila 888-603-9011 450 E.Boundary St. Chapin,SC 29036 When recorded mail to: CoreLogic 450 E.Boundary St. Attn:Release Dept. Chapin,SC 29036 111111111111(t11111(111111 VIII 11111I11II"1111 DoelD# 7 Tax ID: 08-12-0338-067 Property Address: 738 Sandbank Rd Mount Holly Springs,PA 17065-1139 Property Location: Tnwnchin of DICKINSON 1i19RVt2 This*ace for Rcco,deh uu MFRS Phone#: 888-679-6377 ASSIGNMENT OF MORTGAGE For Value Received,the undersigned holder of a Mortgage(herein"Assignor")whose address is 1901 E Voorhees Street,Suite C,Danville,IL 61834 dots hereby grant,sell,assign,transfer and convey unto BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP whose address is 451 7TH ST.SW#B-133, WASHINGTON DC 20410 all beneficial interest under that certain Mortgage described below together with the note(s)and obligations therein described and the money due and to become due thereon with interest and all rights accrued or to accrue under said Mortgage. Original Lender. TAYLOR,BEAN&WHITAKER MORTGAGE CORP. Mortgagor(s): RODNEY P MYERS AND SYNTHIA 3 MYERS Date of Mortgage: 7/25/2008 Original Loan Amount: $132,457.00 Recorded in Cumberland County,PA on:7/31/2008,bock N/A,page N/A and instrument number 200825989 This Mortgage has not been assigned unless otherwise stated below: fN I SS WHEREOF,the undersigned has caused this Assignment of Mortgage to be executed on [�22. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. By Ctl t Herrera ASSiStatnt SeuatefY 06:19/2013 10:05:02 AM CUMBERLAND COUNTY inst.#201202735-Page 1 of 3 State of California County of Ventura ��'tt On JAN 2 3 2012 before me,l....k f e (/I\ j e ,Notary Public,personally appeared CVP"iig •IrY rt.Os- ,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public: (ytk YY14NSc (Seal) My Commission Expires: (-• 4t. -1 1 hereby certify that the address of the within named assignee i � CHRISTY MORSE 451 7TEI S"f.SW#B-133,WASHINGTON DC 20410 Commission 1915314 •r a Notary Pubiie •California s Los Angeles County My Comm Expires Dec 5,2014 Signature DoclD# 06i19i2013 10:05:02 AM CUMBERLAND COUNTY lost#201202735-Page 2 of 3 yti ~ .4 r".11; ..n .. �,'a:.:,: iSc,yy. 1 ,.. . :: . tom.•g s:''" rr.' ,,.;::, 6 ; 4'.' . • '`.,••';':.:l. Q :k:y • ( 4il R• ;46 •S:.! .i- . R. 'g. a e, :.,1.,!'1.Z.!:.. i ~ °:SCE` =�f) alrn i� •:::':} .y y" V(.f.•Ap, ...r.147-4! ..i'.' :i;Y;syy 4, •,r;' r�y"ti'ei s .i; yiAir9 it '`• 'y - z ; P 3Y: r a f 7 d s x�yrx a , dr ti f.9',::, . e�+ au ty�' .:is 's' •'ixa--t,'..- 't Y.P• ,;"s • tSC - . ..,• r .x.,•'+j' :: "v#�,,.,.:-. c'4. r:.. ti 3 .. `WW K��`;`:''3L'';F!`f➢P ,�•T.}.,.. . :;;any•4 e S t.. a 'r ; ti+. .YSd�i+ kn.. 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' i ii 1 s eR _ , --- - . 1...__.p..*1 ..::: t.s .._ ,,,,,,,;,,:"."..: – ''''' ' iv _6im..___,,,, 1 a :, ,,,,;,i,u, „.,t7.1.,,,,,,. .. ,,,,,:, . ,...4.,,,,,, : ,..„.„„::..„..,,,.,:.:*„..„4., ..._ ...,.. w,,,1 it 7 t:w„,....1 ; , , . , ,'�M1P"r +tR ,� � .Y0... .., ,,,,... fat ,„ v.. € , APPRAISAL OF REAL PROPERTY LOCATED AT: 738 Sand Bank Road Deed Book 266 Page 1649 Mount Holly Springs,PA 17065 FOR: Mortgage Funding Solutions,LLC 400 Grove Road Ste 2,Paulsboro,NL AS OF: June 3,2008 BY: Susan B.Burkholder State Certified Residential Appraiser The intended user of this report is Mortgage Funding Solutions,LLC This indented use is for financing purposes only. Summary Format Form GA1—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE Diversified Appraisal Services Manufactured Home Appraisal Report File#441-8392848 The purpose of this summary appraisal report is to provide the lender/client with an accurate,and adequately supported,opinion of the market value of the subject property. Property Address 738 Sand Bank Road City Mount Holly Springs State PA Zip Code 17065 Borrower Rodney&Synthia Myers Owner of Public Record Same County Cumberland Legal Description Deed Book 266 Page 1649 Assessor's Parcel# 08-12-0338-067 Tax Year 2008 R.E.Taxes$ 2,191.68 Neighborhood Name n.a. Map Reference 12-0338 Census Tract 127 Occupant ®Owner ❑Tenant ❑Vacant Project Type(If applicable) ❑PUD ❑Condominium ❑Cooperative ❑Other(describe) u Special Assessments$ n.a. HOA$ ❑per year ❑per month m Property Rights Appraised ®Fee Simple ❑Leasehold ❑Other(describe) Assignment Type ❑Purchase Transaction ®Refinance Transaction ❑Other(describe) rn Lender/Client Mortgage Funding Solutions,LLC Address 400 Grove Road Ste 2,Paulsboro,NL Is the subject property currently offered for sale or has it been offered for sale In the twelve months prior to the effective date of this appraisal? ❑Yes ®No Report data source(s)used,offering price(s),and date(s). The subject was not listed in the Central Penn MLS on the past year. Manufactured homes located in either a condominium or cooperative project require the appraiser to inspect the project and complete the Project Information section of the Individual Condominium Unit Appraisal Report or the Individual Cooperative Interest Appraisal Report and attach it as an addendum to this report. I U did U did not analyze the contract for sale for the subject purchase transaction.Explain the results of the analysis of the contract for sale or why the analysis was not performed. n.a. Contract Price$ n.a. Date of Contract n.a. Is the property seller the owner of public record? ❑Yes ❑No Data Source(s) n.a. a Is there any financial assistance(loan charges,sale concessions,gift or downpayment assistance,etc.)to be paid by any party on behalf of the borrower? ❑Yes ❑No If Yes,report the total dollar amount and describe the items to be paid. n.a. z 8 I ❑did ®did not analyze the manufacturer's invoice.Explain the results of the analysis of the manufacturer's invoice or why the analysis was not performed. n.a. _Retailer's Name(New Construction) n.a. Note:Race and the racial composition of the neighborhood are not appraisal factors. Neighborhood Characteristics Manufactured Housing Trends Manufactured Housing Present Land Use% Location n Urban ❑Suburban Z Rural Property Values Z Increasing ❑Stable ❑Declining PRICE AGE One-Unit 70% °Built-Up ❑Over 75% Z 25-75% ❑Under 25% Demand/Supply❑Shortage ®In Balance ❑Over Supply $(000) (yrs) 2-4 Unit o Growth ❑Rapid ®Stable ❑Slow Marketing Time ❑Under 3 mths 3-6 mths ❑Over 6 mths 100 Low 5 Multi-Family % Neighborhood Boundaries The subject neighborhood is bordered by Mt.Holly Springs,Sand Bank Road, 500 High 200 Commercial % m Mountain View Road and Pine Road. 130 Pred. 25 Other 30% Neighborhood Description Rural area with stable ownership patterns within reasonable commuting distance to schools,places of worship, z shopping and transportation. Market Conditions(including support for the above conclusions) Marketing condition are good.The average marketing time is three to six months. Dimensions Irregular Area .57 acre Shape irregular View Average Srecific Zonins Classification Low Densit Residential Zoning Description Existin.use is.ermitted in this zone. Zoning Compliance®Legal ❑Legal Nonconforming(Grandfathered Use)❑No Zoning ❑Illegal(describe) Is the highest and best use of subject property as improved(or as proposed per plans and specifications)the present use? ®Yes ❑No If No,describe Utilities Public Other(describe) Public Other(describe) Off-site Improvements-Type Public Private Electricity ® ❑ Water ❑ Street Macadam ® ❑ Gas ❑ ®n.a. Sanitary Sewer ❑ E On site Alley None ❑ ❑ FEMA Special Flood Hazard Area ❑Yes ®No FEMA Flood Zone X FEMA Map# 421580 0002 b FEMA Map Date 12-19-95 Are the utilities and off-site improvements typical for the market area? ®Yes ❑No If No,describe N Is the site size,shape and topography generally conforming to and acceptable in the market area? ®Yes ❑No If No,explain Is there adequate vehicular access to the subject property? ®Yes ❑No It No,describe Is the street properly maintained? ®Yes ❑No If No,describe Are there any adverse site conditions or external factors(easements,encroachments,environmental conditions,land uses,etc.)? n Yes ®No If Yes,describe The HUD Data Plate/Compliance Certificate is located on the interior of the subject and contains,among other things,the manufacturer's name,trade/model name, year manufactured and serial number. The HUD Certification Label is located on the exterior of each section of the home. Is the HUD Data Plate/Compliance Certificate attached to the dwelling? ®Yes ❑No It Yes,identify the location.If No,provide the data source(s)for the HUD Data w Plate/Compliance Certificate information. Bedroom closet Is a HUD Certification Label attached to the exterior of each section of the dwelling? ❑Yes ®No If No,provide the data source(s)for the HUD Certification Label#'s a One HUD label was not on the home. However,the information was obtained from the HUD Compliance Certificate. o Manufacturer's Serial#(s)NIN#(s) 12239187A1 B °HUD Certification Label#(s) PPS 739552&PPS 739553 Manufacturer's Name Redman Trade/Model 68J4BDSW Date of Manufacture 1-17-02 Do the Wind,Roof Load,and Thermal Zones meet the minimum HUD requirements for the location of the subject property? ®Yes ❑No If No,explain Freddie Mac Form 708 March 2005 Page 1 of 7 Fannie Mae Form 1004C March 2005 Form 1004C—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE Manufactured Home Appraisal Report File#441-8392848 General Description Foundation Exterior Description materials/condition interior materials/condition #of Units ®One ❑Additions ❑Poured Concrete ❑Concrete Runners Skirting Conc block/Good Floors Carpet/Good #of Stones ®1 ❑2 ❑Other ®Block&Pier ❑Other-att.description Exterior Walls Vinyl siding/Good Walls Papered DrywalVGd Design(Style) Double wide ❑Full Basement ❑Partial Basement Roof Surface Shingles/Good Trim/Finish Wood/Good #of Sections ❑1 ®2 ❑3 Basement Area sq.ft.Gutters&Downspouts Alum/Good Bath Floor vinyl/Good ❑Other Basement Finish %Window