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HomeMy WebLinkAbout13-5101 - SuPneAne Cou" f�Pennsylvania Y Cour A Co�fllmo leas For Prothonotary Use Only: C I] ver Sfie Docket No: Cueiland County c `tea ham, � y . The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of leadings or other papers as required by la►v or rules of court. Commencement of Action: S x Complaint E Writ of Summons 13 Petition E Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T U.S. Bank National Association, as Trustee, et al. Henry Earl Ferguson III I Are money damages requested? ER Yes i No Dollar Amount Requested: within arbitration limits O (check one) Doutside arbitration limits N Is this a Class Action Suit? Yes El No Is this an MDJAppeal? a Yes No A Name of Plaintiff /Appellant's Attorney: Stephen M. Hladik, Esq. and William E. Miller, Esq. J Checic here if you have no attorney (are a Self- Represented JPro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional El Buyer Plaintiff Administrative Agencies Malicious Prosecution J Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle ® Debt Collection: Other Board of Elections Nuisance J Dept. of Transportation Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) ❑ Employment Dispute: Slander/Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other J Zoning Board 'I' Other: I [] Other: O MASS TORT 0 Asbestos N -i Tobacco Toxic Tort - DES Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste IJ Ejectment Other: J r_1 Common Law /Statutory Arbitration B Eminent Domain /Condemnation _" Declaratory Judgment Ground Rent Mandamus I El Landlord/Tenant Dispute I] Non - Domestic Relations G1 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY LJ Mortgage Foreclosure: Commercial 0 Quo Warranto J Dental E3 Partition Q Replevin Q Legal M Quiet Title 0 Other: 0 Medical 171 Other: Other Professional: Updated 1/1/2011 STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF C.. a, ATTORNEY I.D. NO. 66287 :� z WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 N� o KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue° P.O. Box 1489 © C North Wales, PA 19454 (215 ) 855- 9521�� U.S. BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY, PA THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET - BACKED CERTIFICATES, SERIES 2006 -BC3 209 S LaSalle St 31 NO: Chicago, IL 60604 PLAINTIFF, V. HENRY EARL FERGUSON III 914 Brandt Avenue, New Cumberland, PA 17070, DEFENDANT. COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOS 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. Z 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: LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue P.O. Box 1489 North Wales, PA 19454 (215 ) 855 -9521 U.S. BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY, PA THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET - BACKED CERTIFICATES, SERIES 2006 -BC3 209 S LaSalle St 31 NO: Chicago, IL 60604 PLAINTIFF, V. HENRY EARL FERGUSON III 914 Brandt Avenue, New Cumberland, PA 17070, DEFENDANT. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff hereby complains against Defendant as follows: 1. Plaintiff is U.S. Bank, National Association, as Trustee for the Holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset - Backed Certificates, Series BC -3, ( "Plaintiff'), with an address of 209 S LaSalle St 3171, Chicago, IL 60604 2. Plaintiff is the current holder of the mortgage described below (the "Mortgage "): (a) Parties to Mortgage Mortgagee Mortgage Electronic Registration Systems, Inc. ( "MERS "), as nominee for Wilmington Finance, Inc. Mortgagor Henry Earl Ferguson III (b) Date of Mortgage April 14, 2006 (c) Place and Date of Record of Mortgage Recorder of Deeds County: Cumberland Mortgage Book: 1947, Page: 3096 Date: April 21, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No.1019 (g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignment Assignor: Mortgage Electronic Registration Systems, Inc. Assignee: U.S. Bank, National Association, as Trustee for the Holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset - Backed Certificates, Series BC -3 Date of Assignment: April 26, 2012 Recording Date: April 30, 2012 Instrument No.: 201212452 3. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above - described Assignment. 4. Contemporaneous with execution of the Mortgage, Defendant executed a Note (the "Note "). A true and correct copy of the Note is attached hereto and marked as Exhibit `B." 5. The real property which is subject to the Mortgage is generally known as 914 Brandt Avenue, New Cumberland, PA 17070. A true and correct copy of the legal description is attached hereto and marked as Exhibit "C." 6. The name and mailing address of Defendant is: Henry Earl Ferguson III, , 914 Brandt Avenue, New Cumberland, PA 17070. 7. The interest of Defendant is as Mortgagor, Real Owner, or both. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of October 1, 2011, and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 9. The following amounts are due as of August 27, 2013: Principal of Mortgage debt due and unpaid $174,886.45 Interest currently due and owing at an annual rate of 7.25 %, currently at $33.49 each day $23,764.19 Escrow Advance $5,708.64 Interest on Escrow Advance $11.42 Accumulated Late Charges $132.50 Title Search $175.00 Court Costs (filing and service) $203.75 Attorneys' Fees $1,800.00 TOTAL $206,681.95 10. Interest accrues at a per diem rate of $33.49 each day that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 11. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 12. Notice pursuant to Act 9/160, was sent to Defendant on February 14, 2013. A true and correct copy of the Notice sent to Defendant is attached hereto and marked as Exhibit « „ WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 9 and 10, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Respectfully submitted, KERNS, PEARLSTINE, ONORATO & HLADIK, LLP Date: By. Stephen . ladik, Esquire Willia iller, Esquire Attorneys for Plaintiff VERIFICATION Francia Gamez hereby sues that he/she is an agent for the Plaintiff in this action; that helshe is authorized to and does take this Verification on behalf of said Plaintiff; and that the statements made in the foregoing Complaint m Mortgage Foreclosure are true and coned to the best ofhisA= knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA. C.S. §4904, relating to unswoin falsification to authorities. HateJ 13 Name: Francia Game Title: Document Contrc! Officer C ompan ielect Portfolio Servicing, Inc. as Attorney in Fact File # 13 -0318 MIS 9FR 21 Ail 1031 Prepared By: Wilmington Finance, Inc. 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 Q e � ^ Return To : n Wilmington F' cq Inc. 401 Plymouth d, Suite 400 Re mimnia Settie)ne ft LLC Plymouth M PA 19462 400 Penn Center BouNirl�rld Parcel Number: 26 24 -0811 -176 Building 4 Suite 707 Pittsburgh, PA 15235 Premises: 914 BRANDT AVENUE NEW CUMBERLAND, PA 17070 (Space Above Thta Une For Recording Datal MORTGAGE Loan Numbers MIN 100372406022136094 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 ofwords used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated April 14, 2006 together with all Riders to this document. (B) "Borrower" is HENRY EARL FERGUSON Ill, SINGLE PERSON Borrower is the mortgagor underthis Security instrument. (C) "HERS" 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 h 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) 6794AERS. PENNSYLVANIA - Single Family- Fannie VAWFreclftieeeUNIFORM INSTRUMENT WITH MERS Form 30391t01 4ft-6A1PA)mwm gate ti vW b•ro•o•eawa •, bc leog5rtazar DDS6PA PLAIN_ TIFF'B � E IBIT BK 1947PG309'6 . (D) "Lender" is Wilmington Finance, Inc. Lenderisa Corporation organized and existing under the laws of Delaware Lender's address is 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 (E) " Note" means the promissory note signed by Borrower and dated April 14, 2006 The Note states that Borrower owes Lender One Hundred Fifty -Seven Thousand Five Hundred and 00 /100 Dollars (U.S. $157,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 1, 2036 (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. (II) "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]: ❑X Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ 14 Family Rider ❑ 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. (.l) "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. (I) "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 Item s" means those items that are described in Section 3. (M) "Miseellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) far: (i) damage to, or destruction of the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of oromissions as to, the value and/orcondition ofthe Property. (l) "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 ofthis Security Instrument. 4ftd6A(PA)( —e( ftg*201e Form 303f1 1101 DDS-&A 41 8K 1947PG3097 (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 tune 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 anyparty thathas taken title to the Property, whether or not that party has issumed 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 County [Type ofReoording lurisdierion] of CUMBERLAND (Name ofReeordingJmisdicuon]: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 914 BRANDT AVENUE [Ctreet) NEW CUMBERLAND [City], Pennsylvania 17070 [Zipcodel ( "Property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all ofthose 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. 81- GA(PA)iosoei aesesaie Form 3039 1101 " DDS4PA BKI947PG3098 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under theNote. 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 unappiied funds until Borrower makes payment to bring the Loan current. IfBorrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied fast to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments i> and to the extent that each payment can be paid in full. Mt-4A(PA) (woal Pe' 7 e CM g Form30JS 7101 DE"PA BK 1947PG3099 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 stun (the "Funds') to provide for payment of amounts due for (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan. Lender may require that Community Association Dues, Fees, and 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 Borrowers 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 Instrntnent, 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, Borrowershall payto Lenderall 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 ( tans, 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. 48L-GA(PA)tosoat DDS -6PA Fortn X039 1101 `BKI947PG3100 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. Ifthere is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. -0A(PA) N5w) ravesmra Forth 30]9 1 101 DD,"PA TX l 947PG3 101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or w an additional loss payee. Lender shall have the right to bold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender asmortgagee and/or as an additional losspayee. 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 forpublic 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 Lenders security would be lessened, the insurance proceeds sball be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, ifany, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance - claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance tamer 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 underthe Note or this Security Instrument, whether ornot then due. Mw) r.p. rd to Form 3099 1101 DDSdPA BK 1947PG3 102 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers 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 sores 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 relievedofBorrowe>'s obligation forthe completion of such repair orrestoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior-to such an interior inspection specifying such.masonable cause... & Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Bormwer or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrowers occupancy ofthe Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for wbatever is reasonable or appropriate to protect Lenders 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 attomeys' Pecs 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 dons 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 underthis Section 9. 