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HomeMy WebLinkAbout13-5074 Supreme Court of Pennsylvania Coup i COm n Pleas f jl " 011efr, Sheet ForProthonotart• Use Only: CUMBERLAlVn� County Docket No: ,S• I ) The it forrnation collected on this forrn it used solely f or corJr't odininislratiorr plli hnses. This form does not. snpplenrent or replace the filing and service of pleadings or otherpapers as required btu law or rules arconrt. Commencement of Action: ® Complaint El Writ of Summons El Petition El Transfer from Another Jurisdiction El Declaration of Takin S [BANK ead Plaintiff's Name: Lead Defendant's Name: E OF AMERICA, N.A., SUCCESSOR BY Brian D. Hughes C MERGER TO BAC HOME LOANS SERVICING, T LP FKA COUNTRYWIDE HOME LOANS I SERVICING, LP N Are money damages requested? El 0 N Dollar Amount Requested: ❑ within arbitration limits check one 1:3 outside arbitration limits A Is this a Class Action Suit? E] y ®No Is this an MDJAppeal? ❑ Yes ® No Name of Plaintiff /Appellant's Attorney: Patrick J. Wesner, Esquire ❑ Check here if you have no attorney (are a Self- Represented (Po 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 y ou consider most important. TORT (do not include Mass Tort) CONTRACT (do not include judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative A encies El Malicious Prosecution g ❑ ❑ Motor Vehicle Debt Collection: Credit Card ❑Board of Assessment ❑ Nuisance ❑ Debt Collection: Other ❑ Board of Elections ❑ Premises Liability ❑ Dept. of Transportation ❑ Product Liability (does not include ❑ Statutory Appeal: Other mass tort) ❑ Employment El Slander/Libel/Defamation P Yrnen Dispute: S Discriminati on ❑ Other: E ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T MASS TORT I ❑ Asbestos ❑ Other: Q ❑ Tobacco N ❑ Toxic Tort — DES ❑ Toxic fort — Implant REAL PROPERTY MISCELLANEOUS B F-1 Toxic Waste El Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations PROFESSIONAL LIABILITY ® Mortgage Foreclosure: Residential Restraining Order ❑ Dental El Mortgage Foreclosure: Commercial El Quo Warranto ❑ [I Legal Partition ❑ Replevin ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: MILSTEAD & ASSOCIATES, LLC E -0 t'��� BY: Patrick J. Wesner, Esquire TARr ID No. 203145 Zu ,a, AUG 28 AH E0: 37 220 Lake Drive East, Suite 301 C U MB ERLAND Cherry Hill, NJ 08002 COUNTY (856) 482 - 1400 PEHNS Y Y ro Attorn I +laintiff BANK OF AMERICA, N.A., SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 Corporate Drive - Plano, TX 750249 No.: Plaintiff, CIVIL ACTION/RESIDENTIAL OWNER OCCUPIED MORTGAGE Vs. FORECLOSURE Brian D. Hughes 1250 Hunters Ridge Drive Mechanicsburg, PA 17050, Defendant COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP (the "Plaintiff'), is registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 7105 Corporate Drive, Plano, TX 75024. 2. Defendant, Brian D. Hughes, (the "Defendant "), is an adult individual and is the real owner of the premises hereinafter described by virtue of a Deed dated March 15, 2010, recorded March 18, 2010 under Instrument 201003 75 1. The Deed is attached hereto as Exhibit "A" and made a part hereof. 3. Defendant Brian D. Hughes, upon information and belief, resides at 1250 Hunters Ridge Drive, Mechanicsburg, PA 17050. O am 4. On March 15, 2010, inconsideration of a loan in the principal amount of $156,289.00, the Defendant executed and delivered to BANK OF AMERICA, N.A. a note (the "Note ") with interest thereon at 5.000 percent per annum, payable as to the principal and interest in equal monthly installments of $838.99 commencing May 1, 2010. Bank of America, N.A. Noteholder, directly or through an agent, has possession of the Promissory Note. The Promissory Note has been duly endorsed The Note is attached hereto as Exhibit `B" and made a part hereof. 5. To secure the obligations under the Note, the Defendant executed and delivered to Mortgage Electronic Registration Systems, Inc., solely as nominee for Bank of America, N.A. a mortgage (the "Mortgage ") dated March 15, 2010, recorded on March 18, 2010 in the Department of Records in and for the County of Cumberland under Instrument 201006752. The Mortgage is attached hereto as Exhibit "C" and made a part hereof 6. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded October 24, 2011 under Instrument 201129368. The recorded Assignment of Mortgage is attached hereto as Exhibit "D" and made a part hereof. 7. The Mortgage secures the following real property (the "Mortgaged Premises "): 1250 Hunters Ridge Drive, Mechanicsburg, PA 17050. A legal description of the Mortgaged Premises is attached hereto as Exhibit "E" and made a part hereof. 8. The Defendant is in default of his/her obligations pursuant to the Note and Mortgage because payments of principal and interest due June 1, 2011, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Principal Balance ................ ....................$153,590.13 Accrued but Unpaid Interest from 511111 to 8/30/13 ................... .....................$17,889.61 Assessed Late Charges ........... ........................$348.66 Escrow Advances .................. ......................$3,309.95 Property Inspection ................. ........................$440.00 Escrow Adjustment ........ ............................... - $223.73 TOTAL as of 08/30/2013 .... ....................$175,354.62 Plus, the following amounts accrued after August 30, 2013: Interest at the Rate of 5.000 percent per annum ($21.0397 per diem); Late Charges per month if applicable. 10. Plaintiff has complied fully with Act No. 91 (35 P.SA680.401(c) of the 1983 Session of the General Assembly ( "Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendant at 1250 Hunters Ridge Drive, Mechanicsburg, PA 17050 on April 12, 2013, the notice pursuant to § 403 -C of Act 91, and the applicable time periods therein have expired. The Act Notice is attached hereto as Exhibit "F" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $175,354.62, plus the following amounts accruing after August 30, 2013, to the date of judgment: (a) interest of $21.0397 per day, (b) late charges per month if applicable, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & AS O S, LLC Date: Z-'l ric - 7 Wee n� , qui e Attorney for Plaintif i VERIFICATION F/'M a r , hereby states that is 1 , 4, ,,, 4 ,,, cc &ZS of BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff in this i i matter, that he /she is authorized to make this Verification, and verify that the statements made in i the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of l�s/her knowledge, information and belief. The undersigned understands that this statement is made i subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. t Name: Frcgn, .i Title: Ass;S�an� vM ce- pres:d e, f DATE: ,gyc: s1�' I'll, aon File #: 45.27598 Name: Brian D. Hughes Exhibit A I r-q —� ls� � THIS DEED °Q G TAX PARCEL NO. 10 -15- 1283- 011u Made the day of March, 2010, BETWEEN MATTHEW LEE SEILER, a single person, herein designated as the Grantor, AND BRIAN D. HUGHES, a single person, herein designated as the Grantee, WFMSSETH, that the Grantor, for and in consideration of ONE HUNDRED FIFTY -THREE THOUSAND ($153,000.00) DOLLARS lawful money of the United States of America, to the Grantor in hand well and truly paid by the Grantee, at or before the sealing the delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor being therewith fully satis- fied, do by these presents grant, bargain, sell and convey unto the Grantee forever, their heirs and assigns, ALL THAT CERTAIN Unit, being Unit No. 1250 (the "Unit"), of Timber Chase H, A Town - home Condominium (the "Condominium" ), located in Hampden Township, Cumberland Coun- try, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase II A Townhome Condominium (the "Declaration of Condominium ") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 573, Page 35 and Right of Way Plan Book 11, Page 139 respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration Plats and Plan, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant tot he Declaration of Condominium and Declaration Plats and Plan, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Con- dominium, and matters which a physical inspection and survey of the Unit and Common Ele- ments would disclose. i THE Grantee, for and on behalf of the Grantee and Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for maintenance, repairs, replacements and other expenses in connection with the Common Ele- ments, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Timber Chase I1 Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Sections 3407 {c} of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This cove- nant shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. i BEING the same premises which Jason Christine and Michele Christine, husband and wife, by Deed dated April 15, 2008 and recorded April 17, 2008 in the Office of the Recorder of Deeds in and for Cumberland County, instrument No. 200812267, granted and conveyed unto Matthew Lee Seiler, an adult individual, the Grantor herein. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, water- courses, rights, liberties, privileges, hereditaments and appurtenances to the same remainders, rents, issues and profits thereof, and every part and parcel thereof; AND also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein de- scribed together with the hereditaments and appurtenances unto the Grantee and to Grantees' proper use and benefit forever. AND the Grantor covenant that, except as may be herein set forth, they do and will FOREVER SPECIALLY WARRANT AND DEFEND the lands and premises, hereditaments and appurte- nances hereby conveyed. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name of gen- eral reference, such designation is intended to and shall have the same effect as if the word "heirs, executors, administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. IN WITNESS WHEREOF, the Grantor have hereunto set their hands and seals, or if a corpora- tion, it has caused these presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto, the day and year first above written. i SIGNED, SEALED AND DELIVERED in the presence of or ATTESTED by i TNESS j*tthew Lee Seiler MM AL')�,fI OF PENNSYLVANIA, COUNTY OF g�►� :ss BE IT REMEMBERED, that on /� , 2010, before me, the subscriber, per- sonally appeared, Matthew Lee Seiler, known to me (or satisfactorily proven) to be the person. whose name is subscribed to within deed and acknowledged that he executed the same for the purposes therein contained. WITNESS my hand and seal the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Carol&Hinmae, Notary Public /NOTARY PUBLIC Camp Hill Bore, Cumberland County My Commission Expires June 1.2, 2011 The undersigned certifies that the precise residence and complete post office address of the Grantee is: I�S'Di�aafers Q� �rTrt 4A u,-+ % rs h u !!2 s7z�� ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717 - 240 -6370 - Instrument Number - 201006751 Recorded On 3/18/2010 At 10:39:33 AM * Total Pages - 4 • Instrument Type - DEED Invoice Number - 62464 User ED - AF • Grantor - SEILER, MATTHEW LEE • Grantee - HUGHES, BRIAN D • Customer - TRI CO * FEES STATE TRANSFER TAR $1,530.00 Certification Page STATE WRIT TAR $0.50 STATE JCS /ACCESS TO $23.50 DO NOT DETACH JUSTICE RECORDING FEES — $11.50 This page is now art RECORDER OF DEEDS P g P PARCEL CERTIFICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY $765.00 SCHOOL DISTRICT HAMPDEN TOWNSHIP $765.00 TOTAL PAID $3,122.00 I Certify this to be recorded in Cumberland County PA o* CU e RECORDER O * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOSSG lllilllll�Il�ll I II II II! E- X *hl-blt . r 1 f 1 11/28/2011 11:34:29 AM PAGE 11/126 888- 294 -5658 G. )BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder teas not received the full amount of any monlldy payment by The end Of FIFTEEN days after the dale it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 %f my overdue payment. I will pay this late charge promptly but only once on each late payment . (B) Defaull If I do not pay the full amount Of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder nlay require me to pay Immediately the full amount of Principal which has not been paid and all the me b other Interest me ans. I awe an that amount. That date retest be at least 30 days after the date on which the notice is mailed to m delivered or delive (D) No Waiver By Note Holder Even if at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will stilt have the righl to do so If I am in default at a later time. (E) Payment of Note Holler's Costs and Exp+emes If the Note Holder has required me to pay immediately In full as described above the Note Holder wilt have the right to be paid back by me for all of its costs and expenses in enforcing this Note To the extent not prohibited by applicable law. Those expenses include. for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note wjU he given by delivering it or by mailing it by ren first class mail to me at the Property Address above or at a different address the Note Holder a notice of my different address. if I giv Any notice that must be given to the Note Holder under this Note will be given by delivering It or by mailing it by first class mall to the Note Holder at the address stated in Section 3(A) above or at a different address if I am give n a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than One person signs This Note, each person is fully and personally obligated to keep all of the promises made in ells Note, including the promise to pay The full amount owed. Any person wbo is a guarantor, surety or endorser of ibis Note is also obligated to do these tbings. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated TO, keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the antounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of INSImaor. "Presenhnent" means the right to require the Note Holder to demand payment of amounts due. ^ Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. T- UNIFORM SECUR13DNOTE This Note is a uniform instrument with limited variatioas in soave jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument dated die same date as this Note, protects the Note Holder from passible losses whidi might result if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of alt amounts l owe under this Note. Some of those conditions are described as follows: If all or any pad of the Property or any Interest in the Property is sold or transferred (or If Borrower is not a natural person and a beneficial interest in Borrower is sold or wansfe[T4 without Lender's prior written consent, Lender may require immediate Payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If such exercise is pmWbiled by Applicable Law. If Lender exercises this option, Lender shall give Burrower notice of acceleration. The notice shall provide a period of not less than 30 rays from the date the notice is given in accordance with Section 15 within which Boanwer must pay all sums secured by this Security instrument if Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any rezuedtes permitted by this Sunnily Imhument without further notice or demand on Borrower. MULTISTATE PIXEQ RATE NOTE_Singie Family- Fannie MaerFrednte Mac UNIFORM INSTRWENT Form 3200 1401 Amended 6100 Amended nor Veterans Affairs VA Ftxed Rate Note 2005G -XX (o9Jo8).ot Psge 2 of 3 CRPRDNRBS46a 11/28/2011 11:34:29 AM PAGE 13/126 888- 294 -5658 11, DEPARTMENT DF VETFRANS AFFAIRS GUARANTEED L ARAN AUTHORITY If my loan is approved for a guaranty under line 38, Part 36 of the Code of Federal Regulations io effect on the date of my loan, the rights, duties, and liabilities of the parties to this Note are governed by those regulations, Any provision of this Note Inconsisient with the regulations is amended and suppl to conform with the regulations. WITNESS'fHE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 1 42 BRIAN <D.HWHEs - B orrawa (Seal) • Barro�ver (W Borrower (Seal) Borrower PAY TO THE ORDER OF [Si Original Only] WITHOUT RECDURSE RANK OF AMERICA, NA. R>!EICH�LE SJ03.AtVD��� $EMOR VIGS PRF5i0j:NT MULTISTATE FIXED RATE NOTE —Single Family— Fartnte MaelFraddfe Mac UNIFORM INSTRUMENT Form 3200 1101 Amended 6/W Amended for Veterans Affafrs VA Fixed Rate Note 2005GXX (man),01 Page 3 of 3 Exhibit C 1 aA Prepared By. MELODY BRENSINGER BANK OF AMERICA, N.A. 2733 PAPER MILL RD, SUITE 7 0005SH WYOMISSING PA 19610 Phone: (610)373 -9980 After Recording Return To: BANK OF AMERICA, N.A. ReconTrust Co. /TX2- 979 -01 -07 P.0_ Box 619003 Dallas, TX 75261 -9003 Parcel Number: 10- 15- 1283 -011 U49 Premises: 1250 HUNTERS RIDGE DR MECHANICSBURG PA 17050 -9169 [Space Above This Line For Recording Dtta) [Case #1 [Doc ID #1 MORTGAGE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. PENNSYLVANIA- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3039 1101 MERS Mortgage -PA 1006A -PA (08M).01(dC) Page 1 of 17 ' 2 3 9 9 1 - •- •,...riaim.�' "�;il�elr t n�um..,....._..._.. i I i_ I CA:, 38 DOC ID DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated MARCH 15, 2010 together with all Riders to this document. (B) "Borrower" is BRIAN D HUGHES Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MERS. (D) "Lender" is BANK OF AMERICA, N.A. Lender is a NATIONAL ASSOCIATION organized and existing under the laws of THE UNITED STATES Lenders address is 101 South Tryon Street Charlotte, NC 28255 (E) "Note" means the promissory note signed by Borrower and dated MARCH 15, 2010 The Note states that Borrower owes Lender ONE HUNDRED FIFTY SIX THOUSAND_TWO HUNDRED EIGHTY NINE and 00 /100 Dollars (U.S. $ 156,289.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than APRIL 01, 2 04 0 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: PENNSYLVANIA — Single Family— Fannle Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3039 1101 MERS Mortgage -PA 1006A -PA (08/08).01 Page 2 of 17 i CASE #: _ _ -- _ _ _ DOC ID # ❑ Adjustable Rate Rider ® Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ 1-4 Family Rider l] VA Rider ❑ Biweekly Payment Rider ❑ Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (.n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. ` (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 3) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; j (W) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (t) "Mortgage insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the PENNSYLVANIA -- Single Family -- Fannie Mawfreddie Mae UNIFORM INSTRUMENT (MERS) Form 3039 1101 MERS Mortgage -PA 1006A -PA (08/08).01 Page 3 of 17 l CASE #: — _ _ _ - - - _ DOC ID #: - - COUNTY of CUMBERLAND [Type of Recording jurisdiction] [Name of Recording jurisdiction] SEE legal description ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 1250 HUNTERS RIDGE DR, MECHANICSBURG [Street/City] Pennsylvania 17 0 5 0 - 916 9 ("Property Address ") : [Zip Code] TOGETHER WITH all the improvements now of hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Leader s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANT'S 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 wan and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA— Single Family -- Fannie MWFreddle Mac UNIFORM INSTRUMENT (MERS) Form 3039 1101 MERS Mortgage -PA 1006A -PA (08108).01 Page 4 of 17 CASE #: " • ^, _ . _ DOC ID # UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2_ Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall he applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. V Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all PENNSYLVANIA.- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MFRS) Form 3039 1101 MERS Mortgage -PA 1006A -PA (08108).01 Page 5 of 17 CASE # DOC ID #: insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called `Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation. Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and bold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA- Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under _ RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. PENNSYLVANIA — Single Family— Fannie MaelFreddie, Mac UNIFORM INSTRUMENT (MERS) Form 3039 1101 MERS Mortgage -PA 1006A -PA (08=).01 Page 6 of 17 CASE DOC ID #: 4. , Cnarges; Liens. Borrower shall pay a ll taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge far flood zone det erminati on and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insuran coverage so obtained might significantly exceed the cost of insurance Borrower could have - obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lenders right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the PENNSYLVANIA — Single Family— Fannie Mae/Freddie Mae UNIFORM INSTRUMENT (MERS) Form 3039.1101 MFRS Mortgage -PA 1006A -PA (08108).01 Page 7 of 17 CASE #: DOC ID # Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender_ Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may tile, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the Insurance carrier has - offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the " Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property. Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. PENNSYLVANIA— Single Family — Fannie Mae/Freddie Mae UNIFORM INSTRUMENT (MERS) Form 3039 1101 MERS Mortgage -PA 1006A -PA (0810B).01 Page 8 of 17 i CASE #: DOC ID #: Lender or its agent may maze rc.—ble entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall he in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrowers knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrowers principal residence. 9. Protection of Lender's Interest in the Property and Rights- Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and /or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasebold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the_ premiums required to obtain coverage - substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and PENNSYLVANIA – Single Family -- Fannie MaefFreddie Mac UNIFORM INSTRUMENT (MERS) Fonn 3039 1101 MERS Mortgage -PA 1006A -PA (08/08).01 Page 9 of 17 is CASE #: DOC ID #: for the period that Lender requires provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrowers payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance," Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of ]998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage insurance terminated automatically, and/or to receive a refund of any j Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lenders security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. PENNSYLVANIA-- Single Family— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERE) Form 3039 1101 MERS Mortgage -PA 1006A -PA (08!08).01 Page 10 of 17, i i ' is i CASE ##: _ DOC ID In the event of a total taking, destruction, or loss in value of the Property,_ miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial tak destruction, or loss in value is equal to or gre ing, ater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lenders interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lenders interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lenders acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. PENNSYLVANIA -- Single Family- Fannte MaelFreddie Mae UNIFORM INSTRUMENT (MERS) Form 3039 1101 MERS Mortgage -PA 1006A -PA (08/08).01 Page 11 of 17 S 1 CASE #: DOC ID #: ^ 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower cvveuwnw agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer"): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signers interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrowers obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrowers rights and benefits under this Security Instrument Borrower shall not be released from Borrowers obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender - 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrowers default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee_ Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the j permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of _ ._ _ i address. If Lender specifies a procedure for reporting Borrowers change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument PENNSYLVANIA — Single Family— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MFRS) Form 3039 1101 MERS Mortgage -PA 1006A -PA (08108).01 Page 12 of 17 i CASE 4: DOC ID ## 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of tide by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrowers tight to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Inchliment and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lenders interest in the Property and rights under this Security Instrument, and Borrowers obligation to pay the sums secured by " this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurers check or cashiers check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. PENNSYLVANIA -- Single Family— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3039 1101 MERS Mortgage -PA 1006A -PA (08/08).Ot Page 13 of 17 CASE #. 3 DOC ID #: 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial intermit Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower - A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a We of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. if Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (h) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance PENNSYLVAMA- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3039 1101 MERS Mortgage -PA 1000A -PA (08108).01 Page 14 of 17 4 I i CASE #: DOC ID #: which adversely affects the value of the Property. If Borrower learns, or is notified by any governmemai ur regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. i PENNSYLVANIA -- Single Family— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3039 1101 MERS Mortgage -PA 1006A -PA (081011).01 Page 15 of 17 i CASE DOC ID _ 010 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by ' Borrower and recorded with it. � (Seal) BRIAN 1). HUGHES - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower PENNSYLVANIA -- Single Family — Fannie MaelFreddie Mae UNIFORM INSTRUMENT (MFRS) Form 3039 1101 MFRS Mortgage -PA 1006A -PA (06108).01 Page 16 of 17 i CASE ##: DOC #; COMMONWEALTH OF PENNSYLVANIA, �� aI County ss: On this, the 1"-1 day of 2.A o ,before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that, helshelthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMO PENNSYLVANIA Notarial Seal ( y✓ � Carol A.Hinman, Notary Public Camp Hill Boro,Cumberland County Title of Officer My Commission Expires June t2, 2011 Certiticat Ate-s- i ce I ' , do hereby certify that the correct address of the within -name Mortgagee is 3300 S.W. 34th Avenue, Suite 101, Ocala, FL 34474 or P.O. Box 2026, Flint, MI 48501 -2026. ; Witness my hand this day of A ZD ' I Agent of Mortgagee PENNSYLVANIA— Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3039 1101 MERS Mortgage -PA 1006A -PA (08108).01 Page 17 of 17 VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER [Case #] [Doc ID #] NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this FIFTEENTH day of MARCH, 2010 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed -to Secure Debt (herein "Security Instrument ") dated of even date herewith, given by the undersigned (herein "Borrower ") to secure Borrower's Note to BANK OF AMERICA, N.A. (herein "Lender ") and covering the Property described in the Security Instrument and located at 1250 HUNTERS RIDGE DR, MECHANICSBURG, PA 17050 -9169 [Property Address] VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations, including, but not limited to, the provision for payment of any sum in connection with prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of the secured indebtedness pursuant to Covenant 18 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. VA Guaranteed Loan and Assumption Policy Rider 1539R -XX (05109).01(dt) Pagel of 3 i 1 2 3 9 9 1 CASE ¢# DOC ID ##: LATE CHARGE:, At Lender's option, Borrower will .pay a 'late charge" not' exceeding four per centum (4 %) of the overdue payment when paid more than fifteen (15) days after the due date`thereof to cover the extra expense involved