Type Dbl-hung/Good Bath Wainscot D all/Good Type®Det. ❑Att. ❑S-Det/End Unit❑Outside Entry/Exit ❑Sump Pump Storm Sash/Insulated Insulated/Good Car Storage [None ®Existing❑Proposed❑Under Const.Evidence of ❑Infestation Screens Yes/Good ®Driveway #of Cars 2 Year Built 2002 Effective Age(Yrs)6 ❑Dampness El Settlement Doors Wood/Good Driveway Surface Stone Attic Z None Heating Z FWA Li HWBB 0 Radiant Amenities Li Woodstove(s)# ❑Garage #of Cars ❑Drop Stair ❑Stairs ❑Other I Fuel Gas Z Fireplace(s)# 1 ❑Fence ❑Carport #of Cars ❑Floor ❑Scuttle Cooling ®Central Air Conditioning ®Patio/Deck Wood ®Porch Covered [1 Attached ❑Detached i]Finished ❑Heated ❑Individual ❑Other ❑Pool ❑Other ❑Built-in Appliances Z Refrigerator Z Range/Oven FI Dishwasher ❑Disposal ►/Microwave ❑Washer/Dryer ❑Other(describe) Finished area above grade contains: 8 Rooms 4 Bedrooms 2 Bath(s) 1,792 Square Feet of Gross Living Area Above Grade Describe any additions or modifications(decks,rooms,remodeling,etc.) Porch,deck,patio,two storage buildings. Installer's Name Unknown Date Installed Unknown Model Year 2002 Is the manufactured home attached to a permanent foundation system? ®Yes ❑ No If No,describe the foundation sytem and the manner of attachment. N I- z z w Have the towing hitch,wheels,and axles been removed? ®Yes ❑No If No,explain 0 re a z Is the manufactured home permanently connected to a septic tank or sewage system and other utilities? ®Yes ❑No If No,explain Does the dwelling have sufficient gross living area and room dimensions to be acceptable to the market? ®Yes ❑No If No,explain Additional features(special energy efficient items,non-realty items,etc.) Patio,deck,porch. The appraiser must rate the quality of construction for the subject unit based on objective criteria(such as NA.D.A.Manufactured Housing Appraisal Guide®, Marshall& Swift Residential Cost Handbook®,or other published cost service).The appraiser must also report the source used for this quality of construction rating determination. Quality ❑Poor ❑Fair ❑Average ®Good ❑Excellent Identify source of quality rating Marshall&Swift and local contractors Describe the condition of the property(including needed repairs,deterioration,renovations,remodeling,etc.). Are there any physical deficiencies or adverse conditions that affect the livability,soundness,or structural integrity of the property? ❑Yes Z No if Yes,describe Does the property generally conform to the neighborhood(functional utility,style,condition,use,construction,etc.)? El Yes ❑No If No,describe Provide adequate information for the lender/client to replicate the below cost figures and calculations. Support for the opinion of site value(summary of comparable land sales or other methods for estimating site value) The Cost approach was not considered since this is not new construction. The land value of$40,244 was obtained from assessment records. ESTIMATED ❑REPRODUCTION OR ❑REPLACEMENT COST NEW Source of cost data Effective date of cost data Quality rating from cost service OPINION OF SITE VALUE $ Exterior Dimensions of the Subject Unit Section One 1,792 Sq.ft.@ $ $ X = Sq.ft. Section Two Sq.ft.@ $ $ X = Sq.ft. Section Three Sq.ft.@ $ $ X = Sq.ft. Section Four Sq.ft.@ $ $ X = Sq.ft. x $ Total Gross Living Area: Sq.ft. $ Other Data Identification $ N.A.D.A.Data Identification Info: Edition Mo: Yr: $ Sub-total: $ MH State: IRegion: 'Size: ft. x ft. Cost Multiplier(if applicable): x Gray pg. 'White pg. Black SVS pg. u Modified Sub-total: 15 years and older Conversion Chart pg. Yellow pg. Physical Depreciation or Condition Modifier: Comments Functional Obsolescence(not used for NA.D.A.): External Depreciation or State Location Modifier: Delivery,Installation,and Setup(not used for N.A.D.A.): $ Other Depreciated Site Improvements: $ Market Value of Subject Site(as supported above): $ Indicated Value by Cost Approach: $ Estimated Remaining Economic Life(HUD and VA only) 45 Years Summary of Cost Approach Freddie Mac Form 70B March 2005 Page 2 of 7 Fannie Mae Form 1004C March 2005 Form 1004C—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE Manufactured Home Appraisal Report File#441-8392848 There are 1 comparable properties currently offered for sale in the subject neighborhood ranging in price from$ 149,900 to$ 149,900 . There are 4 comparable sales in the subject neighborhood within the past twelve months ranging in sale price from$ 115,000 to$ 153,800 . FEATURE I SUBJECT COMPARABLE SALE#1 COMPARABLE SALE#2 COMPARABLE SALE#3 Address 738 Sand Bank Road 63 Red Shed Road 1230 North Middleton Road 5 Ian Court Mount Holly Springs,PA 17065 Newville Carlisle Shippensburg Proximity to Subject 12.72 miles 10.01 miles 14.54 miles Sale Price $ n.a $ 153,800 $ 115,000 $ 139,900 Sale Price/Gross Liv.Area $ sq.ft.$ 74.91 sq.ft. $ 92.15 sq.ft. $ 95.95 sq.ft. Manufactured Home E)Yes ❑No ®Yes ❑No Fj Yes ❑No Data Source(s) Courthouse Courthouse Courthouse Verification Source(s) Exterior inspection MLS MLS VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-)$Adjustment DESCRIPTION +(-)$Adjustment DESCRIPTION +(-)$Adjustment Sales or Financing None known None known None known Concessions Conventional Conventional Conventional Date of Sale/Time 3-4-08 7-31-07 12-4-06 Location Average Similar Similar Similar Leasehold/Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Site .57 acre 1.13 acres -1,700 2.26 acres -5,100.42 acre +800 View Average Similar Similar Similar Design(Style) Double wide Double wide Similar Similar Quality of Construction Vinyl siding Vinyl siding Vinyl siding Vinyl siding Actual Age 6 years 6 years 30 years +10,000 8 years Condition Good Similar Similar Similar Above Grade Total Bdrms. Baths Total Bdrms. Baths Total Bdrms. Baths Total Bdrms. Baths Room Count 8 4 2 6 3 2 +4,000 6 3 2 +4,000 6 3 2 +4,000 Gross Living Area 1,792 sq.ft. 2,053 sq.ft. -7,800 1,248 sq.ft. +16,300 1,458 sq.ft. +10,000 Basement&Finished Crawlspace Crawlspace Crawlspace Crawlspace c=i Rooms Below Grade None None None None 4.o Functional Utif Avera"e Similar Similar Similar n-Heating/Cooling ,Fha Oil,CA Fha Kero,CA Fha Oil,CA Fha Prop CA <Energy Efficient Items None None None None Garage/Carport None 2-car garage -5,000 2-car garage -5,000 None E2 Porch/Patio/Deck Porch,deck Prch,patio,fnc -1,000 Porch,deck Porch,deck aLrq patio,frplc Small end prch Patio +3,000 None +3,000 0 2 sheds None +3,000 None +3,000 None +3,000 U Net Adjustment(Total) ❑+ ®- $ 8,500 ®+ ❑ - $ 26,200 ®+ ❑ - $ 20,800 w Adjusted Sale Price Net 5.5 % Net 22.8 % Net 14.9 % of Comparables Gross 14.6 % $ 145,300 Gross 40.3 % $ 141,200 Gross 14.9 % $ 160,700 I j did ❑did not research the sale or transfer history of the subject property and comparable sales.If not,explain My research ❑did ®did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal. Data source(s) Assessment records My research ®did ❑did not reveal any prior sales or transfers of the comparable sales for the year prior to the date of sale of the comparable sale. Data source(s) Assessment records Report the results of the research and analysis of the prior sale or transfer history of the subject property and comparable sales(report additional prior sales on page 4). ITEM SUBJECT COMPARABLE SALE#1 COMPARABLE SALE#2 COMPARABLE SALE#3 _ Date of Prior Sale/Transfer 12-6-00 12-20-07 for$1.00 6-4-79 6-28-99 Price of Prior Sale/Transfer $46,000 4-4-03 for$1.00 $500.00 $18,900 Data Source(s) Courthouse Courthouse Courthouse Courthouse Effective Date of Data Source(s) 6-08 6-08 11-07 11-07 Analysis of prior sale or transfer history of the subject property and comparable sales No previous transfer took place in the past three years Summary of Sales Comparison Approach The Cost approach was not considered since this is not new construction or the Income approach,due to the fact this is an owner occupied single family dwelling. The Sales Comparison approach is the best approach for this type of property. _Indicated Value by Sales Comparison Approach$ 145,000 Indicated Value by: Sales Comparison Approach$ 145,000 Cost Approach$ n.a. Income Approach(if developed)$ n.a. The Sales Comparison Approach is the best approach for this type of property.The Cost approach was not considered since this is not new Z construction or the Income approach since this is an owner occupied single family dwelling. 0 I- a This appraisal is made®"as is", ❑ subject to completion per plans and specifications on the basis of a hypothetical condition that the improvements have been o completed, El subject to the following repairs or alterations on the basis of a hypothetical condition that the repairs or alterations have been completed,or❑subject to the L)following required inspection based on the extraordinary assumption that the condition or deficiency does not require alteration or repair: Appraised in current condition. oc Based on a complete visual inspection of the Interior and exterior areas of the subject property,defined scope of work,statement of assumptions and limiting conditions,and appraiser's certification,my(our)opinion of the market value,as defined,of the real property that is the subject of this report is $ 145,000 ,as of June 3,2008 ,which is the date of inspection and the effective date of this appraisal. Freddie Mac Form 70B March 2005 Page 3 of 7 Fannie Mae Form 1004C March 2005 Form 1004C-"TOTAL for Windows"appraisal software by a la mode,inc.