41%- 4A(PA) (o—) vp.em+e 0 Form3039 1101 DDS -6PA 'BK- 1947PG3`103 . ... . ..... ........ - .... -..- ...... - -- _._..._....- .......__. �_....�: __....._ 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 Lenderto Borrower requesting payment. Ifthis Security Instrument is on a leasehold, Borrower shall comply with all the provisions ofthe lease. IfBorrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Tender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated 'payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lenders 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 Borrowers 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 parry to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurers 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. �$A(PA)(osae) r+wwaaie rru Form 3039 t /at DDS -6PA HK 1 947PG3 104 (b) Any such agreements will not affect the rights Borrower has - If any - with respect to the Mortgage Insurance under the Homeowners Protection AM o[1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and /or to receive refund ofany 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, it the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. Ifthe restoration or repair is not economically feasible or Lenders security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repay 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 Borrowerhas 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. 41ft-6A(PA) (030e) P.010WIS Form 3039 1 f01 DDSfiPA :BK 1 947FG3 105 Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceed to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Secdon2. 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 amorti2ztion of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors In interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signers 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 Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrowers default, for the purpose of protecting Lenders interest in the Property and rights under this Security Instrumcnt, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. if a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 4ft4A(PA)(05M vp.i mre Form3039 1101 DDS -6PA BK I 947PG3 1.06 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. 'lire notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lenders address statedherein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effectwithout the conflicting provision. As used in this Security Instrument (a) words ofthe masculine gender shall mean and include corresponding neuter words or words ofthe 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 ofthe 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 transferoftitte by Borrower at a future date to apurahaser. If all or any part ofthe 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 Lenders 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 anytime prior to the earliest of (a) five days before sale ofthe 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 right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. w. 4ft4A(PA) m5M Form 3039 1/01 MS-6PA SK 1 947PG3 107 .._.._._.__...__.._.._...._._ .__....J_ ...................... ... .. ._. .:. .. .._.. ...._... ._I. ......... ...1._.rJ�___. _..._ .,. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security hustrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treas frees check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan ServIcer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Now and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note puuchaserunless 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 otherparty has breached any provision of, or any duty owed by reason ol� 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 Sectiori 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. ilft.gA(PA){osm Pap"J3a1E Form 3039 1107 DDSfiPA BKI947PG3'108 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 ofa 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 govennnental or regulatory agency or private parry involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall 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 foreclorsure proceeding the nou- existence ofa 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. Walvers. 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 ofexecutiay extension oftime, 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 ofbidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26.' Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. - 6A(PA) MWM P 'o"'of ° Form 3039 1101 DDS -6PA BKI947PG3109 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Sccurity Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: Seal) HL RGUSON IQ Borrower (Seal) - - norrowcr (Seal) (Seal) . .. .. - Borrower .. ... - Burrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) _ Borrower - Borrower - 6A(PA) (ow°) P'o°t Form 3039 1101 DDS-PA BK 1947PG3 110 COMMONWEALTH OFPENNSYLVANIA, ��r"��� County ss: On this, the / Y day of /a(/°�i apv G before me, the undersigned officer, personally appeared 14--f,v.e y ILZ— known to me (or satisfactorily proven) to be the persons whose name* ist* subscribed to the within instrument and acknowledged that he/aWt>terexecuted the some for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Title of0tlicer ' ~ , OOMMONWE.ALTN OF PENNSnvAN1A Nobft sea( Rldterd E Leonard, Jr,. Notary Pdit Graeae Twp, Frankin Cor * Certificate of Residence MyconplissionE>�m� 29. 107 . kt woff,Pe'60aris n.exiabnotm*r" 1, Amll4 KCLSOI - do hereby certifythat the correct addrlss of the within -named Mortgagee is P.O. Box 2026, Flint, MI 49501 -2026. Witness my hand this 1 24 1 h day of Apt { 9CUo Agent of Mongagee a qft -SA(PA) losoa) P."10015 Form 3039 1101 DE64PA 9X 1947PG3 I I ADJUSTABLE RATE RIDER (LIBOR Index -Rate Caps) Loan Number: THIS ADJUSTABLE RATE RIDER is made this 14th day of April, 2006 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument ") of the same date given by the undersigned (the "Borrower's to secure Borrower's Note to Wilmington Finance, Inc. (the "Lender ") ofthe same date and covering the property described in the Security Instrument and located at: 914 BRANDT AVENUE NEW CUMBERLAND, PA 17070 (Pmp"Addmnj THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.990 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of May, 2009 and on that day every sixth month thereafter. Each date on which my Interest rate could change is called a "Change Date." WILMINOTON FINANCE, INC. - MODIFIED MULTISTATE ADJUSTABLE RA [BE IBORlndox) - SingleFamiy - Freddie Mae UNIFORM INSTRUMENT 15R(0008) Page Page t of4 I VMPMORTGAGEFORMS- DDS -GAO BK 1947PG3.I 12 . .... ..._ ............ ..._.._...___.___..._._...__... _..__._..1.�__...... .... ._.. _. .... .. _..., .....: ..�...................,...... .I . _. .. ...,L „..__1.r..__...... _. :... .. _ (8) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index” is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ( "LIBOR "), as published in M Wall Street Journal. The most recent Index figure available as ofthe first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice ofthis choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Five and 990/1000 percentage points ( 5.990 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one - eighth of one percentage point (0.125 %). Subject to the limits stated In Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount ofthe monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result ofthis calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.990 % or less than 7.990 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more then one percentage point (1 %) from the rate of interest I have been paying for the preceding six months. My interest rate will neverbe greaterthan 13.990%, or less than 7.990 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. In' 41k-81 SR (0008) Page 2 04 Form 31921101 DDS -GAO 9K 1947PG3 1 13 (F) Notice of Changes The Note Holder will deliver or mail tome a notice of any changes in my interest rate and the amount ofmy monthly paymentbefore the effective date of any change. The notice will include information required bylaw to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 ofthe Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if a 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. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrowerwill continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, 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. Inili A-MR (0008) Page 3 of 4 Form 31921101 DDS -GAO 8K 1947PG31 14 BY SIGNINO BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. Seal) - BnRewer (Seal) 4Henry7ftrguson Iii - Bortower (Seal) (Seal) Borrower -Borrower (Seal) (Seal) -Borrower - Borrower (Seal) (Seal) - Borrower -Borrower OV ISR (0008) Page 4 ot4 Form 31921/01 DDS -GA0 UbK 1947PG3 I 1 -5 EXHIBIT "A" LEGAL DESCRIPTION All that certain piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the southern line of Brandt Avenue, which point is 232.00 feet measured westwardly along the southern line of Brandt Avenue from the southwest comer of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chestcr C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the southern line of Brandt Avenue, South 77 degrees 06 minutes East, 65.00 feet to the point or place of beginning. Parcel No.: 26-24- 0811 -176 Current/Prior Deed Reference: Deed from Charles F. Peters, Jr. and Jennette A. Peters, husband and wife to Henry Earl Ferguson, Ill, single person dated 3/28/2002 recorded on ......002 at DBv 253, Pa a 3471. File Number: 200600206 MORTGAGE FROM: Henry Earl Ferguson III TO: Wilmington Finance Inc. ISAOA MAIL TO: Renaissance Settlements, L.L.C. 400 Penn Center Boulevard, Suite 707 Pittsburgh, PA 15235 l it i..Ur,:� : ". ;A. r UK: i 94 7-PG 31: IS SEE 'PREPAYMENT RIDER TO NOTE' ATTACHED HERETO AND MADE A PART HEREOF. Loan Number. MIN: 100372406022136094 ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE ATANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. April 14, 2006 PITTSBURGH Pennsylvania [Date] [City] [State] 914 BRANDT AVENUE NEW CUMBERLAND, PA 17070 [Property Addressj I- BORROWER'S PROMISE TOPAY In return for a loan that have received, I promise to pay U.S. $ 157,500.00 (this amount is called "Principal "), plus interest, to the order ofthe Lender. The Lender is Wilmington Finance, Inc. 1 will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.990 Vo. The interest rate Iwill pay may change in accordance with Section 4 ofthis Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the first day ofeach month beginning on June 1, 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on May 1, 2036 , Istill owe amounts underthisNote ,Iwillpay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at POBox'209 Plymouth Meeting, PA; 19462 or at a different place ifrequired by the Note Holder. (B)Amount ofMylnitial Monthly Payments Each ofiny initial monthly payments will be in-the amountofU.S. $ ],]54.58 This amount may change. WILMINGTON FINANCE, INC. - MODIFIED MULTISTATE ADJUSTABLE RATE NOTE - LI�EX- Single Family- Freddie Mae UNIFORM INSTRUMENT Form 35901/01 815N (o21o) VMP MORTGAGE FO RMS - (800)521 -7291 Page t ef4 tntlfaltt _ DDS -FAB PLAINTIFF IIIlllllllllllllllllllllllll llllllllllllll lllllllllllllllllllllllllllllllllllll E ]BIT IIIIII 6 0 N 001 0 01 (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal ofmy loan and in the interest rate that I must must pay. The Note Holder will determine my new interest rate and the changed amount ofmy monthly payment in accordance with Section 4 ofthis Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of May, 2009 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B)TheIndex Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six -month U.S. dollar- denominated deposits in the London market ( "LIBOR'), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice ofthis choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Five and 990/1000 percentage points ( 5.990 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one - eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result ofthis calculation will be the new amount ofmy monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.990 % or less than 7.990 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (I%) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greaterthan 13.990 %, or less than 7.990 %. (E) Effective Date of Changes �My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount ofiny monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the- amount of my monthly payment before the effective date ofany change. The notice will include information required by law to be given to me and also the title and telephone number of aperson who will answer any question I may have regarding the notice. S. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment ofPrincipal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Bolder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. 1171 make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the fast Change Date following any partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. - 615N (0210) Pap.2of4 For 101 DDS!' AB � nitia�s. ...._.,. _... .�,.. G. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted- limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by leaking a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount ofthe charge will be 5.000% of my overdue payment ofprincipal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No WaiverRy Note Holder Even if, at a time I am in default, the Note Holder does not require me to pay immediately in frill as described above, (lie Note Holder wil l still have the right to do so if I am in default at a later time. (B) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay in full as described above, the Note Holder will 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. S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of 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 tbis Note against each person individually or against all ofus together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holderto give notice to otherpersons that amounts due have not been paid. < *. Form 0 0 DDS -F a1 SN (027D) Pepe 3 of 4 DDS -FAB murals: i 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to tite Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I wake In this Notc. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some ofthose conditions are described as follows- Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in the Property is sold or transferred (or ifBorrower 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. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lenders consent to the loan assumption. Lender may also require the transferee- to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lenderreleases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of notless 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 onBorrower. xIT4ESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) N RL FERGUS III - Borrower - Dortower (Seal) (Seal) - Borrower - Dorrowcr (Seal) (Seal) - Borrower - Borrowcr (Seal) (Seal) Borrower - norrower (Sign Or/ghwa1 Only J 815Ntoziot Pego4WA Form 35901/01 DDS -FAH PREPAYMENT RIDER TO NOTE LoanNo.: TheNote dated April l4, 2006 between Wilmington Finance, Inc, (Lender) and HENRY EARL FERGUSON III (Borrower or 1) is hereby amended as follows: I_ Additional Covenants. Notwithstanding anything to the contrary set forth in the Note or Security Instrument, Borrower and Lender covenant, and agree, that the provisions of the section of the Note entitled "BORROWER'S RIGHT TO 4 PREPAY" or "BORROWER'S PAYMENTS BEFORE THEY ARE DUE" are amended to read as follows: Subject to the Prepayment Penalty provided below, I have the right to make payments o£Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." A "Full Prepayment' is the prepayment of the entire unpaid Principal due under the Note. A payment ofonly part ofthe unpaid Principal is known as a "Partial Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not inade all the monthly payments due under the Note. If, within the 36 month period beginningwith the date I execute the Note (the "Penalty Period "), I matte a Full Prepayment, or Partial Prepayment in any twelve (12) -month period that exceeds 10% of the original Principal loan amount, I will pay a Prepayment charge as consideration of the Note Holder's acceptance of such Prepayment The Prepayment charge will equal 5.000% of the then Principal balance of the Note. No Prepayment charge will be assessed for any Prepayment occurring after the Penalty Period. The Rider will remain in full force and effect unless the Note is transferred by Lender and the Borrower is notified in writing by the new Note Holder that such Note Holder, at its sole option, has declared the Rider null and void. If the Rider is declared null and void, the original Note terms shall remain in full force and effect. (Seal) (Seal) - Borrower - Borrower i Y EARL F GUS N III , (Seal) (Seal) - Borrower - Borrower I (Seal) (Seal) - Borrower - Borrower i (Seal) (Seal) - Borrower - Borrower DDS -BAF (03/03) M.LONGE TO NOTE Allonge to note dated: 4/14/2006 In Favor Of : Wilmington Finance, Inc. I And executed by: HENRY EARL FERGUSON III 1 ! Property Address: 914 BRANDT AVENUE ! NEW CUMBERLAND, PA 17070, ! Loan Amount: $157,500.00 Payto the order of: U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset — Backed Certificates Series 2006 --BC3 Without recourse: Wilmington Finance, Inc. , B y : . Chris White Title: Designated Signer 1 I I i EXHIBIT °A" LEGAL DESCRIPTION All that certain piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the southern line of Brandt Avenue, which point is 232.00 feet measured westwardly along the southern line of Brandt Avenue from the southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feat to Brandt Avenue; thence by the southern line of Brandt Avenue, South 77 degrees 06 minutes East, 65.00 feet to the point or place of beginning. Parcel No.: 26 -24- 0811 -176 Current/Prior Deed Reference: Deed from Charles F. Peters, Jr. and Jennette A. Peters, husband and wife to Henry Earl Ferguson, 111, single person dated 3/2812002 recorded on 9/248002 at DBV 253, Pa a 3471. File Number: 200600206 MORTGAGE FROM: Henry Earl Ferguson III TO: Wilmington Flnanee Inc. ISAOA MAIL TO: Renaissance Settlements, L.L.C. 400 Penn Center Boulevard, Suite 707 Pittsburgh, PA 15235 PLAINTIFF'S EXHIBIT ' BV F 9 :4 7 :PG 31= :1',6- r Select Portfolio Servicing PO BOX 65250 Salt Lake City, UT 84165 -0250 9171 9010 7643 2001 4235 41 HENRY EARL FERGUSON III 914 BRANDT AVE NEW CUMBERLAND, PA 17070 PLAINTIFF'S � EX IBIT 00004234000490010500 Date: February 14, 2013 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• T he 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 t his Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE' STAMO 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. :;,<; 00004234000490020500 0 j ; HOMEOWNER'S NAME(S): HENRY EARL FERGUSON III PROPERTY ADDRESS: 914 BRANDT AVE NEW CUMBERLAND, PA 17070 LOAN ACCT. NO.: ORIGINAL LENDER: Wilmington Finance, Inc. CURRENT LENDER/SERVICER: Select Portfolio Servicing, Inc. 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 (33) 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 assistance from the Homeowner's Emergency Mortgage Assistance Program. „E.} 4 1 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 within 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. (If 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: 914 BRANDT AVE NEW CUMBERLAND, PA 17070 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: #emt at on of Ainount�Req fired to Cure' Cure Date 03/16/2013, p} , Payment due for 10/01/2011 $ 26,561.99 Total amount due includes Escrow Payments (Taxes /Insurance). Your current monthly escrow payment is $237.54 Accrued Late Charges 132.50 Advances made on Customer's behalf 344.00 Escrow advance balance (Deficit) 0.00 Total Amount Outstanding $ 27,038.49 Unapplied balance 0.00 AMOUNTREQUIRED'ASOF Feki`ruary 14, X093 TO GURE,THEDEFAULT $ 27038:49' ., 00004234000490030500 0 € 1t.1 '9' 11; HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY (30) DAYS of the date of this I notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH S $27,038.49 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY P ERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and s ent to. Select Portfolio Servicing, Inc. PO BOX 65450 Salt Lake City, UT 84165 -0450 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 Droperty. IF THE MORTGAGE IS FORECLOSED UPON - -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by 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 Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Select Portfolio Servicing, Inc. Address: P.O. Box 65250 Salt Lake City, UT 84165 -0250 Phone Number (888)818 -6032 Fax Number (801) 293 -3936 Contact Person: Jennifer Coleman 0 4 1:€ r EFFECT OF SHERIFF'S SALE - -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. LR0 4 00004234000490040500 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 09/10/2012 05:11 PM 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 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 LR0 4 00004234000490050500 r, FORM 1 U.S. Bank, National Association as IN THE COURT OF COMMON PLEAS OF Trustee et al. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) C) - cy • � wa VS. Henry Earl Ferguson III Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE �- DIVERSION PROGRAM �t «G You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 8/27/13 /&A Date Signature of Counsel for Pla nti STEPHEN M. HLADIK, ESQ. KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue + North Wales, PA 19454 -1489 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: CUSTOMERIPRIMARY APPLICATION Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? C O BORRO Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2• Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care /Tait. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH I/We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that :I/we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature, Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 U.S. Bank National Association, as IN THE COURT OF COMMON PLEAS OF Trustee, et al. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Henry Earl Ferguson, III Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated ' 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court - supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 U.S. Bank National Association, as IN THE COURT OF COMMON PLEAS OF Trustee, et al. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Henry Earl Ferguson, III Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in .advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson I L 1-7 0 C) THE PIRO'[110�iq0-1, Sheriff Jody S Smith "441 SEP ]6 PM 2: 4 9 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor OMCr-OF TRE$KRIFa PENNSYLVANIA U.S. Bank National Association Case Number HenS. ry Earl Ferguson, III 2013-5101 SHERIFF'S RETURN OF SERVICE 08/3012013 08:18 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, 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 914 Brandt Avenue, New Cumberland Borough, New Cumberland, PA 17070, Residence is vacant. 09/10/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Henry Earl Ferguson, III, 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 914 Brandt Avenue, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant and per the Postmaster the defendant moved and left no forwarding address. SHERIFF COST: $73.21 SO ANSWERS, September 10, 2013 RbNW R ANDERSON, SHERIFF CountySuito,Sherift Tcleosoft,Inc. • KERNS, PEARLSTINE, ONORATO &HLADIK, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue PO Box 1489 North Wales, PA 19454 (215) 855-9521 U.S. BANK NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY, PA THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, NO.: 13-5101 MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-BC3, Plaintiff, v. =y `"-) -; -.ri c r HENRY EARL FERGUSON, III, n� 3 co ,�, Defendant. ` ' n MOTION FOR SERVICE PURSUANT TO ` `� `-� SPECIAL ORDER OF COURT =, c � Plaintiff, U.S. Bank National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset-Backed Certificates Series 2006-BC3, ("Plaintiff'), pursuant to Pa. R.C.P. No. 430, hereby moves this Honorable Court to enter and order permitting alternate service of process of the Complaint in Mortgage Foreclosure and in support thereof avers as follows: 1. On August 29, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure in this matter (the "Complaint") due to a default in the underlying mortgage concerning the real property located at 914 Brandt Avenue,New Cumberland, Pennsylvania 17070 (the "Property"). 