in handling delinquent payments liut "suchr'late charge° shall not be payable out of the proceeds of'any sale made to satisfy the in&& dness secured hereby, unless such proceeds are sufficient to :discharge the entire indebtedness and'ail proper -costs and expenses secured hereby.; "'> TRANSFER OF THE PROPERTY: This loan may be declared immediately due and payable upon transfer of Elie Property - securing sac It'16 an; to'� any �transfe'ree' u ill ess the`acceptabiiity of the a ss ump ti o n � of the loan is established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. An authorized transfer ("assumption ") of the Property stall also. -be .siibject to .additional covenants and agreements as set forth below:' (a) ASSUMPTION FUNDING FEE: A fee equal to one half of one percent ( 0.5 0 %) of the balance of this loan as of the date of transfer of the Property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument, -shall bear.interest.at the-rite :herein provided and at the.option -of.the payee of the 'indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee is automatically waived if the assumer,is exempt under the provisions of 38 U.S.C. 3729. (b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan holder or : its < authorized agent for determining the creditworthiness of the assumes and subsequently revising: the holder's ownership records when an approved transfer is completed..The ,amount.,of. this. charge. shall.not- . exceed ;the.maximum established, by the Department of Veterans Affairs for a loan to which. Section W 14 of Chapter 37, Title 38, United. States Code applies. VA Guaranteed Loan and Assumption Policy Rider 15398 -XX (05!09).01 Page 2 of 3 _ 5 r t CONDOMINIUM RIDER [Case #] [Doc ID #] THIS CONDOMINIUM RIDER is made this FIFTEENTH day of MARCH, 2010 , 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 BANK OF AMERICA, N.A. (the "Lender ") of the same date and covering the Property described in the Security Instrument and located at: ! 1250 HUNTERS RIDGE DR, MECHANICSBURG, PA 17050 -9169 I [Property Address] The Property includes a unit in, together with an undivided interest in the elements of, a condominium project known as: TIMBER CHASE [Name of Condominium Project] (the "Condominium Project "). If the owners association or other entity which acts for the Condominium Project (the "Owners Association ") holds title to property for the benefit or use of its members or shareholders, the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interest. CONDOMNIUM COVENANTS, In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. Condominium Obligations. Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documents. The "Constituent Documents" are the: W Declaration or any other document which creates the Condominium Project; (ii) by -laws; (iii) code of regulations; and (iv) other equivalent documents. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, MULTISTATE CONDOMINIUM RIDER -- Single Family -- Fannie !Mae/Freddie Mac UNIFORM INSTRUMENT Form 31401/0/ Condominium Rider 1008R -XX (05108)(dr) Page 1 of 3 11111111111 11111 11ilill 11111111111 1111111illill 111111111111 ' 2 3 9 9 1 CASE #: DOC ID # - and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, fromwhich requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the tern of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the unit or to common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as maybe reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or 1 termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self - management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender, MULTISTATE CONDOMINIUM RIDER -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3940 9101 Condominium Rider 9008R -XX (05108) Page 2 of 3 • b y ' c r � r CASE ._ - - DOC ID F. Remedies. If Borrower does not pay condominium dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this Condominium Rider. j (Seal) BRIAN D. HUGHES - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower MULTISTATE CONDOMINIUM RIDER -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 31401101 Condominium Rider 1008R -XX (05108) Page 3 of 3 t First American Title Insurance Company Commitment No. 10033 SCHEDULE C Legal Description ALL THAT CERTAIN Unit, being Unit No. 1250 (the "Unit"), of Timber Chase II, A Townhome Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase H, A Townhome Condominium (the "Declaration of Condominium ") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 573, Page 35 and Right of Way Plan Book 11, Page 139 respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and'Declaration Plats and Plan, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE Grantee, for an on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for maintenance, repairs, replacements and other expenses in connection with the Common Elements, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Timber Chase II Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenant shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. PA -3 i ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY ai 1 COURTHOUSE SQUARE` ' CARLISLE, PA 17013 = '' 717 -240 -6370 - s g, Instrument Number - 201006752 Recorded On 3/18/2010 At 10:39:34 AM * Total Pages - 25 • Instrument Type - MORTGAGE Invoice Number - 62464 User ID - AF • Mortgagor - HUGHES, BRIAN D *Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - TRI -CO * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES -- $51.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.04 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $102.00 I Certify this to be recorded in Cumberland County PA 4Of CU � P RECORDER OF DEEDS ' lreso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0005SH [Ill[[[Illli[Il l ll ll ll ll[ Exhibit D Recording Requested By: 002 Qv Bank of America Prepared By: Srbui Muradyan 888 -603 -9011 450 E. Boundary St. Chapin, SC 29036 When recorded mail to: CoreLogic 450 E. Boundary SL Attn: Release Dept Chapin, SC 29036 ��� ��I���I�III�II III IIIlI�III� II�IIB DoclD# Tax ID: 10-15 -1283 -011 U49 Property Address: 1250 Hunters Ridge Dr Mechanicsburg, PA 17050 -9169 Property Location: Township of HAMPDEN PAO -AM. 15719707 W712011 This space fm Recm&-?s use . MIN #: 1000255- 0000540341 -3 MERS Phone #: 888 -679 -6377 ASSIGNMENT OF MORTGAGE For Value Received, the undersigned holder of a Mortgage (herein "Assignor") whose address is 3300 S.W. 34th Avenue, Suite 101 Ocala, FL 34474 does hereby grant, sell, assign, transfer and convey unto BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP whose address is 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: BANK OF AMERICA, N.A- Mortgagor(s): BRIAN D HUGHES Date of Mortgage: 3115/2010 Original Loan Amount $156,289,00 Recorded in Cumberland County,PA on: 3/18/2010, book N /A, page N/A and instrument number 201006752 This Mortgage has not been assigned unless otherwise stated below: IN WITNE S W EREOF, the undersigned has caused this Assignment of Mo to be executed on O MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. By: Diana Pham,As sistant Secretary State of California County of Ventura On II I before me, Anita J. Calftm Notary Public, personally appeared Diana Pham, who proved to me on the basis of satisfactory evidence to be the person(A whose name(y j islsre subscribed to the within instrument and acknowledged to me that he /she /dry executed the same in his/her /flwir- authorized capacity(As), and that by his/her /thrir signature(,}on the instrument the personi(s), or the entity upon behalf of which the person(4 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 o ' I seal. ANITA J. CALDERON Commission # 1931780 a "'" • Notary Public - California Z Ventura County My Comm. Expires May 5, 2015 Notary Public: (Seal) ^♦ My Commission Expires: I hereby certify that the address of the within named assignee is: 451 7TH ST.SW #B -133, WASHINGTON DC 20410 Signature DoclD# 22321932889233956 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE` CARLISLE, PA 17013 f 717 -240 -6370 instrument Number - 201129368 Recorded On 10/24/2011 At 1:14:34 PM * Total Pages - 3 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 95477 User ID - KW * Mortgagor - HUGHES, BRIAN D * Mortgagee - BANK OF AMERICA N A * Customer - CORELOGIC * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA 4 ° RECORDER O D EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002FQV �I l I {11I I I I Il l lIN{{ IN I Ill Exhibit E ALL THAT CERTAIN Unit, being Unit No. 1250 (the "Unit"), of Timber Chase II, A Townhome Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase H, A Townhome Condominium (the "Declaration of Condominium ") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 573, Page 35 and Right of Way Plan Book 11, Page 139 respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and'Declaration Plats and Plan, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE Grantee, for an on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for maintenance, repairs, replacements and other expenses in connection with the Common Elements, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Timber Chase 11 Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenant shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. Exhibit F PO Box 9048 Temecula, CA 92589 -9048 2271911006 I 20130412 -7 ��Illlllln��lll��l�l��l��ll��l��ln�lll�l�l�l�ll�i���l��rllll�l