-1-800-ALAMODE Manufactured Home Appraisal Report File#441-8392848 The subject has an on site Septic system.Public sewer is not available on site. Although the system appear to be functioning properly the appraiser is not qualified to detect a failing system. The home is at ground level. Although there appears to be on infestation the appraiser is not qualified to detect infestation. The home meets HUD minimum guidelines. N N Z W 2 0 JU Zd F O INCOME APPROACH TO VALUE(not required by Fannie Mae.) 2 Estimated Monthly Market Rent$ X Gross Rent Multiplier =$ Indicated Value by Income Approach Summa of income A..roach includin•su oil for market rent and GRM PROJECT INFORMATION FOR PUDs(H applicable) Is the developer/builder in control of the Homeowners'Association(HOA)? n Yes n No Unit type(s) n Detached n Attached Provide the tollowing information for PUDs ONLY if the developer/builder is in control of the HOA and the subject property is an attached dwelling unit. Legal name of project o Total number of phases Total number of units Total number of units sold Total number of units rented Total number of units for sale Data source(s) 2 Was the project created by the conversion of existing building(s)into a PUD? ❑Yes ❑No If Yes,date of conversion 0 Does the project contain any multi-dwelling units? rj Yes n No Data source(s) Are the units,common elements,and recreation facilities complete? ❑Yes ❑No If No,describe the status of completion. Are the common elements leased to or by the Homeowners'Association? [1 Yes n No If Yes,describe the rental terms and options. Describe common elements and recreational facilities. Freddie Mac Form 70B March 2005 Page 4 of 7 Fannie Mae Form 1004C March 2005 Form 1004C—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE Manufactured Home Appraisal Report File#441-8392848 This report form is designed to report an appraisal of a one-unit manufactured home; including a manufactured home in a planned unit development (PUD). A Manufactured home located in either a condominium or cooperative project requires the appraiser to inspect the project and complete the project information section of the Individual Condominium Unit Appraisal Report or the Individual Cooperative Interest Appraisal Report and attach it as an addendum to this report. This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value, statement of assumptions and limiting conditions, and certifications. Modifications, additions, or deletions to the intended use, intended user, definition of market value, or assumptions and limiting conditions are not permitted. The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. Modifications or deletions to the certifications are also not permitted. However, additional certifications that do not constitute material alterations to this appraisal report, such as those required by law or those related to the appraiser's continuing education or membership in an appraisal organization, are permitted. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, including the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the interior and exterior areas of the subject property, (2) inspect the neighborhood, (3) inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and/or private sources, and (5) report his or her analysis, opinions, and conclusions in this appraisal report. INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report is the lender/client. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus, Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is subject to the following assumptions and limiting conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title is good and marketable and will not render any opinions about the title. 2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements. The sketch is included only to assist the reader in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 5. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the research involved in performing the appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. 6. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that the completion, repairs, or alterations of the subject property will be performed in a professional manner. Freddie Mac Form 70B March 2005 Page 5 of 7 Fannie Mae Form 1004C March 2005 Form 1004C—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE Manufactured Home Appraisal Report File#441-8392848 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 2. I performed a complete visual inspection of the interior and exterior areas of the subject property. I reported the condition of the improvements in factual, specific terms. I identified and reported the physical deficiencies that could affect the livability, soundness, or structural integrity of the property. 3. I performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4. I developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value. I also developed the cost approach to value as support for the sales comparison approach. I have adequate comparable market and cost data to develop reliable sales comparison and cost approaches for this appraisal assignment. I further certify that I considered the income approach to value but did not develop it, unless otherwise indicated in this report. 5. I researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report. 6. I researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise indicated in this report. 7. I selected and used comparable sales that are locationally,physically,and functionally the most similar to the subject property. 8. I have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that has been built or will be built on the land. 9. I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 10. I verified,from a disinterested source, all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. 11. I have knowledge and experience in appraising this type of property in this market area. 12. I am aware of, and have access to,the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records and other such data sources for the area in which the property is located. 13. I obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 14. I have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal. I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 15. I have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all statements and information in this appraisal report are true and correct. 16. I stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 17. I have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 18. My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan application). 19. I personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it. 20. I identified the lender/client in this appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this appraisal report. Freddie Mac Form 70B March 2005 Page 6 of 7 Fannie Mae Form 1004C March 2005 Form 10040—"TOTAL for Windows"appraisal software by a la mode,inc.—1.800-ALAMODE Manufactured Home Appraisal Report File/441-8392848 21. The lender/client may disclose or distribute this appraisal report to: the borrower; another lender at the request of the borrower; the mortgagee or its successors and assigns; mortgage insurers; government sponsored enterprises; other secondary market participants; data collection or reporting services; professional appraisal organizations; any department, agency, or instrumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser's or supervisory appraiser's (if applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party (including, but not limited to, the public through advertising, public relations, news, sales, or other media). 22. I am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 23. The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage insurers, government sponsored enterprises, and other secondary market participants may rely on this appraisal report as part of any mortgage finance transaction that involves any one or more of these parties. 24. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. 25. Any intentional or negligent misrepresentation(s) contained in this appraisal report may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Section 1001, et seq., or similar state laws. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that: 1. I directly supervised the appraiser for this appraisal assignment,have read the appraisal report,and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. I accept full responsibility for the contents of this appraisal report including, but not limited to,the appraiser's analysis,opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report is either a sub-contractor or an employee of the supervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAISER SUPERVISORY APPRAISER(ONLY IF REQUIRED) Signature . ,,La,,.6 Signature Name Susan B.Burkholder Name Company Name Diversified Appraisal Services Company Name Company Address 35 E.High Street,Suite 101 Company Address Telephone Number 717-249-2758 Telephone Number Email Address sue.burkholder @gmail.com Email Address Date of Signature and Report June 11,2008 Date of Signature Effective Date of Appraisal June 3,2008 State Certification# State Certification# RL-000659-L or State License# or State License# State or Other Expiration Date of Certification or License State PA Expiration Date of Certification or License June 30,2009 SUBJECT PROPERTY ❑ Did not inspect subject property ADDRESS OF PROPERTY APPRAISED ❑ Did inspect exterior of subject property from street 738 Sand Bank Road Date of Inspection Mount Holly Springs,PA 17065 ❑ Did inspect interior and exterior of subject property APPRAISED VALUE OF SUBJECT PROPERTY$ 145,000 Date of Inspection LENDER/CLIENT Name COMPARABLE SALES Company Name Mortgage Funding Solutions,LLC ❑ Did not inspect exterior of comparable sales from street Company Address 400 Grove Road Ste 2,Paulsboro,NL ❑ Did inspect exterior of comparable sales from street Date of Inspection Email Address Freddie Mac Form 70B March 2005 Page 7 of 7 Fannie Mae Form 1004C March 2005 Form 1004C—"TOTAL for Windows'appraisal software by a la mode,inc.