2. On or about August 30, 2013, the Cumberland County Sheriff attempted service of the Complaint on the Defendant, Henry Earl Ferguson, III. The process server's attempts to serve Henry Earl Ferguson, III have been unsuccessful as it appears the premises is vacant. A true and correct copy of the Sheriffs Return of Service is attached hereto and marked as Exhibit"A." 3. Plaintiff has made a good faith investigation(See Exhibit`B") and has been unable to ascertain an alternate address of Defendant by: a. examinations of local telephone directories (Ex. C); b. examinations of internet search engines (Ex. D); c. information from postal authorities (Ex. E); d. search of bankruptcy records (Ex. F); and e. search of the Social Security Death Index (Ex. G). 4. Despite these efforts to find a different address for Defendant, the Cumberland County Sheriff has been unable to effectuate service on said Defendant. 5. Pursuant to Pa. R.C.P. No. 430 "the plaintiff may move the court for a special order directing the method of service." 6. Based on these facts, Plaintiff seeks an Order that would permit posting of the premises. Posting of the premises will ensure that any occupants will have notice of the Complaint in Mortgage Foreclosure. Further, Plaintiff will mail copies to the subject premises to further ensure proper notice of the Complaint. WHEREFORE, Plaintiff prays that this Honorable Court enter an Order permitting alternative service of the Complaint in Mortgage Foreclosure and all said subsequent notices or pleadings by posting the subject premises and mailing via Certified Mail and regular mail to the last known address. A proposed Order to such effect is submitted herewith. Respectfully submitted, KERNS, PEARLSTINE, ONORATO &HLADIK, LLP Date: J 1� By: 4 Ata Stephen M Hladik gill ire Attorney for Plain KERNS, PEARLSTINE, ONORATO &HLADIK, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue PO Box 1489 North Wales, PA 19454 (215) 855-9521 U.S. BANK NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY, PA THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, NO.: 13-5101 MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-BC3, Plaintiff, v. HENRY EARL FERGUSON, III, Defendant. MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. The comment to Pa. R.C.P. 430(a) illustrates what would be a good faith effort to locate the Defendant: NOTE: [A]n illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Comment to Pa. R.C.P. 430(a). In real property actions, such as actions in foreclosure, the Pennsylvania Rules of Civil Procedure, Rule 410(c), provides how service shall be made pursuant to an Order of Court under Pa. R.C.P. 430(a): The court shall direct one or more of the following methods of service: (1) publication as provided by Rule 430(b), (2)posting a copy of the original process on the most public part of the property, (3) registered mail to the defendant's last known address, and(4) such other methods, if any, as the court deems appropriate to give notice to the defendant. As set forth in Plaintiffs Motion, the Cumberland County Sheriff has been unable to serve the Complaint in Mortgage Foreclosure. A good faith effort to discover the whereabouts of the Defendant has been made in accordance with Pennsylvania Rule of Civil Procedure 430(a), as evidenced by the attached Affidavit of Good Faith Investigation, attached to the Plaintiffs motion as Exhibit"A." In order to complete service on said Defendant, so as to complete this action, Plaintiff respectfully requests that this Honorable Court, pursuant to Pennsylvania Rule of Civil Procedure 430, grant a special Order directing service of the Complaint in Mortgage Foreclosure or any other notices or pleadings that require personal service on the Defendant by regular mail and certified mail to the last know address of Defendant; and by certified mail, regular mail and posting of the subject property by the Sheriff, competent adult, or other party allowed by law. Respectfully submitted, KERNS, PEARLSTIN , 0 4 ORATO &HLADIK, LLP By: I� Stephen M. 'ik, Esquire Attorney for Plaintiff KERNS, PEARLSTINE, ONORATO &HLADIK, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue PO Box 1489 North Wales, PA 19454 (215) 855-9521 U.S. BANK NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY, PA THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, NO.: 13-5101 MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-BC3, Plaintiff, v. HENRY EARL FERGUSON, III, Defendant. CERTIFICE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify, that I served a true and correct copy of the foregoing Motion For Service Pursuant to Special Order of Court, upon the following person(s), via regular mail, postage prepaid, on November 15 , 2013: Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 Date: (t k516 Stephen M. Hladik, rre SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff „Ay,et Cuhibrr#��id Jody S Smith Chief Deputy Richard W Stewart Solicitor ;,OFFICE OF WE$14E..RIFF U.S. Bank National Association vs. Case Number Henry Earl Ferguson, III 2013-5101 SHERIFF'S RETURN OF SERVICE 08/30/2013 08:18 PM -Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, 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 914 Brandt Avenue, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant. 09/10/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Henry Earl Ferguson, Ill, 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 914 Brandt Avenue, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant and per the Postmaster the defendant moved and left no forwarding address. SHERIFF COST: $73.21 SO ANSWERS, September 10, 2013 RONNW ANDERSON, SHERIFF EXHIBIT S _AU (c)CountySuitc Shontt,Tcleosolf,Inc. KERNS, PEARLSTINE, ONORATO & HLADIK, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue PO Box 1489 North Wales, PA 19454 (215) 855-9521 U.S. BANK NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY, PA THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, NO.: 13-5101 MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-BC3, Plaintiff, v. HENRY EARL FERGUSON, III, Defendant. State of Pennsylvania ) ) ss.: County of Montgomery ) AFFIDAVIT OF STEPHEN M. HLADIK I, STEPHEN M. HLADIK, do hereby depose and state as follows: 1. I submit this Affidavit in support of Plaintiff's Motion for Service Pursuant to Special Order of Court. 2. I am an attorney admitted to practice in the Commonwealth of Pennsylvania and have personal knowledge of the facts in this case. 3. On August 29, 2013, Plaintiff filed the Notice and Complaint in Mortgage Foreclosure (the "Complaint") in this matter. EXHIBIT 8 • 4. Plaintiff learned through investigation that Defendant, Henry Earl Ferguson, III's last known address is the 914 Brandt Avenue,New Cumberland, Pennsylvania address. 5. A search with the Postal Service yielded no alternate address. 6. A search of the Social Security Death Index yielded no matches. 7. A search of the bankruptcy record yielded no alternate address. 8. To the best of my knowledge, information and belief our office has made a good faith effort to locate the above Defendant in an attempt to serve him with the Complaint in Mortgage Foreclosure in this case. I hereby verify that the statements made in the foregoing Affidavit are true and correct to the best of my knowledge, information and belief. The statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. AI Date: 11 II C113 Stephen M. Hlao ik, ' -quire Attorney for Pla ' ff Henry Earl Ferguson in 17070 I WhitePages Page 1 of 1 WhitePages.com We did not find a match Try our sponsors for more information about Henry Ferguson © 2013 WhitePages Inc. - Privacy Policy and Terms of Use EXHIBIT C http://www.whitepage.com/name/Henry-Earl-Ferguson/17070 11/14/2013 Person Search , Page 1 of 2 • 24/7 Search and Technical Assistance 1-866-277-8407 HOME I PRINT I CONTACT US I LIVE CHAT I HELP 1 SIGN OUT My Accurint People Business Assets Licenses Phones Courts Recent Searches MyAccount People Advanced Person People At Work Death Records Email Search Workplace Locator More Searches Person Sea... FERGUSON H Last Name First Name Middle Name SSN All Recent Searches w [FERGUSON I[HENRY I[EARL II I Use of Recent Searches is subject to Coverage I Help? your Permissible Use selections. ❑ Include name variations rr;3�� Important:The Public Records and commercially Street Address U City State IJ Zip available data sources used in this system have errors. NEW CUMBERLAN(IPA I [17070 I Data is sometimes entered poorly,processed Security News Incorrectly and Is generally net free from defect.Read More County Radius r • w U I I I NeCLICK HERE Center • Phone is DOB® Age Range Security Tip#1 tin I I I I I J - I I Never share your User ID or ❑ Include 6ankruptcles ® Password(s).Remember that you are responsible for all searches performed through your User ID. Reference Coder I I Show All Security Tips • Person Search Results Records:1 to 5 of 5 Search Terms Used- Last Name:FERGUSON;First Name: HENRY;Middle Name:EARL;City:NEW CUMBERLAND;State:PA;Zip: 17070; q{r r Edit Search 5 New Search ii, Print Results �11',Export to Excel All Full Name SSN Address Phone Next Steps 1. �.,' HENRY EARL FERGUSON 220.80-xxxx 914 BRANDT AVE Relatives oeaw►rn Gender:Male NEW CUMBERLAND PA 17070-1564 Neighbors DOB:05fxx/1962(51) May 2000 Associates 11 Setup Alert Relatives,Neighbors&Associates People at Work Social Network Report ontact Rorts Reports: Comprehensive Report Other Reports volavift Report Finder Report Address Report Card Report :ICOurt Searchcan a sist you:SeenExamp es 2. aHENRY EARL FERGUSON III 220-80-moot 914 BRANDT AVE 717-770-1605-EST Relatives esr Gender:Male NEW CUMBERLAND PA 17070-1564 Neighbors DOB:05/xx/1962(51) Oct 1993-2013 1�7 Associates t±% Setup Alert Relatives,Neighbors&Associates People at Work Social Network Report Reports: [a Comprehensive Report ra Other Reports 14 Relavint Report a Finder Report Address Report V Contact Report Court Sear h Learn how Accurint Reports Card tan a55i5t you:See Examples 3. HENRY EARL FERGUSON III 220.80-xxxx 914 BRANDT AVE 717-525-9811-EST Relatives 0°^ Gender:Male NEW CUMBERLAND PA 17070-1564 DOB:05htx/1962(51) 2002-2012 Neighbors • }y Associates UHF Setup Alert Relatives,Neighbors&Associates People at Work Social Network Report Learn how Accurint Reports Reports: Wil Comprehensive Report Other Reports Relavint Report igt,Finder Report Address Report ,Ccrtatt , Court Search Card Report ���GGG can assist you:5ee Examples 4, 0HENRY EARL FERGUSON III 220-80•xxxx 914 BRANDT AVE 717-737-6204-EST Relatives rartl Gender:Mole NEW CUMBERLAND PA 17070-1564 Neighbors DOB:05/1962(51) Oct 1999-May 2011 Associates 1!:�Setup Alert Relatives,Neighbors&Associates People at Work Social Network Report Reports: U Comprehensive Report 3 Other Reports Relavint Report _a Finder Report 0 Address Report VCc2aCt Court Search Learn how Accurint Reports p Card Recor[ can assist you:See Examples S. a HENRY EARL FERGUSON JR 220-80•xxxx 914 BRANDT AVE 717-737-6204-EST Relatives Gender:Male NEW CUMBERLAND PA 17970-1564 Neighbors DOB:05iooii 602(51) Nov 1999-Sep 2012 r►;� Associates Y:d Setup Alert Relatives,Neighbors&Associates People at Work tom,Social Network Report Reports: [a Comprehensive Report [A Other Reports V Relavint Report gi Finder Report Address Re ort Contact. -1lj1 Cort Search Learn how ACCUrint Reports t i► can assist you:See Exampies EXHIBIT Records:1 to 5 of 5 t Search New Search CIPrint Results Export to Excel a a .._...a_______.. 