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HomeMy WebLinkAbout13-5227 Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: Docket No: Cumberland County 1.3 — _'&9&7 �Iv [ � Ta The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefifing and service of leadin s or other papers as required bylaw or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: Bank of America, National Lead Defendant's Name: Jules E. Bierach; Christine C Association successor by merger to BAC Home Loans A. Bierach Servicing, LP f/k/a Countrywide Home Loans T Servicing, LP I Dollar Amount Requested: El within arbitration limits 0 Are money damages requested ?: ❑ Yes ® No (Check one) ® outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Christopher A. DeNardo. Esquire ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ 'Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not ❑ Employment Dispute: E include mass tort) Discrimination ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other C F1 Other: E] Zoning Board T ❑ Other: I I ❑ Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS B El Toxic Waste ❑ Ejectment [] Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title. ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 043793 Bank of America, National Association COURT OF COMMON PLEAS successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home Loans CUMBERLAND COUNTY Servicing, LP ; PLAINTIFF No: i �i° •ryv\ vs. ; Jules E. Bierach ; 62 Fairfield Street Carlisle, PA 17013'�s Christine A. Bierach c{ 62 Fairfield Street ; c7 Carlisle, PA 17013 DEFENDANTS COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 0 � 103 - 5 P Q I�T� Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South 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 RAN 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 FECRA 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 043793 Bank of America, National Association COURT OF COMMON PLEAS successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home Loans ; CUMBERLAND COUNTY Servicing, LP ; PLAINTIFF NO: VS. ' ; Jules E. Bierach 62 Fairfield Street Carlisle, PA 17013 Christine A. Bierach 62 Fairfield Street Carlisle, PA 17013 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Bank of America, National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, the address of which is, 400 Countrywide Way, Simi Valley, California 93065 -6298, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage Mortgagee Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns Mortgagor(s) Jules E. Bierach and Christine A. Bierach (b) Date of Mortgage December 16, 2008 (c) Place and Date of Record of Mortgage Recorder of Deeds Cumberland County Document ID# 200839953 Date: December 17, 2008 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) Assignments Assignor: Mortgage Electronic Registration Systems, Inc. Assignee: Bank of America, National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Date of Assignment: April 5, 2012 Recording Date: April 16, 2012 Instrument No.: 201210925 2. Plaintiff is, therefore, either the original Note Holder, the legal successor in interest to the original Note Holder, or is the present holder of the Note by operation of law. 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 operation of law. 4. The real property which is subject to the Mortgage is generally known as 62 Fairfield Street, Carlisle, PA 17013 and is more specifically described as attached as part of Exhibit "A ". 5. Jules E. Bierach executed a note as evidence of the debt secured by the Mortgage (the "Note "). A true and correct copy of the Note is attached and marked as Exhibit "B ". 6. The names and mailing addresses of the Defendants are: Jules E. Bierach, 62 Fairfield Street, Carlisle, PA 17013 and Christine A. Bierach, 62 Fairfield Street, Carlisle, PA 17013. 7. The interest of each individual 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 June 1, 2012 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 30, 2013: Principal Balance Due $116,540.24 Interest Currently Due and Owing at 6% $9,296.06 From May 1, 2012 through August 30, 2013 Late Charges $409.40 Escrow Advances $2,059.85 Property Inspection $210.00 TOTAL $128,515.55 10. Interest continues to accrue for each day that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 11. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 12. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first -class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "C" in accordance with Pa.R.C.P. 1019(i). 13. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, 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. SHAPIRO & DeNARDO, LLC Date: j - BY: A 'eys or f PI 'ntiff S & D File No. 13- 043793 Prepared By: Taylor, Bean & Whitaker Mortgage Corp. 1417 North Magnolia Ave u � Oeal% FL 34475 OOOTTP Return To: KEYSTONE LAND TRANSFER 3421 MARKET STREET, CAMP HILL PA 17011 Parcel No.; 40220489128 ISpna Above Talc Une For Recordtog Deal MORTGAGE MIN: DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13,,18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument- means this document, which is dated December 16, 201)8 , together with all Riders to this document. (B) 'Borrower" is JULES E. BIERACH AND CHRISTINE A. BIERACH Borrower Is the mortgagor under this Security Instrument, (C) "MERS" 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. MRRS is the mortgagee under this Seeurtty Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MFRS. (D) "Lander" is Taylor, Bean & Whitaker Mortgage Corp. Lender is a a Florida Corporation organized and existing under the laws of FL Lender's address is 1417 North Magnolia Ave, Ocala, FL 34476 (E) "Note" means the promissory note signed by Borrower and dated December 16, 2008 . The Note states that Borrower owes Lender One Hundred Twenty One Thousand Nine Hundred Ninety Eight and noM00 Dollars (U.S. $121,998.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 01, 2038 1'BMYLVAMBI Single F"y— Fanate Mae47e ee Mac UNIFORM INMUMI;A"X Form 30341JO1 MMS 1 P400 I of It 'Q2420S30RA77�" 2780_20080827.100001 M "Property" means the property that is deson'bcd below under the heading "Transfer of Rights in the property." (C) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [D Adjustable Role Rider ❑ Condominium Rider EJ Second Home Rider Balloon Rider ❑ Planned Unit Development Rider [] Other(s) (speclfy) [] 1.4 Family Rider ❑ Biweekly Payment Rider (1) "Applicable Lary" 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. (J) "Cow tounhy 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 site Bar organization, (K) "Electronic M ads Trausfer- mourn any transfer of funds, other than a transaction originated by uhcck, 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, Suck► 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) "Kserow ltea►s" means those Items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition ofthe Property. (N) "Mortgage insurance" means insurance protecting Leader against the nonpayment oty or default on, the Loan. (0) "Perlodle Payment" means the regularly scheduled amount due for (i) principal and Interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (1') O RESPA," means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (20. C.F.R. Part 3500), as they might be amended fiom time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security InammM "RESPA" refers to all requirements and restrictions that are imposed In regard to a " federally related mortgage loan" even iftbe Loan does not qualify as it "federally related mortgage loan" larder RESM. PENNSMAriIIA -- Single Fkail came Mir/Fi�ddf. Mae UNWORM >1NS7'itC1MNr Form 30391/at OEM 276a.2 (oeatl pap 2 d !I) (Q) "Successor in Interost of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument, TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and Cii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERE the following described property located in the County (Type of RecordingJuriadtctimj Of Cumberland (Name of Rceording Jurisdiction) See AnKhed Exhlb[t A. which currently has the address of 62 FAIRFIELD STREET [street] CARUSLE , Pennsylvania 17013 ( "Property Address "); [cam] [zip code] 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 Loader's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender Including. but not limited to, releasing and canceling this Security Instrument BORROWER 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 nonuniform covenants with limited variations by Jurisdiction to constitute a uniform security instrument covering real prop". K. KNSYI.VAI U-46410 Family - Allele MatJFred0ie Mac UNIFORM INt3TRt1MENT Form 30391/01 MORS GnArnor - ITEM2MM3ta ) (PVO UNIFORM COVENANTS. Borrower and Lander covenant and agree as follows: I. Psiywenl of Principal, Interest, Escrow !items, Prepayment Charges, and Late Cberges, Borrower shall pay when due the prinoipal of, and Interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security instrument shall be trade in US. 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 cheek or cashier's check, provided any such check is drawn upon an .institution whose deposits are Insured by a fedora] 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 aceordanoe with the notice provisions in Section 15. Lender may return any payment ar partial payment if the payment or partial payments are Insufficient to bring the Loan current. Lender may accept any payment or ponlai 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. Lander may hold such unapplied funds until Borrower makes payment to bring the Loan current, If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrumartt. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, alI payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which It became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note, If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If none than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid In full, To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, Insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments, 3, Funds for Escrow Items Borrower shall pay to Lender on the day Periodic Payments an due under the Note, until the Note is paid In full, a sum. (the "Funds ") to provide for payment of amounts due for (a) taxes and assessments and other items which can attain priority over this Security Instrument as it 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 S; 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 PENNSYLV4i4U-- -Si4e'08mily- -Faonk MaNFieddte Mac MRFORK MST7tTJMEi r Form 3039 1/01 VAM flreatDoo� rrEM 270AU 1peot] faape 4 of 14) Shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or 411 Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event Of such waiver, Borrower Shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, If Lender requires, shall furnish to Lender receipts evidencing such Payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement eontained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obliga o led t PAY Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for ap Es o I fun, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Beefier 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender tray, at any tune, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can requi re under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates ofexpcnditures 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 arc so insured) or to any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree In writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is 4 surplus of Funds held in escrow, as defined under RESPA, Lender shall account to ]Borrower for the excess fluxis in accordance with RESPA. If there is a shortage of Funds held In .escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as dcfmod under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to snake up the deficiency in accordance with RESPA, but In no more than 12 monthly payments. Upon payment in fall of all sums secured by this Security Instrument, Lender shall promptly rdnnd to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, frr►es, and Impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Proptrty, 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. BWOwer shall promptly discharge any lien which has priority over this Security instrumont 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 Nth by, or defends against enforcement of the lien in, legal proceedings .which in bender's opinion operate to prevent the enforcement of the lien while those proceedings are peuding, but only until such of the P proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to I ender subordln4ting the lien to this Security Instrument. If