—1-800-ALAMODE Manufactured Home Appraisal Report File#441-8392848 FEATURE I SUBJECT COMPARABLE SALE#4 COMPARABLE SALE#5 COMPARABLE SALE#6 Address 738 Sand Bank Road 230 Oxford Road 16 Ian Court Mount Holly Springs,PA 17065 Gardners Shippensburg Proximity to Subject 3.66 miles 14.54 miles Sale Price $ n.a. $ 149,900 $ 140,000 $ Sale Price/Gross Liv.Area $ sq.tt.$ 99.40 sq.ft. $ 108.11 sq.ft. $ sq.tt. Manufactured Home ®Yes ❑No ®Yes ❑No n Yes ❑No Data Source(s) Courthouse Courthouse Verification Source(s) MLS MLS VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-)$Adjustment DESCRIPTION +(-)$Adjustment DESCRIPTION +(-)$Adjustment Sales or Financing None known None known Concessions Unknown Conventional Date of Sale/Time Pending listing 2-22-07 Location Average Similar Similar o Leasehold/Fee Simple Fee Simple Fee Simple Fee Simple a Site .57 acre .63 acre .38 acre +600 a.View Average Similar Similar oz Design(Style) Double wide Double wide Double wide E2 Quality of Construction Vinyl siding Vinyl siding Vinyl siding a Actual Age 6 years 18 years +5,000 1 year o Condition Good Similar Similar U Above Grade Total Bdrms. Baths Total Bdrms. Baths Total Bdrms. Baths Total Bdrms. Baths UJ Room Count 8 4 2 7 4 2 +2,000 6 3 2 +4,000 m Gross Living Area 1,792 sq.tt. 1,508 sq.ft. +8,500 1,295 sq.ft. +14,900 sq.tt. Basement&Finished Crawlspace Crawlspace Crawlspace Rooms Below Grade None None None Functional Utility Average Similar Similar Heating/Cooling Fha Oil,CA Fha Oil,CA Fha Prop,CA Energy Efficient Items None None None Garage/Carport None 2-car garage -5,000 None Porch/Patio/Deck Porch,deck Porch,deck Porch +1,000 Lrg patio,frplc Fireplace +2,000 None +3,000 2 sheds Barn -3,000 None +3,000 Net Adjustment(Total) ®+ ❑ - $ 9,500 ®+ ❑- $ 26,500 ❑+ ❑- $ Adjusted Sale Price Net 6.3 % Net 18.9 % Net % _of Comparables Gross 17.0 % $ 159,400 Gross 18.9 % $ 166,500 Gross % $ Report the results of the research and analysis of the prior sale or transfer history of the subject property and comparable sales(report additional prior sales on page 3). ITEM SUBJECT COMPARABLE SALE#4 COMPARABLE SALE#5 COMPARABLE SALE#6 Date of Prior Sale/Transfer 12-6-00 6-13-06 6-16-06 Y Price of Prior Sale/Transfer $46,000 $139,000 $29,900 o Data Source(s) Courthouse Courthouse Courthouse n Effective Date of Data Source(s) 6-08 6-08 6-08 WAnalysis of prior sale or transfer history of the subject property and comparable sales J a w Analysis/Comments N F Z w 2 2 0 0 fQ } J i Freddie Mac Form 70B March 2005 Fannie Mae Form 1004C March 2005 Form 1004C.(AC)—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE Supplemental Addendum File No.441-8392848 Borrower/Client Rodney&Synthia Myers Property Address 738 Sand Bank Road City Mount Holly Springs County Cumberland State PA Zip Code 17065 Lender Mortgage Funding Solutions,LLC Additional Comments One or more of the comparable sales are older than six months old.Although there are comparable properties in the subject's area,none have sold recently, therefore,sales in excess of six months old have to be used. All three comparables used were the best available. Although there are other similar home in the subject's neighborhood,none have sold recently.Therefore is was necessary to use sales further than one mile from the subject property. The sales used are the best available. Gross adjustments exceed 25%and net adjustments exceed 15%for one or more of the comparable sales. Although there are other similar homes in the area,none have sold recently. The sales used are the best available. The predominant value in the neighborhood is less than that of the market value of the subject property. This is due to the very wide range of values of properties in the area and superior quality of the subject property. This condition does not affect the market value of the subject or its future marketability. This report has been electronically prepared and transmitted in compliance with USPAP guidelines which includes verification of the complete transfer and delivery,digitally protected signatures and adequate security measures in place to protect data transmitted by appraiser. The scope of the assignment included an analysis of the subject's area,an inspection of the subject property,an estimation of the property's highest and best use and the consideration of all three approaches to value and the application of those relevant to the valuation of the subject property. The Intended User of this appraisal report is the Lender/Client. The Intended Use is to evaluate the property that is the subject of this appraisal for a mortgage finance transaction,subject to the stated Scope of Work,purpose of the appraisal.reporting requirements of this appraisal report form,and Definition of Market Value. No additional Intended Users are identified by the appraiser. Privacy Notice Pursuant to the Gramm-Leach-Billey Act of 1999,effective July 1,2001,appraisers,along with all providers of personal financial services are now required by federal law to inform their clients of the policies of the firm with regard to the privacy of the client nonpublic personal information. As professionals,we understand that your privacy is very important to you and are pleased to provide you with this information. In the course of performing appraisal,we may collect what is known as"nonpublic personal information"about you.This information is used to facilitate the services that we provide to you and may include the information provided to us by you directly or received by us from others with your authorization. We do not disclose any nonpublic personal information obtained in the course of our engagement with our clients to nonaffiliated third parties,except as necessary or as required by law. By way of example,a necessary disclosure would be to our independent contractors,and in certain situations,to unrelated third party consultants who need to know that information to assist us in providing appraisal services to you. All independent contractors and any third party consultants we engage are informed that any information they see as part of an appraisal is to be maintained in strict confidence within the firm. A disclosure required by law would be a disclosure by us that is ordered by a court of competent jurisdiction with regard to a legal action to which you are party. We will retain records relating to professional services that we have provided to you for a reasonable time so that we are better able to assist you with your needs. In order to protect your nonpublic personal information for unauthorized access by third parties,we maintain physical,electronic and procedural safeguards that comply with our professional standards insure the security and integrity of your information. Signature Signature Name Susan B. urkholder Name Date Signed June 11,2008 Dale Signed State Certification# RL-000659-L State State Certification# State Or State License# State Or State License# State Diversified Appraisal Services Form TADD2—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE Building Sketch (Page - 1) Borrower/Client Rodney&Synthia Myers Property Address 738 Sand Bank Road City Mount Holly Springs County Cumberland State PA Zp Code 17065 Lender Mortgage Funding Solutions,LLC 64.0' Bdrm Family Dining Kitchen Bth 28.0' 28.0' Bdrm Bdrm Bth Bdrm Living 64.0' SKETCH CALCULATIONS Al:64.0 x 28.0= 1792.0 Al First Floor 1792.0 Total Living Area 1792.0 Form SKT.BIdSkI—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE Subject Photos Borrower/Client Rodney&Synthia Myers Property Address 738 Sand Bank Road City Mount Holly Springs County Cumberland State PA Zip Code 17065 Lender Mortgage Funding Solutions,LLC Subject Front ' y,} 738 Sand Bank Road m r s, ,,,,,,,-,•„,,,,.:,' ,,,"A' A•''':,,TA,;,-r"-- ". --- " Alo hi , •, i .. -'. ' ' , t .-;ir ...„,,.......„,,,.... , . .. _ „,,,17 ' Subject Rear , P. and - � Y !e , Su . Subject Street a t.»6 — # . "'� TK 1r tea; Form PICPIX.TR—'TOTAL for Windows"appraisal software by a la mode,inc.—1.800-ALAMODE PHOTOGRAPH ADDENDUM Borrower/Client Rodney&Synthia Myers Property Address 738 Sand Bank Road City Mount Holly Springs County Cumberland State PA Li)Code 17065 Lender Mortgage Funding Solutions,LLC S V• (t E 6F.w- t{,r, x. f= , tea'. b:A mss: °S, p q, :, Bl , i his pr.'s �: - Ay%..t-}$ , :i ..,i 1. rK ' T „.' Form GPICPIX—'TOTAL for Windows'appraisal software by a la mode,inc.—1-800-ALAMODE PHOTOGRAPH ADDENDUM Borrower/Client Rodney&Synthia Myers Property Address 738 Sand Bank Road City Mount Holly Springs County Cumberland State PA Zip Code 17065 Lender Mortgage Funding Solutions,LLC 9� b" fi Form GPICPIX—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE Comparable Photo Page Borrower/Client Rodney&Synthia Myers Property Address 738 Sand Bank Road City Mount Holly Springs County Cumberland State PA Zip Code 17065 Lender Mortgage Funding Solutions,LLC Comparable 1 63 Red Shed Road �'3x Comparable 2 1230 North Middleton Road Comparable 3 „ ,o • 5 Ian Court `=ray a ,✓- ny,' :, .[ Form PICPIX.BR—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE Cble ompara Photo Page Borrower/Client Rodney&Synthia Myers Property Address 738 Sand Bank Road City Mount Holly Springs County Cumberland State PA Zip Code 17065 Lender Mortgage Funding Solutions,LLC �Ta � Y „k i Comparable 4 230 Oxford Road r Ir.! ' , Comparable 5 16 Ian Court w Comparable 6 Form PICPIX.BR—'TOTAL for Windows'appraisal software by a la mode,inc.—1-800-ALAMODE Location Map Borrower/Client Rodney&Synthia Myers Property Address 738 Sand Bank Road City Mount Holly Springs County Cumberland State PA hp Code 17065 Lender Mortgage Funding Solutions,LLC MapPoint` Port lappi1 pkDOU OHOOHHtl Mlroy ✓ u N 1 0 0 R Trevonon' y, NOPTH JMB ER LAND ' Ad I F F L I tl 672i .. tai; ',Reedsville Yeagettowry• - . . le° ,Burnham, • ' Hi5b d Park Belleville %i aistown ? ., , J U N i A T A Mffbntow� ,Marano S' ') 'Y Wiconisco Bizabethville Lykens Granville 75 ae`. Port Rcyalo 11 'Mllersburg e e '�� - Newport _ . • „Juniata Furnace ,. Saville New ,; ' Bloomfield . A U P H I: • =,4„[a' Unglestown •1..' _ tobrys‘,..