8 https://secure.accurint.com/app/bps/misc 11/14/2013 Person Search Page 2 of 2 C t} i Your DPPA Permissible use: Civil,Criminal,Administrative or Arbltrai Proceedings Your GLBA Permissible USE Persons Holding a Legal or Beneficial Interest Relating to the Consumer Copyright v 2013 LexisNexls.All rights Reserved. Terms&Conditions I Privacy&Security https://secure.accurint.com/app/bps/misc 11/14/2013 • KERNS, PEARLSTINE, ONORATO & HLADIK,LLP 298 WISSAHICKON AVENUE,P.O. BOX 1489 NORTH WALES, PA 19454 Postmaster NEW CUMBERLAND, PA 17070 Our File #13-0318 Request for change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or name and street address(if a boxholder)for the following: NAME: HENRY EARL FERGUSON,III ADDRESS: 914 BRANDT AVENUE,NEW CUMBERLAND,PA 17070 NOTE: The name and last known address are required for change of address information.The name, if known,and post office box address are required for boxholder information. . The following information is provided in accordance with 39 CFR 265.6(d) (6) (ii). There is no fee for providing boxholder information. The fee or providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. Capacity of Requester(e.g.process server,attorney,party representing himself): ATTORNEY. Statute or regulation that empowers me to serve process(not required when requester is an attorney or a party acting pro se—except a corporation acting pro se must cite statute(s):N/A The names of all known parties to this litigation: U.S. BANK NATIONAL ASSOCIATION,ET AL. VS.HENRY EARL FERGUSON,HI 4. The court in which the case has been or will be heard: The Court of Common Pleas of Cumberland County, Pennsylvania. 1. The docket or other identifying number if one has been issued:N/A The capacity in which this individual is to be served(e.g.defendant or witness):DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TP$10,000 OR IMPRISONMENT OR (2)TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN FIVE YEARS,OR BOTH(TITLE 18 U.S.C. 1001). I certify that the ab. e in ormation is true and that the address information is needed and will be used solely of legal process in connection with actual prospective litigat•.n f A J. ADDRESS: Signature ir P.O.Box 1489 •Name: Step'en M. la.. ,Esquire 298 Wissahickon Avenue Date: July : 2► North Wales,PA 19454 FOR POST OFFICE USE ONLY . No change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK Not known at address given NAME and STRE T--AT'.i • SS ;/ a� Moved,left no forwarding address No such address c EXHIBIT \o'\_ c��( D E N....., c, USBC PAM - LIVE-VERSION 5.1 Page 1 of 1 Select a Case There were 2 matching persons. There were 2 matching cases. Name Case No. Case Title Chapter/ Date Party Date Lead BK Filed Role Closed case Ferguson, Henry Earl III 1:08-bk-02356-MDF Henry Earl 7 07/02/08 Debtor 11/12/08 (pty) Ferguson (1 case) Ferguson, Henry Earl 1:08-bk-02356-MDF Ferguson 7 07/02/08 Debtor 11/12/08 (p t y (1 case) PACER Service Center Transaction Receipt 11/14/2013 12:58:00 PACER sh0728 Client Code: Login: Description Search Search LName:Ferguson FName: Criteria: Henry MName: Earl Billable 1 Cost: 0.10 Pages: EXHIBIT F https://ecf.pamb.uscourts.gov/cgi-bin/iquery.pl?508095914620267-L 1 0-1 11/14/2013 Henry Earl Ferguson- U.S., Social Security Death Index, 1935-Current - Ancestry.com Page 1 of 2 ancestry.corn° Sign In...1 Subscribe, Get Help LHome Family Trees - Search DNA ■ Collaborate Learning Center- Publish j Shop Hire An Expert) I All U.S., Social Security Death Index, 1935-Current results for Henry Earl Ferguson Searching for... Results 1-20 of 56,316 NAME:henry earl ferguson View Last Residence Order ANY EVENT:new cumberland,pa Record Name Birth Date Death Date (City,County,State) Record ,_ Edit Search) or Start a new search Note:To get better results,add more information such as Birth or Death Info—even a guess will help.Edit your search or learn more. All Categories >Birth,Marriage&Death —.—_ >Death,Burial,Cemetery&Obituaries View Record Henry Ferguson date dd mm 1973 city,Montgomery,Pennsylvania W View Henry date dd mm 1969 city,Social Security Death Index, Record y Ferguson y,Philadelphia,Pennsylvania 1935-Current View Record Henry Ferguson date dd mm 1964 gl The Social Security Administration Death Master File contains information on View Henry Ferguson date dd mm 1966 city,Montgomery,Pennsylvania g millions of deceased individuals with Record United States social security numbers View whose deaths were reported to the Record Henry Ferguson date dd mm 1967 city,Venango,Pennsylvania Social... View Henry Ferguson date dd mm 1968 city,Beaver,Pennsylvania g Learn more about this database... Record i ----- -- View Henry Ferguson date dd mm 1970 g Record Shortcut Keys • View Henry Ferguson date dd mm 1978 city,Delaware,Pennsylvania U. .Record iew Henry Ferguson date dd mm 1977 U Record View Henry Ferguson date dd mm 1978 city,Allegheny,Pennsylvania Record View Henry M.Ferguson date dd mm 1996 city,Allegheny,Pennsylvania g Record View Re cord Henry P.Ferguson date dd mm 2000 city,Philadelphia,Pennsylvania { View Henry Ferguson date dd mm 2002 city,Westmoreland,Pennsylvania U Record View Henry L Ferguson date dd mm 2013 2 Record View Henry Ferguson date dd mm 1976 g • Record View Earl Ferguson date dd mm 1966 city,Forest,Pennsylvania Record View Earl Ferguson date dd mm 1974 city,Bedford,Pennsylvania Record View Earl Ferguson date dd mm 1979 city,Juniata,Pennsylvania 21 Record View Earl Ferguson date dd mm 1987 city,Northampton,Pennsylvania U Record View Record Earl Ferguson date dd mm 1972 city,Clinton,Pennsylvania g _ 1-20 of 56,316 Results per page: 20 -- j 1 2 ... 12 E EXHIBIT Y- ,— —.—..__._.....___.-� . G tes I Gift Memberships i Careers Visit our other sites: [United States - , h p: searc .ancestry.com/cgi-bin/sse.dll?db=ssdi&rank=l&new=1&so=3&MSAV=0&... 11/14/2013 Henry Earl Ferguson-U.S., Social Security Death Index, 1935-Current- Ancestry.com Page 2 of 2 1997-2013 Ancestry.com Corporate Information I"'w Privacy I Tel and Conditions http://search.ancestry.com/cgi-bin/sse.dll?db=ssdi&rank=1&new=1&so=3&MSAV=0&... 11/14/2013 Henry Earl Ferguson- U.S., Social Security Death Index, 1935-Current- Ancestry.com Page 1 of 2 ancestry.comr [Sign In-M1) Subscribe Get Help Home Family Trees ■ Search DNA - Collaborate ■ Learning Center- Publish I Shop Hire An Expert All U.S., Social Security Death Index, 1935-Current results for Henry Earl Ferguson Searching for... Results 1-20 of 56,316 NAME:Henry Earl Ferguson View Last Residence Order MORE:220-80-0522 Record Name Birth Dale Death Date (City,County,State) Record ANY EVENT:new Cumberland,pa (Edit Search] or Start a new search Note:To get better results,add more information such as Birth or Death Info—even a guess will help.Edit your search or learn more. All Categories -- >Birth,Marriage&Death View Henry Ferguson date dd mm 1973 city,Montgomery,Pennsylvania U >Death,Burial,Cemetery&Obituaries Record - View Henry Ferguson date dd mm 1969 city,Philadelphia,Pennsylvania U.S.,Social Security Death Index, Record 1935-Current view Henry Ferguson date dd mm 1964 g Record The Social Security Administration Death View Henry Ferguson te dd mm 1966 cif Master File contains information on Record ry uson g city,Montgomery,Pennsylvania • millions of deceased individuals with United States social security numbers View Henry Ferguson date dd mm 1967 city,Venango,Pennsylvania g • Record whose deaths were reported to the Social... View Henry Ferguson date dd mm 1968 city,Beaver,Pennsylvania U Record Learn more about this database... View ——— r Record Henry Ferguson date dd mm 1970 g View Shortcut Keys • Henry Ferguson date dd mm 1978 city,Delaware,Pennsylvania g ...:........ Record View Henry Ferguson date dd mm 1977 g Record View Record Henry Ferguson date dd mm 1978 city,Allegheny,Pennsylvania g View Henry M.Ferguson date dd mm 1996 city,Allegheny,Pennsylvania g Record View Henry P.Ferguson date dd mm 2000 city,Philadelphia,Pennsylvania Record View Henry Ferguson date dd mm 2002 city,Westmoreland,Pennsylvania U Record View Henry L Ferguson date dd mm 2013 g Record View Henry Ferguson date dd mm 1976 g Record View Earl Ferguson date dd mm 1966 city,Forest,Pennsylvania ya Record View Earl Ferguson date dd mm 1974 city,Bedford,Pennsylvania g Record View Earl Ferguson date dd mm 1979 city,Juniata,Pennsylvania g Record Rec ord Record Earl Ferguson date dd mm 1987 city,Northampton,Pennsylvania 11 View Earl Ferguson date dd mm 1972 city,Clinton,Pennsylvania • g ..] Record 1-20 of 56,316 Results per page: 20 i 1j 2 ... 12 C Contact Us I Ancestry.com Blog I Affiliates I Gift Memberships I Careers Visit our other sites: [United States -L∎ http://search.ancestry.com/cgi-bin/sse.dll?db=ssdi&rank=l&new=1&so=3&MSAV=1&... 11/14/2013 Henry Earl Ferguson- U.S., Social Security Death Index, 1935-Current- Ancestry.com Page 2 of 2 ©1997-2013 Ancestry.com I Corporate Information I"''Privacy I Terms and Conditions http://search.ancestry.com/cgi-bin/sse.dll?db=ssdi&rank=1&new=1&so=3&MSAV=1&... 11/14/2013 n KERNS, PEARLSTINE, ONORATO & HLADIK, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue PO Box 1489 North Wales, PA 19454 (215) 855-9521 U.S. BANK NATIONAL ASSOCIATION, ; IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY, PA THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, ' NO.: 13-5101 MORTGAGE LOAN ASSET-BACKED -tea MD CERTIFICATES, SERIES 2006-BC3, r M -_' Plaintiff, N a U cj HENRY EARL FERGUSON, III, Defendant. �- ORDER -< � AND NOW,this 20 day of 00t.4ri , 2013, upon consideration of Plaintiff's Motion For Service Pursuant to Special Order of the Court and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent notices or pleadings that require personal service only, on Defendant, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all said subsequent notices or pleadings by certified mail and regular mail to the subject property, located at 914 Brandt Avenue,New Cumberland, Pennsylvania 17070; and; IT IS FURTHER ORDERED that the Sheriff, Marshal or other appropriate party shall post a copy of the Complaint in Mortgage Foreclosure or said subsequent pleading on the most public part of the property located at 914 Brandt Avenue,New Cumberland, Pennsylvania 17070 which is the subject of this action in foreclosure. BY THE COURT: J. 17 yrag t.LICCL IqLUI-L KERNS, PEARLSTINE, ONORATO & HLADIK, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue P.O. Box 1489 North Wales, PA 19454 (215) 855-9521 U.S. BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY, PA THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET-BACKED z CERTIFICATES, SERIES 2006-BC3 r3a 1_ NO: 13-5101 `" '' PLAINTIFF, in -,, ,. V. 1e HENRY EARL FERGUSON III, z r DEFENDANT. - IN) -: PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the attached Complaint, for service on the Defendants, in reference to the above-captioned matter Respectfully Submitted, KERNS, PEARLSTINE, ONORATO & HLADIK • f ' Dated: 11/25/13 BY: j Stephen 7 ,.ik, Esquire Attorne i Plaintiff L.% 411. 16* '9.t ew 1433" /2 epZ9 ' a HLADIK, ONORATO & PEARLSTING, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue P.O. Box 1489 North Wales, PA 19454 (215) 855-9521 U.S. BANK NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY, PA THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, NO.: 13-5101 MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-BC3, Plaintiff, 77;= <::) n crs r" V. n1 rn 1t__ :?7 c-, L a`:::. cn r HENRY EARL FERGUSON, III, io =' Defendant. AFFIDAVIT OF SERVICE OF PROCESS �'>= " I, Stephen M. Hladik, Esquire, attorney for Plaintiff, hereby attest that on the 4TH day of December, 2013, a copy of the Reinstated Complaint was mailed for service upon Defendant, Henry Earl Ferguson, by First Class Mail and Certified Mail #70122210000034202947. The PS Form 3817 - Certificate of Mailing, is attached hereto and marked Exhibit "A". The PS Form 3800 is attached hereto, and marked as Exhibit «B , I verify that the statements in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unsworn falsification to authorities. Stephen M. H1 ii , Esquire Sworn to and su ribed before me this inday of December, 2013 (ILl L 44A11(-- N. ary Public oNWEatrk NNSnvaNu HESH * fd Y uCiiC 11PP�R GWvNF" vJ� 4°CN]GOMfRYCNTY y C .∎ri ss.c,. ,t :t ■:t 17, r 13 K ` 7J y C "n O 7 m Oco •, `• r;11(S O Co V E. ■- o r 3 T r or 0 3 �� a r p � m z 3 ` mm m N a o � a r••-�' Ho ill` 5 l.,.y�■� C �D p Ti ww. . z n r-- n D 171, › m - 0 O .r► t � O 3 • D 0 I- z 1° ci a M a 0 ' +tb .tom.e „-r� a n , CO Ili r i ' 7012 2210 0000 3420 2947 y n o cn n IlL A a rn] N xa� O m m. G N '^ o∎�N oZ v »0 »77 m R —IV P CO D', da -) fA -c it;. m a � N . . o 2 ° C7 co 2 11:,gz,,,r. pi ' V:-. 6. 