BRIAN D HUGHES 1250 Hunters Ridge Dr Mechanicsburg, PA 17050 MR. April 12, 2013 BRIAN D HUGHES 1250 Hunters Ridge Dr Mechanicsburg, PA 17050 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency The names, addresses and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call 1- 717 - 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contract an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 2271911006 HOMEOWNER'S NAME(S): BRIAN D HUGHES PROPERTY ADDRESS: 1250 Hunters Ridge Dr Mechanicsburg, PA 17050 LOAN ACCT. NO.: ORIGINAL LENDER: BANK OF AMERICA CURRENT LENDERISERVICER: Bank of America, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face - to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (331 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistancefrom the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received with thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (ff you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1250 Hunters Ridge Dr Mechanicsburg, PA 17050 IS SERIOUSLY IN DEFAULT because A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Charges: 06/0112011 - 11/30/2011 @ $965.12 $5,790.72 12/01/2011 - 04130/2013 @ $969.73 $16,485.41 Late Charges: 06/01 /2011 - 07/3112011 @ $38.60 $77.20 10/01/2012 - 02/28/2013 @ $38.78 $193.90 Other Charges: Additional Uncollected Late Charges: $0.00 Uncollected Costs: $380.00 Partial Payment Balance: 0.00 TOTAL AMOUNT PAST DUE: $22,927.23 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $22,927.23, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashiers check, certified check or money order made payable and sent to Bank of America, N.A. at P.O. Box 15222 Wilmington, DE 19886 -5222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomeys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY 1301 DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personallyfor the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Bank of America, N.A. Address: PO Box 5170 Simi Valley, CA 93062 -5170 Phone Number: 800 - 669 -0102 Fax Number: 1-800- 520 -5019 Contact Person: General Collections E-Mail Address: correspondencesupport@bankofamerica.com This is not a secure email address; privacy is limited. Accordingly, confidential information, including account information and personallyidentifiable information should not be transmitted by this non - encryptedemail. If you prefer to send confidential information via e-mail, please contact us at the telephonenumber above, and we will arrange for an encrypted method of communication. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 2271911006 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 03/121201311:09 AM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 - 511 -2227 717 - 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717- 855 -2752 717 - 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 -234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 -334 -1518 717 - 780 -3940 800 -342 -2397 Ell 2271911006 C3_3222_BRECDISC 15352 09/24112 IMPORTANT DISCLOSURES If you are currently in a bankruptcy proceeding, or have previously obtained a discharge of this debt under applicable bankruptcy law, this notice is for information only and is not an attempt to collect the debt, a demand for payment, or an attempt to impose personal liability for that debt. You are not obligated to discuss your home loan with us or enter into a loan modification or other loan- assistance program. You should consult with your bankruptcy attorney or other advisor about your legal rights and options. Bank of America, N.A., the servicer of your home loan, is required by law to inform you that this communication is from a debt collector. There has been a payment default or other default on your loan that could result in acceleration of all sums due under the Note. As a result, Bank of America, N.A. will use companies, including its affiliates LandSafe Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc., LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, N.A., and LandSafe Appraisal Services, Inc., to provide services required to protect the Noteholder's interest and rights in the property and under the note and security instrument, including any remedies thereunder (the "Default Related Services "). Bank of America, N.A. will assess fees to your loan account for the Default Related Services, including those provided by its affiliates. A schedule of fees that may be charged to.your account for Default Related Services is available at the following web address: hffp://www.bankofamerir,a.comtdefauIffees If you do not have internet access, please contact us at 1- 800 - 669 -6607, Monday through Thursday 8 a.m. - 11 p.m. Eastern, Friday 8 a.m. - 9 p.m. Eastern, Saturday 9 a.m. - 3 p.m. Eastern, to have a fee schedule mailed to you. The fee schedule contains a complete list of the default - related services you could be charged, but does not include a complete list of all fees or charges that could be assessed on your loan account. MILITARY PERSONNEUSERVICEMEMBERS If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state_ laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at 1- 877 - 430 -5434. If you are calling from outside the U.S. please contact us at 1- 817 - 685 -6491. 2271911006 DIVULGACIONES IMPORTANTES Si usted se encuentra actualmente en un procedimiento de quiebra, o ha obtenido previamente una exoneraci6n de esta deuda bajo la ley aplicable sobre quiebra, este no es un intento de recaudaci6n, una demanda de pago o un intento de imponer una responsabilidad personal por esa deuda. Usted no este obligado(a) a hablar de su prestamo para vivienda con nosotros ni a participar en un programa de modificaci6n de prestamos u otro programa de asistencia para prestamos. Usted debe consultar con su abogado especializado en quiebras u otro asesor acerca de sus opciones y derechos legales. Bank of America, N.A., el administrador de su prestamo para vivienda esta obligado por ley a informarle a usted que esta comunicaci6n proviene de un cobrador de deudas. Ha ocurrido un incumplimiento de pago u otro tipo de incumplimiento con su prestamo que podria resultar en la aceleraci6n de todas las cantidades adeudadas bajo el Pagare. Como resultado, Bank of America N.A. utilizara companias, incluyendo sus afiliados LandSafe Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc., LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, NA, y Landsafe Appraisal Services, Inc., para proporcionar servicios necesarios para proteger los intereses del Titular en la propiedad y sus derechos bajo el instrumento de seguridad y el pagare, incluyendo cualquiera de sus recursos (los "Servicios relacionados a un incumplimiento "). Bank of America, N.A. aplicara cargos a la cuenta de su prestamo por los servicios relacionados a un incumplimiento, incluyendo los servicios proporcionados por sus afiliados. Una lista de los cargos que podrian cobrarse a su cuenta por servicios relacionados a un incumplimiento esta disponible en el sitio de Internet: [ htto: l/ www. bankofamerica.com /defaultfees] Si usted no tiene acceso a internet, por favor comuniquese con nosotros al 1- 800 - 669 -6607 de lunes a jueves de 8 a. m. a 11 p. m. hora del este, viernes de 8 a. m. a 9 p. m. hora del este, sabados de 9 a. m. a 3 p. m. hora del este. para pedir que se le envie una lista de cargos por correo. La lista de cargos contiene una lista completa de los servicios relacionados por incumplimiento que le podian cobrar, pero no incluye una lista completa de todos los costos y cargos que podrian ser aplicados a la cuenta de su prestamo. PERSONAL MILITAR/ MIEMBROS DE LAS FUERZAS ARMADAS Si usted o su c6nyuge es un miembro del servicio militar, por favor comuniquese con nosotros inmediatamente. La Ley federal de Ayuda Civil para Miembros de las Fuerzas Armadas y las leyes estatales comparables otorgan protecciones y beneficios significativos al personal del servicio militar que califique incluidas protecciones contra la ejecuci6n hipotecaria asi Como tambien ayuda en la tasa de interes. Para obtener mas informaci6n y determinar su calificaci6n por favor Ilame sin costo a nuestro Equipo de Asistencia para el Servicio Militar al 1- 877 - 430 -5434. Si usted llama desde fuera de los Estados Unidos por favor comuniquese con nosotros al 1- 817 -685 -6491. 2271911006 C3_5088 OPTAVDFC 15319 09/24/2012 Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your income and expense information available so we can discuss which option(s) could work for you. Options to consider if your goal is to stay in your home »» r> 33> 5a `; � `. . : ' i . 