Lender determines that any part Prop is subject to a lien ng 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, PENT' WLVANIA- =•Single Pemily Fannie Mae/Freckne Mae UNtF( ItM R45TRtAyENT Form 30D 1101 M6tS ITEM 2780" (Owl) 6 ^WtDm ° ' taepe s a t�� Leader may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan, S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by firs, 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 regaim& 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 choloe, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either;. (a) it one-time charge for flood zone determination, certification and tracking services, or (b) a one -tune charge for flood zone determination and certification services and subsequent charges each dme remappings or shnihtr changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of my fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fail& to maintain any of the coverages described above, Lender may obtain insurance cov=ge, 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 intetst at the Note rate fivm the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower mques* payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying Insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made In writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order providad for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available Insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or PVNNSVGVAMA— Single Family— Fannie MeeYreddk Mae UNWOR.ki INSTRUMENT Form3039 1101 -, ; �4K ; NER9 lhretlDoa* ITEM 004 (MI) (Pegs 6of f11 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 then the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property, Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of thi Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property In order to prevent the Property from deteelorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not econarnically feasible, Borrower shall promptly repair the Property If damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower Is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property, Lender shall give Borrower notice at the time of or prior to such-an interior inspection specifying such reasonable cause. S. Borrower's Leon AppBeation, Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or Wed to proxdde Lender with material information) in connection with the Doan. Material representations include, but are not limited to, reprosentations concerning Borrower's occupancy of the Property as Borrower's prbeipal residence. 9. Protection of Lender's Interest to the Property and Rights Under this Security Instrument, If (a) Borrower flails to perform the covenants and agreements contained in this Security Imaj urrment, (b) there Is a legal proceeding that might significantly affect Lender's loterest in the property and /or rights under. this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest In the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, acrd 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' fees to protect its interest In the Property and/or rights under this Security Instrument, including Its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. 11 is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. PBNN &VANIA— Single Family- -Fannie Mse/Aredfne Men umiFORM INSTRtIMI;iPC Form, 3 ]lot M� _ Oroitpon`" REM 27WY (0901) (POP 7 d ry 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 data of disbursement and shall be payable, with such interest, upon notice froiaa Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the pro visions oflhe lease, If Borrower acquires fee title to the property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insumace. 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 insure r that previously provided such inmwoe 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 affect. 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, noWthstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer requite loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends In accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Marigage 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 teams and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. new 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 retnsurer, any Other entity, or any affillate 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 far Mortgage Insurance, In exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides drat an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance," Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loast. Such agreements win not increase the amount Borrower will owe for Mortgage Insurance, and they w ill not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has—if any —with respect to the Mortgage Insurance under the Homeowners Protection Act of 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 lusnraace terminated automatically, and/or to receive a refund of any Mortgage insurance premiums that Wert unearned at the time of such Cancellation or termination. PENNSMVANIA Single Family— l+anate NAblFre4dk Mac UNIFORM INSTkUMrN norm 3034 tJ01 MERE IT9t 2760Le (001) BroMpooa� raw 0 or 14) 11, Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property Is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has W an opportunity to Inspect such Property to ensure the work has boon completed to Lender's satisfaotion, Provided that such inspection shall be undertaken promptly. Lender may psy for the repairs and restoration in a single disbursement or in a series of progress payments as the worst is completa 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 Mlwdlancous Proceeds, If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous proceeds shall be applied to the sums scourod 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 or 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, desuuction, or lass 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; (8) 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 suers 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 tender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date the notice is given, Lender is authorized to Galeet and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the suns secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, In Lender's judgment, could result in forfeiture of the Property or other material impairment of Lenders interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's Judgment, precludes forfeiture of the Prop" or other material impairment of Lender's interest in the Property orrights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the Impairment of Lendor's interest in the Property are hereby assigned and shall be paid to Lender, All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12, Borrower Not Released; Forbearance By Leader 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 reloasc the liability of Borrower or any Successors in Interest of Borrower, Lender shall not be required to commence prooeedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization PENNSYLVANIA -- Single Fsmiry— .Fannie MaaWmddie Mac L"vIFORM INS( UMNT Aorm 3D39 UDI MRS Mm ZWLP (0801) GOOMM. (Pape !< W f4) of the sums secured by this Security Instrument by mason 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 ar Successors [n Interest of Borrower or in amounts less than the amount then due, shall not rs a waiver of or preclude the exercise of any tight or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assips 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 eo- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security instrument in writing, and is approved by Lender, shell obtain all of Borrower's rights and benefits under this Security Instrument, Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14, Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property Inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the Permitted limits, then; (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any.sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's aoeeptarm of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge, 15. Notices. All notices given by Borrower or Lender in connection with this Security ins ument 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 fast class rnali or when actually delivered to Borrower's notice address If sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shell only report a change of address through that specified procedure. There may be only one designated notice address under ft Security Instrument at any one time. Any notice to Lender- shall be given by delivering it or by mailing h by Cast class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower, Any notice in conneuion 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 hrstrument 16. Go"Ming Law; Severabliity; 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 tights and obligations PEN7SYLVAMA -- 5j"Rie Family- -Fannh Maeffrtddte Ntac VNIFORM-INSTRUMFM Form 36391/01 Meta ITEM x7scuo react) Qr*MtD=14 PWO toot f) contained in this Security Instrument are subject to any requlteaients and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the patties 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 Instnunant or the Note which can be given effect without the conflicting provision. As used In this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole disoletfon without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18, Transkr 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 it 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 ail or any part of the Property or any Interest in the Property is bold or transferred (or If Borrower Is not a natural person and a beneficial interest In Borrower is sold or transferred) without Lender's prior written cot*ent, Lender may require immediate payment in tell of all sums secured by this Security Jnstrument, However, this option shall not be exercised by Lender if such exeroise 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 13 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sans 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 disoontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing. this Security Instrument, including, but not limited lo, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the. purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender inay reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, Instrumentality or entity; or (d) Electronic Funds Transfer, Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as {fro 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 Setwicer; Notice of Crlevance. The Note or a partial interest In the Note (together with this Security Instrument) can be sold one or more times without prior netioe to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage Ion 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 PE"SYLVAM— Single FM4— FannreMae&rtdd Miic VNIF6f&t UgMUMEW Fom 3039 L01 MERG Gr**D ra- ITEM 27MLi I MM) (Poe 11 or ty Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser, Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason o f this Security Insttvmenc, until such Borrower or Lender has notified the other party (with such notice given in compliance Kith the requirements of Section 1 S) 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 provislons of this Section 20. 21. Hazardous Substances, As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction when the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to rekast any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adverseSy Mats 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 nonnal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances In consumer products), Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowicdge, (h) 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 teams, 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 ague 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 (brit 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 care the default; (c) when the delbult must be cared; and (d) that failure to cure the default as speelfwd may result to acceleration of the sums secured by this Security lnstrumeat, roreclosurt by judicial proceeding and safe of the Property. Lender shall further inform Borrower of the right to reinstratt after acceleration and the right to assert in the foreclosure proceeding the non- existence of a default or any other defense of Borrower to acceleration and foreclosure, If the default Is not cured as specified, Leader at its option may require immediate payment in full of all sums secured by this Security Instrument without PIiKMYLVANIA -- Single F&nity— Frarie.rNae%Freddk M ir.UNIFORM INMUMWr ,Form 3039 bOl MMS GM1drDOfsti nQla 27BOLM leecr) Ow 12 or 14) fartber demand and way foreclose this Security Jinstruwent by judicial proceediug, Lender shall be entitled to collect all expenses incurred to pursuing The remedies provided in this Section 22, including, but ant limited to, attorneys' fees and costa of title evideace to the extent permitted by Applicable Low, 23. Release. Upon payment of all sums secured by this Security instrument, this Security Inst ent rum 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 fen is paid to a third party for services rendered and the chargingof the fee is permitted under Applicable Law. 24, Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security lnstrument, and hereby waives the bcrtefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security hwument. .25. .