„.„.•,\,.,„t• P Comparable 3R /' of Paxtonia• 1230 North Middleton Road z (10.0 miles) .Enola I.. ~& Colonial Park U 1;l Progress Rutherford Heights. a22, ,•,.. �1alormleysburq' lams•ur R ummel5[own0 P E v N U V L V A r�,L A,V i- ''amp HM 0.itt _ B`,sler • Ms., a"�` '0.lgf�`,',7, burg, of umberf ,,'''' c' - Comparable 1l1 Cadlsle ��' " �� '`~�.. \``Y,,.::- • ' 'v"-r^" .eo';.� nMddletoon 7fi 63 Red Shed Road cf Fairview =.,,rte (12.7 miles) C LI M B Subject Tt 15 P hi kn§Tdr, Y �.v4 738 Sand Rank Road [d na .vG' y i Comparable 104 Ff °Langan' `.,` Comparable£i3 Dickinson oSP^nas 230 Oxford Road Newbenytown� I. 51an Court o (3.7 miles) ' (14.5 miles) >& •., • Shippensburgo' U olatimore( C.. Manchester 5gr ,�;�:" tit oNnigsville ,Dover j Shiloh ' West Comparable/A 1' • Welgelstown" ' Hamgdlds I R N K Lrf+l N 161an Court Y J P. K e gVork°. Charms wy (14.5 miles) 1 @L: West York' Biglermlle Spiv;Garden',/,' ' .,_ Spry Fayentemll€ ) 5a Spring Grove II ll.e �° R D A S ew Oxford Sk „Mont Pito v Gettysbury Bonneauville Mdwa t; ,Quincy " yo Hanover ¢ Glen Rock y. G ncastle .. 0 0 Pennywk° Pankville Shrewsbury ,tt ' '16!.... Waynesboro 1 it o oW`ayne Height$ New Freedom ti Rouzerville olatlestawn 'T rx Ringgold Duvauk. Bnmitsb 15 ?1augansville Mountain -' '' ',f `Leaersburg ,.:1 :'.. p tC r2 Il Nl iUri Smithsburg oTaneytown oHhnchester; f , .1 HkgersCOwn 64i - Ti_ Fr= O A R R 0 L t ;'Thurmond �,• FUnkstown L Mtunt Aetna Catoctin .c.:,,,..4 Want n N R•'"R Y t. 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MYERS » PROPERTY RECORD CARD - CUMBERLAND COUNTY « RT SYNTHIA J & RODNEY I Fair Market Clean & Green: NO SPEC 1D: CTL:08001269 Land - 42000 L TIEBACK: 738 SANDBANK ROAD f Bldg - 143600 13 School : 3 Nbad: 800 Total - 185600 'I' Part interest. of MT HOLLY SPRINGS PA 17065 Assessed - 185600 A RESIDENTIAL INFORMATION: GPO -.-__._..,_-__-_...__..__ ._.. ___ ... . . ___. Building Descri.p1 WHITE/BLACK TRIM Lat- :40.11376 Stories Group. . . . L PROPERTY TYPE: PT ( 108 ) Irony: 77.2111 Dweilitry Type MANIA Year Ruilt. 2002 - -- -- Exterior 8.111:. . . Vinyl Remodeled Neighborhood Type 12.115 131.Lective Age 2002 -__.. _. .._ __. .. _.. . y Dist Forced Air Cond (Int & Ext.) . . S Finished Bsmnt:: 1 Laving Area - 1904 Beating SourceOil PRELIM GRADE C+15 Basement GGarage i Enclosed Porch - Total/Red Rooms / / 4 0 6'urn, apprx; ii ; J+smt/1,h tsaragc. Full/Half Baths2 / (l ( % complete M.V. COST -- _ Fireplace Count0 Central A/C AC FINAL RESIDENTIAL VALUE. . . - 141467 1.29419 Basement CRL % Lot. Type: Interior Terrain : Holing OUTBUILDING VALUE = 2141 2141 ,ewer . Sandmnd Water : Public; Other Residenti.als ( ) Rudd : Paved AyScrty: N Sdewlk: N ttaSAvai.: N SpView: N Other Commercials ( ) - 1 12 Hilts ic: N WI rFnt: N �. ---- - ----- ---.._ - _ ... _._. __ 2/D 1/1 68 RatIAv7 N TreeCv: 0 TOTA1. IMPROVEMENT VALUE. .. :- 143600 131600 Mobile Home Class: LUX 36 16 Park: S Size: 28 X 68 Addn• N 12 28 28 Limiting Factors: ASSESSED VALUE HISTORY ASMT FM LAND FM BLDG FM TOTAL -- ST CG LAND CG BLDG CG TOTAL 08 02/28/2012 42000 143600 185600 r * - ---- ji>. - - - --� 05/03/2010 42000 142700 184700 �__ I : fl� . . 05/02/2010 33000 71550 104550 05/10/2004 33000 71.550 104550 Grantee Bock/Page Date Price Ad Price MYERS, SYNTHIA J & RODNEY 200825988 07/31/2008 1 MYERS, SYNTHIA J 00266-01649 11/19/2004 1 MYERS, RODNEY P. & SYNTHIA J. 00235-00725 12/06/2000 46000 MYERS, RODNEY P & SYNTHIA Cl 00300-00680 02/28/1984 19500 I 1 I 4 1 08-12-0338-067. I MYERS, SYNTHIA J & RODNEY PROPERTY RECORD CARD (Page 2) - CUMBERLAND COUNTY TYPE:NT-Mobile Home - With Land Loc, 738 SANDBANK ROAD 738 SANDBANK ROAD Neighborhood: 800 - DICKINSON T'WP RESIDUAL Des: I Zoning • LUR _ MT HOLLY SPRINGS PA 17065 9ownshi.p. . . .p..-.08 DICKINSON TOWNSHIP ID# TYPE DESC. SIZE STY SQFT AGE/COND PRICE FACTOR VALUE 1 SHED CLS FRAME 14x 20 x 1 -. 280 2011 EX 6.0 1680 2 SHED CLS FRAME 12x 16 x 1 "" 192 1975 F 2.4 461 Plot Plan: No Plot Plan Entered I I I I Road Frontage I I 'TOTAL OUTBUILDING VALUE. 2141..-._. __.. _ . - LOT SIZE: actual. frontage Total Lot SgFt PHOTO 1D NUMBER: VA002981 Frontage: Depth: 24829 FF"?: General Remarks: Pere: PAGE BLANK FAIR MARKET LAND VALUE ACRES BASERATE INDX SLOPE PROD $/ACRE VALUE LOT SQFT 24829 1.692 1.69 BASEACRE 42000 42000 TILL/RES WOODED NON-TILL DEEDED .57 Rain Market Land Value: 42000 AGRICULTURAL USE LAND VALUE BASERATE PRODUCTIVITY $/ACRE VALUE BASEACRE TILLABLE WOODED NON-TILL DEEDED .57 Ag Use Land Value: Clean & Green? NO Ag Sec Area: N Avg Slope: 8 r x s_ ,; n rs3 4 Sk �', - . t -. r z wY3 L,r i it kw (y. k . 5:. k+f j COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 1/27/14 11 :09 REFERENCE # 819109 FULL SPECTRUM SERVICE 140270753000044 007 400 FELLOWSHIP RD STE 220 MT LAUREL NJ 08054-0000 CERTIFICATE 8 ATTESTATION I hereby certify that Anita M. Wasko, Director of the Bureau of Motor Vehicles of the Department of Transportation, is the legal custodian of the Motor Vehicle Records of the Pennsylvania Department of Transportation. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT ON THE ABOVE DATE IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. 13,ei4i7 09. dci BARRY J. SCHOCH, P.E. SECRETARY OF TRANSPORTATION I hereby certify that the documents attached hereto are full, true and correct photostatic, microfilm or printed copies of documents or electronically stored information of which I have legal custody and that the copies conform to the requirements of 6109 of the Judicial Code. Sales tax information is redacted from applications for certificate of title in accordance with the Act of April 9, 1929, P.L. 343, as amended, 72 P.S. Section 731 . TITLE: 59066051 VIN : 12239187AB CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. ANITA M. WASKO, DIRECTOR BUREAU OF MOTOR VEHICLES PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 1/27/14 11 :09 PAGE 1 140270753000044 007 REFERENCE M 819109 OWNER : RODNEY P 8 SYNTHIA J LESSEE : NONE MYERS 738 SANDBANK RD MT HOLLY SPGS PA 17065 TITLE NUMBER : 59066051 TAG NUMBER TITLE DATE : 06/25/03 VIN : 12239187AB REGISTRATION EXPIRY DATE: BODY TYPE : MH MAKE : REDMAN ODOMETER READING MODEL *EXEMPT BY FED LAW RENEWAL WID DUPLICATE TITLE COUNT 0 PREVIOUS TAG VEHICLE YEAR : 2002 LIENS : YES STOLEN DATE STOPS : NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO. 1 NAME : THE LOAN CENTER ADDRESS: 875 N EASTON RD STE 4B EXPIRATION DATE: 06/25/33 DOYLESTOWN PA 18901 ABA NO : ELT IND: NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: INFORMATION: (8:00 AM TO 5:00 PM) DEPARTMENT OF TRANSPORTATION IN STATE 1-800-932-4600 VEHICLE RECORD SERVICES OUT-OF-STATE 717-412-5300 PO BOX 68691 TDD IN STATE 1-800-228-0676 HARRISBURG, PA 17106-8691 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US •• •a'•;.. ..fix;:47; .t "x - • •w?..,.(.t• f r r r 9. 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X t E i • :• • . . . • t C7 O 3 w '_; rrt rn c rnr: cn,- N C.:73 PHELAN HALLINAN,LLP c Jonathan Lobb,Esq.,Id.No.312174 <p ),. o , 1617 JFK Boulevard,Suite 1400 C) z c-; One Penn Center Plaza ATTORNEY FOR F °I Philadelphia,PA 19103 -- Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO,TX 75024 TERM Plaintiff NO. _sale el v. CUMBERLAND COUNTY RODNEY P.MYERS A/K/A RODNEY MYERS 738 SANDBANK ROAD MOUNT HOLLY SPRINGS,PA 17065-1139 SYNTHIA J.MYERS 738 SANDBANK ROAD MOUNT HOLLY SPRINGS,PA 17065-1139 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE We hereby codify te gy File Copy within to be a true and eR original correct flileedd py of the of record 116. File#: 819109 I'0■00414A Supreme Court of Pennsylvania CourCof Comn'n i Pleas For Prothonotary Use Only: 0iviV;+ cove ' CO C'LII IERtANlt ! County Docket No: The information collected on this form is used solely for court administration purposes, Thisrorm does not so))lement or re)h.wee the Jilin,and service of pleadino or other papers as required by law or rules of court Commencement of Action: s ❑B Complaint ❑Writ of Summons ❑Petition ❑Transfer from Another Jurisdiction Li Declaration of Taking Lead Plaintiffs Name: BANK OF AMERICA,N.A.,AS Lead Defendant's Name: RODNEY P.MYERS A/K/A C SUCCESSOR BY MERGER TO BAC HOME LOANS RODNEY MYERS T SERVICING,LP FfK/A COUNTRYWIDE HOME LOANS SERVICING LP Dollar Amount Requested: ❑within arbitration limits 0 Are money damages requested? ❑Yes © No (Check one) © outside arbitration limits outs.__ r- Is this a Class Action Suit? ❑Yes © No Is this an MDJ Appeal? ❑Yes © No A Name of Plaintiff/Appellant's Attorney: Jonathan L,obb,Esq.,Id.No.312174,Phelan Hallinan,LLP ❑ Check here if you have no attorney(area Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection:Other ❑Board of Elections ❑Nuisance ❑Dept.of Transportation ❑Premises Liability _ ❑Statutory Appeal:Other ❑Product Liability(does not include mass tort) 0 Employment Dispute: ❑Slander/Libel/Defamation Discrimination -11`4 ❑Other: 0 Employment Dispute:Other ❑Zoning Board C 0 Other: __.__. ❑Other: MASS TORT ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY .,.. CELLANEOUS Cl Toxic Waste ❑Ejectment Common Law/Statutory Arbitration B Li Other: 0 Eminent Domain/Condemnation Declarato ry Judgment ❑Ground Rent Mandamus ❑Landlord/Tenant Dispute Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure:Commercial El Quo Warranto . ❑Dental 0 Partition ❑Replevin ❑Legal 0 Quiet Title CJ Other: ❑Medical ❑Other: ❑Other Professional: —.._._.... Pa.R.C.P. 205.5 Updated 01/01/2011 FORM 1 IN THE COURT OF COMMON PLEAS BANK OF AMERICA,N.A.,AS SUCCESSOR BY : OF CUMBERLAND COUNTY,PENNSYLVANIA MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiff(s) • vs. RODNEY P.MYERS A/KJA RODNEY MYERS SYNTHIA J.MYERS Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that 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 a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: _412-V13 _..........._... Date Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑ No[j Listing date: Price: Realtor Name: Realtor Phone: Borrower Occupied? Yes l No Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long?.............................