'c` >sas >? ? >5`t222a >2>s2 >> 3 <i3 Home Affordable A federal government program that allows you to repay the loan on newly agreed upon terms, Modification which may include lowering the interest rate, placing past due amounts at the end of the loan, Program (HAMP) and /or extending the term of the loan. You may be eligible for this program if you meet the following requirements: • The amount you owe on the first mortgage is equal to or less than $729,750 for a single - family home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or $1,403,400 for a 4 unit property • You have documented a financial hardship and represented that you do not have sufficient liquid assets to make the monthly mortgage payments. • Your mortgage was obtained before Jan. 1, 2009. • The property securing the mortgage loan has not been condemned or is not in such poor physical condition that it is not habitable even if not condemned • The mortgage is secured by a one to four unit property Loan If you can bring your loan payments up to date, we will accept the funds needed to bring the Reinstatement loan up to date until the day of your foreclosure sale. Repayment Plan A repayment plan allows you to make your regularly scheduled mortgage payments, plus pay off a portion of the past due amounts over time. This may include principal, interest, fees, and /or costs assessed to your loan. Temporary An agreement whereby we agree not to proceed with foreclosure and /or collection of payments Forbearance for a period of time, to allow you to re- establish your ability to make the required payments. Agreement Loan Modification A loan modification is a change to the original terms of your loan. Loan modifications could (non -HAMP) include lowering your interest rate, extending the term or maturity date of the loan, moving from an adjustable to a fixed -rate loan, deferring some portion of the unpaid principal balance to the end of the loan, and /or forgiving some portion of the unpaid principal balance. Partial Claim (FHA If you have a Federal Housing Administration (FHA) loan and your payments are past due but loans only) you are now able to make your regular monthly mortgage payment, this program is designed to bring your loan up to date by creating a second mortgage /lien on your property for the amount that is past due. Options to consider if you cannot or do not wish to stay in your home Home Affordable Designed to help borrowers who are eligible for the Home Affordable Modification Program Foreclosure (HAMP) but were unsuccessful in securing a permanent modification through the program. Alternatives HAFA provides the option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A Program (HAFA) short sale is a transaction in which you sell your property for less than the total amount owed on the loan (subject to agreement by your servicer /lender /investor), resulting in the release of our lien on your home and avoidance of foreclosure. A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfer ownership of your property to us in order to avoid foreclosure. Short Sale/ If you can no longer afford to make your mortgage payments and your home is worth less than Pre - foreclosure you owe, a short sale may allow you to sell your home to pay off the mortgage. In a short sale, Sale (non -HAFA) the lender agrees to accept an amount less than what is actually owed on the loan. Offered to borrowers who are not eligible for HAMP or other home retention alternatives. Deed in Lieu of Used as an alternative to foreclosure, with a deed in lieu of foreclosure, you transfer ownership Foreclosure of your house and all property secured by your mortgage loan. This may satisfy the total (non -HAFA) amount due on that mortgage. Offered to borrowers not eligible for HAMP or other home a fi retention alternatives, and who were not able to sell the property through a short sale. We are here to help you. Please call us today. 2271911006 Hay opciones disponibles para ayudarle a Evitar la Ejecucion Hipotecaria Llame al numero que aparece en la notificacion adjunta para obtener mas infolrmacion Cuando (lame, por favor tenga a la mano la informaci6n de sus ingresos y gastos para que podamos discutir cuales opciones podrian funcionar para usted. Opciones a considerar si su objetivo es permanecer en su casa :. :: :. :::::: crt . Home Affordable Es un programa del gobierno federal que le permite pagar el prestamo bajo los nuevos Modification terminos acordados, que pueden incluir la reducci6n de la tasa de interes, agregar Program (HAMP) cantidades vencidas al final del prestamo, y/o extender el plazo del prestamo. Usted puede calificar para este programa si cumple con los siguientes requisitos: • La cantidad que usted adeuda de su primera hipoteca es igual o menor que $729,750 d6lares para una vivienda unifamiliar, $934,200 d6lares para una propiedad de 2 unidades, $1,129,250 d6lares para una propiedad de 3 unidades o $1,403,400 para una propiedad de 4 unidades • Usted ha documentado que atraviesa por una dificultad financiera y declarado que no tiene suficiente liquidez para hacer los pagos mensuales de la hipoteca. • Obtuvo su hipoteca antes del 1 de enero de 2009. • La propiedad que garantiza el prestamo hipotecario no ha sido condenada o no est6 en malas condiciones fisicas como para no poder habitarse incluso si no est6 condenada. • La hipoteca estA garantizada por una propiedad de una a cuatro unidades. Restablecimient Si usted puede poner al dia los pagos de su prestamo, aceptaremos los fondos necesarios o del Prestamo para que el prestamo este al dia hasta la fecha de la venta por ejecuci6n hipotecaria. Plan de Pago Un plan de pago le permite a usted hacer sus pagos hipotecarios regulares, ademas de pagar una porci6n de los montos vencidos a traves del tiempo. Esto puede incluir capital, interes, cargos o costos aplicados a su prestamo. Acuerdo Es un acuerdo en el cual aceptamos no proceder con la ejecuci6n hipotecaria y/o el cobro Temporal de de los pagos por un periodo de tiempo, para permitirle que restablezca su habilidad de Tolerancia por hacer los pagos requeridos. incumplimiento Modificaci6n de Una modificaci6n del prestamo es un cambio en los terminos originales de su prestamo, Prestamo Las modificaciones podrian incluir reducir su tasa de interes, extender el termino o la fecha (no por medio de pago del prestamo, cambiar de un prestamo de tasa de interes ajustable a uno de tasa de HAMP) de interes fija, diferir una parte del saldo del capital impagado al final del prestamo, y/o condonar una parte del saldo de capital impagado. Reclamo Parcial Si usted tiene un prestamo de la Administraci6n Federal de Vivienda (FHA) y sus pagos (solamente estan vencidos, pero ahora puede hacer sus pagos regulares mensuales de la hipoteca, prestamos de la este programa esta disenado para que su prestamo este al dia mediante la creaci6n de FHA) una segunda hipoteca / gravamen sobre su propiedad por el monto que est6 vencido. 2271911006 Opciones a considerar si no puede o no desea quedarse en su casa Home Affordable Disenado para ayudar a los prestatarios que califican para el Programa de Home Foreclosure Affordable Modification (HAMP), pero no consiguieron obtener una modificaci6n Alternatives permanente a traves del programa. HAFA ofrece la posibilidad de una venta en Program (HAFA) descubierto y, si no tiene exito, una escritura de traspaso voluntario de propiedad en lugar de la ejecuci6n hipotecaria. Una venta en descubierto es una transacci6n en la que usted vende su propiedad por menos de la cantidad adeudada en el prestamo (sujeto a previo acuerdo de su administrador / prestamista / inversionista), resultando en la liberaci6n de nuestro derecho de retenci6n sobre su propiedad y evitar la ejecuci6n hipotecaria. Una escritura de traspaso voluntario de propiedad en lugar de la ejecuci6n hipotecaria es una transacci6n en la que usted esta de acuerdo de transfers voluntariamente las escrituras de su propiedad a nosotros con el fin de evitar la ejecuci6n hipotecaria. yenta en Si usted ya no puede hacer sus pagos hipotecarios y su vivienda vale menos de to que descubierto / usted adeuda, una vents en descubierto le podria permitir vender su vivienda para pagar yenta previa a la la hipoteca. En una venta en descubierto, el prestamista acepta recibir una monto menor ejecuci6n de to que actualmente se adeuda en el prestamo. Se ofrece a los prestatarios que no hipotecaria (no por califican para HAMP o para otras alternativas de retenci6n de la vivienda. medio de HAFA) Escritura de Se usa como una alternativa de la ejecuci6n hipotecaria. Con una escritura de traspaso traspaso de voluntario de propiedad en lugar de la ejecuci6n hipotecaria, usted transfiere la titularidad propiedad en lugar de su vivienda y toda la propiedad que garantiza su prestamo hipotecario. Esto puede de la ejecuci6n hacer que el monto total vencido de esa hipoteca se considere como pagado. Se ofrece a hipotecaria (no por prestatarios que no califican para HAMP u otras opciones de retenci6n de vivienda, y que medio de HAFA) no pudieron vender la propiedad a traves de una venta en descubierto. Estamos aqui para ayudarle. Por favor Ilamenos hoy. cot THE COURTS FORM 1 BANK OF AMERICA, N.A., SUCCESSOR IN THE COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY, SERVICING, LP FKA COUNTRYWIDE PENNSYLVANIA HOME LOANS SERVICING, LP 7105 Corporate Drive Plano, TX 75024, S4, 7� CIVIL Plaintiff, C) . r-01 Vs. c � � - - mm Brian D. Hughes r 1250 Hunters Ridge Drive �r � Mechanicsburg, PA 17050, Defendant =© : °`n NOTICE OF RESIDENTIAL MORTGAGE FORECL08YIUE - r DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully s bmitted: Date a n Es uire Milstead &Ass cat s, LLC 220 Lake Drive st, Suite 301 Cherry Hill, NJ 002 856- 482 -1400 856- 482 -9190 (f) PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 201.2 THE COURTS 1665 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER /PRIMARY APPLICANT 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 •• • First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default Is the loan in Bankruptcy? Yes ❑ No ❑ 45.27598 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 1666 THE COURTS