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 Alter Judgment Borrower agrees that the interest rate pay the Note able afters judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under BY SION1NG BELOW, Borrower accepts and agrees to the terms and covenants contained in pages i thro h 14 of this Security Instru nt and in any Rider executed by Borrower and recorded with It (Seal) y (Seal) UiLES E. BI GN - Borrower r st ne [eraC -gorrower (Seal) (Seal) Borrower - Borrower (Seal) (Seal) - Borrower _ - Borrower PENNSnVA1gtA --Sigt Family— FaeAte M1 Mae UNIFORM 1NSTRUMFAT Porar 30391/01 ITEM GnMaoa� ITEM 2re01 13 (eaDi) rf0ga fad 14/ State Coun Pe a'� h�t/� ot" a coon nr On this the /6'61. - day o f o7 O 0 � before me, the undersigned officer, personally appeared known tome ( r sadsfWorily proved) to be the persons) whose name(s) subscribed to the within instrument and acknowledged that executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand d offici seal. Tito of Officer C M CN�.d U tiYLVA1+y NOTAMAL BEAL My commission c "" VICK E Notary Pu* PH Baro , Cumtx+rtertd A,.20t1 CERTIFICATE OF RESIDENCE 1, do hereby certify that the correct address of the within named lender is 1417 North Magnolia Ave, Ocala, FL 34475 Witness tness my hand this�4 / day of PEN.KWLVAN1A -,:S ngk Fujjf «Fariuie Mae/Preddle Mac UNIFORM INSTRUMENT Form 30391/61 men G�rtlgopTM ITEM 2MM 14 (DbD1) (!'APB 14 d 14) First American Title Insurance Company Commitment Number. 08498 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows; ALL THAT CERTAIN tot of ground situate in the township of South Middleton, County of Cumberland, and State of Pennsylvania, bounded and described as follows: ON THE NORTH by property N/F of William H, Finkenbinder and Auralia Finkenbinder, his wife, on the East by Fairfield Street; on the South by property N/F of Charles C. Becker and Bertha B. Becker, his wife, and on West by property N/F of Marshall Ressler and Lillian Ressler, his wife, the CONTAINING one hundred (100) feet front on Fairfield Street and to a depth of two hundred ninety -five (295) feet, more or less. IT BEING the same premises which Allie Lee Gehr - Myers, Executrix under the Last Will and Testament of Wilbur Sheriff, a/k/a Wilbur Sheriff, Sr., by deed dated January 18, 2007 and recorded January 19, 2407 in the Office of the Recorder of Deeds in and for Cumberland County in Book 278 Page 2289, granted and conveyed unto Rodney L. Yentzer, II and Nancy J, Yentzer, the Grantors herein. ALTA Commitment Schedule C (06498rD8498r5) ;RECORDER OBERT P. ZIEGLER OF DEEDS MBERLAND COUNTY F OURTHOUSE SQUARE CARLISLE, PA 17013 " 717240 -6370 - Instrument Number - 200839953 Recorded On I2/1712008 At 2:49:41 PM * Total Pages -16 Instrument Type - MORTGAGE Invoice Number- 34047 User ID - RAIC * Mortgagor - BIERACH, JULES E * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - KEYSTONE * FEES STATE WRXT TAX $0 .50 C ertification Page STATE JCS /ACCESS TO $10.00 3USTICM DO NOT DETACH RECORDING FEES - $33.50 RECORDER OF DEEDS PARCEL CERTIFICATXON $1 0 .00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $70.50 I Certify this to be recorded in Cumberland County PA RECORDER O Information denoted by an asterlsk may change during the verlfkation process and may not be reflected an this page. OOOTTP V i (�(1i1111(I � III If II(�( a NOTE December 16, 2008 CARLISLE Pennsylvania [ tY] Is tate] 62 FAIRFIELD STREET CARLISLE, PA 17013 [Property Address] I. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $121,998.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Taylor, Bean & Whitaker Mortgage Corp. I will make all payments under this Note in the form of cash, check or money order. 1-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 6.0000 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. I 1 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on February 01, 2009 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 January 01, 2039 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at Taylor, Bean & Whitaker Mortgage Corp., 1417 North Magnolia Ave, j Ocala, FL 34475 (B) Amount of Monthly Payments or at a different place if required by the Note Holder. My monthly payment will be in the amount of U.S. $ 733.53 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. 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 a Prepayment charge. The Note Holder 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 Pre-oayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayn nn changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in wr]tir 1! J 1VIULTLSTATE �! JfJl ( t FIRED RATE NOTE— ' I! Sm le Frond Fannie III ! 8 y— N u J �I� I�' /�� j ( / 1 -- B l�iJ J ]�0 ItEM 71 ((jjJJ( 646L1 (0011) (Pag lIJ r// � - — �11 JJ ■ 10 3 es _ � f Pa8 1 � 1� �i° �1 �Il� ll -_ 00 1 st __ I llllll [[Ill I�il 11111 11111 Illll f[111111i1 IIII! {1111 lllll IIIII Ilfl� {Ill llli .- - 1 - ----- '230303024773• r: h' b 7L w K _ f ! t S. LOAN CHARGES If a law, which applies to this loan and which sets maximum Ioan 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 making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments ! If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.0000% of my overdue payment of principal and interest I will pay this late charge promptly but only once on each Iate payment (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note 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. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in ! this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in hRMT][STATE FIXED RATE NOTE — Single Family — Fannie Maeffreddle Mac UNIFORM INSTRUMENT Form 32DD 1/01 ITEM T1646L2 (0011) (Page 2 of3 paga) To Order an: l aoa53o-msoa r M--t k 1 si �I r 1 i this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option { shall not be exercised by Lender if such exercise is prohibited by Applicable Law. i i 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 withSection 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. Borrower has executed and acknowledges receipt of pages 1 through 3 of this Note. W HAND(S) AND SEALS) OF ERSIGNED i (Seal) (Seal) Zi' RACH - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) Borrower - Borrower Without recourse, pay to the order of [Sign Original Only] By: Taylor, Bean & Whitaker Mortgage Corp. SS MULTISTATE FUM RATE NOTE— Single Famrily— Fannie Mac/Freddie Mae UNIFORM INSTRUMENT Form 3200 U01 e ° MNT1e46L3(0011) (Page -) toordarcau: eoas3oa+acto cstt t si PO Box 9048 Temecula, CA 92589 -9048 719L 9006 9296 6534 8673 20130412 -7 rr� JULES E BIERACH � 62 Fairfield Street Carlisle, PA 17013 -3145 • �k i April 12, 2013 Certified Mail: 7196 9006 9296 6534 8673 JULES E BIERACH Return Receint Requested 62 Fairfield Street Carlisle, PA 17013 -3145 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is Provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency The names, addresses and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If vou have any c ou may call the Pennsylvania Housinci Finance Aciency toll free at 1 -800- 342 -2397 (Persons with impaired hearing can call 1-717-780-1869), This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRtSTAMO 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. 7196 9006 9296 6534 8673 HOMEOWNER'S NAME(S): JULES E. BIERACH, Christine Bierach PROPERTY ADDRESS: 62 Fairfield Street Carlisle, PA 17013 LOAN ACCT. NO.: ORIGINAL LENDER: TAYLOR BEAN & WHITAKER MORTGAGE CORP CURRENT LENDERISERVICER: Bank of America, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to -face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (331 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO. NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the properly 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. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received with thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (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: 62 Fairfield Street Carlisle, PA 17013 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: MonthlyCharaes: 06/01 /2012 - 11/30/2012 @ $872.63 $5,235.78 12/01/2012 - 04/30/2013 @ $886.76 $4,433.80 Late Charges: 06/0112012 - 11/30/2012 @ $34.90 $209.40 12/0112012 - 02/28/2013 @ $35.47 $106.41 Other Charaes: Additional Uncollected Late Charges: $34.91 Uncollected Costs: $150.00 Partial Payment Balance: 0.00 TOTAL AMOUNT PAST DUE: $10,170.30 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $10,170.30, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or monev order made bavable and sent to Bank of America, N.A. at P.O. Box 15222 Wilmington, DE 19886 -5222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortoaae debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomeys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be reauired 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 riahtto cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by Dayina the total amount then bast 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 mortoaae Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the 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: Bank of America, N.A. Address: PO Box 5170 Simi Valley, CA 93062 -5170 Phone Number: 800 - 669 -6654 Fax Number: 1-800- 520 -5019 Contact Person: General Collections E-Mail Address: correspondencesupport@bankofamerica.com This is not a secure email address; privacy is limited. Accordingly, confidential information, including account information and personallyidentiflable information should not be transmitted by this non- encryptedemail. If you preferto send confidentialinformationvia e-mail, please contact us at the telephonenumber above, and we will arrangefor an encrypted method of communication. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys 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. 7146 4006 9296 6534 8673 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 03/12/201311:09 AM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 - 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717 - 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 -234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 -334 -1518 717- 780 -3940 800 - 342 -2397 7196 9006 9296 6534 8673 C3_3222_BRECDISC 15352 09/24/12 IMPORTANT DISCLOSURES If you are currently in a bankruptcy proceeding, or have previously obtained a discharge of this debt under applicable bankruptcy law, this notice is for information only and is not an attempt to collect the debt, a demand for payment, or an attempt to impose personal liability for that debt. You are not obligated to discuss your home loan with us or enter into a loan modification or other loan- assistance program. You should consult with your bankruptcy attorney or other advisor about your legal rights and options. Bank of America, N.A., the servicer of your home loan, is required by law to inform you that this communication is from a debt collector. There has been a payment default or other default on your loan that could result in acceleration of all sums due under the Note. As a result, Bank of America, N.A. will use companies, including its affiliates LandSafe Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc., LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, N.A., and LandSafe Appraisal Services, Inc., to provide services required to protect the Noteholder's interest and rights in the property and under the note and security instrument, including any remedies thereunder (the "Default Related Services "). Bank of America, N,A. will assess fees to your loan account for the Default Related Services, including those provided by its affiliates. A schedule of fees that may be charged to your account for Default Related Services is available at the following web address: httg:// www .bankofamerica,com /defaultfees If you do not have internet