0 ... _. , ..,. . .. ._ wm __ ...s.. .F) ,:',.,-,• .: 0> ... Eal J p w cil 17 R x° w c Cc. a N SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ I Sheriff i r t:t f! f ° tit iurrtioc i ,. N't[ }ttJ F s' Jody S Smith Chief Deputy , ° ?]?3 DEC I I PM 3: 4 1 Richard W Stewart TIMBERLAND COQ E 'i` Solicitor ;,p`. q.w_E,rnri= PENNSYLVANIA U.S. Bank National Association vs. Case Number Henry Earl Ferguson, III 2013-5101 SHERIFF'S RETURN OF SERVICE 12/03/2013 06:52 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Henry Earl Ferguson, Ill, pursuant to Order of Court by"Posting"the premises located at 914 Brandt Avenue, New Cumberland Borough, New Cumberland, PA 17070 with a true and correct copy according to law. D NIS FRY, D 'UT' � SHERIFF COST: $53.21 SO ANSWERS, December 05, 2013 RONNY ANDERSON, SHERIFF ..3rifr, e so.-....... HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAiN`!PfFP 28 PM : 2 ATTORNEY I.D. NO. 66287 . LIK C.ERL le t WILLIAM E. MILLER, ESQUIRE �, ), ATTORNEY I.D. NO. 308951 298 Wissahickon- Avenue North Wales, PA 19454 (215) 855 -9521 US. BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE HOLDERS OF - CUMBERLAND COUNTY, PA THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET- BACKED CERTIFICATES, SERIES 2006 -BC3 209 S LaSalle St 3F1, NO; 2013 -5101 Chicago, IL 60604 PLAINTIFF, v. HENRY EARL FERGUSON III 914 Brandt Avenue, New Cumberland, PA 17070, DEFENDANT. PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a Default Judgment against Defendant, Henry Earl Ferguson, III and in favor of Plaintiff, U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset- Backed Certificates, Series 2006 -BC3, for failure to answer Plaintiff's Complaint within the time prescribed, by Pa. R.C.P. No. 1026 and assess Plaintiff's damages as follows: Amount from Complaint $206,681.95 Additional Interest currently due and owing at 7.25% per annum calculated, currently at $33.49 per diem $7,937.13 $214,619.08 TOTAL Page 2 of 6 oUs l0. pd., 411 4(32-b 1Vo fi:fie akitied s042 HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 215 855-9521 U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-BC3 209 S LaSalle St 3F1, NO: 2013-5101 Chicago, IL 60604 PLAINTIFF, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. HENRY EARL FERGUSON III 914 Brandt Avenue, New Cumberland, PA 17070, DEFENDANT. STATE OF: PENNSYLVANIA COUNTY OF: MONTGOMERY AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Defendant: Henry Earl Ferguson III Age: Over 18 Residence: 914 Brandt Avenue, New Cumberland, PA 17070 to and subscribed before me this day o 2014 Respectfully submitted, HLADIK, ONORATO & PEARLSTINE, LLP BY: Notary Public Page 6 of 6 illiam E. Miller, Esquire It OF PENNSYLVOMA NOTARIAL SEAL GINA CALDIERO-NESN Notary Public UPPER ERVYNEDO TWP. MONTGOMERY CNTY My Colmakuion Esphoi Oct 17, 2017 Department of Defense Manpower Data Center Results as of : Apr -23 -2014 11:51:47 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act. Last Name: FERGUSON First Name: HENRY Middle Name: EARL Active Duty Status As Of: Apr -23 -2014 On Active Duty On Active Duty Status Data Active Duty Start Date Active Duty End Date Status Service Component NA NA - c ' -� - l _ . -., No - 4 NA This response reflects the Individuals' active duty status based on the Active Duty Status Date /74 Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA ii ' ' NA ,L ? :4 _ -'' 4,_ _ r No . 11 ..a' ': NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA l\ NA ... _ :,,r ..No - NA t, This response reflects whether the Individual or his/her unit has received early re notification to report for active duty 'hr Upon searching the data banks of the Department of Defense Ma power,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, NOM, 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 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 5995JAC1G03CG30 HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 (215) 855 -9521 U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET - BACKED CERTIFICATES, SERIES 2006 -BC3 209 S LaSalle St 3F1, Chicago, IL 60604 PLAINTIFF, v. HENRY EARL FERGUSON III 914 Brandt Avenue, New Cumberland, PA 17070, DEFENDANT. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2013 -5101 CERTIFICATE OF SERVICE I, William E. Miller, Esquire, hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Jud en by Default and 236 Notice on the following individuals by first class mail on 5 ` ( : Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 By: William E. Miller, Esquire Page 5 of 6 HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 (215) 855 -9521 U.S. BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY, PA THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET - BACKED CERTIFICATES, SERIES 2006 -BC3 209 S LaSalle St 3Fl, NO: 2013 -5101 Chicago, IL 60604 PLAINTIFF, v. HENRY EARL FERGUSON III 914 Brandt Avenue, New Cumberland, PA 17070, DEFENDANT. NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 DATE OF NOTICE: January 6, 2014 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to 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. LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Henry Earl Ferguson, III- 914 Brandt Avenue, New Cumberland, PA 17070 By: Stephen M. HladilE, Esquire Attorney for Plaintiff • HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 (215) 855 -9521 U.S. BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY, PA THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET - BACKED CERTIFICATES, SERIES 2006 -BC3 209 S LaSalle St 3F1, NO: 2013 -5101 Chicago, IL 60604 PLAINTIFF, v. HENRY EARL FERGUSON III 914 Brandt Avenue, New Cumberland, PA 17070, DEFENDANT. CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, January 6, 2014 to the following Defendants: Henry Earl Ferguson, III 914 Brandt Avenue 7 New Cumberland, PA 17O By: Stephen M. Hladik, Esquire Attorney for Plaintiff HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 (215) 855 -9521 U.S. BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE HOLDERS OF CUMBERLAND COUNTY, PA THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET - BACKED CERTIFICATES, SERIES 2006 -BC3 209 S LaSalle St 3F1, NO: 2013 -5101 Chicago, IL 60604 PLAINTIFF, v. HENRY EARL FERGUSON III 914 Brandt Avenue, New Cumberland, PA 17070, DEFENDANT. RULE 236 NOTICE To: Henry Earl Ferguson III 914 Brandt Avenue New Cumberland, PA 17070 PURSUANT TO RULE 236, YOU ARE` HEREBY NOTIFIED THAT A JUDGMENT HAS BEEN ENTERED AGAINST YOU ON THIS DATE IN THIS ACTION. - $ By: , Deputy Prothonotary Page 1 of 6 Lf (a81Pa 7 i ;it T HOP HLADIK, ONORATO & PEARLSTINE, LLP• STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAT TI1 F ATTORNEY I.D. NO. 66287'"_ WILLIAM E. MILLER, ESQUIRE tiUMBERLAND cou,l1 ATTORNEY I.D. NO. 308951'EtBS}'L'dt�lA 298 Wissahickon Avenue North Wales, PA 19454-1489 (215) 855-9521 U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-BC3, PLAINTIFF, v. Henry Earl Ferguson, III, DEFENDANT(S). PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2013-5101 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Execution in the above matter, and direct the Sheriff to levy on the real property located at 914 Brandt Avenue, Borough of New Cumberland, Cumberland County, New Cumberland, Pennsylvania 17070. Amount due Interest from 4/28/14 to 9/3/14 At $42.62 per day TOTAL $214,619.08 $ 5,455.36 $220,074.44 *together with interest at the aggregate daily rate of $42.62, plus costs, expenses, attorneys' fees, and all other amounts due and payable under the Note and Mortgage and for foreclosure and sale of the mortgage premises. Date: kAti I gx,sopcia 72 013t SI at a 103,)S t( By: Respectfully submitted, HLADIK, ONORATO & LLP EARLSTINE, Stephen M. Hladik, E tZ �Tss1,(ec2l 4F -V LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Brandt Avenue, which point is 232.00 feet measured westwardly along the southern line of Brandt Avenue from the southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the southern line of Brandt Avenue, South 77 degrees 06 minutes East 65.00 feet to the point or place of BEGINNING. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Charles F. Peters, Jr. and Jenrette A. Peters, husband and wife, by deed dated March 28, 2002 and recorded September 24, 2002 in the Recorder of Deeds Office in and for the County of Cumberland in Book 253 Page 3471 granted and conveyed unto Henry Earl Ferguson, III, in fee. HLADIK, ONORATO & PEARLSTINE, LLP 0 STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PL.AI ITIFF ��'`" ATTORNEY I.D. NO. 66287 `" ' ULJ ` _ 5 ANII: i WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454-1489 215-855-9521 U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006- BC3, PLAINTIFF, v. Henry Earl Ferguson, III, DEFENDANT(S). G1/4it'IBERL tNO COUNTY PENINS YL'/ANI, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2013-5101 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-BC3, Plaintiff in the above -captioned action, sets forth as of the date of the Praecipe for Writ of Execution (Mortgage Foreclosure) was filed, the following was information concerning the real property situate at 914 Brandt Avenue, Borough of New Cumberland, Cumberland County, New Cumberland, Pennsylvnaia 17070, the same being more particularly described on Exhibit "A" attached hereto and incorporated by reference: 1. Names and Addresses of Owner(s) or Reputed Owner(s): Name: Henry Earl Ferguson, III Address: 914 Brandt Avenue New Cumberland, PA 17070 2. Name and address of Defendant(s) in judgment: Name: Henry Earl Ferguson, III Address: 914 Brandt Avenue New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is of record on the real property to be sold: Name: U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-BC3 New Cumberland Borough Address: 209 S LaSalle Street 3rd Floor Chicago, IL 60604 1120 Market Street PO Box 220 New Cumberland, PA 17070 c/o Andrew C. Sheely, Esquire 127 S. Market Street PO Box 95 Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Name: U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-BC3 Mortgage Electronic Registration Systems Inc. MERS Wilmington Finance, Inc. GMAC Mortgage LLC Address: 209 S LaSalle Street 3rd Floor Chicago, IL 60604 PO Box 2026 Flint, MI 48501-2026 1901 E. Voorhees Street Suite C Danville, IL 61834 401 Plymouth Road Suite 400 Plymouth Meeting, PA 19462 1100 Virginia Drive PO Box 8300 Fort Washington, PA 19034 5. Name and address of every other person who has any record lien on the property: Date: I hereby verify that the statements made in this Affidavit are true and correct to the best of my knowledge or information and belief I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. By: Respectfully submitted, HLADIK, ONORATO & PEARLSTINE, LLP Stephen M. Hladik, Es Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Brandt Avenue, which point is 232.00 feet measured westwardly along the southern line of Brandt Avenue from the southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the southern line of Brandt Avenue, South 77 degrees 06 minutes East 65.00 feet to the point or place of BEGINNING. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, by deed dated March 28, 2002 and recorded September 24, 2002 in the Recorder of Deeds Office in and for the County of Cumberland in Book 253 Page 3471 granted and conveyed unto Henry Earl Ferguson, III, in fee. HLADIK, ONORATO & PEARLSTIN STEPHEN M. HLADIK, ESQUIRE ATTORNEY LD" NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454-1489 215-855-9521 I E, LLP ATTORNEYS FOR PLAINTIFF U.S. Bank, Na{ional Association, as Trustee fot The holders of the Specialty Underwriting arida Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006- BC3, PLAINTIFF, V. Henry Earl Ferguson, III, DEFENDANT(S). • COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2013-5101 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Henr°y Earl Fergusdn, III 914 Brandt Avenue New Cumberland, PA 17070 Real estate situate at 914 Brandt Avenue, Borough of New Cumberland, Cumberland County, New Cumberland, Pennsylvania 17070, as more fully set forth on Exhibit "A))" attached hereto, is- scheduled to be sold at Sheriff's Sale on September 3, 2014 at 10:00a.