__._..__,___.,,...,....._...._.._.._.___. Mailing Address: City: State: Zip: Phone Numbers: Home: Office: ,, Cell: Other: ...................................__.._..__..._...._..._.............._. Email: #of people in household: How long? First Mortgage Lender: �__.—_- __........__.. Type of Loan: Loan Number: ` Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes&Insurance: Date of Last Payment: -- _.............___..........__ Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No❑ If yes,provide names,location of court,case number&attorney: —,.. .,._______,__. Assets__,,. Amount Owed: Value_:_ Home: $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $-....................---_._._ _... $._..____._.... Automobile#1:Model: Year: Amount owed: Value ��� � _ Automobile#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 paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort.a•e _....�.....�._... Food 2"d 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 Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No❑ If yes,please provide the following information: Counseling Agency: Phone(Office): lax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes 1:1 No If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes[1 No❑ If yes,please indicate the status of those negotiations: Please provide the following information, if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name). Phone: ............................................................................. Servicing Company(Name):. Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement(if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty (20)days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you,and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File�1: 819109 PHELAN HALLINAN,LLP Jonathan Lobb,Esq.,Id.No.312174 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Jonathanlobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO,TX 75024 TERM Plaintiff NO. v. CUMBERLAND COUNTY RODNEY P. MYERS A/K/A RODNEY MYERS 738 SANDBANK ROAD MOUNT HOLLY SPRINGS,PA 17065-1139 SYNTHIA J.MYERS 738 SANDBANK ROAD MOUNT HOLLY SPRINGS,PA 17065-1139 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE File#: 819109 1. Plaintiff is BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP 7105 CORPORATE DRIVE PLANO,TX 75024 2. The name(s)and last known address(es) of the Defendant(s)are: RODNEY P.MYERS A/K/A RODNEY MYERS 738 SANDBANK ROAD MOUNT HOLLY SPRINGS,PA 17065-1139 SYNTHIA J.MYERS 738 SANDBANK ROAD MOUNT HOLLY SPRINGS,PA 17065-1139 who is/are the mortgagor(s) and/or real owner(s)of the property hereinafter described. 3. On 07/25/2008 RODNEY P.MYERS A/K/A RODNEY MYERS and SYNTHIA J. MYERS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.AS NOMINEE FOR TAYLOR, BEAN& WHITAKER MORTGAGE CORP.,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No.200825989. By Assignment of Mortgage recorded 01/27/2012 the mortgage was assigned to PLAINTIFF,which Assignment is recorded in Assignment of Mortgage Instrument No.201202735.The mortgage and assignment(s), if any,are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. BANK OF AMERICA, N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, File N: 819109 directly or through an agent,has possession of the promissory note. The promissory note is either made payable to BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP or has been duly endorsed. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage as of 06/18/2013: Principal Balance $122,189.03 Interest $24,488.82 06/01/2010 through 06/30/2013 Late Charges $237.66 Property Inspections $15.00 Escrow Deficit $8,762.71 TOTAL $155,693.22 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however,Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. file#: 819109 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008,and/or Notice of Default as required by the mortgage document,as applicable,have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s)has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency,or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $155,693.22,together with interest, costs,fees,and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: J than Lobb,Esq., Id.No.312174 Attorney for Plaintiff File ti: 819109 LEGAL DESCRIPTION ALL that certain tract of'land with the improvements thereon situate in the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania,bounded and described pursuant to a survey by Thomas A.Neff,Registered Surveyor,dated August 10, 1973, and approved by the Planning Commission of Dickinson Township,Cumberland County, Pennsylvania, on August 14, 1973. BEING known as Parcel #08-12-0338-067 BEING more commonly known as 738 SANDBANK ROAD BEING further the same land and premises which RODNEY P.MYERS A/K/A RODNEY MYERS and Synthia J.Myers,husband and wife, by a Deed dated 11/10/04 and recorded 11/19/04 in Deed Book 266,page 1649 did grant and convey unto Synthia J.Myers,her heirs and assigns. PROPERTY ADDRESS: 738 SANDBANK ROAD,MOUNT HOLLY SPRINGS,PA 17065-1139 PARCEL#08-12-0338-067. File#: 819109 VERIFICATION RocIN� t` ►i1.►ains,hereby states that 11,4,,D is ltimait}ViI2A2s,A1241.of BANK OF AMERICA,N.A.,Plaintiff in this matter,that he/0 is authorized to make this Verification,and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hiseinformation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. 1 �. DATE: qI'M �..D I.3 �/ - "- Name: & 1'1,14, tclutti a,Litat Title: ASSistayti- Vick, fruial.it14 BANK OF AMERICA,N.A. File#: 819109 Name: MYERS Fite td. 819109 '",' re* +y y A s s t $x v� I ::: : a k s 6x to 9 4 y" h4 G ' y t - f $1;iii ",'''';"s, C�Y`to '.,. a r , .. ti,, d ka ■ yx " �. n} q t 'SS ... ., � e s' a s' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f /k/a Countrywide Home Loans Servicing, LP 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Rodney P. Myers a/lc/a Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065 -1139 Defendants RULE AND NOW, this 2. 4" day of Marc/. : Court of Common Pleas : Civil Division : No. 13 -5016 -Civil 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion for Order Declaring Home as Real Property. Rule Returnable e+e day-ef 214, — it • at—the- •• ; . 1 • -- • • , Purm y+ ania. BY THE COURT 819109 y CC: .X'HELAN HALLINAN, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 -1814 Phone: 215 -563 -7000 Fax: 215 -563 -4491 lauren.tabas@phelanhallinan.com .Rodney R. Myers a/k/a Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065 -1139 Rodney R. Myers a /k/a Rodney Myers Synthia J. Myers 416 Spoonbill Drive Sebring, FL 33875 -6238 CO I p 'es Pr)(Lt tCci, 3/24//q 819109 PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No, 93337 Joseph E. DeBarberie, Esquire, No. 315421 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 elf IG,. h THOtlif TA F; 201411PR - I JIM 10: 7 CUMBERLAND COUNTY PENNSYLVANIA, ATTORNEY FOR PLAINTIFF Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP : Court of Common Pleas f/k/a Countrywide Home Loans Servicing, LP 7105 Corporate Drive : Civil Division Plano, TX 75024 Plaintiff : Cumberland County vs. : No. 13-5016-Civil Rodney P. Myers a/Ida Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065-1139 Defendants CERTIFICATION OF SERVICE TO THE PROTHONOTARY: 1 hereby certify that true and correct copy of the Rule dated March 26, 2014 was served by regular mail on Defendants on the date listed below. Rodney P. Myers a/Ida Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065-1139 819109 Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers 416 Spoonbill Drive Sebring, FL 33875 -6238 Date: PH AN HA LINAN, P By: L ren R. Tabas, Esquire J eph E. DeBarberie, Esquire Attorneys for Plaintiff 819109 PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 Joseph E. DeBarberie, Esquire, No. 315421 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 -1814 (215) 563-7000 fl� Y 4f e. R'1TH0N''Oi lti1 20UiAPB29 AiUD :32 CU"1 >_,ERLAN[3 COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f /k/a Countrywide Home Loans Servicing, LP 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Rodney P. Myers alk/a Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065 -1139 Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 13 -5016 -Civil MOTION TO MAKE RULE ABSOLUTE Bank of America, N.A. as Successor by Merger to BAC Home Loans Servicing, LP f /kla Countrywide Home Loans Servicing, LP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above - captioned action, and in support thereof avers as follows: 1. On or about March 21, 2014, Plaintiff filed a Motion for Order Declaring Home as Real Property. 819109 2. On March 26, 2014, the Court entered an Order issuing a Rule upon the Defendants to show cause, if any to why the relief requested in the Motion for Order Declaring Home as Real Property should not be granted within 20 days of service. A true and correct copy of the Order is attached hereto, made part hereof and marked as Exhibit 3 A copy of the Order was served on Defendants on March 31, 2014. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit `B ". • 4. Defendant failed to respond or otherwise plead within 20 days. WHEREFORE, Plaintiff prays that this Honorable Court make the Rule to Show Cause Absolute and grant Plaintiff's Motion fcdr Ord:- Declaring Home as Real Property. Date: LLINAN LLP lop auren R. Tabas, Esquire Joseph E. DeBarberie, Esquire Attorneys for Plaintiff 819109 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 7105 Corporate Drive Plano, TX 75024 Plaintiff vs, Rodney P. Myers a/kla Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065-1139 Defendants AND NOW, this__ RULE Court of Common Pleas : Civil Division : No. 13-5016-Civil day of r9 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion for Order Declaring Home as Real Property. Rule Returnable Cum-berfantl--(-4)uit1l Co Lit thnt- s . , 2- 0 ditAti Li ia. 13Y THE COURT 819109 cc: PHELAN HALLINAN, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-4491 lauren.tabas@phelanhallinan.com Rodney R. Myers a/k/a Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065-1139 Rodney R. Myers a/k/a Rodney Myers Synthia J. Myers 416 Spoonbill Drive Sebring, FL 33875-6238 819109 'EXMI3IT: B PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, ID, No, 93337 Joseph E. DeBarberie, Esquire, No, 315421 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (2151563-7000 Bank of America, N.A., as Successor by Merger to BAC Horne Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 7105 Corporate Drive Plano, TX 75024 Plaintiff VS, Rodney P, Myers /k/aRodney,,,Myers- Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065-1139 Defendants TO THE PROTHONOTARY: TY LV,Ajil ATTORNEY FOR P1 A1 : Court of Common Pleas : Civil Division : Cumberland County : No. 13-5016-Civil CERTIFICATION OF SER I hereby certify .that true and correct copy of the Rule dated March 26, 2014 was served by regular mail on Derenclants on the date listed below. Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065-1139 819109 Rodney P. Myers alkla Rodney Myers Synthia J. Myers 416 Spoonbill Drive Sebring, EL 33875-6238 .en R. Tabas, Esquire h E. DeBarberie, Esquire Attorneys for Plaintiff 819109 PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 Joseph E. DeBarberie, Esquire, No. 315421 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 7105 Corporate Drive Plano, TX 75024 Plaintiff VS. Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065-1139 Defendants Court of Common Pleas Civil Division : Cumberland County : No. 13-5016-Civil CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on all interested parties on the date listed below: Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065-1139 819109 Rodney P. Myers alk/a Rodney Myers Synthia J. Myers 416 Spoonbill Drive Sebring, FL 33875 -6238 Date: PHE ►, ALLINAN, LLB / A �, Paur' _ en R. Tabas, Esquire - Joseph E. DeBarberie, Esquire Attorneys for Plaintiff B 819109 2014 MAY - I PM 2: 3 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America,N.A. as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Court of Common Pleas 7105 Corporate Drive Plano, TX 75024 Civil Division Plaintiff vs. No. 13-5016-Civil Rodney R. Myers a/k/a Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065-1139 Defendants ORDER AND NOW,this I V day of rn 0-7 , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED, DECREED, and DECLARED that: 1. The dwelling and the land to which it is permanently affixed at 738 Sandbank Road, Mount Holly Springs, PA 17065-1139, Dickenson Township with a tax parcel I.D. number of 08-12-0338-067, is one parcel of real estate; 2. The dwelling shall not be subject to separation from the land; 3. Title to the dwelling will pass to the buyer at Sheriff's sale; AND 4. The Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this order for recording. BY THE COURT: J. cc: EELAN HALLINAN, LLP Penn Center at Suburban Station 1617 John F.Kennedy Boulevard, Suite 1400 Philadelphia,PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-4491 lauren.tabas@phelanhallinan.com jospeh.debarberiegphelanhallinan.com o dney P.Myers a/k/a Rodney Myers Synthia J. Myers 738 Sandbank Road Mount Holly Springs, PA 17065-1139 ., Edney P. Myers a/k/a Rodney Myers Synthia J. Myers 416 Spoonbill Drive Sebring,FL 33875-6238 (es r << 819109 • PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff V. Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 02/27/2014 to Date of Sale ($25.59 per diem) TOTAL Note: Please attach description of property. PH # 819109 a (t L4 ii C fr LI '7 4 SI COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 13 -5016 -CIVIL CUMBERLAND COUNTY $155,693.22 $7,165.20 $162,858.42 an Hallinan, LLP eph E. DeBarberie, Esq., Id. No.315421 Attorney for Plaintiff C- r- rN) 7z. CD LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon situate in the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania, bounded and described pursuant to a survey by Thomas A. Neff, Registered Surveyor, dated August 10, 1973, and approved by the Planning Commission of Dickinson Township, Cumberland County, Pennsylvania, on August 14, 1973. BEING known as Parcel #08-12-0338-067 BEING more commonly known as 738 SANDBANK ROAD BEING further the same land and premises which Rodney P. Myers and Synthia J. Myers, husband and wife, by a Deed dated 11/10/04 and recorded 11/19/04 in Deed Book 266, page 1649 did grant and convey unto Synthia J. Myers, her heirs and assigns. TITLE TO SAID PREMISES VESTED IN Synthia J. Myers and Rodney Myers, w/h, by Deed from Synthia J. Myers, a married woman, dated 07/25/2008, recorded 07/31/2008 in Instrument Number 200825988. PREMISES BEING: 738 Sandbank Road, Mount Holly Springs, PA 17065-1139 PARCEL NO. 08-12-0338-067. PHELAN HALLINAN, LLP Joseph E. DeBarberie, Esq., Id. No.315421 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 joseph.debarberie@phelanhallinan.com 215-563-7000 ALL) ,iFFICL OF THE PROTHONO TAF4 2014 JUL 23 At1.I0: 51 CUMBERLAND COUNTY PENNSYLVANIA Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS • : CIVIL DIVISION : NO.: 13 -5016 -CIVIL . Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. an Hallinan, LLP o eph E. DeBarberie, Esq., Id. No.315421 Attorney for Plaintiff Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP ilaintiff v. Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -5016 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 738 Sandbank Road, Mount Holly Springs, PA 17065-1139. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Rodney P. Myers a/k/a Rodney Myers 416 Spoonbill Drive, Sebring, FL 33875-6238 Synthia J. Myers 416 Spoonbill Drive, Sebring, FL 33875-6238 2. Name and address of Defendant(s) in the judgment: Name Rodney P. Myers a/k/a Rodney Myers Address (if address cannot be reasonably ascertained, please so indicate) 416 Spoonbill Drive Sebring, FL 33875-6238 Synthia J. Myers 416 Spoonbill Drive Sebring, FL 33875-6238 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Constantino J. Mallios Constantinos J. Mallios Commonwealth of Pennsylvania Department of Labor & Industry, to Use of The Unemployment Compensation Fund Portfolio Recovery Associates, LLC C/O David Apothaker, Esq. PH # 819109 C/O Susan J. Hartman, Esq. One Irvine Row Carlisle, PA 17013 715 Sandbank Road Mount Holly Springs, PA 17065 L&i Building 5th Floor Harrisburg, PA 17121 Apothaker & Associates PC 520 Fellowship rd # C306 MT Laurel, NJ 08054 Portfolio Recovery Associates, LLC. 140 Corporate Boulevard Norfolk, VA 23502 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant The Loan Center Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 738 Sandbank Road Mount Holly Springs, PA 17065-1139 875 N Easton rd Ste 4b Doylestown, PA 18902-1026 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: l By: '`i'C p& -at? e an Hallinan, LLP Jl ph E. DeBarberie, Esq., Id. No.315421 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PH # 819109 Bank of America, N.A., as Successor by Merger to BAC Home ,�j► Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP vs. Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : NO.: 13 -5016 -CIVIL Defendant(s) Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers 416 Spoonbill Drive Sebring, FL 33875-6238 j r -''L 1 cn -37 Ca i **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 738 Sandbank Road, Mount Holly Springs, PA 17065-1139 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $155,693.22 obtained by Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. 'If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13 -5016 -CIVIL Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP v. Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers owner(s) of property situate in the DICKINSON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 738 Sandbank Road, Mount Holly Springs, PA 17065-1139 Parcel No. 08-12-0338-067. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $155,693.22 Attorneys for Plaintiff Phelan Hallinan, LLP • LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon situate in the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania, bounded and described pursuant to a survey by Thomas A. Neff, Registered Surveyor, dated August 10, 1973, and approved by the Planning Commission of Dickinson Township, Cumberland County, Pennsylvania, on August 14, 1973. BEING known as Parcel #08-12-0338-067 BEING more commonly known as 738 SANDBANK ROAD BEING further the same land and premises which Rodney P. Myers and Synthia J. Myers, husband and wife, by a Deed dated 11/10/04 and recorded 11/19/04 in Deed Book 266, page 1649 did grant and convey unto Synthia J. Myers, her heirs and assigns. TITLE TO SAID PREMISES VESTED IN Synthia J. Myers and Rodney Myers, w/h, by Deed from Synthia J. Myers, a married woman, dated 07/25/2008, recorded 07/31/2008 in Instrument Number 200825988. PREMISES BEING: 738 Sandbank Road, Mount Holly Springs, PA 17065-1139 PARCEL NO. 08-12-0338-067. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Vs. NO 13-5016 Civil Term CIVIL ACTION — LAW RODNEY P. MYERS a/k/a RODNEY MYERS SYNTHIA J. MYERS WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering ' both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $155,693.22 L.L.: $.50 Interest FROM 2/27/2014 TO DATE OF SALE ($25.59 PER DIEM) - $7,165.20 Atty's Comm: Atty Paid: $357.70 Plaintiff Paid: Date: 7/23/14 (Seal) Due Prothy: $2.25 Other Costs: David D. B ell, Prothonota REQUESTING PARTY: Name: JOSEPH E. DEBARBERIE, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 315421 Deputy AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE PH # 819109 HOME LOANS SERVICING, LP DEFENDANT RODNEY P. MYERS A/K/A RODNEY MYERS SYNTHIA J. MYERS SERVE RODNEY P. MYERS A/K/A RODNEY MYERS AT: 416 SPOONBILL DRIVE SEBRING, FL 33875-6238 SERVICE TEAM/ lxh COURT NO.: 13 -5016 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED nn v n,' Served and made known to RODNEY P. MYERS A/K/A RODNEY MYERS, Defendant on the o�0 day of /-►9u5+ ,20at f� 3° 3 . , o'clock. M., at �, S 1hi14 Ot• 'n5, .P(the manner described below: -Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: > Description: Age^.SO Height 5 .% �� Weight /60 Race W Sex (Y) Other I, ettz21 IJCf4t I , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and corr t copy of the Notice of Sheriffs Sale in the manner as set fo rein, issued in the captioned case on the date and at the address indicated` above. () —1p 11 Notary' Sworn to and su ribed befpre me this day 0 201-\ BERTA TEJON Notary Public. State of Florida Commission # EE 874611 My comm. expires Feb.13. 2017 NOT SERVED On the dayof 20_, at o'clock . M., M., I, , a competent adult hereby state that Defendnt NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of , 20 By: Notary: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 C) c ca d AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE PH # 819109 HOME LOANS SERVICING, LP DEFENDANT RODNEY P. MYERS A/K/A RODNEY MYERS SYNTHIA J. MYERS SERVE SYNTHIA J. MYERS AT: 416 SPOONBILL DRIVE SEBRING, FL 33875-6238 SERVICE TEAM/ Ixh COURT NO.: 13 -5016 -CIVIL TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: December 3, 2014 SERVED `! Served and made known to SYNTHIA J. MYERS, Defendant on thea g day of Al 0.-.4, 20 % 7, at 3: 3--, o'clock E. M., att1/o5(bonbii✓1 Qf•) ir15. 1L- , in the manner descn ed below: Defendant personally served. e.. ---Adult family membqrwith whom Defendant(s) reside(s). Relationship is haS%dt,t�0l- Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: Description: Age 51) Height 5 ' (A r r Weight 1(Q D Race" Sex VY1 Other I, ZKttOcLit , a competent adult, being duly sworn according to law, depose and state t s t I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, ' suen the capt'\ined case on the date and at the address indicated above. , l Sworn to and subs ribed before me this _ d of Notary +rl• 1 1���'Y On the dayof 20_, at state thaTTendnt NOT FOUND because: BERTA TEJON Notary Public. State of Florida Commission # EE 874611 My comm. expires Feb.13. 2017 NOT SERVED o'clock _. M., I, CA— (slit .rfrl$, 33J'75- , a competent adult hereby Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at Service Refused Other: Sworn to and subscribed before me this day of , 20 . By: Notary: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 at PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman @phelanhallinan.com 215-563-7000 c#r r. �f V;. C 9 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY . MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, v. RODNEY P. MYERS A/K/A RODNEY MYERS SYNTHIA J. MYERS Defendant(s) CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION No.: 13 -5016 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3 . u s or Certified Mail Return Receipt stamped by the U.S. Postal Service is at Date: 1 3/W IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Pa Attorn sq., Id. No.318079 ntiff PH # 819109 Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff V. Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -5016 -CIVIL CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 738 Sandbank Road, Mount Holly Springs, PA 17065-1139. 1. Name and address of Owner(s) or reputed Owner(s): Name Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers 2. Name and address of Defendant(s) in the judgment: Name Rodney P. Myers a/k/a Rodney Myers Synthia J. Myers Address (if address cannot be reasonably ascertained, please so indicate) 416 Spoonbill Drive, Sebring, FL 33875-6238 416 Spoonbill Drive, Sebring, FL 33875-6238 Address (if address cannot be reasonably ascertained, please so indicate) 416 Spoonbill Drive Sebring, FL 33875-6238 416 Spoonbill Drive Sebring, FL 33875-6238 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Commonwealth of Pennsylvania Department of Labor & Industry, to Use of The Unemployment Compensation Fund Constantino J. Mallios Constantinos J. Mallios Portfolio Recovery Associates, LLC C/O David Apothaker, Esq. Portfolio Recovery Associates, LLC. PH # 819109 L&i Building 5th Floor Harrisburg, PA 17121 C/O Susan J. Hartman, Esq. One Irvine Row Carlisle, PA 17013 715 Sandbank Road Mount Holly Springs, PA 17065 Apothaker & Associates PC 520 Fellowship rd # C306 MT Laurel, NJ 08054 140 Corporate Boulevard Norfolk, VA 23502 Office of Unemployment Compensation Benefits Ui Payment Services 651 Boas Street, Fifth Floor Harrisburg, PA 17121-0750 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant The Loan Center Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Address (if address cannot be reasonably ascertained, please indicate) 738 Sandbank Road Mount Holly Springs, PA 17065-1139 875 N Easton rd Ste 4B Doylestown, PA 18902-1026 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to author' ies Date: PH # 819109 By. — Phe Hallinan, LLP Paul Cre an, Esq , Id. No.318079 Attorney for lainti f PHELAN HALL AN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Line Article Number Meme of Addressee, Street, and Post Office Address Postage 1 **** Office of Unemployment Compensation Benefits 1.11 Payment Services 651 Boas Street, Fifth Floor Harrisburg. PA 17121-0750 50,48 RE: RODNEY P. MYERS A/K/A RODNEY MYERS (CUMBERLAND). PH # 819109/1026 Page 1 of 1 45 Day S0.48 To Number of Listed by Sender Taal Number of Pieces Received at Pmt Onix Postmaster, Pa (Nome of Receiving Employe) The full declaration of vale, is aspired an donu e andil mut. The iPita. fathe tsxwa10000,, of nannesotibldoeameU undo Express international dentinal reotuUueio it Piece subject to a limit of 5500,000 pa axurr ncc, The maim= indemnity payable on Express The maximum indemnity payable is 525,000 for r giotaed mail, seat Mith optional inewance, -So R900 5913 and S92I fa lindtations of comae. orm 52177 facsimile PH #_819109 Phelan Hailinan LLP Address - a* 1617 JFK Boulevard, Suite 1400 1111 Sender One Penn Center Plaza,,;TE�ao Philadelphia, PA 19103 AZKIFPS - 12/03/2014 SALE , Ci,14. (74oOf Line Article Number Name of Addressee, Street, and Post Office Address Pouagc 1 R - 0 1 **** TENANT/OCCUPANT 738 SANDBANK ROAD ♦Oat9 MOUNT HOLLY SPRINGS, PA 17065.4139 t 8• i CI o 2 **** Commonwealth of Pennsylvania Department of Labor & Industry, to Use of The Unemployment Compensation Fund L&I Building 5th Floor Harrisburg, PA 17121 50.49. ,s4 6+1 `rcj ti. py M c! tvo 3 **** Constantino J. Mallios C/O SUSAN J. HARTMAN, ESQ. ONE IRVINE ROW • CARLISLE. PA 17013 = Nip 50.49 #; .• •''" 4 " 4 ***ifConstantino% J. Mallios 715 Sandbank Road a • Mount Holly Springs, PA 17065 50 49 A` ti �' — •a •, t so �tM j'�lijt• 5 **** Portfolio Recovery Associates, LLC C/O David Apothaker, Esq. APOTHAKER & ASSOCIATES PC 520 FELLOWSHIP RD # C306 • MT LAUREL, NJ08054 50.49 6 **** Portfolio Recovery Associates, LLC. 140 Corporate Boulevard • Norfolk, VA 23502 50.49 7 **4* The Loan Center 875 N EASTON RD STE4B • DOYLESTOWN. PA 18902.1026 50.49 8 **+* Domestic Relations of Cumberland County 13 North Hanover Street 41 Carlisle, PA 17013 a S0.49 9 **** Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 S0.49 10 a*** Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 50.49 11 **** U.S. Department ofJustice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 411, I PO Box 11754 HarJjsbufg. Pa L J J8 .754 1. 50.49 IRS?'RODIVEY'r`h YERSW/K/AIROD NEYaMYEBB(GUfKBERbAr' i PIMIT9109LID2 Pt rffb W 55.39 Total Number of Pieces Listed by Sender .www n Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable fbr the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is 550,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is 5500. The maximum indemnity payable is $25,000 for registered mail. sent with optional insurance. See Domestic Mail Manual R900 S913 and S921 for limitations of coverage. 1 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP : CIVIL DIVISION F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP . Plaintiff v. RODNEY P. MYERS A/K/A RODNEY MYERS SYNTHIA J. MYERS Defendant(s) : No.: 13 -5016 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter has been continued until 02/04/2015 at 10:00 AM. Date: 12-igily PH # 819109 Jonath 'Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP : CIVIL DIVISION F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP : Plaintiff : No.: 13 -5016 -CIVIL v. RODNEY P. MYERS A/K/A RODNEY MYERS SYNTHIA J. MYERS Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: PH# 819109 �t l RODNEY P. MYERS 416 SPOONBILL DRIVE SEBRING, FL 33875-6238 RODNEY P. MYERS 32 CENTER ST LOT 17 MOUNT HOLLY SPRINGS, RODNEY P. MYERS 738 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065-1139 SYNTHIA J. MYERS 416 SPOONBILL DRIVE PA 17065-1729 SEBRING, FL 33875-6238 SYNTHIA J. MYERS 738 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065-1139 Date: /2./41114 PH # 819109 SYNTHIA J. MYERS 801 SANDBANK RD LOT 4 MOUNT HOLLY SPRINGS, PA 17065-1151 Jonath2 I obb, Esq., Id. No.312174 Attorney for Plaintiff