access, please contact us at 1- 800 - 669 -6607, Monday through Thursday 8 a.m. - 11 p.m. Eastern, Friday 8 a.m. - 9 p.m. Eastern, Saturday 9 a.m. - 3 p.m. Eastern, to have a fee schedule mailed to you. The fee schedule contains a complete list of the default - related services you could be charged, but does not include a complete list of all fees or charges that could be assessed on your loan account. MILITARY PERSONNEUSERVICEMEMBERS If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at 1- 877 - 430 -5434. If you are calling from outside the U.S. please contact us at 1- 817 - 685 -6491. El 7146 4006 9296 6534 8673 DIVULGACIONES IMPORTANTES Si usted se encuentra actualmente en un procedimiento de quiebra, o ha obtenido previamente una exoneraci6n de esta deuda bajo la ley aplicable sobre quiebra, este no es un intento de recaudacibn, una demanda de pago o un intento de imponer una responsabilidad personal por esa deuda. Usted no estA obligado(a) a hablar de su pr6stamo para vivienda con nosotros ni a participar en un programa de modificacidn de pr6stamos u otro programa de asistencia para pr6stamos. Usted debe consultar con su abogado especializado en quiebras u otro asesor acerca de sus opciones y derechos legales. Bank of America, N.A., el administrador de su pr6stamo para vivienda est.A obligado por ley a informarle a usted que esta comunicaci6n proviene de un cobrador de deudas. Ha ocurrido un incumplimiento de pago u otro tipo de incumplimiento con su pr6stamo que podria resultar en la aceleracibn de todas las cantidades adeudadas bajo el Pagar6. Como resultado, Bank of America N.A. utilizari comparnias, incluyendo sus afiliados LandSafe Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc., LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, NA, y LandSafe Appraisal Services, Inc., para proporcionar servicios necesarios pars proteger los intereses del Titular en la propiedad y sus derechos bajo el instrumento de seguridad y el pagar6, incluyendo cualquiera de sus recursos (los " Servicios relacionados a un incumplimiento "). Bank of America, N.A. aplicar.A cargos a la cuenta de su pr6stamo por los servicios relacionados a un incumplimiento, incluyendo los servicios proporcionados por sus afiliados. Una lista de los cargos que podrian cobrarse a su cuenta por servicios relacionados a un incumplimiento est9 disponible en el sitio de Internet: rhfto:// www. bankofamerica.com /defaultfees Si usted no tiene acceso a internet, por favor comuniquese con nosotros al 1- 800 - 669 -6607 de lunes a jueves de 8 a. m. a 11 p. m. hora del este, viernes de 8 a. m. a 9 p. m. hora del este, s6bados de 9 a. m. a 3 p. m. hora del este. para pedir que se le envie una lista de cargos por correo. La lista de cargos contiene una lists completa de los servicios relacionados por incumplimiento que le podian cobrar, pero no incluye una lists completa de todos los costos y cargos que podrian ser aplicados a la cuenta de su pr6stamo. PERSONAL MILITAR/ MIEMBROS DE LAS FUERZAS ARMADAS Si usted o su cbnyuge es un miembro del servicio militar, por favor comuniquese con nosotros inmediatamente. La Ley federal de Ayuda Civil para Miembros de las Fuerzas Armadas y las leyes estatales comparables otorgan protecciones y beneficios significativos al personal del servicio militar que califiaue inoluidas protecciones contra la ejecucibn hipotecaria asi Como tambi6n ayuda en la tasa de inter6s. Para obtener mAs informacibn y determinar su calificacidn por favor Ilame sin costo a nuestro Equipo de Asistencia para el Servicio Militar al 1- 877 -430 -5434. Si usted llama desde fuera de los Estados Unidos por favor comuniquese con nosotros al 1- 817- 685 -6491. 71% 9006 9296 6534 8673 C3_5088 OPTAVDFC 15319 09/24/2012 Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your income and expense information available so we can discuss which option(s) could work for you. Options to consider if your goal is to stay in your home [. Home Affordable A federal government program that allows you to repay the loan on newly agreed upon terms, Modification which may include lowering the interest rate, placing past due amounts at the end of the loan, Program (HAMP) and/or extending the term of the loan. You may be eligible for this program if you meet the . following requirements: • The amount you owe on the first mortgage is equal to or less than $729,750 for a single - family home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or $1,403,400 for a 4 unit property • You have documented a financial hardship and represented that you do not have sufficient liquid assets to make the monthly mortgage payments. • Your mortgage was obtained before Jan. 1, 2009. • The property securing the mortgage loan has not been condemned or is not in such poor physical condition that it is not habitable even if not condemned • The mortgage is secured by a one to four unit property Loan If you can bring your loan payments up to date, we will accept the funds needed to bring the Reinstatement loan up to date until the day of your foreclosure sale. Repayment Plan A repayment plan allows you to make your regularly scheduled mortgage payments, plus pay off a portion of the past due amounts over time. This may include principal, interest, fees, and/or costs assessed to your loan. Temporary An agreement whereby we agree not to proceed with foreclosure and /or collection of payments Forbearance for a period of time, to allow you to re- establish your ability to make the required payments. Agreement Loan Modification A loan modification is a change to the original terms of your loan. Loan modifications could (non -HAMP) include lowering your interest rate, extending the term or maturity date of the loan, moving from an adjustable to a fixed -rate loan, deferring some portion of the unpaid principal balance to the end of the loan, and/or forgiving some portion of the unpaid principal balance. Partial Claim (FHA If you have a Federal Housing Administration (FHA) loan and your payments are past due but loans only) you are now able to make your regular monthly mortgage payment, this program is designed to bring your loan up to date by creating a second mortgage /lien on your property for the amount that is past due. Options to consider if you cannot or do not wish to stay in your home Home Affordable Designed to help borrowers who are eligible for the Home Affordable Modification Program Foreclosure (HAMP) but were unsuccessful in securing a permanent modification through the program. Alternatives HAFA provides the option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A Program (HAFA) short sale is a transaction in which you sell your property for less than the total amount owed on the loan (subject to agreement by your servicer/lender /investor), resulting in the release of our lien on your home and avoidance of foreclosure. A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfer ownership of your property to us in order to avoid foreclosure. Short Sale/ If you can no longer afford to make your mortgage payments and your home is worth less than Pre- foreclosure you owe, a short sale may allow you to sell your home to pay off the mortgage. In a short sale, Sale (non -HAFA) the lender agrees to accept an amount less than what is actually owed on the loan. Offered to borrowers who are not eligible for HAMP or other home retention alternatives. Deed in Lieu of Used as an alternative to foreclosure, with a deed in lieu of foreclosure, you transfer ownership Foreclosure of your house and all property secured by your mortgage loan. This may satisfy the total (non -HAFA) amount due on that mortgage. Offered to borrowers not eligible for HAMP or other home retention alternatives, and who were not able to sell the property through a short sale. We are here to help you. Please call us today. . Y 7196 9006 9296 6534 8673 Hay opciones disponibles para ayudarle a Evitar la Ejecucion Hipotecaria Llame al numero que aparece en la notificacion adjunta para obtener mas informacion Cuando (lame, por favor tenga a la mano la informaci6n de sus ingresos y gastos para que podamos discutir cu6les opciones podrian funcionar para usted. Opciones a considerar si su objetivo es permanecer en su casa . ..... ............................... . Home Affordable Es un programa del gobierno federal que le permite pagar el pr6stamo bajo los nuevos Modification t6rminos acordados, que pueden incluir la reducci6n de la tasa de inter6s, agregar Program (RAMP) cantidades vencidas al final del pr6stamo, y/o extender el plazo del pr6stamo. Usted puede calificar para este programa si cumple con los siguientes requisitos: • La cantidad que usted adeuda de su primera hipoteca es igual o menor que $729,750 d6lares para una vivienda unifamiliar, $934,200 d6lares para una propiedad de 2 unidades, $1,129,250 d6lares para una propiedad de 3 unidades o $1,403,400 para una propiedad de 4 unidades • Usted ha documentado que atraviesa por una dificultad financiera y declarado que no tiene suficiente liquidez para hacer los pagos mensuales de la hipoteca. • Obtuvo su hipoteca antes del 1 de enero de 2009. • La propiedad que garantiza el pr6stamo hipotecario no ha sido condenada o no est6 en malas condiciones fisicas como para no poder habitarse incluso si no est6 condenada. • La hipoteca estfi garantizada por una propiedad de una a cuatro unidades. Restablecimient Si usted puede poner al dia los pagos de su pr6stamo, aceptaremos los fondos necesarios o del Pr6stamo para que el pr6stamo est6 al dia hasta la fecha de la venta por ejecuci6n hipotecaria. Plan de Pago Un plan de pago le permite a usted hater sus pagos hipotecarios regulares, adem6s de pagar una porci6n de los montos vencidos a trav6s del tiempo. Esto puede incluir capital, inter6s, cargos o costos aplicados a su pr6stamo. Acuerdo Es un acuerdo en el cual aceptamos no proceder con la ejecuci6n hipotecaria y/o el cobro Temporal de de los pagos por un periodo de tiempo, para permitirle que restablezca su habilidad de Tolerancia por hacer los pagos requeridos. incumplimiento Modifcaci6n de Una modificaci6n del pr6stamo es un cambio en los t6rminos originales de su pr6stamo, Pr6stamo Las modificaciones podrian incluir reducir su tasa de inter6s, extender el t6rmino o la fecha (no por medio de pago del pr6stamo, cambiar de un pr6stamo de tasa de inter6s ajustable a uno de tasa de HAMP) de inter6s fija, diferir una parte del saldo del capital impagado al final del pr6stamo, y/o condonar una parte del saldo de capital impagado. Reclamo Parcial Si usted tiene un pr6stamo de la Administraci6n Federal de Vivienda (FHA) y sus pagos (solamente est6n vencidos, pero ahora puede hacer sus pagos regulares mensuales de la hipoteca, pr6stamos de la este programa est6 diserlado para que su pr6stamo este al dia mediante la creaci6n de FHA) una segunda hipoteca / gravamen sobre su propiedad por el monto que est6 vencido. 7196 9006 9296 6534 8673 Opciones a considerar si no puede o no desea quedarse en su casa :::::: :..:::.:................................................ ............................... Home Affordable Diser ado para ayudar a los prestatarios que califican para el Programa de Home Foreclosure Affordable Modification (HAMP), pero no consiguieron obtener una modificaci6n Alternatives permanente a trav6s del programa. HAFA ofrece la posibilidad de una venta en Program (HAFA) descubierto y, si no tiene 6xito, una escritura de traspaso voluntario de propiedad en lugar de la ejecuci6n hipotecaria. Una venta en descubierto es una transacci6n en la que usted vende su propiedad por menos de la cantidad adeudada en el pr6stamo (sujeto a previo acuerdo de su administrador / prestamista / inversionista), resultando en la liberaci6n de nuestro derecho de retenci6n sobre su propiedad y evitar la ejecuci6n hipotecaria. Una escritura de traspaso voluntario de propiedad en lugar de la ejecuci6n hipotecaria es una transacci6n en la que usted estb de acuerdo de transferir voluntariamente ]as escrituras de su propiedad a nosotros con el fin de evitar la ejecuci6n hipotecaria. Venta en Si usted ya no puede hacer sus pagos hipotecarios y su vivienda vale menos de to que descubierto / usted adeuda, una vents en descubierto le podria permitir vender su vivienda para pagar Venta previa a la la hipoteca. En una vents eh descubierto, el prestamista acepta recibir una monto menor ejecuci6n de to que actualmente se adeuda en el pr6stamo. Se ofrece a los prestatarios que no hipotecaria (no por califican para HAMP o para otras alternativas de retenci6n de la vivienda. medio de HAFA) Escritura de Se usa como una alternative de la ejecuci6n hipotecaria. Con una escritura de traspaso traspaso de voluntario de propiedad en lugar de la ejecuci6n hipotecaria, usted transfiere la titularidad propiedad en lugar de su vivienda y toda la propiedad que garantiza su pr6stamo hipotecario. Esto puede de la ejecuci6n hacer que el monto total vencido de esa hipoteca se considere como pagado. Se ofrece a hipotecaria (no por prestatarios que no califican para HAMP u otras opciones de retenci6n de vivienda, y que medio de HAFA) no pudieron vender la propiedad a trav6s de una venta en descubierto. Estamos aqui para ayudarle. Por favor Ilamenos hoy. i PO Box 9048 Temecula, CA 92589 -9048 7196 9006 9296 6534 8680 20130412 -7 CHRISTINE BIERACH 62 Fairfield Street Carlisle, PA 17013 -3145 April 12, 2013 Certified Mail: 7196 9006 9296 6534 8680 CHRISTINE BIERACH Return Receipt Requested 62 Fairfield Street Carlisle, PA 17013 -3145 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 paces The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselina Aaencv The names_ addresses and phone number of Consumer Credit Counseling Agencies servina your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call 1- 717 - 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 7196 9006 9296 6534 8680 HOMEOWNER'S NAME(S): JULES E. BIERACH, Christine Bierach PROPERTY ADDRESS: 62 Fairfield Street Carlisle, PA 17013 LOAN ACCT. NO.: 1 ORIGINAL LENDER: TAYLOR BEAN & WHITAKER MORTGAGE CORP CURRENT LENDERISERVICER: Bank of America, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1883 (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. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you In submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received with thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of Its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (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: 62 Fairfield Street Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Chames: 06/01/2012 - 11/30/2012 @ $872.63 $5,235.78 12/01/2012 - 04/30/2013 @ $886.76 $4,433.80 Late Charges: 06/01/2012 - 11/30/2012 @ $34.90 $209.40 12/01/2012 - 02/28/2013 @ $35.47 $106.41 Other Charges: Additional Uncollected Late Charges: $34.91 Uncollected Costs: $150.00 Partial Payment Balance: 0.00 TOTAL AMOUNT PAST DUE: $10,170.30 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $10,170.30, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to Bank of America, N.A. at P.O. Box 15222 Wilmington, DE 19886 -5222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riahts to accelerate the mortaaae debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually Incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also Include other reasonable costs. If you cure the default within the THIRTY 1301 DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you 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 Sheriff's Sale You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performina any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the r i. same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the 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: Bank of America, N.A. Address: PO Box 5170 Simi Valley, CA 93062 -5170 Phone Number: 800 - 669 -6654 Fax Number: 1- 800 -520 -5019 Contact Person: General Collections E-Mail Address: correspondencesupport@bankofamerica.com This is not a secure email address; privacy is limited. Accordingly, confidential information, including account information and personallyidentifiableinformationshould not be transmitted by this non- encryptedemail. If you preferto send confiidentialinformationvia e-mail, please contact us at the telephonenumber above, and we will arrangefor an encrypted method of communication. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continueto live in the property after the Sheriff's sale, a lawsuitto remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 7196 9006 9296 6534 8680 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 03/12/201311:09 AM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 - 511 -2227 717 - 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 - 855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 -234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 -334 -1518 717- 780 -3940 800 -342 -2397 7196 9006 9296 6534 8680 C3_3222_BRECDISC 15352 09/24/12 IMPORTANT DISCLOSURES If you are currently in a bankruptcy proceeding, or have previously obtained a discharge of this debt under applicable bankruptcy law, this notice is for information only and is not an attempt to collect the debt, a demand for payment, or an attempt to impose personal liability for that debt, You are not obligated to discuss your home loan with us or enter into a loan modification or other loan- assistance program. You should consult with your bankruptcy attorney or other advisor about your legal rights and options. Bank of America, N.A., the servicer of your home loan, is required by law to inform you that this communication is from a debt collector. There has been a payment default or other default on your loan that could result in acceleration of all sums due under the Note. As a result, Bank of America, N.A. will use companies, including its affiliates LandSafe. Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc., LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, N.A., and LandSafe Appraisal Services, Inc., to provide services required to protect the Noteholder's interest and rights in the property and under the note and security instrument, including any remedies thereunder (the "Default Related Services "). Bank of America, N.A. will assess fees to your loan account for the Default Related Services, including those provided by its affiliates. A schedule of fees that may be charged to your account for Default Related Services is available at the following web address: htto:// www .bankofamerica.com /defaultfees If you do not have internet access, please contact us at 1- 800 - 669 -6607, Monday through Thursday 8 a.m. - 11 p.m. Eastern, Friday 8 a.m. - 9 p.m, Eastern, Saturday 9 a.m. - 3 p.m. Eastern, to have a fee schedule mailed to you. The fee schedule contains a complete list of the default - related services you could be charged, but does not include a complete list of all fees or charges that could be assessed on your loan account. MILITARY PERSON N ELISE RVICEMEMBERS If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at 1- 877 - 430 -5434. If you are calling from outside the U.S. please contact us at 1 -817- 685 -6491. 7196 9006 9296 6534 8660 DIVULGACIONES IMPORTANTES Si usted se encuentra actualmente en un procedimiento de quiebra, o ha obtenido previamente una exoneraci6n de esta deuda bajo la ley aplicable sabre quiebra, este no es un intento de recaudacibn, una demanda de pago o un intento de imponer una responsabilidad personal par esa deuda. Usted no ests obligado(a) a hablar de su pr6stamo para vivienda con nosotros ni a participar en un programa de modificacibn de prestamos u otro programa de asistencia para pr6stamos. Usted debe consulter con su abogado especializado en quiebras u otro asesor acerca de sus opciones y derechos legales. Bank of America, N.A., el administrador de su pr6stamo para vivienda est6 obligado par ley a informarle a usted que esta comunicacibn proviene de un cobrador de deudas. Ha ocurrido un incumplimiento de pago u otro tipo de incumplimiento con su pr6stamo que podria resultar en la aceleracibn de todas las cantidades adeudadas bajo el Pagar6. Como resultado, Bank of America N.A. utilizara companias, incluyendo sus afiliados LandSafe Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc,, LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, NA, y Landsafe Appraisal Services, Inc., para proporcionar servicios necesarios para proteger los intereses del Titular en la propiedad y sus derechos bajo el instrumento de seguridad y el pagare, incluyendo cualquiera de sus recursos (los " Servicios relacionados a un incumplimiento "). Bank of America, N.A. aplicar6 cargos a la cuenta de su pr6stamo par los servicios relacionados a un incumplimiento, incluyendo los servicios proporcionados par sus afiliados. Una lista de los cargos que podrian cobrarse a su cuenta par servicios relacionados a un incumplimiento est6 disponible en el sitio de Internet: [ htto:// www. bankofamerica.com /defauitfees Si usted no tiene acceso a internet, par favor comuniquese con nosotros al 1- 800 - 669 -6607 de tunes a jueves de 8 a. m. a 11 p. m. hora del este, viernes de 8 a. m. a 9 p. m. hora del este, s6bados de 9 a. m. a 3 P. m. hora del este. para pedir que se le envie una lista de cargos par correo. La lista de cargos contiene una lista completa de los servicios relacionados par incumplimiento que le podian cobrar, pero no incluye una lista complete de todos los costos y cargos que podrian ser aplicados a la cuenta de su pr6stamo. PERSONAL MILITAR/ MIEMBROS DE LAS FUERZAS ARMADAS Si usted o su cbnyuge es un miembro del servicio militar, par favor comuniquese con nosotros inmediatamente. La Ley federal de Ayuda Civil para Miembros de las Fuerzas Armadas y las leyes estatales comparables otorgan protecciones y beneficios significativos al personal del servicio militar aue califiaue incluidas protecciones contra la ejecuci6n hipotecaria asi como tambi6n ayuda en la tasa de interds. Para obtener mas informacion y determinar su calificacidn par favor Ilame sin costo a nuestro Equipo de Asistencia para el Servicio Militar al 1- 877 - 430 -5434. Si usted llama desde fuera de los Estados Unidos par favor comuniquese con nosotros al 1- 817- 685 -6491. 7196 9006 9296 6934 8680 ,I C3_5088 OPTAVDFC 15319 09/24/2012 Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your income and expense information available so we can discuss which option(s) could work for you. Options to consider if your goal is to stay in your home Home Affordable A federal government program that allows you to repay the loan on newly agreed upon terms, Modification which may include lowering the interest rate, placing past due amounts at the end of the loan, Program (HAMP) and /or extending the term of the loan. You may be eligible for this program if you meet the following requirements: • The amount you owe on the first mortgage is equal to or less than $729,750 for a single - family home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or $1,403,400 for a 4 unit property • You have documented a financial hardship and represented that you do not have sufficient liquid assets to make the monthly mortgage payments. • Your mortgage was obtained before Jan. 1, 2009. The property securing the mortgage loan has not been condemned or is not in such poor physical condition that it is not habitable even if not condemned • The mortgage is secured by a one to four unit property Loan If you can bring your loan payments up to date, we will accept the funds needed to bring the Reinstatement loan up to date until the day of your foreclosure sale. Repayment Plan A repayment plan allows you to make your regularly scheduled mortgage payments, plus pay off a portion of the past due amounts over time. This may include principal, interest, fees, and /or costs assessed to your loan. Temporary An agreement whereby we agree not to proceed with foreclosure and /or collection of payments Forbearance for a period of time, to allow you to re- establish your ability to make the required payments. Agreement Loan Modification A loan modification is a change to the original terms of your loan. Loan modifications could (non -HAMP) include lowering your interest rate, extending the term or maturity date of the loan, moving from an adjustable to a fixed -rate loan, deferring some portion of the unpaid principal balance to the end of the loan, and /or forgiving some portion of the unpaid principal balance. Partial Claim (FHA If you have a Federal Housing Administration (FHA) loan and your payments are past due but loans only) you are now able to make your regular monthly mortgage payment, this program is designed to bring your loan up to date by creating a second mortgage /lien on your property for the amount that is past due. Options to consider if you cannot or do not wish to stay in your home ............ .:...,...........,.....,....... ...,. �... o: Home Affordable Designed to help borrowers who are eligible for the Home Affordable Modification Program Foreclosure (HAMP) but were unsuccessful in securing a permanent modification through the program. Alternatives HAFA provides the option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A Program (HAFA) short sale is a transaction in which you sell your property for less than the total amount owed on the loan (subject to agreement by your servicerAenderAnvestor), resulting in the release of our lien on your home and avoidance of foreclosure. A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfer ownership of your property to us in order to avoid foreclosure. Short Sale/ If you can no longer afford to make your mortgage payments and your home is worth less than Pre- foreclosure you owe, a short sale may allow you to sell your home to pay off the mortgage. In a short sale, Sale (non -HAFA) the lender agrees to accept an amount less than what is actually owed on the loan. Offered to borrowers who are not eligible for HAMP or other home retention alternatives. Deed in Lieu of Used as an alternative to foreclosure, with a deed in lieu of foreclosure, you transfer ownership Foreclosure of your house and all property secured by your mortgage loan. This may satisfy the total (non -HAFA) amount due on that mortgage. Offered to borrowers not eligible for HAMP or other home retention alternatives, and who were not able to sell the property through a short sale. We are here to help you. Please call us today. 7196 9006 9296 6534 8680 Hay opciones disponibles para ayudarle a Evitar la Ejecucion Hipotecaria Llame al numero que aparece en la notificacion adjunta para obtener mas information Cuando Ilame, por favor tenga a la mano la informaci6n de sus ingresos y gastos para que podamos discutir tunes opciones podrian funcionar para usted. Opciones a considerar si su objetivo es permanecer en su casa ................................. ............................... Home Affordable Es un programa del gobierno federal que le permite pagar el pr6stamo bajo los nuevos Modification t6rminos acordados, que pueden incluir la reducci6n de la tasa de inter6s, agregar Program (HAMP) cantidades vencidas al final del pr6stamo, y/o extender el plazo del pr6stamo. Usted puede calificar para este programa si cumple con los siguientes requisitos: • La cantidad que usted adeuda de su primera hipoteca es igual o menor que $729,750 d6lares para una vivienda unifamiliar, $934,200 d6lares para una propiedad de 2 unidades, $1,129,250 d6lares para una propiedad de 3 unidades o $1,403,400 para una propiedad de 4 unidades • Usted ha documentado que atraviesa por una dificultad financiera y declarado que no tiene suficiente liquidez para hacer los pagos mensuales de la hipoteca. • Obtuvo su hipoteca antes del 1 de enero de 2009. • La propiedad que garantiza el pr6stamo hipotecario no ha sido condenada o no ests en malas condiciones fisicas como para no poder habitarse incluso si no esta condenada. • La hipoteca est;� garantizada por una propiedad de una a cuatro unidades. Restablecimtent Si usted puede poner al dia los pagos de su pr6stamo, aceptaremos los fondos necesarios o del Pr6stamo para que el pr6stamo est6 al dia hasta la fecha de la venta por ejecuci6n hipotecaria. Plan de Pago Un plan de pago le permite a usted hacer sus pagos hipotecarios regulares, adem6s de pagar una porci6n de los montos vencidos a trav&s del tiempo. Esto puede incluir capital, inter6s, cargos o costos aplicados a su pr6stamo. Acuerdo Es un acuerdo en el cual aceptamos no proceder con la ejecuci6n hipotecaria y/o el cobro Temporal de de los pagos por un periodo de tiempo, para permitirle que restablezca su habilidad de Tolerancia por hacer los pagos requeridos. incumplimiento Modificaci6n de Una modificaci6n del pr6stamo es un cambio en los t6rminos originales de su pr6stamo, Pr6stamo Las modificaciones podrian incluir reducir su tasa de interbs, extender el t6rmino o la fecha (no por medio de pago del pr6stamo, cambiar de un pr6stamo de tasa de inter6s ajustable a uno de tasa de HAMP) de inter6s fija, diferir una parte del saldo del capital impagado al final del pr6stamo, y /o condonar una pane del saldo de capital impagado. Reclamo Parcial Si usted tiene un pr6stamo de la Administraci6n Federal de Vivienda (FHA) y sus pagos (solamente estsn vencidos, pero ahora puede hacer sus pagos regulares mensuales de la hipoteca, pr6stamos de la este programa est6 disenado para que su pr6stamo este al dia mediante la creaci6n de FHA) una segunda hipoteca / gravamen sobre su propiedad por el monto que ests vencido. 7196 9006 9296 6534 8680 Opciones a considerar si no puede o no desea quedarse en su casa Home Affordable Disenado para ayudar a los prestatarios quo califican pars el Programa de Home Foreclosure Affordable Modification (HAMP), pero no consiguieron obtener una modificaci6n Alternatives permanente a trav6s del programa. HAFA ofrece la posibilidad de una venta en Program (HAFA) descubierto y, si no tiene 6xito, una escritura de traspaso voluntario de propiedad en lugar de la ejecuci6n hipotecaria. Una venta en descubierto es una transacci6n en la que usted vende su propiedad por menos de la cantidad adeudada en el pr6stamo (sujeto a previo acuerdo de su administrador / prestamista / inversionista), resultando en la liberaci6n de nuestro derecho de retenci6n sobre su propiedad y evitar la ejecuci6n hipotecaria. Una escritura de traspaso voluntario de propiedad en lugar de la ejecuci6n hipotecaria es una transacci6n en la que usted esta de acuerdo de transferir voluntariamente las escrituras de su propiedad a nosotros con el fin de evitar la ejecuci6n hipotecaria. Venta en Si usted ya no puede hacer sus pagos hipotecarios y su vivienda vale menos de to que descubierto/ usted adeuda, una venta en descubierto le podria permitir vender su vivienda para pagar Venta previa a la la hipoteca. En una vents en descubierto, el prestamista acepta recibir una monto menor ejecuci6n de to que actualmente se adeuda en el pr6stamo. Se ofrece a los prestatarios que no hipotecaria (no por califican para HAMP o para otras alternativas de retenci6n de la vivienda. medio de HAFA) Escritura de Se usa como una alternativa de la ejecuci6n hipotecaria. Con una escritura de traspaso traspaso de voluntario de propiedad en lugar de la ejecuci6n hipotecaria, usted transfiere la titularidad propiedad en lugar de su vivienda y toda la propiedad que garantiza su pr6stamo hipotecario. Esto puede de la ejecuci6n hacer que el monto total vencido de esa hipoteca se considere como pagado. Se ofrece a hipotecaria (no por prestatarios que no califican pars HAMP u otras opciones de retenci6n de vivienda, y que medio de HAFA) no pudieron vender la propiedad a trav6s de una vents en descubierto. Estamos aqui para ayudarle. Por favor I16menos hoy. F r, r VERIFICATION &c" "eo z u - - - tk-so- , hereby states that he/she is of Bank of America, N.A., Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. i I ti J DATE: u � aL11 `3 Title: M k1 VV Lxj,'el Company: Bank of America, N.A. S & D FILE NO: 13- 043793 Jules E. Bierach and Christine A. Bierach Y FORM 1 IN THE COURT OF COMMON PLEAS OF Bank of America, National Association successor by ; CUMBERLAND COUNTY, merger to BAC Home Loans Servicing, LP f/k/a PENNSYLVANIA Countrywide Home Loans Servicing, LP Plaintiff(s) vs. Jules E. Bierach :rri rat r — .� - ' : } 62 Fairfield Street �,, r i r_ Carlisle, PA 17013 Christine A. Bierach r 62 Fairfield Street Carlisle, PA 17013 - DEFENDANTS Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court - supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and 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: SHAPIRO & DeNARDO, LLC c Date Atto s for Plaintif r 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: 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? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the Loan in Bankruptcy? Yes ❑ No ❑ h . C If yes, provide names, location of court, case number & attorney Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount Owed: Value: Monthly Income: Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Ex enses: Please only include expenses vou are currently a in EXPENSE AMOUNT EXPENSE AMOUNT Mortage 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 Su ort/Alim. Spending Mone Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating in 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 Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 IN THE COURT OF COMMON PLEAS OF Bank of America, National Association successor by CUMBERLAND COUNTY, PENNSYLVANIA merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff(s) vs. Jules E. Bierach 62 Fairfield Street Carlisle, PA 17013 Christine A. Bierach 62 Fairfield Street Carlisle, PA 17013 DEFENDANTS 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 false 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. 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 defendantiborrower's failure to serve the completed Form 2 within 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and 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: Date [Signature of Counsel for Plaintiff] 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 rovide the following information to the best of your knowledge: 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: Email: Cell: Other: # of people in household How Long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Email: Cell: Other: # of people in household How Long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the Loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #I: Model: Y Amount Owed: Value: Automobile #2: Model: Y Amount Owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount Owed: Value: Monthly Income: Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1 • monthly amount: 2 • monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Ex enses: Please only include ex enses you are currently a in EXPENSE AMOUNT 1EXPENSE AMOUNT Mortage Food 2 Mortgage Utilities Car Payment(s) ) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & 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: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes 0 No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I /We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating m 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 Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , I , , Sheriff t 1 a -., � txt e dididPt � Jody S Smith `` 2613 SEP 24 /1/1 9: L Chief Deputy CUMBERLAND l UUf� Richard W Stewart Solicitor PENNSYLVANIA '�` Bank of America, N.A. as successor by merger to BAC Home Loans Case Number vs. 2013-5227 Jules E Bierach(et al.) SHERIFF'S RETURN OF SERVICE 09/14/2013 08:27 AM-Deputy Mark Conklin, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosur- by handing a true copy to a person representing themselves to be Christine Bierach,wife,w • acc=• e• as"Adult Person in Charge"for Jules E Bierach at 62 Fairfield Street, South Mid• i on, •arlis -, P• 7013. ARK ONKLIN, DEPUTY 09/14/2013 08:27 AM-Deputy Mark Conklin, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Def ndant o t: Christine A Bierach at 62 Fairfield Street, South Middleton, Carlisle, PA 170 . MAR CON LIN, DEPUTY 09/20/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: 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 62 Fairfield Street, South Middleton, Carlisle, PA 17013. Defendants Christine Bierach and Jules Bierach are the only parties who reside at this address. SHERIFF COST: $71.78 SO ANSWERS, September 20, 2013 RONR ANDERSON, SHERIFF (c)CountySuite Sheriff.Teleosoft,Inc. t t s G� SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447c� �t Q CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 - c`'' 0S, AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 ' �. BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 '.2 S & D FILE NO. 13-043793 Bank of America,National Association COURT OF COMMON PLEAS successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home Loans CUMBERLAND COUNTY Servicing, LP PLAINTIFF NO:13-5227 Civli Term VS. Jules E. Bierach and Christine A. Bierach DEFENDANTS PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $131,242.80 in favor of the Plaintiff and against the Defendants,jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages.as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid $116,540.24 Interest accrued $11,090.46 Late Charges $409.40 Escrow Advances $1,573.95 Property Inspection $225.00 Attorney Fees & Costs of Foreclosure $1,403.75 TOTAL $131,242.80 BY: Altorney for Plaintiff AND NOW,judgment is entered in favor of th Pla' 'ff and ag . st the efen r is and damages are assessed as above in the sum of$131,242.80. 