If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #l: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount Owed: Value Monthly Income Name of Employees: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Id Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered Auto fuel/repairs Other prop. payment Install. Loan Payments — : - Cable TV Child Su ort/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 45.27598 2 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 THE COURTS 1667 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑No❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑No❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: ✓ Proof of income ✓ Past 2 bank statements ✓ Proof of any expected income for the last 45 days ✓ Copy of a current utility bill ✓ Letter explaining reason for delinquency and any supporting documentation (hardship letter) ✓ Listing agreement (if property is currently on the market) MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482 -1400 Attorney for Plaintiff File: 45.27598 BANK OF AMERICA, N.A., SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 Corporate Drive Plano, TX 75024, No.. Plaintiff, CIVIL ACTION/RESIDENTIAL OWNER Vs. OCCUPIED MORTGAGE FORECLOSURE Brian D. Hughes 1250 Hunters Ridge Drive Mechanicsburg, PA 17050, Defendant 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 800 - 990 -9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. SHERIFF'S OFFICE OF CUMBERLAND COUNTY r 0_ 1 Ronny RAnderson ;-. ��:,� �;�.;�' �,(,�_ Sheriff THP O-r` ONU ! Jody S Smith Chief Deputy 1113 OCT -3 PH 2: 42 Richard W Stewart r 11MBERLANCCOU14°'Y Solicitor PENNSYLVAt A Bank of America, N.A. Case Number vs. Brian D Hughes 2013-5074 SHERIFF'S RETURN OF SERVICE 09/27/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Brian D Hughes, 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 1250 Hunters Ridege Drive, Hampden Township, Mechanicsburg, PA 17050.The residence is vacant and to this date the Mechanicsburg Postmaster has not provided an address for service and the Complaint has since expired. SHERIFF COST: $44.30 SO ANSWERS, 644 September 27, 2013 RON R ANDERSON, SHERIFF {c}CountySuite Sheriff,Teleosoft,Inc. MILSTEAD &ASSOCIATES, LLC - BY: Patrick J. Wesner, Esquire!k 25 AN r" ID No. 203145 11: 220 Lake Drive East, Suite 301 (;i{ %PAj t ,t Cherry Hill,NJ 08002 PENMSYLVANI (856)482-1400 Attorney for Plaintiff File No. 45.27598 BANK OF AMERICA, N.A., SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff, Vs. No.: 13-5074 Civil t Brian D. Hughes, Praecipe to Reinstate Complaint in Defendant. Mortgage Foreclosure TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. t MILSTEAD& ASSOCIATES, C Pa es . r, Esqu" e Attorney ID No. 20314 �I. - 0 (PC) SHERIFF'S OFFICE OF CUMBERLAND 4y COUNTY �; , 1 ' '' 1r L r Ronny R Anderson Sheriff itx �EtfrW Jody S Smith Chief Deputy .- W U f j QEc I I Richard W Stewart 4-_v Solicitor °F ; l r PENNS YI V ,. d J,+ t Bank of America, N.A. Case Number vs. Brian D Hughes 2013-5074 SHERIFF'S RETURN OF SERVICE 12/05/2013 08:32 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Brian D Hughes at 1250 Hunters Ridge Drive, Hampden Township, Mecha urg, PA 17050. BRIAN GRZY S I„ :�•UTY SHERIFF COST: $72.36 SO ANSWERS, December 06, 2013 RONNR ANDERSON, SHERIFF • (c)CountySuite Sheriff,Teleosoff,Inc. MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482 -1400 File Number: 45.27598 55 ( ";c.MDERLANUJ PEPINS YLVANIA COUNTY Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 Corporate Drive Plano, TX 75024, Plaintiff, Vs. Brian D. Hughes 1250 Hunters Ridge Drive Mechanicsburg, PA 17050, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-5074 Civil PRAECIPE FOR JUDGMENT, IN REM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Brian D. Hughes, Defendant, for failure to file an Answer on 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 Interest 8/31/13 through 03/17/14 $175,354.62 $4,184.97 TOTAL 8179,539.59 I hereby certify that (1) the addresses of the Plaintiff and Defendant is as shown above and (2) that notice has been given in accordant- ith Rule 237.1. copy attached. Robert W. Williams, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: t1 «1∎ -1 PROTHO& 17ARY l�l�, t -MISS tkuos MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff Our file number: 4527598 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff, Vs. Brian D. Hughes, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-5074 Civil TO: Brian D. Hughes 1250 Hunters Ridge Drive, Mechanicsburg, PA 17050 DATE OF NOTICE: March 5, 2014 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 BANICRUF'TCY, 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 claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this 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. Page 1 of 3 LAWYER INFORMATION AND REFERRAL SERVICE LEHIGH COUNTY BAR ASSOCIA l'ION 1114 W. WALNUT STREET ALLENTOWN, PA 18102 610-433-7094 MILSTEAD & ASSOCIAl ES, LLC By: Rbbert W. Williams, Esquire ID No. 315501 Attorney for Plaintiff Page 2 of 3 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Brian D. Hughes 1250 Hunters Ridge Drive Mechanicsburg, PA 17050 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FICA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff, Vs. Brian D. Hughes, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-5074 Civil NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Robert W. Williams, ESQ. 315501 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 File Number: 45.27598 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff, Vs. Brian D. Hughes, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-5074 Civil VERIFICATION OF NON-MILITARY SERVICE Robert W. Williams, Esquire, hereby certifies that he is attorney for the Plaintiff in the above-captioned matter, and verifies the following facts to the best of his information and belief: 1. inquiry has been made with the Department of Defense, and it has been determined that Defendant is not in the Military or Naval Service of the United States or its Allies, and/or do not fall within the provisions of the Servicemembers Civil Relief Act of 2003, 50 USC App.§ 501 2. defendant, Brian D. Hughes, is over 18 years of age, . DATE: Robe W Williams, Esquire Department of Defense Manpower Data Center Results as of : Mar -14. 2014 06:17:19 AM SCRA 3.0 Status Report Pursuant to Sery eemernbers Civil ReIief Act. Last Name: HUGHES First Name: BRIAN Middle Name: D. Active Duty Status As Of: Mar -14 -2014 On Active Duly On Active Duty Status Dale Active Duty Stan Date Active Duty End Date Status Service Component NA NA - No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This re ponse reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Dale Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification lo 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 Dbarp.- MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File No. 45.27598 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, Vs. Brian D. Hughes Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-5074 Civil CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Robert W. Williams, Esquire, do hereby certify that the Complaint in Mortgage Foreclosure was served upon Defendant, Brian D. Hughes on December 11, 2013 by the Cumberland County Sheriff. A copy of the Service Returns are attached hereto and made a part hereof as Exhibit "A". 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 18Pa.C.S. § 4904 relating to unsworn falsification to authorities. Robert W. Williams, Esquire Attorney for Plaintiff INFOCON Corporation Page 1 of 1 PA - CUMBERLAND Prothonotary Log Off j 0 2013 INFOCON CORPORATION, All Rights Reserved 3/14/2014 - 9:14 AM Functions ENTER PAGE UP PAGE DOWN DONE EXIT E-MAIL BACK Dockets Filed Case No: 2013-05074 Case Type:REAL PROPERTY - MORTGAGE FOREC Caption: BANK OF AMERICA NA (vs) HUGHES BRIAN D Filed Date/Time: 08/28/2013 10:37 Position to Page: j of 2 Search Date: 00/00/0000 i771 Set Date Description Image 08/28/13 COMPLAINT - MORTGAGE FORECLOSURE - BY PATRICK J WESNER ATTY FOR PLFF PLFF 08/28113 NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM - AM FOR PLAINTIFF ATTY FOR PLAINTIFF 10/03/13 SHERIFFS RETURN - DATED 09/27/13 - DEFT NOT FOUND ******* SHFF COST • $44.30 SHFF COST - $44.30 11/25/13 PRAECIPE TO REINSTATE COMPLAINT IN MORT FORECLOSURE - BY PATRICK J WESNER ATTY FOR PLFF WESNER ATTY FOR PLFF 12/11113 SHERIFF'S RETURN - DATED 12/05113 - NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM AND COMPLAINT IN MORTGAGE FORECLOSURE SERVED ON DEFT AT 1250 HUNTERS RIDGE DRIVE MECHANICSBURG PA 17050 http://www.infoconeountyaccess.com/CAS_PublicInquiries/Views/CAXPY_Views/PYS510D.aspx 3/14/2014 MILSTEAD & ASSOCIATES, LLC Attorney for Plaintiff BY: Robert W. Williams,Esquire 2014 HAR ID No. 315501 �� ,1: $ I E. tow Road CL1MBERL A No Marlton,NJ 0 053 PEI qS Y A i jUl7 Y A (856) 482-1400 File No. 45.27598 BANK OF AMERICA,N.A., SUCCESSOR ; COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP, Plaintiff, Vs. No.: 13-5074 Civil Brian D. Hughes Entry of Appearance Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,in the above captioned matter. MILSTEAD& ASSOCIATES, LLC Robert W. Williams, Esquire Attorney ID No. 315501 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR CIVIL ACTION BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, NO.: 13 -5074 Civil Plaintiff, PRAECIPE FOR WRIT OF EXECUTION Vs. (Mortgage Foreclosure) Brian D. Hughes, Defendant TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above - captioned matter; 3. and index this writ against the Defendant(s) as follows: Brian D. Hughes Real Property involved: 1250 Hunters Ridge Drive Mechanicsburg, PA 17050 Sale . Amount Due $179,539.59 Interest from 3/18/14 to Date of at $21.03 per diem (6 %) TOTAL (Costs to be added) DATE: 4/ ( 11.26‘...