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the Court Judgment of $214,619.08, (plus any additional interest and costs) obtained by U.S. Bank, National Association, as Trustee for the holder of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-BC3, against you. i, i Name: None. Address: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name: None. Address: 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Tenant/Occupant Cumberland County Tax Claim Commonwealth of PA Department of Welfare Family Court / Domestic Relations PA Department of Revenue Pennsylvania Department of Revenue Inheritance Tax Division Department of Public Welfare Address: 914 Brandt Avenue New Cumberland, PA 17070 1 Courthouse Square Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1 Courthouse Square Carlisle, PA 17013 Bureau of Compliance Sheriff Sale Section PO Box 218230 Harrisburg, PA 17128 Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128 PO Box 2675 Harrisburg, PA 17105 NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sale you must take immediate action. The Sale will be stopped if you pay U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-BC3, back payments, late charges, costs, and reasonable attorneys' fees due. To find out how much you must pay, you may call: Stephen M. Hladik, Esquire 298 Wissahickon Avenue North Wales, PA 19454 Telephone number 215-855-9521 1. 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. 2. You may 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 below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the value of your property. 3. The Sale will go through only if the buyer paid the Sheriff the full amount due in the Sale. To find out if this happened, you may call the Sheriff of Cumberland County at (717) 240-6390. °F 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 or before October 3, 2014. This schedule will state who will be receiving the 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 filing the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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: Date: (W CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 By: Respectfully submitted, HLADIK, ONORATO & PE, RLSTINE, LLP Stephen M. Hladik, :; re Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Brandt Avenue, which point is 232.00 feet measured westwardly along the southern line of Brandt Avenue from the southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the southern line of Brandt Avenue, South 77 degrees 06 minutes East 65.00 feet to the point or place of BEGINNING. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Charles F. Peters, Jr. and Jenrette A. Peters, husband and wife, by deed dated March 28, 2002 and recorded September 24, 2002 in the Recorder of Deeds Office in and for the County of Cumberland in Book 253 Page 3471 granted and conveyed unto Henry Earl Ferguson, III, in fee. 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-BC3 Vs. NO 13-5101 Civil Term CIVIL ACTION — LAW HENRY EARL FERGUSON, III 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: $214,619.08 L.L.: $.50 Interest FROM 4/28/14 TO 9/3/14 AT $42.62 PER DAY - $5,455.36 Atty's Comm: Atty Paid: $286.92 Plaintiff Paid: Date: 6/5/14 (Seal) Due Prothy: $2.25 Other Costs: David D. B ell, Prothonotary ,- REQUESTING PARTY: Name: STEPHEN M. HLADIK, ESQUIRE Address: HLADIK, ONORATO & PEARLSTINE, LLP 298 WISSAHICKON AVENUE NORTH WALES, PA 19454-1489 Attorney for: PLAINTIFF Telephone: 215-855-9521 Supreme Court ID No. 66287 Deputy ,.- I 49 Xi/ HLADIK, ONORATO & PEARLSTINE, LLP iii STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF '''(-/ 29 ATTORNEY I.D. NO. 66287 CO 8 /0: /4 298 Wissahickon Avenue PE 1?t %is vi 0 k North Wales, PA 19454 (215) 855-9521 U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-BC3 209 S LaSalle St 3F1, Chicago, IL 60604 PLAINTIFF, V. HENRY EARL FERGUSON III 914 Brandt Avenue, New Cumberland, PA 17070, DEFENDANT. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2013-5101 NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's sale scheduled for 9/3/14 at 10:00 a.m. in the above -captioned matter has been continued until 10/01/2014 at 10:00 a.m. Date: Stephen M. H j& squire HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 298 Wissahickon Avenue North Wales, PA 19454 (215) 855-9521 U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-BC3 209 S LaSalle St 3F1, Chicago, IL 60604 PLAINTIFF, v. HENRY EARL FERGUSON III 914 Brandt Avenue, New Cumberland, PA 17070, DEFENDANT. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2013-5101 CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of the notice of the Date of Continued Sheriff's Sale by regular mail on August 27, 2014 on the person(s) listed below: Date: ‘11 HENRY EARL FERGUSON III 914 Brandt Avenue New Cumberland, PA 17070 Stephen M. Hladik, E .41 HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 298 Wissahickon Avenue North Wales, PA 19454 (215) 855-9521 U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-BC3 209 S LaSalle St 3F1, Chicago, IL 60604 PLAINTIFF, v. HENRY EARL FERGUSON III 914 Brandt Avenue, New Cumberland, PA 17070, DEFENDANT. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2013-5101 CERTIFICATE OF FILING On this date, I filed with the Prothonotary of Cumberland County the Date of Continued Sheriffs Sale in the above -captioned matter. Date: 8/27/14 By: py of the Notice of Stephen M. Hl quire j HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454-1489 215-855-9521 • " yn/ 0 ESQ k,• 4/".7;<.• c(; � r.9 ATTORNEYS FOR PLAINTIFF/p U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006- BC3, PLAINTIFF, v. Henry Earl Ferguson, III, DEFENDANT(S). COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2013-5101 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-BC3, Plaintiff in the above -captioned action, sets forth as of the date of the Praecipe for Writ of Execution (Mortgage Foreclosure) was filed, the following was information concerning the real property situate at 914 Brandt Avenue, Borough of New Cumberland, Cumberland County, New Cumberland, Pennsylvnaia 17070, the same being more particularly described on Exhibit "A" attached hereto and incorporated by reference: 1. Names and Addresses of Owner(s) or Reputed Owner(s): Name: Henry Earl Ferguson, III Address: 914 Brandt Avenue New Cumberland, PA 17070 2. Name and address of Defendant(s) in judgment: Name: Henry Earl Ferguson, III Address: 914 Brandt Avenue New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is of record on the real property to be sold: W Name: U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-BC3 New Cumberland Borough U.S. Bank National Association, as Trustee Address: 209 S LaSalle Street 3rd Floor Chicago, IL 60604 1800 Tapo Canyon Road Simi Valley, CA 93063 60 Livingston Avenue St. Paul, MN 55101 1120 Market Street PO Box 220 New Cumberland, PA 17070 c/o Andrew C. Sheely, Esquire 127 S. Market Street PO Box 95 Mechanicsburg, PA 17055 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Martha E.Von Rosenstiel, Esquire 649 South Ave Suite 7 Secane, PA 19018 4. Name and address of the last recorded holder of every mortgage of record: Name: Address: U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-BC3 Mortgage Electronic Registration Systems Inc. MERS Wilmington Finance, Inc. GMAC Mortgage LLC Nationstar Mortgage, LLC 209 S LaSalle Street 3rd Floor Chicago, IL 60604 1800 Tapo Canyon Road Simi Valley, CA 93063 60 Livingston Avenue St. Paul, MN 55101 PO Box 2026 Flint, MI 48501-2026 1901 E. Voorhees Street Suite C Danville, IL 61834 401 Plymouth Road Suite 400 Plymouth Meeting, PA 19462 1100 Virginia Drive PO Box 8300 Fort Washington, PA 19034 350 Highland Drive Lewisville, TX 75067 5. Name and address of every other person who has any record lien on the property: Name: Address: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name: None. Address: 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Address: Date: Tenant/Occupant 914 Brandt Avenue New Cumberland, PA 17070 Collen L. Ferguson 1100 Columbus Avenue Apartment 8 Lemoyne, PA 17043 Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Commonwealth of PA P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Family Court / Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA Department of Revenue Pennsylvania Department of Revenue Inheritance Tax Division Bureau of Compliance Sheriff Sale Section PO Box 218230 Harrisburg, PA 17128 Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128 Department of Public Welfare PO Box 2675 Harrisburg, PA 17105 I hereby verify that the statements made in this Affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. By: Respectfully submitted, HLADIK, ONORATO & PEARLSTINE, LLP Stephen M. Hladerquire Attorney for Plain 1 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Brandt Avenue, which point is 232.00 feet measured westwardly along the southern line of Brandt Avenue from the southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the southern line of Brandt Avenue, South 77 degrees 06 minutes East 65.00 feet to the point or place of BEGINNING. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, by deed dated March 28, 2002 and recorded September 24, 2002 in the Recorder of Deeds Office in and for the County of Cumberland in Book 253 Page 3471 granted and conveyed unto Henry Earl Ferguson, III, in fee. HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEYS ATTORNEY I.D. NO. 66287 298 Wissahickon Avenue North Wales, PA 19454-1489 215-855-9521 U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006- BC3, PLAINTIFF, v. Henry Earl Ferguson, III, DEFENDANT(S). AFFIDAVIT OF SERVICE UPON ALL INTERESTED PARTIES PURSUANT TO Pa. R.C.P. 3129.2(c)(1)(iii) FOR PLAINTIFF CO,.; t COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2013-5101 I, STEPHEN M. HLADIK, ES U/�ZI a orney for Plaintiff in the above - referenced matter, hereby state that on - t4 , consistent with the provisions of Pennsylvania Rule of Civil Procedure 3 29.2 c)(1)(iii), I caused written notice of the scheduled Sheriffs sale in the above -referenced matter to be served by first class mail, postage prepaid, with Certificate of Mailing, on all persons named in Plaintiff s Affidavit Pursuant to Rule 3129.1, at their respective addresses set forth in that Affidavit. A true and correct copy of Plaintiff's Affidavit Pursuant to Rule 3129.1 is attached to this Affidavit as Exhibit "A", and is made a part of it. A true and correct copy of U.S. Postal Service Form 3877 - Certificates of Mailing for each notice mailed is attached to this Affidavit as Exhibit "B", and is made a part of it. I hereby verify that the statements made in this Affidavit are true and correct, to the best of my knowledge, information and belief, and that t e statements are made pursuant to 18 Pa. C.S.A. § 4904, relating to unsworn falsificatioTOo authorities. A STEPHEN M. HLADIK, it • UIRE HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454-1489 215-855-9521 U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006- BC3, PLAINTIFF, v. Henry Earl Ferguson, III, DEFENDANT(S). COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2013-5101 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-BC3, Plaintiff in the above -captioned action, sets forth as of the date of the Praecipe for Writ of Execution (Mortgage Foreclosure) was filed, the following was information concerning the real property situate at 914 Brandt Avenue, Borough of New Cumberland, Cumberland County, New Cumberland, Pennsylvnaia 17070, the same being more particularly described on Exhibit "A" attached hereto and incorporated by reference: 1. Names and Addresses of Owner(s) or Reputed Owner(s): Name: Henry Earl Ferguson, III Address: 914 Brandt Avenue New Cumberland, PA 17070 2. Name and address of Defendant(s) in judgment: Name: Henry Earl Ferguson, III Address: 914 Brandt Avenue New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is of record on the real property to be sold: Name: U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-BC3 New Cumberland Borough U.S. Bank National Association, as Trustee Address: 209 S LaSalle Street 3rd Floor Chicago, IL 60604 1800 Tapo Canyon Road Simi Valley, CA 93063 60 Livingston Avenue St. Paul, MN 55101 1120 Market Street PO Box 220 New Cumberland, PA 17070 c/o Andrew C. Sheely, Esquire 127 S. Market Street PO Box 95 Mechanicsburg, PA 17055 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Martha E.Von Rosenstiel, Esquire 649 South Ave Suite 7 Secane, PA 19018 4. Name