13-043793 1 , SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 13-043793 Bank of America,National Association COURT OF COMMON PLEAS successor by merger to BAC Home Loans CUMBERLAND COUNTY Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 13-5227 Civli Term 400 Countrywide Way Simi Valley, CA 93065 PLAINTIFF VS. Jules E. Bierach and Christine A. Bierach DEFENDANT(S) 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 information contained in the records of the 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 to the best of our knowledge, information or belief, 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. / SHAPIRO &DeNARDO, LLC Date: LQ BY: (I'M �AttO ys for Plaintiff cAnU N K DoNMEld Y, QuME Swor to and subscribed b o me this day f ,2013. o Public C)"I�ec7tVWiALT'M OF PENNSYLVANIA Notariai seai Andrea Madden,Notary Public upper Merlon Twp.,Montgomery County L My commission Expires June 19,2016 r,,c BER.PENNSYLVANIA ASSOCIATION Of NOTARIES ' i Results as of:Dec-06-2013 06:08:45 r Department of Defense Manpower Data Center SCRA 3.0 Status Report Pursuant to Sery cemembers Civil Relief-Aef. Last Name: BIERACH First Name: CHRISTINE Middle Name: A. Active Duty Status As Of: Dec-06-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA e" -- No NA This response reflects the Individuals'active duty status based on the Active Duty Status Date Left Active Duly Within 367 Days of Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status vAlhin 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 Data Order Notification Start Date Order Notification End Date Status Service Component NA .NA No NA This response reflects whether the individual or his_Rrer unit has received early notification to report for alive duty f. Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 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 at 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.m.il/faq/pis/PC09SLDR.htmi. 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(NOAH 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: 2671 PB809097ABO ` Results as of:Dec-06-2013 06:08:42 r Department of Defense Manpower Data Center SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: BIERACH First Name: JULES Middle Name: E. Active Duty Status As Of: Dec-06-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .i.' - _ - No+.. NA This response reflects the Individuals'active duty status based on the Active Duty Status Dale Left Active Duty Within 367 Days of Active Duty Status Dale Active Duty Start Date Active Duty End Date status Service Component NA NA No NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His[Her Unit Was Notified of a Future Catt-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Servloe Component :NA, � No - NA NA ' This response reflects whether the Individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 4: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: G6418BDOA097980 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043793 Bank of America, National Association ; COURT OF COMMON PLEAS successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home Loans CUMBERLAND COUNTY Servicing, LP ; PLAINTIFF NO: 13-5227 Civli Term VS. ' Jules E. Bierach and Christine A. Bierach DEFENDANTS 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, November 19, 2013 to the following Defendants: Jules E. Bierach, 62 Fairfield Street, Carlisle, PA 17013 Christine A. Bierach, 62 Fairfield Street, Carlisle, PA 17013 jTia�ny Donn ell, Legal Assistant stopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC SHAPIRO&DeNARDO,LLC BY: CHRISTOPHER A.DeNARDO,ESQUIRE,ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE,ATTORNEY I.D.NO. 311403 AMY GLASS,ESQUIRE,ATTORNEY I.D.NO. 308367 BRADLEY J. OSBORNE,ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 13-043793 Bank of America,National Association COURT OF COMMON PLEAS successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home Loans ; CUMBERLAND COUNTY Servicing, LP PLAINTIFF NO: 13-5227 Civli Term VS. Jules E. Bierach and Christine A. Bierach ; DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Jules E. Bierach DATE OF NOTICE: November 19, 2013 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten(10)days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South 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 pox no haber tornado la accion requirida de su parte en este caso. Al no toinar la accion debida dentro de un termino de diez (10) digs 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 pars tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo para aueriguar donde se puede conseguir assitencia legal; Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South.Bedford Street Carlisle,PA 17013. 717-149-3166 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: Jules E. Bierach,62 Fairfield Street, Carlisle, PA 17013 Christine A. Bierach, 62..Fairfield Street, Carlisle,PA 1.701.3 SHAPIRO &DeNARDO,LLC Date: / _ f�9 BY: Pm/ rA tt ys for PI intiff CAITLIN NL D01 EL LY,ESQL'.,; •'11 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043793 Bank of America, National Association COURT OF COMMON PLEAS successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home CUMBERLAND COUNTY Loans Servicing, LP PLAINTIFF NO: 13-5227 Civli Term VS. ' 1 Jules E. Bierach and Christine A. Bierach ; DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Christine A. Bierach DATE OF NOTICE: November 19, 2013 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten(10)days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one,go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South 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"IWORTANTE Usted se encuentra en estado de rebeldia pox 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) dial de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in torte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe Ilevar esta notificacion.a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal serv.icio, vaya en persona o Ilame por telefono a la oftcina cuya direction se encuentra escrita abajo Para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South 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 BR 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: Jules E..Bierach, 62 Fairfield Street,Carlisle, PA 170.13 Christine A. Bierach, 62 Fairfield Street, Carlisle, PA 17013 SHAPIRO &DeNARDQ, LLC Date: .� for eys3orplailitiff CAMIN M.DONN- Ly'EsQumz SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043793 Bank of America,National Association COURT OF COMMON PLEAS successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home Loans CUMBERLAND COUNTY Servicing, LP PLAINTIFF NO:13-5227 Civli Term VS. Jules E. Bierach and Christine A. Bierach DEFENDANTS CERTIFICATE OF SERVICE I, Amy Glass, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Jules E. Bierach, 62 Fairfield Street, Carlisle, PA 17013 Christine A. Bierach, 62 Fairfield Street, Carlisle, PA 17013 Date Mailed: )AD SHAPIRO & DeNARDO, LLC Date: 7a-��� BY: t rneys r Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043793 Bank of America,National Association COURT OF COMMON PLEAS successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home Loans CUMBERLAND COUNTY Servicing, LP PLAINTIFF ; NO:13-5227 Civli Term VS. ; Jules E. Bierach and Christine A. Bierach DEFENDANTS CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor(Plaintiff)is: Bank of America,National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 400 Countrywide Way Simi Valley, CA 93065 and that the last known addresses of the judgment debtors (Defendants) are: Jules E. Bierach 62 Fairfield Street Carlisle, PA 17013 Christine A. Bierach 62 Fairfield Street Carlisle, PA 17013 HA I 1VARDO, LLC Date: y10'�3 BY: Akorn)eysf r Plaintiff 13-043793 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Jules E. Bierach 62 Fairfield Street Carlisle, PA 17013 Bank of America,National Association COURT OF COMMON PLEAS successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home Loans CUMBERLAND COUNTY Servicing, LP PLAINTIFF NO: 13-5227 Civli Term VS. Jules E. Bierach and Christine A. Bierach DEFENDANTS NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. �u�� 1�• Buell Prothonotary [XX] Judgment by Default , [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY AMY GLASS, ESQUIRE AT (610)278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Christine A. Bierach 62 Fairfield Street Carlisle, PA 17013 Bank of America,National Association COURT OF COMMON PLEAS successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home Loans CUMBERLAND COUNTY Servicing, LP PLAINTIFF NO: 13-5227 Civli Term VS. Jules E. Bierach and Christine A. Bierach DEFENDANTS NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary "D [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY AMY GLASS, ESQUIRE AT(610)278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment OOther t Bank of America,National Association File No. - successor by merger to BAC Home Loans Amount Due $131,242.80 Servicing, LP f/k/a Countrywide Home Loans Interest December 3,2013 to June 4, 2014 Servicing, LP is $3,969.62 PLAINTIFF Atty's Comm ' Costs s, » vs. © CGS Jules E. Bierach and Christine A. Bierach cC. DEFENDANT(S) ter. TO THE PROTHONOTARY OF THE SAID COURT: Tv C:> . The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a I' pe dWa�ain /real estate of the defendant(s) described in the attached exhibit. Date: Ia-�4' Signature: Print Name: A re Address: 360 Horiz n Drive, Suite 150 Kin of P ssia, PA 19406 Attorney for: Plaintiff l� f Supreme Court ID #PA Bar# 308367 � a�► �`�� �1 � off/ All that certain lot of ground situate in the South Middleton Township, Cumberland County, Pennsylvania,more particularly described as follows: On the North by property now or formerly William H. Finkenbinder and Auralia Finkenbinder, his wife; on the East by Fairfield Street; on the South by property now or formerly of Charles C. Becker and Bertha B. Becker,his wife; and on the West by property now or formerly of Marshall Ressler and Lillian Ressler,his wife. Containing one hundred(100) feet front on Fairfield Street and to a depth of two hundred ninety- five(295) feet, more or less. PARCEL No. 40-22-0489-126 BEING the same premises which Rodney L. Yentzer, II and Nancy J. Yentzer,husband and wife, by Deed dated December 12, 2008 and recorded December 17, 2008 in the Cumberland County Recorder of Deeds Office as Deed Instrument No. 200839952, granted and conveyed unto Jules E. Bierach and Christine A. Bierach, husband and wife. SHAPIRO & DeNARDO, LLC "CP R-O TH0tj0 T,4 j t BY: CHRISTOPHER A. DeNARDO, 2#13 DEC-9 MOP Q3 ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN CAITLIN M. DONNELLY, ESQUIRE, 'EN1VS Y COUNTY ATTORNEY I.D. NO. 311403 LVAMIA AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043793 Bank of America,National Association COURT OF COMMON PLEAS successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home Loans CUMBERLAND COUNTY Servicing, LP ; PLAINTIFF NO: 13-5227 Civli Term VS. Jules E. Bierach and Christine A. Bierach DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 Bank of America,National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 62 Fairfield Street, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s) Jules E. Bierach 62 Fairfield Street Carlisle, PA 17013 Christine A. Bierach 62 Fairfield Street Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Jules E. Bierach 62 Fairfield Street Carlisle, PA 17013 Christine A. Bierach 62 Fairfield Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bank of America,National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 400 Countrywide Way Simi Valley, CA 93065 4. Name and address of the last recorded holder of every mortgage of record: Bank of America,National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 400 Countrywide Way Simi Valley, CA 93065 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 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: TENANT OR OCCUPANT 62 Fairfield Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SH PIR D O, LLC BY: Amy GI ss, Esq 're 13-043793 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 r' ' - KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043793 CPA a� Bank of America,National Association COURT OF COMMON PLEAS ;. successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home Loans CUMBERLAND COUNTY G �' Servicing, LP PLAINTIFF NO: 13-5227 Civli Term VS. Jules E. Bierach and Christine A. Bierach DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Christine A. Bierach 62 Fairfield Street Carlisle, PA 17013 Your house (real estate) at: 62 Fairfield Street, Carlisle, PA 17013 40-22-0489-126 is scheduled to be sold at Sheriffs Sale on June 4, 2014 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of$131,242.80 obtained by Bank of America, National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Bank of America,National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. a- 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how-to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling(610)278-6800. 6. 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. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. 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. 9. 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. 10. 