\ L4u .3b aB : �oi• �141i " t yt Respectively submitted, Milstead & Associates, LLC r Rob • rt W. Williams, Esquire Attorney for Plaintiff 1 E. Stow Road Marlton, NJ 08053 .as� c/a . soCC- C�- �iauyst, '�- 36Li sa Ri C ALL THAT CERTAIN Unit, being Unit No. 1250 the "Unit "), of Timber Chase II, a Town -home Condominium ( the "Condominium "), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase II A Townhome Condominium ( the "Declaration of Condominium ") and Declaration Plats and Plans recorded in the office of the Cumberland County Recorder of Deeds in Miscellaneous Book 573, Page 35 and right of Way Plan Book 11, Page 139 respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration Plats and Plan, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plan, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominiums, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. Title to said Premises vested in Brian D. Hughes by Deed from Matthew Lee Seiler dated 3/15/2010 and recorded on 3/18/2010 in the Cumberland County Recorder of Deeds in Instrument No. 201006751. Being known as 1250 Hunters Ridge Drive, Mechanicsburg, PA 17050 Tax Parcel Number: 10 -15- 1283- 011U49 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 45.27598 ij RR 1 7 Ail 1 y s CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff, Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13 -5074 Civil AFFIDAVIT OF SERVICE Brian D. Hughes, PURSUANT TO RULE 3129.1 Defendant BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 1250 Hunters Ridge Drive, Mechanicsburg, PA 17050: 1. Name and address of Owners(s) or Reputed Owner(s): Brian D. Hughes 1250 Hunters Ridge Drive Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP (Plaintiff herein) 7105 Corporate Drive Plano, TX 75024 4. Name and Address of the last recorded holder of every mortgage of record: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP (Plaintiff herein) 7105 Corporate Drive Plano, TX 75024 5. Name and address of every other person who has any record lien on the property: Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17055 Hampden Township c/o Keith O. Brenneman 44 W. Main Street, PO Box 318 Mechanicsburg, PA 17055 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant Department of Domestic Relations 1250 Hunters Ridge Drive Cumberland County Courthouse Mechanicsburg, PA 17050 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Cumberland County Tax Bureau 21 Waterford Drive, Suite 201 Mechanicsburg, PA 17050 Timber Chase II Condo Association Mechanicsburg, PA 17050 Hampden Township Tax Office 230 S. Sporting Hill Road Mechanicsburg, PA 17050 Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Robe W. Williams, Esquire Attorney for Plaintiff TO: OWNER(S) PLAINTIFF /SELLER: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ALL PARTIES IN INTEREST AND CLAIMANTS Brian D. Hughes BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP DEFENDANT(S): Brian D. Hughes PROPERTY: 1250 Hunters Ridge Drive Mechanicsburg, PA 17050 (Improvements erected thereon) JUDGMENT AMOUNT: $179,539.59 CUMBERLAND COUNTY No.: 13 -5074 Civil The above captioned property is scheduled to be sold at Sheriff's Sale on September 3, 2014 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013. You may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed hereto within 10 days after the filing of the schedule. 45.27598 Sincerely, \ Mb& Rob: W. Williams, Esquire MILSTEAD & ASSOCIATES, LLC 1 E. Stow Road Marlton, NJ 08053 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482 -1400 File Number: 45.27598 20110PR I-1 Ili I CUi1D`RLt ND COUNTY PENHSYLVA.N9 f Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff, Vs. Brian D. Hughes, Defendant • COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13 -5074 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 TAKE NOTICE: Your house (real estate) at 1250 Hunters Ridge Drive, Mechanicsburg, PA 17050, is scheduled to be sold at sheriff's sale on September 3, 2014 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $179,539.59 obtained by BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP. 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 cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856- 482 -1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856- 482 -1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. 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. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 45.27598 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., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Vs. NO 13 -5074 Civil Term CIVIL ACTION — LAW BRIAN D. HUGHES 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: $179,539.59 L.L.: $.50 Interest FROM 3/18/14 TO DATE OF SALE AT $21.03 PER DIEM (6 %) Atty's Comm: Atty Paid: $277.16 Plaintiff Paid: Date: 4/17/14 (Seal);. REQUESTING PARTY: Name: ROBERT W. WILLIAMS, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 1 E. STOW ROAD MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856- 482 -1400 Supreme Court ID No. 315501 Due Prothy: $2.25 Other Costs: . Buell, Proth II Ifia Iii SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R AndersonSheriff F;LED -OF-'0E C7 '..E..`u///unu7,1,„;y =, ���n�. ^�*_ --~�xm* JodyS8m�h Chief Deputy 70/' SEP /A �W �� �� .�. ^ "" Richard W Stewart CUMBERLAND COUNTY Solicitor �'�� r�MM�YL���AN!A Bank of America, N.A. vs. Brian D Hughes Case Number 2013-5074 SHERIFF'S RETURN OF SERVICE 06/ 19/2014 08:21 PM - Deputy Shawn Harrison, being duly sworri according balaw. states service was performed by posting a true copy of the requested Real Estate Wr.NoticeandDeocrpUon.and8a|eHmndbU/inthe above titled action, upon the property located at 1250 Hunters Ridge Drive, Mechanicsburg, PA 17050, Cumberland County. 07/14/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Brian D. Hughes, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 1250 Hunters Ridge Drive, Mechanicsburg, PA 17050, no occupants in house, For Sale sign is posted on property, did not leave a forwarding with the post office. 08/29/2014 Ronny R/\ndemon. Sheriff, being duly sworn according to |aw, states that this writ is returned "stayed", per Ietter of instruction from Attorney. SHERIFF COST: $873.74 SO ANSWERS, September 05, 2014 RDNRANDERSON, SHERIFF _ S~ ~�r. /�-, �°' -- x7���� �.^'= Y��� wcountyStHe Sheriff, 'releosoft. mc On May 16, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Known and numbered as, 1250 Hunters Ridge Drive, Mechanicsburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: May 16, 2014 By: beutzt Real Estate Coordinator Z11 :8 V I Z LidV 4101 1 r- Jj1443 40 LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2013-5074 Civil BANK OF AMERICA, N.A. vs. BRIAN D. HUGHES Atty.: Robert W. Williams ALL THAT CERTAIN Unit, being Unit No. 1250 the "Unit"), of Timber Chase II, a Town -home Condomin- ium ( the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase II A Townhome Condominium (the "Dec- laration of Condominium") and Dec- laration Plats and Plans recorded in the office of the Cumberland County Recorder of Deeds in Miscellaneous Book 573, Page 35 and right of Way Plan Book II, Page 139 respectively, together with any and all amend- ments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration Plats and Plan, as last amended. TOGETHER with the right to use the Limited Common Elements ap- plicable to the unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plan, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restric- tions, rights of way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominiums, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. Title to said Premises vested in Brian D. Hughes by Deed from Mat- thew Lee Seiler dated 3/15/2010 and recorded on 3/18/2010 in the Cum- berland County Recorder of Deeds in Instrument No. 201006751. 61 Being known as 1250 Hunter Ridge Drive, Mechanicsburg, PA 17050. Tax Parcel Number: 10-15-1283- 011U49. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 11, July 18 and July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. arie Coyne, E itor SWORN TO AND SUBSCRIBED before me this COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 f. The Patriot -News Co. ,1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'rl�e ]Jatriot-Xews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY er ALL THAT CEKtAt� o. ing`, t)nil NO.1250 the "UniCpnof TiTimmbb r Chase It, a TOW11•h10me ( the "Condominium"), located in Hampden Township, Cumberland County, Penns)'i, at a, which Unit is designated inof the Declaration aromas II Condommtum Cppdom►nlum (the "A Tlarati n ndominlUm) and Decla rau n laof Co peclaratioi Plats the a Cumberland il I I Ilii i 11 This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 worn to and subscribed before me this 20 day of August, 2014 A.D. S _ a NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Two., Cumberland County 1 t,l;/ Commission Expires July 16, 2018 1-_ PENNSYLVANIA ASSOCIATION OF NOTARIES