and address of the last recorded holder of every mortgage of record: Name: Address: U.S. Bank, National Association, as Trustee for the holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-BC3 Mortgage Electronic Registration Systems Inc. MERS Wilmington Finance, Inc. GMAC Mortgage LLC Nationstar Mortgage, LLC 209 S LaSalle Street 3rd Floor Chicago, IL 60604 1800 Tapo Canyon Road Simi Valley, CA 93063 60 Livingston Avenue St. Paul, MN 55101 PO Box 2026 Flint, MI 48501-2026 1901 E. Voorhees Street Suite C Danville, IL 61834 401 Plymouth Road Suite 400 Plymouth Meeting, PA 19462 1100 Virginia Drive PO Box 8300 Fort Washington, PA 19034 350 Highland Drive Lewisville, TX 75067 5. Name and address of every other person who has any record lien on the property: Name: Address: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name: None. Address: 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Address: Date: Tenant/Occupant 914 Brandt Avenue New Cumberland, PA 17070 Colien L. Ferguson 1100 Columbus Avenue Apartment 8 Lemoyne, PA 17043 Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Commonwealth of PA P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Family Court / Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA Department of Revenue Pennsylvania Department of Revenue Inheritance Tax Division Bureau of Compliance Sheriff Sale Section PO Box 218230 Harrisburg, PA 17128 Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128 Department of Public Welfare PO Box 2675 Harrisburg, PA 17105 I hereby verify that the statements made in this Affidavit are true and correct to the best of my knowledge or information and belief I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. IN By: Respectfully submitted, HLADIK, ONORATO & PEARLSTINE, LLP Stephen M. Hlad'quire Attorney for Plain LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Brandt Avenue, which point is 232.00 feet measured westwardly along the southern line of Brandt Avenue from the southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the southern line of Brandt Avenue, South 77 degrees 06 minutes East 65.00 feet to the point or place of BEGINNING. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, by deed dated March 28, 2002 and recorded September 24, 2002 in the Recorder of Deeds Office in and for the County of Cumberland in Book 253 Page 3471 granted and conveyed unto Henry Earl Ferguson, III, in fee. Name and Address of Sender RAW ON011.ATO & KARLSTNE, LIP 298 Wissahickon Avenue hlorthWales, FA 19454 Check type of mail or service: ❑ Adult Signature Required ❑ Certified Mail ❑ COD ❑ Delivery Confirmation ❑ Express Mail ❑ Insured ❑ AddIt Signature Restricted Delivery ❑ Recorded Delivery (International) ❑ Registered ❑ Return Receipt for Merchandise ❑ Signature Confirmation Affix Stamp Here (If issued as a certificate of mailing or for additional copies of this bill) Postmark and Date of Receipt Article Number Addressee (Name, Street, City, State, & ZIP CodeTM) Postage Fee Handling Ai Charge if 0 2. 3. 4. 5. 6. 7. 8. Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Family Court / Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance Sheriff Sale Section PO Box 218230 Harrisburg, PA 17128 Pennsylvania Department of Revenue Inheritance "fax Division Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128 Department of Public Welfare PO Box 2675 Harrisburg, PA 17105 Total Number of Pieces Listed by Sej(der Total Number of Pieces Recei •d at Post Office Postmaster, Pee of receiving employee) PS Form 3877, June 2011 (Page 1 of 2) 1) es PN = _PITNEY BOWES 0003197243 $ 00 8. 2° 014 MAILED FROM ZIP CODE 19454 02 1 P uir u� 2R `ee gic nil _ II ti , L! Complete by Typewriter,rnR,'or Ball Point Pen See Privacy Act Statement on Reverse Name and Address of Sender HLADIK, ONORATO & PEARLSTINE, W' 298 Wissatddron Avenue North Wales. PA 19454 Article Number Check type of mail or service: ❑ Adult Signature Required ❑ Certified Mail ❑ COD ❑ Delivery Confirmation ❑ Express Mail ❑ Insured ❑ AdOlt Signature Restricted Delivery ❑ Recorded Delivery (International) ❑ Registered ❑ Return Receipt for Merchandise ❑ Signature Confirmation Addressee (Name, Street, City, State, & ZIP CoderM) 2. 3. 4. 5. 6. 7. 8. Total Number of Pieces Listed by Sendp Total Number of Pieces Received atPost Office PS Form 3877, June 2011 (Page 1 of 2) Wilmington Finance, Inc. 401 Plymouth Road Suite 400 Plymouth Meeting, PA 19462 GMAC Mortgage LLC 1100 Virginia Drive PO Box 8300 Fort Washington, PA 19034 Nationstar Mortgage; LLC 350 Highland Drive Lewisville, TX 75067 Tenant / Occupant 914 Brandt Avenue New Cumberland, PA 17070 Collen L. Ferguson 1100 Columbus Avenue Apartment 8 Lemoyne, PA 17043 Postmaster, P (Njfne of g employee) Postage Affix Stamp Here (If issued as a certificate of mailing or for additional copies of this bill) Postmark and Date of Receipt Handling Charge Ns krargwrisolimwmalr ,www"..PITNEY BOWES 02 1P $ 002.35° 00031 97243 AUG 28 2014 MAILED FROM ZIP CODE 1 9454 hCX Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse Name and Address of Sender HLADIK, ON0RAT0 & PEARLSTWE, LLP 298 Hiissahidcon Avenue North Wales, PA 19454 Check type of mail or service: ❑ Adult Signature Required ❑ Certified Mail ❑ COD ❑ Delivery Confirmation ❑ Express Mail ❑ Insured ❑ Adalt Signature Restricted Delivery ❑ Recorded Delivery (International) ❑ Registered ❑ Return Receipt for Merchandise ❑ Signature Confirmation Affix Stamp Here (If issued as a certificate of mailing or for additional copies of this bill) Postmark and Date of Receipt Article Number Addressee (Name, Street, City, State, & ZIP CoderM) Postage Fee Handling Charge Actual if Regis 2. 3. 4. 5. 6. U.S. Bank, National Association, as Trustee et al. 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 U.S. Bank, National Association, as Trustee et al. Martha E.Von Rosenstiel, Esquire 649 South Ave, Suite 7 Secane, PA 19018 yOs POST z 66 - IMINIVIEW - PITNEY BOWES 02 1 P $ 001.88° 00031 91243 AUG 28 2014 MAILED FROM ZIP CODE 1 9454 ,q1 Mortgage Electronic Registration Systems Inc. MERS PO Box 2026 Flint, MI 48501-2026 G ti0 32* S Mortgage Electronic Registration Systems Inc. MERS 1901 E. Voorhees Street Suite C Danville, IL 61834 8. Total Number of Pieces Listed by Se Total Number of Pieces Received at Post Office PS Form 3877, June 2011 (Page 1 of 2) Postmaster, Per ( receiving employee) Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse Name and Address of Sender HLAK ONORATO & PEARLSTINE, Lir 238 WissihidtOnflenue North Wales, PA 19454 Article Number 1. 2. 3. Check type of mail or service: ❑ Adult Signature Required ❑ Certified Mail ❑ COD ❑ Delivery Confirmation ❑ Express Mail ❑ Insured ❑ AdOlt Signature Restricted Delivery ❑ Recorded Delivery (International) ❑ Registered ❑ Return Receipt for Merchandise ❑ Signature Confirmation Addressee (Name, Street, City, State, & ZIP Coder") U.S. Bank, National Association, as Trustee et al. 209 S LaSalle Street, 3rd Floor Chicago, IL 60604 I (J U.S. Bank, National Association, as Trustee et al. 1800 Tapo Canyon Road Simi Valley, CA 93063 4. 5. 6. U.S. Bank, National Association, as Trustee et al. 60 Livingston Avenue St. Paul, MN 55101 New Cumberland Borough 7. 8. Total Number of Pieces Listed by Sent Total Number of Pieces Received a1.Post Office PS Form 3877, June 2011 (Page 1 of 2) 1120 Market Street PO Box 220 New Cumberland, PA 17070 New Cumberland Borough c/o Andrew C. Sheely, Esquire 127 S. Market Street PO Box 95 Mechanicsbur: A 17055 roscmaster, rer (Ne or receiving employee) h Postage Affix Stamp Here (If issued as a certificate of mailing or for additional copies of this bill) Postmark and Date of Receipt Fee Handling Charge 4P� PT , �, i i --PITNEY BOWES 021 P $ 002.35° 00031 97243 AUG 28 2014 MAILED FROM ZIP CODE 19454 2R 'ee • Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY DEC 3 I PiI PENNSYLVANIA U.S. Bank National Association vs. Henry Earl Ferguson, III Case Number 2013-5101 SHERIFF'S RETURN OF SERVICE 06/17/2014 06:34 PM - Deputy Dawn Kell, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 914 Brandt Avenue, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County. 06/17/2014 06:34 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Henry Earl Ferguson, III, pursuant to Order of Court by "Posting" the premises located at 914 Brandt Avenue, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County with a true and correct copy according to law. 08/28/2014 As directed by Stephen M. Hladik, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/1/2014 10/01/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on October 01, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Stephen Hladik on behalf of U.S. Bank National Association, As Trustee for Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset -Backed Certificates Series 2006-BC3, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,031.83 SO ANSWERS, October 24, 2014 RONIg?--R ANDERSON, SHERIFF (c) Co,untySi ie SF eriff, 1elao. ft. Inc. 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-BC3 Vs. NO 13-5101 Civil Term CIVIL ACTION — LAW HENRY EARL FERGUSON, III 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: $214,619.08 L.L.: $.50 Interest FROM 4/28/14 TO 9/3/14 AT $42.62 PER DAY - $5,455.36 Atty's Comm: Atty Paid: $286.92 Plaintiff Paid: Date: 6/5/14 (Seal) Due Prothy: $2.25 Other Costs: David D. Buell, Prothonota REQUESTING PARTY: Name: STEPHEN M. HLADIK, ESQUIRE Address: HLADIK, ONORATO & PEARLSTINE, LLP 298 WISSAHICKON AVENUE NORTH WALES, PA 19454-1489 Attorney for: PLAINTIFF Telephone: 215-855-9521 Supreme Court ID No. 66287 Deputy TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said CAirt at Carlisle, Pa. This S day of c.ltJj1� . 20 1 7 Prothonotary L-1‘4,0 4f ‘4,04f a.Ctit LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2013-5101 Civil U.S. BANK NATIONAL ASSOCIATION vs. HENRY EARL FERGUSON, III Atty.: Stephen M. Hladik ALL THAT CERTAIN piece or par- cel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Brandt Avenue,. which point is 232.00 feet measured westwardly along the southern line of Brandt Avenue from the southwest comer of Brandt Avenue and Ninth Street;. thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the southern line of Brandt Avenue, South 77 degrees 06 min- utes East 65.00 feet to the point or place of BEGINNING. BEING as surveyed by. D.P. Raffensperger, R.S., on May 31,1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. UNDER AND SUBJECT, never- theless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, by deed dated March 28, 2002 and recorded September 24,2002 in the Recorder of Deeds Office in and for the County of, Cumberland in Book 253 Page 3471 granted and conveyed unto Henry Earl Ferguson, III, in fee: 42 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. SWORN TO AND SUBSCRIBED before me this 5 day of July, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 eFhiatriot-News Co. 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the atriotXews 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. 2013•! U.S. B A� ,01 Civil Ter NK NATION OCIATION vs. HENRY EARL FERGUSON, III Atty: Stephen M. Hladik ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: on the BEGINNING at a point southern line of Brandt Avenue, I. which point is 232.00 feet measured westwardly along the southern line of Brandt Avenue from the southwest comer of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 miputPs 1N 110.00 feet to a point; thence by the same, . Norlh11 deerees 06 minutes West, This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 ubscribed before me this 20 day of August, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Specialty Underwriting & Res Fin Trust Mtg Loan is the grantee the same having been sold to said grantee on the 1st day of October A.D., 2014, under and by virtue of a writ Execution issued on the 5th day of June, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 5101, at the suit of Specialty Underwriting & Res Fin Trust Mtg Loan, Tr against Henry Earl Ferguson III is duly recorded as Instrument Number 201430363. IN TESTIMONY WHEREOF, I have hereunto set my hand 3,a, and seal of said office this T✓rLc_ , A.D. 0201 �f day of Recorder of Deeds Recorder eeds, Cumberland County, Carlisle, PA My Com fission Expires the First Monday of Jan. 2018.