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 no later than thirty days after the Sheriff Sale. 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 the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South 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. 13-043793 All that certain lot of ground situate in the South Middleton Township, Cumberland County, Pennsylvania,more particularly described as follows: On the North by property now or formerly William H. Finkenbinder and Auralia Finkenbinder, his wife; on the East by Fairfield Street; on the South by property now or formerly of Charles C. Becker and Bertha B. Becker,his wife; and on the West by property now or formerly bf Marshall Ressler and Lillian Ressler,his wife. Containing one hundred (100) feet front on Fairfield Street and to a depth of two hundred ninety- five(295) feet, more or less. PARCEL No. 40-22-0489-126 BEING the same premises which Rodney L. Yentzer, II and Nancy J. Yentzer,husband and wife,by Deed dated December 12, 2008 and recorded December 17, 2008 in the Cumberland County Recorder of Deeds Office as Deed Instrument No. 200839952, granted and conveyed unto Jules E. Bierach and Christine A. Bierach,husband and wife. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 rn rn r— S & D FILE NO. 13-043793 Bank of America, National Association COURT OF COMMON PLEASv"-t- successor by merger to BAC Home Loans CIVIL DIVISIONv c Servicing, LP f/k/a Countrywide Home Loans CUMBERLAND COUNTY .' Servicing, LP v PLAINTIFF NO: 13-5227 Civli Tenn vs. Jules E. Bierach and Christine A. Bierach DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jules E. Bierach 62 Fairfield Street Carlisle, PA 17013 Your house (real estate) at: 62 Fairfield Street, Carlisle, PA 17013 40-22-0489-126 is scheduled to be sold at Sheriffs Sale on June 4, 2014 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of$131,242.80 obtained by Bank of America, National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Bank of America,National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling(610)278-6800. 6. 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. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. 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. 9. 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. 10. 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 no later than thirty days after the Sheriff Sale. 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 the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South 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. 13-043793 x All that certain lot of ground situate in the South Middleton Township, Cumberland County, Pennsylvania,more particularly described as follows: On the North by property now or formerly William H. Finkenbinder and Auralia Finkenbinder, his wife; on the East by Fairfield Street; on the South by property now or formerly of Charles C. Becker and Bertha B. Becker, his wife; and on the West by property now or formerly of Marshall Ressler and Lillian Ressler, his wife. Containing one hundred (100) feet front on Fairfield Street and to a depth of two hundred ninety- five(295) feet, more or less. PARCEL No. 40-22-0489-126 BEING the same premises which Rodney L. Yentzer, II and Nancy J. Yentzer,husband and wife,by Deed dated December 12, 2008 and recorded December 17, 2008 in the Cumberland County Recorder of Deeds Office as Deed Instrument No. 200839952, granted and conveyed unto Jules E. Bierach and Christine A. Bierach,husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5227 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA,NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiff(s) From JULES E.BIERACH AND CHRISTINE A.BIERACH (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEES)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $131,242.80 L.L.: .50 Interest DECEMBER 3,2013 TO JUNE 4,2014 IS$3,969.62 Atty's Comm: Due Prothy: $2.25 Atty Paid: $220.53 Other Costs: Plaintiff Paid: Date: 12/9/13 �� I David D. Buell,Prothonotary (Seal) Y Q,� Deputy REQUESTING PARTY: Name: AMY GLASS,ESQUIRE Address: SHAPIRO&DENARDO,LLC 3600 HORIZON DRIVE,SUITE 150 KING OF PRUSSIA,PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No.308367 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY LD. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043793 Bank of America, National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP PLAINTIFF VS. Jules E. Bierach and Christine A. Bierach DEFENDANTS (--f 1? 0 1-1 iti 0 TA 411101f-1? 30 Pli I: 1 I c01,181--• LAND COLIN P YI.VANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:13-5227 Civli Term CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Bank of America, National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on February 28, 2014, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Date: 13-043793 By: SHAP 'IS & SE LLC Megha Williams Legal Assistant Name and Address of Sender Shapiro & DeNardo, LLC 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 Check type of mail or service: 0 Certified o COD Delivery Confirmation o Express Mail El Insured O Recorded Delivery (International) 0 Registered O Return Receipt for Merchandise 0 Signature Confirmation Article Number Addressee (Name, Street, City State, & ZIP Code) Postage Affix Stamp Here (If issued as a certificate of mating, or for additional copies of this bill) Postmark and Date of Receipt Handling A Charge if Registered Fee 13-043793 MW 2. 3. 4. 5. 6. 7. 8. Total Number of Pieces Listed by Sender 3 Total Number of Pieces Received 9st Office Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Tenant or Occupant 62 Fairfield Street Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Post a r ingFd oyee) PS Form 3877, February 2002 age 1 of 1) Value U.S. POSTAGE >> PITNEY BOWES 4. ZIP 19406 02 1YV 0001 87 410 014 ,S6 mu RR Fee IPFee Fe-e I Fee Fee Qtt 2)) fete by Typewriter, Ink or Ball Point Pen See Privacy Act Statement on Reverse SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043793 Bank of America, National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 400 Countrywide Way Simi Valley, CA 93065 PLAINTIFF VS. Jules E. Bierach and Christine A. Bierach DEFENDANT(S) COURT OF COMMON PLEAS----) CUMBERLAND COUNTY -0 8~) 13-5227 Civli Term `f) T 77 () Notice of the Date of Continued Sheriff's sale The Sheriff's Sale scheduled for June 4, 2014 at 10:00 AM in the above -captioned matter has been continued until August 6, 2014. Date: BY: SHAPIRO & DeNARDO, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043793 Bank of America, National Association COURT OF COMMON PLEAS successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home Loans CUMBERLAND COUNTY Servicing, LP PLAINTIFF NO:13-5227 Civli Term vs. Jules E. Bierach and Christine A. Bierach DEFENDANT(S) CERTIFICATE OF SERVICE I, Bradley J Osborne, Attorney for the Plaintiff', hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Jules E. Bierach 62 Fairfield Street Carlisle, PA 17013 Christine A. Bierach 62 Fairfield Street Carlisle, PA 17013 Date: BY: SHAPIRO & DeNARDO, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043793 Bank of America, National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 400 Countrywide Way Simi Valley, CA 93065 PLAINTIFF VS. Jules E. Bierach and Christine A. Bierach DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY 13-5227 Civil Term Notice of the Date of Continued Sheriff's sale The Sheriff's Sale scheduled for August 6, 2014 at 10:00 AM in the above -captioned matter has been continued until October 1, 2014. Date: BY: SHAPIRO & DeNARDO, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043793 Bank of America, National Association COURT OF COMMON PLEAS successor by merger to BAC Home Loans CIVIL DIVISION Servicing, LP f/k/a Countrywide Home Loans CUMBERLAND COUNTY Servicing, LP PLAINTIFF NO:13-5227 Civil Term vs. Jules E. Bierach and Christine A. Bierach DEFENDANT(S) CERTIFICATE OF SERVICE I, Bradley J Osborne, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Jules E. Bierach 62 Fairfield Street Carlisle, PA 17013 Christine A. Bierach 62 Fairfield Street Carlisle, PA 17013 Date: 1" 6P-1/ BY: SHAPIRO & DeNARDO, LLC eys for Plaintiff Lc o t ESQUIRE SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 LEEANE 0. HUGGINS, ATTORNEY I.D. NO. 85144 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-043793 Bank of America, National Association successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP PLAINTIFF VS. Jules E. Bierach and Christine A. Bierach DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 13-5227 Civil Term SUGGESTION OF BANKRUPTCY •,) TO THE PROTHONOTARY: It is hereby suggested of record that Jules E. Bierach and Christine A. Bierach Defendants in the above captioned case have filed Bankruptcy under Chapter BK 13, under Docket No. 14- 02616 on June 3, 2014, in the Middle District of Pennsylvania and the above captioned Action in Mortgage Foreclosure is accordingly stayed during the pendency of the Bankruptcy. Date: '7f2/J4 BY: SHAPIRO & DeNARDO, LLC Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ' E 0- 4 F10E KT THE PROTHONQ TAR`° 2814 OCT 4 AM . 9: 35 CUMBERLAND COUNTY PENNSYLVANIA Bank of America, N.A. vs. Jules E Bierach (et al.) Case Number 2013-5227 SHERIFF'S RETURN OF SERVICE 03/24/2014 01:41 PM - Deputy Dennis Fry, 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 62 Fairfield Street, South Middleton - Township, Carlisle, PA 17013, Cumberland County. 03/24/2014 01:41 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Jules E Bierach at 62 Fairfield Street, South Middleton, Carlisle, PA 17013, Cumberland County. 03/24/2014 01:41 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Jules Bierach, husband, who accepted as "Adult Person in Charge" for Christine A Bierach at 62 Fairfield Street, South Middleton, Carlisle, PA 17013, Cumberland County. 06/03/2014 As directed by Christopher Denardo, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 07/28/2014 As directed by Christopher Denardo, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/1/2014 09/29/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $809.71 SO ANSWERS, September 30, 2014 RONNfY R ANDERSON, SHERIFF (c) CouraySu:€a Snerilf, Teleosott, Alf 3/2 636 On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered 62 Fairfield Street, Carlisle, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Real Estate Coordinator tQ :Oi V 1 1 330 MR Vci e2, J..41-3HS "3-H1 20 XIII 16 CUIVIBERLAND,LAW 4QURNAL 04/ 18/ 14 Writ No. 2013-5227 Civil Term Bank of America, N.A. vs. . Jules E. Bierach I i Christine A. Bierach Atty.: Christopher DeNardo All that certain lot of ground situ - 'ate in the South Middleton Township, Cumberland County,;Pennsylvania,. more particularly described as fol- lows: .7l. • 4 • On the North by property now, or formerly William H. Finkenbir der and Auralia Finkenb'inde'r;'hs wife; on the East by Fairfield;Street; on the South' by property now or'formetly' of Charles C. Becker 4afid' $ertha Becker; his wife; and on the West by property now or formerly'of Marl' Ressler :and Lillian Ressler, his wife. Containing one hundred (100) feet front on Fairfield Street and to_ a depth of two hundred ninety Five `(295) feet, more or less. PARCEL No. 40-22'-`0489.126 BEING the same premises which Rodney L. Yentzer; II --and- Nancy_. J. Yentzer, husband and wife, by Deed.datedDecember 12, 2008 and recorded December 17;.2008 m the Cumberland County Recorder of ` Deed's Office as"Deed Instrument No. 1, 200839952, granted,and conveyed unto Jules E. Bier'ach'and Christine. A. Bierach, husband and wife. !' 4 1 • 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: April 18, April 25 and May 2, 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. isa Marie Coyne/ Editor SWORN TO AND SUBSCRIBED before me this 2 da of a 2014 otary COMMONWEALTH OF PENNSYLVANIA 1 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 2020 technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2013-5227 CMI Term Bank of America, N.A. Vs Jules E Bierach Christine A Bierach _tty: Christopher Denardo 11 that certain lot of ground situate the South Middleton Township, timberland County, Pennsylvania, ore particularly described as follows: n th North by property now or rme y William H. Finkenbinder ecorded December 17, 2008 in the :umberland County Recorder of )eeds Office as Deed Instrument 4o. 200839952, granted and conveyed into Jules E. Bierach and Christine k. Bierach, husband and wife. This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 wo t• and subscribed before m of May, 2014 n . D. is COMMONWEALTH! OF PENNSYLVANIA Notarial Seal Holly Lynn :?Werfel, Notary Pubic Washington Twp., Dauphin County My Comm'sston Er'res Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOQA1TON OF NOTARIES